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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-232 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on April 15, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE .ABSENT: NONE ABSTAIN: NONE DISTRICT ITT SEAT VAr'ANT RESOLUTION NO. 20031 g3j SUBJECT: Amending Subdivision Agreement for Subdivision 7267,Lafayette Area.(District II) The following substitute security to guarantee the road and drainage improvements for Subdivision 7267 being developed by Morgan Capital Investment Properties, a California Corporation as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Morgan Capital Investment Properties as principal in the form of a corporate surety bond(Bond No. CAIFSU 0318779 dated March 6,2003)and issued by International Fidelity Insurance Company in the amount of$115,000.00 for faithful performance and $292,450.00 for labor and materials. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on April 20, 1999,is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the existing security bond with ULICO Casualty Company; BE IT FURTHER RESOLVED that the improvement security bond (Bond No. B98016785 dated December 3, 1998)with ULICO Casualty Company is EXONERATED. All deposit permits are on file with the Public Works Department. PE:rm G.\GrpData\EngsvctBO\2003\4-15-03\SUB 7267130-23.doc Originator: Public works(Es) I hereby certify that this is a true and correct copy of an action Contact; Rich Lierly(313-2348) taken and entered on the minutes of the Board of Supervisors ec: Director of Community Development on the date shown. Public Works -Accounting -Construction Morgan Capital Investment Properties 3 harbor Drive,#303 ATTESTED: APRIL 15, 2003 Sausalito,CA 94965 JOHN SWEETEN Clerk of the Board of Supervisors and International Fidelity Insurance Company � � 3200 Villa Lane County Administrator Napa,CA 94558 ULICO Casualty Company 500 Ygnacio Valley Road,Ste.260 Walnut Creek,CA 94596 By ,✓ '' Deputy � e RESOLUTION NO. 2003/ 232 cc�► CALIFORNIA ALL-PURPOTE ACKNOWLEDGMENT State of California a County of Marin On December 8, 1998 before me,_ Deborah L. Johnson, Notary Public Dail Name and This of OMber(e.g.,'Jane Doe,Notary PublW) personally appeared Lewis E. Cook, Jr. and Linda J. Plott Felt Nama(a)of S"r(s) W personally known to me proved to me on the basis of satisfactory evidence i to be the person(s)whose name(s) is/are subscribed to the l within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), ' DEBORAH L.JOHNSON and that by his/her/their signature(s) on the instrument the Commission#1150118 person(s),or the entity upon behalf of which the person(s) Notary Punic-Californla acted, executed the instrument. Main County QW(yCoMM.B#%hQ4.2001 WITNESS my hand and official seat. Signature of Pubw ) OPTIONAL Though the Information below is not required bylaw,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tale or Type of Document: - „r1,Ri *i jinn AgrepmPnt Document Date: Number of Pages:_ 7 Signer(s) Other Than Named Above: J. Michael Walford, Public Works Director and VictorJ. estman, bun y nuns Capacity(les) Claimed by Signer(s) Signer's Name: Lewis E.-Gook, Jr Signer's Name: Linda J. Plott Felt ❑ Individual ❑ Individual M Corporate Officer X3 Corporate Officer ) Title(s): President Title(s): _ _Secretary ❑ Partner---❑ Limited ❑General ❑ Partner---❑ Limited ❑General ❑ Attomey-in-f=act ❑ Attorney-In-Pact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator * ( ❑ Guardian or Conservator e ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: Morgan Capital Inv. Prop. Morgan Capital Inv. Prop to 1 M National Notary Association•8238 Rermw Ave.,p.o.Box 7184•CAnoga park GA 91WO.7184 Prod.No.&W Reorder.Cal Toll-Free 1-OD0.87e-e127 V, I 1�!ycA s 'N" '�JLt"' r.ry.., � C.,R � � �,Yi•k'1.4° +)t.• 4}}�a a-, p�/q� i'�•{; y y. �y�Y� �..x.. 'W +'+.ti•.,t•. ^"DITlRCOtt�ROLiIt °4''' .gyp .. E TREASURER: .. 1 , , : w tr r �tcCEIYED FROM ', � k'.�°'k,' ��E��C'�W� �'tii'�' tom..�/7�/�� ����iT '`�...0 .� - t ..l i,y.. .•'' ;+ 1i ''wps•Y� Z' �t..:.'`Y . ORGANIZATION NUMBER -"7 P Z (For Cash Collection Procedures sss Covrlty Administrvtoes Bulletin 105.) DESCRIPTION FUND RQ SUB ACCT:. TASK OPTION ACTIVITY p.MOUNT _ eso 31�DD'd +��f tJ'd g%7s oo ere ty t 7 0011 d t t ; LANATION: r f �'7`v el , fi d �Iolazy - TOTAL DEPOSIT $ , . ���" DEPOSIT � v A;6/,% S�' G'J'c9/4'�e '?' gist J�' COIN anod CURRENCY S CHECK%M:Q,ETC, $ ►a h� �x rV CE`� l "1 D 510 l BANK DEPOSITS. $ I °105��8 ) 't o tn2®1 I �t5 53b! FOR ALXX OR-CONTROLLER USE ONLY DEPOSIT Paw R DIPZ 3 1 2— NUMBE `DATE 1 `! — rw amolxlt of rrxw*y descr&td above is fiur, deposit into the County Treasury'. ` �� � -*T, asurr5r•V of obays artloex*is a��y nReds"ofcsbrNe ts+l;ocxlt� �� hweby. ��'Mse' •-'� Caxlty'..Jtillf�ftbf t'•P4 ! ,i,�� 4 REV.(7-93) ' i °Rcf•x t i Deputy Czxxty,Treauxw SUBDIVISION AGREEI-.�-N;- (Government Code S66462 and'556463) ,,nbdlvision: _. 7267 _ Effective Date: �;ui divider: MORGAN CAPITAL INVESTMENT Completion Period: �..- PROPERTIES THESE SIGNATURES ATTEST TO THE.PARTIES'AGREEMENT HERETO: CONTRA CQSTA COMY SUBDIVIDFI2 J.Michael Walford,Public Works Director MORGAN CAPITAL INVESTMENT PROPERTIES a California corporation By. o t +tarmsladr) LZW15 E. REC®M1viP PRESIDENT By gServicesDivision p1&tnum ltide LINDA J PLOTT FELT Victor J.Westman,County Counsel SECRETARY (NOTE:.All signatures to be acknowledged. ft.-Subdivider is' gig- natures:must conform with the designated representative groups pursuant to cot- porations code 6313.) TSA IE. Effective on the above date,the County of Contra Costa,California,hereinafter called"C unto" Subdivi�,mutually promise and agree as follows concerning this subdivision: and the above-mentioned 2. D=QMEhiFM. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as revie,hod 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). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Cmvemment Code SS66410 and following),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 stricter requirements shall govern. 3• 1=0VEMII+tT M=. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Cade,provide as security to the County. A. ls+r Performance and Cantu.• S 5, 8 0 0.O 0 cash,plus additional security,in the amount of S 5 7 9, 10 0.0 0 total one hundred percent(100%)of the estimated cost of the work. Such additional securi is — which together ty presented in the form of Cash,certified check or cashiers check. . � Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider 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 unsatisfactoryperformance. B. For Payment: Security in the amount of S_ 2 9 2, 450.00 which is fi security is presented in the form of fty percent(50% of the estimated cost of the work Such Cash,certified chock,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. t C. Upon acceptance ofthe work as complete by the B'4►rd of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordanee'with 594.4.406 and 594-4.408 of the Ordinance Code. 4. OIUAlz4R1T7 A1+T WA RbN 1'y QE WtJ1tK. Subdivider guarantees that said work shall be free from defects in material or workmanship and sha8 perform satisfiotorily for a period ofone(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6, "Aoceptance%of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. NAM ESTABLEERvENT WDM Subdivider 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(1) year from and after the Bond of Supervisors accepts the work as complete. 6. llyIP12OVEtvt M PLA=►? Subdivider warrants the improvement plana for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions ofApproval for the Subdivision. 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,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO W61' BY CO)I7N'1'Y. 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 paymeri t,therefor,or any oombination or all of thew sets,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed-,nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. : Subdivider 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 jltlbilifies 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 acacausing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D.Non-Conditioner The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, supplidd,or approved arty plans)or tions)in connection with this work or subdivision,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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SU'I?VEn. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Suryeyor before acceptance of any work as complete by the Board of Supervisors. 11. MON-P RM ly&C 'hit?COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to payall coats and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision 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,Subdivider agrees to pay all casts incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider Agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. 1Ncg =TION / NNFxeTTdN. If,before the Board of Supervisors accepts the work as complete,the subdivision is included 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 scouting said rights shall beVansfermd to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. REC-- ORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. Subdivision: 7267 Bond No.: CAIFSU 0318779 PREMIUM: $5,849.00 Per Annum IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code SS66499- 66499.10) 1. REM rA�of S[rsDty�sYt r�AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision 7267 _, as specified in the Subdivision Agreement, and to complete said work within the time specified ror coariplction in the Subdivision A.gremnent, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. _ QBLIgaioltii: MORGAN CAPITAL INVESTMENT PROPERTIES as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organized existing under the laws of the State of NEW JERSEY and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it A. Performance and Guarantee: ONE HUNDRED FIFTEEN THOUSAND -------_-- Dollars ($ 11S,000.00 -----------------) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: TWO HUNDRED NINETY-TWO FOUR HUNDRED FIFTY THOUSAND ------ Dollars($ 292.450.00 ---------------)to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III.of the Civil Code of the State of California. 3. C'o : A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its 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 is 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; otherwise 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. CALYF01. .IA ALL-POSE ACKN0A__.ZD GEWNT State of CALIFORNIA OPTIONAL SECTION County of NAPA CAPACITY CLAMMED BY SIGNER On 3CD61/2003 .before me, THEMSA STUD I(ER NOTARY PJJRJ 7C "Though statute doer not require the Notary to fill in NAN Trt't$0Y 0 ao.,"aANB DO ,N ryAR1 M' the data below,doing so may prove invaluable to personally appeared CLAY THOMPSON persons relying on the document. NA o SI S} 0 INDIVIDUAL ¢personally(mown to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) — — — — — a s be the person(o whose name(!)islaw THERESA UE subscribed to the within instrument and rt7 s> acknowledged to me that helsltr/they executed 0 PARTNER(S) 0 LA4TT ED C d t 7 the same in hisAterlthetr authorized 0 GENERAL oww- Notory Pubic - capacity(i),and that by hivbe*hetf 0 ATTORNEY-IN-FACT My Conxr County the entity upon behalf on the of whi h tht the e person(r 0 TRUSTEES) i W ' ? acted,executed the instrument. 0 GUARDIAN/CONSERVATOR 0 OTHER: ITNESS my h and ofC ial s at, SIGNER IS REPRESENTING: (NAM OF PBUON(S)OP 2XrrrY(MS)) 0 AR OPTIONAL SECTION THIS CERTIFICATE 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 penons,relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTA_ Y 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. I• D SIG AI= - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exac y as it is typed or printed. II. SIGNATURES FOR rNDWIDUAI,S-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. §QN4=0 FOR III• pS - Sig�ng party must be either a general partner or be authorized in writing to have the au onty to sign or an uY a partnership. IV. Documents 511OUICI be signed y two officers,one from each of the following two groups: GROUP 1. {a The Chair of the Board {(b The President C Any vice-President GROUP 2. a The Secretary An Assistant Secretary C The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two $coups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization Of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. ROMW %TWS4ti$KMWATANOrpD/t\W ntl+mWwOpM FORIMAM PUaM)SH NOTARYAm j. a #el{973)'624-72 4pa. 77 l� . 0. R,1 , HQ F G)FFICE 0 ' N9WAMK 0�.N '` R}20T. 1~I.00, NI?WAR�x,Il+l1�:WJERS' V. 47.1f 2 420"x. RNt�i ALT BY'T IIE E P E5 NT8; �ERtFI�i7 NAE '.ITY�I�ISI1 RAN Ct C+13 '.,�L1Vl�t n>Lircr awl dytisC�3g IawR F f thr Staffs of NetiV]sissy, gd ha>+art tts ISrrirc ra#+t#I .to tylt3 vl NaY rls New;-j rsey:does herby sa(snst}tuto ppoy u .. CIY F Z. I . ffiICSt}N --PA CA. CA. tit hen?e ht d.latswfu#attnrd j(s}}to f i to exec,sial end delivs.I*snd ort#tt l ehalf aa:silt ty;an at>d a#I tinnds And tdfade€;akinga fi*cts of Jndcum .arals wriimg. oM}fgatory tp thr naatuir t13er2f whaa h lize or triay be #lowecf5 tatgitirrd err enftittbyy::law statttte<"ruse lationrotikXazt or er3vtse Me execution of Buds jtnsttymr t(s} ap iRya4Co of tlteae yrrsetlt , snail `as but, updra the sait4RT Ne NAL" I3ELTfY,�N E COI1 'ANY,as Wind amply:ha all nts atnd purpoRes if the RSfne hsd lin fluly: xeetatcdand awled�+ed;by ttg reguiarly;electlxd oflieeta at : prib incipal offacc: Thio Power ofttotnrcyy'ts<Kxrc teed;and meqq be�vvolti put3tt nt tp arjd bY:-au tliordy of Ax#tck 3- ectrgn.3,:qf t#tez$$yy"Y awe.'adc�pted by #te$oatzi of I)irerxor of INTERNA ,NAL F IDELI "I11iS[FRAAICir C( ARTY at a mrrf#ng cathed':and he&bn the 7th day of ptit r ry, 19 4. The President or any Vice,Presid*bt,T xect ye Vice Ptesident,Seamary irf Assistant Secretary,shall have pbwtt and authority tl}To appoint'Attnrtteys to faCti'Oid to autlt�ize'tliem to execute on tachalf of the C;0:m* ,and attests the Sra1 of the irnpany ther4:::'b: and undertakings,contracts of itx#emnity and other„writings obligatory. the.natture thrreaff and, {2}To remove,at any time,any tuck attorney-in-fact and tswiykc the atlaortty gcn. Further,this Power of Attorney its Rtgned and seated by facaizrt$e pursuant to rrsc ltatton of the$a5ard of Directors of said G"otr any adopted aft a meeting duly calls,and held on the 29th day of April, 1982 of ivh3ch the fallowi isms trur."e�tcerpt. Now therefore the signatures of such offits and the seal of the Cctrrapatty may be affixed to any such powrr of attaitney or aft}!crrtificafe relating thereto by facsimile,and any such paawcr,of attorney or certificatr bearing @uch faresa n signatures or faesimite seal shall he vs#lid and binding upon the Company and apy such power so executed and csni#ieaf by facsimilt signatures and facsimile Real Rhill be valid and hinda upon the Company fA the turf with rrspaCt to any bond or undertaking to which it is attached`;;, � IL1TY 1Jy�► IN TESTEWNY WHEREOF,INTERNATIONAL FllEL-ITY INSURANCE COMPANY has caused this inRtrument to be,, ` tf/ signed arul its corporate seal to be affixrd:by its authorized off m,thin 91 st day of August,A.D.1998, SEALINTERNATION ELITY IICTSURA YCE CO am i• 90rb STATE OF1V NEW IIrRSEY 4S Coun y of Essex x� Vke relent On tic 91Rt day of Au gust 1998 before rite canw..the individual who.)(40"the pprice utRttument to the yy known and,ba:utg b:r' duly sworn,said the he is the thesetn drstx a�ci and.autltortzed o Trot a T19I'RR1'dATIfl ELM— ENSU C, AVP At:tlrattllt5.sea to vaapi#nstrttmetit is the CayrparAtr Ssal oP said;Gornpatty,that tlxe sear Ctartsoratr Sra and h .:sigm ure werr duly ed by order off the$oii7d of Dirra�ita of said Cottttrany. IN l"F.S I`1bI17'WNO#7p Itvt 1ta'retahto set my hand affut my Oicaa#5eat1 '" At tlta City of`Newlr,New thr da Aatd rRey y yrarTtrat aboiie wrtttan. NK33ARY ; : w "PUBLIC 7. A:1a1G GARY I EY om t~rtycrntnrck(t>nx trey 2I; oaS i,the tinderRtgned officer of I1I EIVATI4tiAI �'fI3EI.IT1iRat `Cr '�1NY tat Ititreby:crrtdy tFe#t T fiav rxortgiared"#ht ftg!?tn8 3t;tif t#1e 11100e, o f Att0Cpey ala¢# tf#'itltd 1 ! yf thin of tlf .Hyh Ws cif seedotfipany.IsR sit foist tar Ratdaar t Attorney, ltlt tSR tRTrTt3 INA OFFICEOI�'SA1D GJMTNl',Acrd tt#a the so "0'era nprrcGt tatrdhthe said; dyireg ' srf Air©they has rtrfl been#stroked aqd now m tul6 fUrce and effect IN T£sa"TIlS3ONY WIxI&itiirOF I hays hrreaitttti act uty hand thy; 6 day of MATCH 2003. `s t � `Y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of California County of � � ss. On2L� , before me, Date N nd Title of Officer(e.g.,"Jana Doe,Notary public") personally appeared s /.5 Name(a)of Signer(a) 0 personally known to me � ff proved to me on the basis of satisfactory evidence l to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed l 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 entity upon behalf of which the person(s) r ca U acted, executed the instrument. ARY pusuC-MFORN(A MARIN COUNTY C WITNE'SAny hand and official seal. COMK FXP-JAN.&40i7d- Place Notary Seal Above Notary public ( OPTIONAL Though the information below is not required b law,it May 9 Y y prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:> ,may i , " ~ Document Date: -LO-10 3 Number of Pages: Signer(s)Other Than Named Above: r Capacity(les) Claimed by Signer Signer's Name: LC� to T 0 Individual GKCorporate Officer--Title(s): + Top of thumb here © Partner---❑ Limited ©General 0 Attorney in Fact 0 Trustee E) Guardian or Conservator ❑ Other: Signer Is Representing: � � f��►�.� �_ �� 0 1999 NWonal Notary Aamcktdon•9350 Do Sdo Aw.,P.D.Box 24M+Chat-oft,CA 91313-Nm+w".netlmakntdryag Prod.No.5907 Reorder.Cab Tall Fre*1-9004764W CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f• State of California - ss. County of 1 ilC i� On ,�.Z'11& � , before me, 4 lZ'" ILL' Date Name apd a of Officer(e.g.,"Jane Dae,Notary Public") personally appeared Neme(s)of Signer(s) ' I• U'personally known to me ® proved 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 entity upon behalf of which the person(s) A.ROUGFA�U � acted, executed the instrument. COMM..#1337766 OTA"P IN CO AUPOkNiA WITNES COMM. y hand and official seal. EXP. � Place Notary Seal Above Signature of Notary Public r• OPTIONAL 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 this form to another document. Description of Attached Document Title or Type of Document: - Document bate: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Sign r Signer's Name: — i llg ,��I ❑)ndividual Top of thumb here p'Corporate Officer—Title(s): Il Partner—❑Limited O General 0 Attorney in Fact ® Trustee 11 Guardian or Conservator 0 Other: Signer Is Representing: /1 R111"W&WOUNRUBW I'M 01998 Nesonat Notary Anodabon+99b0 De 8010 Ave.,P.O.Boa 2402•Chatsworth,CA 91313.2402*www.nabonak Tary.org Prod.No.U07 PAOrder.CaY TOO-Free 1 SubdixOn: 7267 Bond No.: B98016785 PREMIUM: $11,582.00 IMPRO`'VEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT ,(Performance, Guarantee, and Payment) (California Government Code SS66499- 66499.10) 1. RECITAL OF SUBDIVISION AGREEKE : The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision 7267 ,as specified in the Subdivision Agreement,and to complete said work wiaiiu the time specified for completion in the. Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OB IGATION: - ORGAN CAPITAL INVESTMENT PRQPERTIES , as Principal, and ULICO CASUALTY COMPANY a corporation organized existing under the laws of the State of DELAWARE and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors, and assigns to the County of Contra Costa, California to pay it: FIVE HUNDRED SEVENTY-NINE THOUSAND A. Performance and Guarantee: ONE HUNDRED Dollars ($ 579,100.00 ) for itself or any city assignee under the above County Subdivision Agreement,plus TWO HUNDRED NINETY-TWO THOUSAND B. Payment: FOUR HUNDRED FIFTY Dollars ($ 292,450.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California. 3. C®�NDYTION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its 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 is 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; otherwise it shall be and remain in frill force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The conditi L. Of this obligation as td Section 2.(B) I.`�e 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 or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay, the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond,will pay, in addition to the fact amount thereof;costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by County (or city assignee) is successfully enforcing such obligation, to be awarded and fixed by the court, and 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 persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 382)of Part 4 of.Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration with further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on. DECEMBER 3, 1958 MORGAN CAPITAL PRINCIPAL.:_ INVESTMENT PROPERTIES SURETY:ULICO CASUALly Compaxv Address: THREE HARBOR DRIVE, STE 303 Address: 500 YGNACIO VALLEY RD, STE 260 City: SAUSALITO Zip: 54565--2543 . City: Zip: By By: Print Name: LEWIS E. COOK, iR. Print Name: -ROBERT E. CH VZCK Title: _. PRESIDENT Title:ATTO EY-iN--FACT ROBERT E.CHOVICK `ISUSANDER,JACOBS,CASSAYRE r►tw oINSURANCE SERVICES :1{hpDstal�n�5vc�annalBN wORBN-t 2r� .dac P.O,BOX 2800+ Rev.August t2,1999 NAPA,CA 94558(707)252-8822 ULICO CASUALTY COMPANY 003 111 Massachusetts Avenue,N.W. Washington,DC 20001 ■ ■ 2 ■ 8 POWER OF AT rORNEY Know All Men By These Presents: That Ulico Casualty Company,A Delaware corporation,having its principal office in Washington,DC,pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January,1993: RESOLVED: "T`h at the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powers-cif-Attomey,qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business." RESOLVED: "Tlut the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile,and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: Clay Thompson,Jeffrey D.Erickson and Robert E.Chovick,of LSU Sander,Jacobs,Cassayre Insurance Services of Napa,in the State of California,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign, execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE MILL10N($3,000,000.00)DOLLARS,to bind Ubco Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company,and all the acts of said Attorneys)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof,Ulico Casualty Company of Dover,Delaware,has caused this Power of Attorney to be signed by its chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of June,1998. This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in black ink,this notice is in red ink,and if attached to a document executed subsequent to March 31,2001. Ulico Casualty Comp `, Districtafcalumisia as: SEAL o xm t ff A W M*` A.Geargtrte, C.fiief Executive Officer On this 15th day of June,1998,before the subscriber,a Notary Public of the District of Co bis,duly commissioned qualified,came Robert A.Georgine of Ulirn Casualty Company to me personally known to be the individual and officer described erein,and who executed the preceding instrument,and acknowledged the execution of the same,and being by me duly swam,deposed and said,that he is thea icer of the Company aforesaid,and that the seal affixed to the preceeding instrument is the Corporate Seal of the Company,and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the corporation,and that the resolution of the Company,referred to in the preceding instrument is now in fora. In Testimony Whereof,I have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written. 140TARY By. PUBLIC SAN4b =arc , CERTIFICATIC)1mcommis I,Joseph A.Carabillo,Assistant Secretary of Ulico casualty Company of Dover,Delaware,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of the corporation of DEC1993_. SEAL irtsl abiva, t5ecretary tt Awlf UCB-102-POAI(06!38) .,fig.„ FORNIA AL U State of CAT.TFORNTA OPTIONAL SECTION County of_ NAPA CAPACITY CLAIMED BY SIGNER DA befare met _ G TERSEN° cae ENbT`ARX PUB IC Though statute does not require the Notary to a, 0 '' IIII In the data below,doing so may prove in. personally appeared ROBERT E. CHOVICK valuable to persons relying on the document. WMIR ❑INDIVIDUAL t$personally known to me-OR-0 provided to me on the basis of satisfactory 0 CORPORATE OFFICER(S) evidence to be the person(s)whose name(s)Ware subscribed to the within Instrument and ❑PARTNER(S) O LIMITED acknowledged to me that he/sheAhey O GENERAL executed the same in hisihediheir O ATTORNEY-IN-FACT +- PEGGY PETERSENauthorized capadty(les),and that by p TRUSTEE S COMM.s1079270 4 instrument the person{shisiherAheir signature(s)on the { ) > NOTARY PUBLIC.CALIFORNIA )or the entity 0 GUARD>f+N/CONSERVATOR Z WA COUNTY 3) upon behalf of which theerson(s) ©OTHER. W Corm.E*n DEC 3,IM acte ecuted the instrument W ES y hand and official seal, SIGNER IS REPRESENTINd':" MW CW pfRmMm 00&MV'MW THIS CERTIFICATE CERTIFICATE MUST BE ATTACHED OPTIONAL SECTION TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT ' NUMBER OF PAGES DATE OF DOCUMENT 11u.0 Wb.k THAN NAMED ABOVE SIGNER(S)OTHER l exqprw+WWi all fr r+wwMwO MY.M Iww INSTRUCTIONS TO NOTARY The following Information Is provided In an effort to expedhe processing of the documents. Signatures required on documents must comply wfth the following to be acceptable to Contra Costa County. Ir FOR At.l SIGN A UREA -The name and Interest of the signer should be typed or printed N ATH the signature. The name mus 1;s neexactly as it Is typed or printed. il. SIGNATURES FOR INDN7DU6LS The name must be signed exactly as it Is printed or typed. The signer's Interest In the PrWFUILY 11JUbt be 5181ed:� lII. SIGNATURRFS Fr)R QAaRTN t R HSPS -Slegnnhip party must be either a general partner or be authorized In writing to have the€tuthc IV. SIGNATURES Ft7R CORPORATIONS Documen Snould be signs y O c rcers,one from each of the following two groups: GROUP 1. h:Chair of the Board ?- b The President jb" Any Vice-President GROUP 2. The SecretaryAn Assistant SecretayThe Chief Financial Officer The Assistant Treasurer currIf signatures of officers from each of the above two groups do not appear on the Instrument a certified copy of a resolution of the ently vvDirectors oer of atttomsy notarized,izsfficenstrument to execute Instruments of t lta type in question Is required. A Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its Board of Directors-.acts". � rynsw