HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-216 z�- �� IIIIIIIIIIlI
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RceorC at tits tyaeat o� CONTRA COSTA Co Recorder Off ice
Costa counnty STEPHEN L.. WEIR Clerk-Recorder
Public Works Department
Engineering Services Division DOC— 2003--@ 1 62�08�011
Return to:
Public Works Department Wednesday, APR 09, 2003 10:39:07 Engineering Services Division FIRE
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THE BOARD OF SUPERVISORS OF CO]
Adopted this Resolution on April 8,2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE..
ABSENT: NOS
ABSTAIN: NONE
DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 216
SUBJECT: Accepting completion of improvements, approving Road Improvement Agreement
for warranty period and declaring Parr and Ride Court a County road, for Road
Acceptance 1120(cross-reference Subdivision 7686),Byron area. (District III)
The Public Works Director having notified this Board that the improvements for Road
Acceptance 1120 (cross-reference Subdivision 7686) being developed by Hofmann Land
Development Company have been completed and that such improvements have been constructed
without the need for a Road Improvement Agreement.
The following Road Improvement Agreement with Hofmann Land Development Company
was presented for Board approval for the warranty period for Road Acceptance 1120(cross-reference
Subdivision 7686).
PE:nn/ I hereby certify that this is a true and correct copy of an action
G:1GmData\EngSvclPattyEd120031MamhiRA 1120130-42.doc taken and entered on the minutes of the Board of Supervisors on
Originator: Public Works(ES) the date Shown.
Contact: Eich Lieriy(313-2348)
cc: Public Works Accounting
-T.Bell,Consunction
Maintenance(w/plat)
-T--44-04 ATTESTED:_ April 08, 2003
Recorder(via clad:),then Records Section
CSAA-catcog JOHN SWEETEN,Clerk.of the Board of Supervisors and
csAA-
CHP,oro Al County Administrator
Sheriff-Patrol Div.Commander
Ho$nsm Land Development
1380 Galaxy Way By Deputy
Concord,CA 94522
St.Paul Fire and Marine Insurance Company
2552 Stanwell Drive
Concord,CA 94520
9ESOLUTION NO.2003/ 216
SUBJECT: Accepting completion of improvements, approving Road Improvement Agreement
for warranty period and declaring Park and Ride Court a County road, for Road
Acceptance 1120 (cross-reference Subdivision 7686),Byron area. (District III)
DATE: April 8, 2003
PAGE: 2
Said document was accompanied by security to guarantee the completed road improvements,
as required by Title 9 of the County Ordinance Code, as follows:
I. Cash Bond
Performance Amount: $1,400.00
Auditor's Deposit Permit No. DP 378659 Date: December 12, 2001
Submitted by: Hohmann Land Development
Taxpayer identification number: 68-0419482
II. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Co.
Bond Number and Date: ST8712,February 12, 2003
Performance/Maintenance Amount: $20,850.00
Labor&Materials Amount: $69,500.00
Principal: Hofmann Land Development Company
NOW, THEREFORE, IT IS RESOLVED that said Road Improvement Agreement is
APPROVED. All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that the improvements have been COMPLETED as ofApril
8, 2003, thereby establishing the six-month terminal period for the filing of liens in case of action
under said Road Improvement Agreement:
DATE OF AGREEMENT SURETY
April 8,2003 St. Paul Fire and Marine Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $69,500.00,
Bond No. ST8712,issued by St.Paul Fire and Marine Insurance Company,be RETAINED for the
six month lien guarantee period until October 8, 2003, at which time the Clerk of the Board is
AUTHORIZED to release the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that Park and Ride Court, the hereinafter described road,
the right of way was conveyed by separate instrument,recorded on September 11, 2002,
Document No. 2002-0322715-00,is ACCEPTED and DECLARED to be a County Road.
RoadName Road—R/W Widths Road No. SS sy tern Length(Miles)
Park and Ride Court 39'—49 9357CN Minor 0.02
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$1,400.00 cash deposit(Auditor's Deposit Permit No.378659,dated December
12,200 1)made by Hofmann Land Development Company and the performance/maintenance surety
for $20,850.00, Bond No. ST8712, issued by St. Paul Fire and Marine Insurance Company, be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released
by this Board.
RESOLUTION NO. 2003/21.6
j ROAD I'ROVEM29AGREEMEN1
Developer: /7° rl rra�tn�'art ��✓ l �rc°n.��o. Effe+ctive IAte: ( � .
Developments �_ac f�Cl r i3 r a rt '${31 3 tJL.' erlod: 1 year
Roads Park W.Rolde Ca►134-� (PR,�44 1/Zt3
r
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DRVELOPER o k j+��t hi^ Tanto! N-Ye l opetpO&Go,
Maurice M.Shiu,Public Works Director
°
By: 4A 11�
; tom) r r fi
sprint naw#tide}
RECOMME
By: (agnanaa}
ening Services Division (war nano A tide)
RM Victor J.Westman,County Counsel
WOT& Ari signatures to be admowledpA If Subdivider is incorporated,sigmtues must
conform with the designated repmsentative Soups pursuant==Code Coda 5313.)
i. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County."and the above-mentioned
Ltysjgg mutually promise and agree as follows concerning this development:
2. IMPROVEMEN'TS. Developer agrees to install certain road improvements(both public and private),drainage improvements,sighs,street lights,
fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as
reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including
future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code;.the stiicter requirements shall govern.
3. IMPROVEMENT SHCURrrv. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security
to the County:
A. For Pcrformance and uarantee: S 1-yAno • cash,plus additional security,in the amount of S 0r 'd
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of
Cash,certified check or cashiers check.
Acceptable corporate survty bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment Security in the amount of S 0915700- which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of
Cash,certified check,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit,
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor
or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount
securities may be reduced in accordance with 5944.406 and 594-4.408 of the Ordinance Code.
4. GUAM A ITEE eND`tyeRRANTl/O3F WORx Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,
"Acceptance,"of the Ordnance Code. Developer agrees to comet,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private mads which are not to be accepted into the County road system.
5. PLAN'!`ESTABLISHMENT WORD. Developer agrees to perform establishment work for landscaping installed under this-agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined
by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year
from and after the Board of Supervisors accepts the work as complete.
6. RQ)fl2 ENT PLAN WARRANTY Developer warrants the improvement plans for the work are adequate to accomplish the work as promised
in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete
or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary
to accomplish the work as promised.
7. 130 WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part.of
said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement
as prescn'bed;nor shall the County be thereby be stopped from bringing terms and
action for damages arising from the failure to comply with any of the termand
conditions hereof
8. : Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section..
A. The indemnities benefitted and protected by this promise are the County, and its special district, elective and appointive boards,
commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether
or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and
including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions ca 'nrr liability are any act or omission(negligent or nou-negligent)in connection with the matters covered by this Agreement
and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. NonNon ns The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these
matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON PERFORIiIA M AND MM:IfDaveloper fans to complete the work within the time specified in this Agreement,and subsequent extensions,
or fkfls to maintain the work,the County may proceed to complete and/or maintain the work by contract oro and Developer agrees to pay all costs and
charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon dcmtand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees
to pay all attomay"s fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently ptoceeds to complete
the work.
11. If,before the Board of Supervisors accepts the work as complete,the development is inchtded in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights
shall be transferred to the now or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall NMI all the tears
of this agreement as though Developer had contracted with the city originally.
12. In consideration hereof.
(heck applicable section(s))
_ County shall allow Developer to obtain building permits for said development,assuming it finny complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RL:hw
C3:KhpDatal�a�SveV�e+rauUQ wORMO-24.bx
Rev.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEVIEN'T
State of ,lb`C S:�,_Cs. OPTIONAL SECTION
County of cam--reg-_ CZ JS-\ ----- CAPACITY CLAIMED BY SIGNER
on before me,3. Though statute doss not require the Notary to IIII In
NAME TiTI 8 OF aFPx o., f the data below,doing me may prove invaluable to
personally appeared. a - T 1. persons relying on the document.
0 INDIVIDUAL
personally known to me-OR-0 proved to me on the basis of satisfactory evidence to O CORPORATE OFFICER(S)
be the person(s)whose name(s)Ware n �
subscribed to the within instrument and
acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIhfITED
the same in his/her/their authorized 0 GENERAL
ecity(ies),and that by his/her/their 0 ATTORNEY-M-FACT
0. PANTELES ature(s)on the instrument the person(s)or 0 TRUSTEE(S)
Let..
foovri if 1296595 entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR
NOTARr i"ALIC-CALIFORNIA ed,executed the instrument.
�`amraCaete Counir0 OTHER:
tcmm.Expires Merch 9,2005 S my hand and fficial seal,
SIGNER IS REPRESENTING:
rr (NAMH OF PHRSOMS)OR sNrrrY(MS))
S104ATURB OF NOTARY
OPTIONAL SECTION
THIS CERTIPTCATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
ro-attachment of this form
INSTRUCTIONS TO N®TARP
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
L -The now and interest of the signer should be typed or printed.BENEATH the signature. The
name must be signed exactly as it is typed or printed.
H. -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated,
III. RE,S I� S - Sigfaing party must be either a general partner or be authorized in writing to have
flie authority to sign for and bind the partners
IV. uiamTIIRES FOIJ=QMUQW
Documents should signed y two officers,one from each of the following two groups:
GROUP 1. Nba.
The Chair of the Board
The President
Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretory
c The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directim authorizing theperson si g the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will ce.
Notarization of only one corporate signature or signatures from onlyane oup,must contain the following phrase:
"...and acknowledged to me thatsuch corporation executed the within' ent pursuant to its by-laws or a resolution of its Board of
Directors."
_int NATA WORD NOTARY.doc
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
�� L!��'' ,.. �,'-y'.,�,��->�'_ �--tom,✓c.✓,r'�!<" 5 /�G:sd,%'" S�G' Cy
ORGANIZATION NUMBER
t +1
�J
T + (For Cash Collection Procedures see County Administrotor'a Bugetin 105.)
DESCRIPTION FUND/ORG SUIL ACCT. TASK OPTION ACTIVITY AMOUNT
I.�
r ow
'' i,/ -�. �,/� Gt✓ �=C S '�6' S o 1G�GG /i' C:C btr L lid C� j CQ
y i
S f� ' Cy �;I J'� f'✓f 1 ! r L �/ G toCJ fr t r , '3'.�f. a i c'o
1
1
i
' 1
{
x i
t
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1
1
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{
EXP'L.).4ATIO TOTAL $ 1
,"�' °`"C y t��°,.cy s" �. r"d -' •'�' i�- �- Cl' / P.+ f,�• .a/j?rCJ+' JIDEPOSIT
Deposit co mists of the following items
CON and CURRENCY $
CHECKS,M.Q.ETC. $—G'—"
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE Ot Y
DEPOSIT
PERMIT DP
DATEhe
`ticr�lr :JL
ASSIGNED
The amount of money desen W dome is for Treasurer's receipt of obav4 amount is.approved Receipt of above.amount is hereby
deposit into the C ty Treasurys ack
Date_!
y
EXT ``�" C Tlosurar
. qtr asxtity Deputy ..
]-34 REV(7-93) l/.•�cr ''
`' i+�Y� C' t : ✓'',' t'i' A 4G/ �.,'�.-r'�,•.�y0,,)r , ''�';, , t. d'`v''c ,E`�yr-'
i! 1 .� � .�"'C.�...�+ �K,1,+4' �.,�'®I, R+.a `�,j�'".0►,�t4`-s1Z--e'�T'.� �'°�-�'A�C.tfi'� J s4'rr+ws.
�''C G-°r9'.�s�'.� ��►>�,, G�c;��, ,.�,/.�® �,�j''v _..��nf yv.-s�'�",�'. S'T-e ,
YAme ce
TOWN OF DANVILLE
SCCJEPA Fund Distribution
From 41112001 to.913012001
SCCJEPA REGIONAL FEES
Total SCCJEPA Regional Fees $ 27,337.94
Less 1%Administrative Cost $ 273.38
Amount to be Distributed 27,064.56
!f'
Distribution(1)
City $ 27,064.56 X 19.60% . = $ 5,304.65 + $ 93.23 Interest = $ 5 397.88 lo'�'
County $ 27,064.56 X 6.90% = $ 1,867.45 + $ 32.82 Interest = $ 1, 0. $2,),r
Town $ 27,064.56 X 73.50% = $ 19,892.46 + $ 349.62 interest = $ 2W, 2.08
SCCJEPA SUE-REGIONAL FEES
Total SCCJEPA flub-Reglonai Fees $ 15,947.91
Less 1%Administrative Cost $
Amount to be Distributed 15,947.91
Distribution(2)
City $ 15,947.91 X 19.00% = $ 3,030.10 + $ 46.27 interest = $ M06.37
County $ 15,947.91 X 6.00% = $ 956.88 + $ 14.61 Interest = $ 9 82l
Town $ 15,947.91 X 75.00% = $ 11,960.93 + $ 182.63 Interest = $ 12,143.56
Total Distributions �.
City $ 8,474.24 ,f
C6unty $ 2,871.75 `'7'/✓
Town $ 32,385.84
Total 43
731.64
_ , .
(1) Distribution per Section 14,SCCJEPA
(2) Distribution per Section 14, SCCJEPA
COUNTY r' CONTRA COSTA•-.;i.ENlglI.. .,. RECEIPTTHIS COPY IS 46
�s +*
DEPT F � __ ,14 NOT A RECEIPT ���V�3
DOLLARS$ !S
=OR
t
Kz)64q
L.0 c- i' C�1'�w•'41w`i'.�!' COUA+) CASH ACCT.
BAL: .-------r,�--••
3ECEIVED FROM C47-557-M CHECK AMT.
PAID �� •�.3
MONEY BAL.
ORDER DUE •
BY - --
(Db7,REV.7/99)
COUNTY ,,, ., CONTRA COSTA - GENERA.- RECEIPT
)EPT THIS COPY IS G 1 1 1 5 5 0 3
f�'� 623(e(,�,/ NOT A RECEIPT
3
: ��.di OLLARS$
OR
CASH ACCT. —
ECEIVED FROM BAL •
W�3) CHECK P D . +a
MONEY BAL.
ORDER DUE +
(M..REV.7199) r By. — -
Bond No.: ST8712
Development:
Premium.$626.000 �r7
IMPROVEMENT SECURITY BOND
FOR ROAD 1MPRowwNT AGRzzmxNT
(Performance,Guarantee,and Payment)
(California Government Code§§66499-66499.14)
1. RiciTAL OF ROAD 1MPRovzmzNT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay fbr street, drainage and other
improvements on,or along Park&Ride court (RAI t 20) ,Ivo complete said work within the time specified
for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION: Hofmann Land Development Company
as Principal and
St.Paul Fire and Marine insurance Comoaopt corporation organized under the laws of the State cif Minnesota
and authorized to transact surety business in California, as Surety, hereby jointly and severally bind+
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay as follows:
A. Performance:TwentV Thousand Eight Hundred and Fifty and MJJ00ths*****
Dollars($. 2gsso_O(!***** for itself or any city assignee under the above County
Road Improvement Agreement,plus
B. Payment spy nine Thousand Five Hundred and no/100ths*****
Dollars($ -M9.soo.00***** )to secure the claims*to which reference is macre in
Title 15 §§et seq. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that ifthe above bonded Principal,
or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the;manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa or city
assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void;oche;wise it shall be-and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees;including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persona,companies and corporations entitled to file claims under Title 15(commencing with Section
3482 of Part 4 of Division 3)of the Civil-Code of the State of California,so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be £urllyr performed, then this obligation shall
become null and void;otherwise it shall be and remain in full force and effect.
C. No alteration ofsaid Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the PtOvisioias of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on 12th of February,2003
Hofmann Land Development Company
PRINCIPAL: SUMTY: St.Paul Fire and Marine Insurance Company
Address: QVim Address: 2552 Stanwell drive
City: City concord,CA 20
By: By,
Print Name: 0A-it) Print Name: Deborah Baker
Title: t jt�'., ",r/D (—, W/'
Title: Attorney-in-Fact.
:m»
��DaiaV alPanarlBN W0WaN-9.&e
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of Contra Costa )
On February 19, 2003, before me, Sandra K. Curran, a Notary Public in and for
the State of California, personally appeared, A. T. Shaw, proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his authorized
capacity and that by his signature on the instrument the person(s), or the entity on
behalf of which the persons(s) acted, executed the instrument.
WITNESS my hand and official seal
SANDRA K. CURRAN ,
Comm,#1296570
Signature NOTARY PUK C•CAl1FMIA
Mr C=E=='
F A4
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrirrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrre
Reference: Improvement Security gond for Road Improvement Agreement
Bond#ST8712, Park & Ride Court (RAI 120)
Date: February 19, 2003
Pages: 2
S'Fh0lIawwa
Fko ad nod Marker �C�p� s
�� '""i 8L P$L tai G*wdbn Comp+ugr MW Judy C
SL b y Iwo.Coaspoq CowpmW �l"ta and Yas
Snbowd Su" SL Pad Mrdk4 Lbb ty Inuramp C Lc
Bond No. 57871
RIDER CONTADMG
DISOMURE NOTICE OF TERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No
action is required on your part. This Disclosure Notice Is incorporated in and a
part of the attached bond.
You should know that, effective November 26, 2002, any losses caused by
certified acts of terrorism would be partially reimbursed by the United States
under a formula established by the Terrorism Risk Insurance Act of 2002. Under
this formula, the United States reimburses 90% of covered"terrorism losses
exceeding the statutorily established deductible paid by the Insurance company
providing the coverage.
There is a cap on our liability to pay for such losses If the aggregate amount of
insured losses under the Act exceeds $100,000,000,000 during the applicable
period for all Insured and all Insurers combined. In that case, we will not be liable
for the payment of any amount which exceeds that aggregate amount of
$100,000,000,000.
The portion of your premium that Is attributable to coverage for acts of terrorism is
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT
TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY.
SIGNED AND SEALED this.fir,day of February
20,x.
SURETY: [SEAW
St.Paul Fire and Marine Insurance Company
Signature:`
Deborah Baker,Attorney In-Fact
ImPaul POWER UE ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Co
St.Paul Fire and Marine Insurance Company
St.Pani Guardian Insurance Company Fidelity and Guaranty Insurance Compa
St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Under
Power ofAttorney No. 23600
Certificate No. 15286569
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Com
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a co PAY are corporations duty organized under
that Fidelity and Guaranty Insurance Company is a corporation corporation duly organized under the laws of the State of Maryland and
Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein cnllectiveTy called the "`Companies'),and that the Companies a hereby make,
constitute and appoint
Matthew J Drumright,Deborah Baker,James C.Jenkins,and Michael G.Hogan
of the city of Concord California
each in theirs separate capacity State their true and iawftr!Attorney(s)-in-Fact,
eP ten i rf more than one is named above,to sign its name as surety to,and to execute,seal.and acknrnthe r a
contracts and other written instruments in the nature thereof alt behalf of the Companies in their business of g any and all bonds,undertakings,
performance of contracts and executing or guaranteeing bonds and undertakings guaranteeing the fidelity of persons,guaranteeing the
gm�d m..p+sttnitted in actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrumero 1p si�ae�afiQ sealed',tlis2_ _.91___�da of 2002
y November
Seaboard Surety Company
St Paul Flre and Marine Inaurrtrit®`:Com a United States Fidelity and Guaranty Company
hi Fidelity and Guaranty Insurance Company
St.Pahl Guardian Insurance Gautpany .. Fidelity and Guaranty Insurance Underwriters,Inc.
St Paul Mercury Insurance
#,�ssart�sas>c rasa 1877 '�°0A1paps' "�
"� far.ar 1851 PETER W.CARMAN,Vice President
State of Maryland
CityofBahimore /T
On this 213' November THOMAS E.HUIBREC,TSE,Asar`sum Secretary
Thomas E.Hui �y of 2042 ,before me,the undersigned officer,
bregtse,who acknowledged themselves to be the Vice President and Assistant Secretary, personally appeared Peter W.Carman and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul M respectively,es Seaboard Surety Company,St.Paul Fire and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance that
Company,United States Fidelity and Guaranty Company,Fidelity and
said Companies;and that they,as such,being authorized solo to doe executed the foregoing
instrument
ent for the ls ted to the foregoing instrument are the corporate scala d
corporations by themselves as duly authorized officers. Purposes therein containo d by signing the names of the
In Witness Whereof,I hereunto act my hand and official seal. too
b;,,',+'
My Commission expires the I st
day OfJuly,2006.
tai'tREBECCA EASLE Y-ONOXALA,Notary Public
86203 Rev.7-2002 Printed In U.S.A.
This Power ofAtt rney is granted under and try the authority of the following resolutions adopted by the Boards of Directors of Seaboard
r and Marine Insurance Company,St Paul Gwwdian Insurance �Y St Paul
elity and Guaeranty and F" C°mpany St Paul Mer cvey Insurance Company,1}nited States Fility and guaranty Cly
Company, idel"and Guaranty Insurance underwriters,Inc.on September 2,1999,whish resolutions are now in full forte and
ct,reading a3 folloroMS:
RESOLVED,that in comiection with the fidelity and surety insurance business of the Company,all bonds,WdWWkin85,contracts and other, relating
to said business may be signed,executied,and acknowledged by persons or entities appointed as Attorney(s)-in4Fact pursuaent to a Power of
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Com ftmY issued�
Company,either"by the or the President,or Vie a Presider or an Assistant Vi Presider shall be executed m the name and on behalf of the
any t+ t,jointly with the Secretary or an Se��.y,
under thew re the seal Of the Companypectrve designations. 'The signature of such offiom may be painted or li The of each of the foregoing oTctrs aend
may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)dn.Pact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subjeox to any limi set forth there'
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding` ��
which it isexecuted d certified by such facsiarile signature and facsimile seal shall be valid and b' upon the��'and or such P�so
to
,and coding Company with roped to any booed or undertaking
RESOLVED FURTHER.that Attorney(s)-in-Pact shall have the power and authority,and,in any cue,subject to the terms and limitawns of the Power of
Attorney isstied them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and `obligand orbit
writings atory in the nature awroof,and amy:such instrumentexecuted
>:xecutive Officxr and sealed and attested to the Sec `such Attorney(s) shall be as binding upon the Company as if signed by a n
by Secretary of the Company
I,'Phomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St Paul Fire and Marine Insurance Compal St Paul Guardian laininnot Com
St Paul Mercury Insurance Company,United Stag Fidelityand Guerre
ty Company,Fidelity and Guauanty '
Underwriters,Inc.do Company,b ey,and Fidelity and Guaranty hiannince
hereby evoked that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which i$ht iVrl1 force
and effect and has n�been revoked.
IN TESTIMONY WHEREOF",I hereunto sett my hand this 12th day of. �ebru�ry 2003
�, �taiar. trlaa iR!'i► .`.� �.%�K,ot:,t.t,7rr
' 'Thomas H.Hw'btegue,Auistigat Semvwy
lb Woe the"Aendci&of ah pawn sf lm"We,K call 1-80",si';�3a a�pS�tcJ6a dk:t�o A
f rlenk Pletifss norw to the] •flriwwW mmjwr,r1Fs
east tlis atm arf Ste 6araWi to x+kkik#?pOwer�` `
State of California
County of Contra Costa
On February 13,2003 ,before me,Myra J.Hicks personally appeared Deborah Baker.
EPersonally known to me-or-reproved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity (ies) and that by his
/her/their signature(s)on the instrument the person(s)or the
M:.<A J. "`' entity upon behalf of which.the person(s) acted, executed
COMMW an the instrument.
Nnfcl Putot
p;err C unit'
c-::re a2 WTINESS my hand and.o tial s L
�gnabVf o Public
---------------_--------------------------------Optiona ------------------------- ----___-___--__---------
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of thisform to another document.
Description of attached Document
Title or Type of Document:Hofmann Land FB for County of Contra Costa RAI 120
Document Date:_ 02/12/03 Number of Pages: 3
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer's Name: ®Individual
n Individual El Corporate Officer
❑Corporate Officer Title(s):
Title(s): ®Partner-[Limited[]General
El Partner-[]Limited[lGeneral [I Attorney-in-Fact
ED Attomey-in-Fact ❑Trustee
0 Trustee El Guardian or Conservator
(El� Guardian or Conservator 0 Other: Top ofnmabHm
1....f Other: Top ot7Awnb Hae
Signer is Representing: Signer is Representing:
St.Paul Fire&Marine Ins. Co.
Signer's Name: