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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-482 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 5, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/482 SUBJECT: Approval of the Subdivision Agreement for Development Plan 3057-02 Lot 13,being developed by Fairfield San Ramon North,LLC,San Ramon(Dougherty Valley)area. (District III) The following document was presented for Board approval this date: 1. Subdivision Agreement A subdivision agreement with Fairfield San Ramon North,LLC,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Performance amount: $14,300.00 Auditor's Deposit Permit No.408326 Date: July 8, 2003 Submitted by: Fairfield San Ramon North, LLC Tax ID Number: 33-0778277 I hereby certify that this is a true and correct copy of an action Contact: Teri Rico((313-2236363} Originator:Publictaken and entered on the minutes of the Board of Supervisors.. _ 313 LT.rm on the date shown. G:\GrpD&talEngSvc%0\200318-05.031DP 3057-02 130-21.doc cc: Public Works—T.Bell,Construction _. _ -._ ............. ... Current Planning,Corsnrnuuty Development T—May 2004 Fairfield San Ramon North LLC ATTESTED: AUGUST 05. 2003 - - Clarke McDaniel JOHN SWEETEN,Clerk of the Board of Supervisors and 5510Morehouse Drive,Suite 200 San Diego,CA 92121 County Administrator Insurance Company of the West Thomas A.James 11445 El Camino Real San Diego,CA 92186 By ,Deputy RESOLUTION NO.2003/ 482 SUBJECT: Approval of the Subdivision Agreement for Development Plan 3057-02 Lot 13,being developed by Fairfield San Ramon North,LLC,San Ramon(Dougherty Valley)area. (District III) DATE. August 5, 2003 PAGE: 2 B. Surety Bond Bond Company: Insurance Company of the'West Bond Number: 2084456 Date: July 1, 2003 Performance Amount: $1,415,900.00 Labor&Materials Amount: $715,100.00 Principal: Fairfield San Ramon North, LLC NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/482 SUBDIVISION AGREEMENT (Government Cade§66462 and§66463) Subdivision: DP 02-3057 Brgncb Creek Place Lot 13 Principal: FAirfield Sass Ramon Ngit LI& Effective Date: �Ie Completion Period: l,year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COMMACO$IA COUNTY` ERINCIPAL Maurice M.Shiu,Public Works Director Fairfield San Ramon North LLC � (Pant r mE&two) �L/� �'" /�` ►'! �i y Y.[ r r By: p (she) Engineering Sc6 s "vision (rdntname&alk) e.;,ley�r►.- FORM APPROVED: Victor 7.Westman,County Counsel (NOTE:All signatures to be acknowledged.IfFancipal is incorporated,signal ues must conform with the designated represcrotive groups purmuant to Corporations Code§313.) 1. . °S DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned P-611-02al.mutually promise and agree as follows concerning this subdivision: 2. 1 022)EMENTS. Principal 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 by the Conditions ofApproval fon this development and generally as shown on the improvement plans for this subdivision 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). Principal 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(Government Code§§66410 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. DdMOVEMENT SECURITY. Upon executing this agreement,Principal shall,pursuant to Government Code§66499 and the County Ordinance Code,provide as security to the County: A. ForF-erfgMAMe Ind_thArrantec: S 14.2-00-0-0- cash,plus additional security,in the amount:S 1.415.900.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of- Cash, fCash,certified check or cashiers check. X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal 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 perfRip anee. _. B. For Pavment: Security in the amount:S 715.100.00which is fifty percent( e)ofthe estimated costofthework. 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,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held as securities may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material orworkmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 964.6, "Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK. Principal 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 wcgd,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 ofone(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal 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 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,Principal shall make whatever changes may be necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY_COUNTY. Inspection ofthe 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 ofsaid work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal ofthe obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any ofthe terms and conditions hereof: 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special districts,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 ofactions defined below and including personal injury,death,property damage,inverse condemnation,or any combination ofthese and regardless ofwhetheror not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any auit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions eausina liability are any act or omission(negligent or non-negligent)in connection with the matters covered by thisAgmement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: 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 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: Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON- ERFO CE AND COSTS:If Principal fails to Qomplete the work within the time specified in this t,and subsequent , or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even ifPrincipal subsequently proceeds to complete the work. 12. INCL-R7• RATION/ANNE?CATION. 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,except as provided in this paragraph,County's rights under this a reement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Sucfi cit}shill have all the riglr o a r mtybenefmciary agamstPrincipal, who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally.The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance. RL:JD:ladlcw ; I7rtltEnY6r41AG WOR NAG-34.doa CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STA'T'E OF CALIFORNIA -OPTIONAL SECTION- CAPACITY CLAIMED BY COUNTY OF SAN DIEGO SIGNER Though statute does not require the Notary to fill in the date below,doing so may prove invaluable to persons retying on the document. On July 14,2003,before me M.A Rhinesmith.Notary Public Nae and T°kk raK Ofaa-er,`JANE DOE,NOTARY PUBLIC" ❑INDIVIDUAL personally appeared Patrick J. Gavin and James A Hribar 0 CORPORATE OFFICER(s) Names)of Signer(s) L personally known to me - OR 91 pr-ey a me en the basis e to be the person(s) whose name(s) `is/are Vis) subscribed to the within instrument and acknowledged to me that 0 PARTNERS(S 0 LIMITED t(e/sem/they executed the same inUis/hVr/their authorized capacity(ies), 0 GENERAL and that by tds/hW/their signature(s)on the instrument the person(s),or 0 ATTORNEY-IN-FACT the entity upon behalf of which the persons(s) acted, executed the ❑TRUSTEE(S) instrument. ❑GUARDIAN/CONSERVATOR WITNESS my hand and official seal. 0OTHER: SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(IES) S NATURE OF NOTARY aHIH���comm.#1248450 NOTARY MIC•CALIFORNIA SAN DIEGO MOM f0I1 EX 1911.14.2004 .� OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document:Subdivision Agreement—Fairfield San Ramon North LLC Number of Pages:three Date of Document:undated Though the data"wed here is not required by law,it could prevent fiaudulan reattachment of this form Signer(s)Other Than Named Above • r i R lr • [ �Mt.. � ..r * mss. INN m Rowu MIMMFffljM'j .: �i . * - • _ . • MENS MMEMM MEMM ■ mmmm���� MMEMM�� ®mm ®®m mmomm - M ®® R: H KS,ka ETC FOR AUMOR-CONTROLLER USE MY R `f PERW DP NUMM DATE y. r i r I'• l m eT NOV(q/ o.? r� o•� 001 3 , 000oo*.,4 20 ` 00+ 20 . 00+ o.* 10 . 00+ 10 . 00+ jOOo.00+ 12 . 00+ 0t31 4. 50+ 3=000.00*+ 1 . 70+ 2 . 05+ 00* 0 . 18+ 80 . 43* 0• * 30 . 31 + 30 - 31 + 1 , 240 . 00+ 03 (al . 16 - 00+ 82 = 200 . 00+ 16. 00+ 200. 00+ 16. 00+ 4cctt''T83 , 748 - 62* 16 - 00+ 3s000.0,0 16- 00+ 82 , 200 - 00+ 002 748 16 - 00+ 200 . 00* 30 . 31 + 1 , 240 . 00+ 83 , 718 - 310 80 . 43+ '. 50 - 12- 83y748 - 62* 0 • 12-83y748 • 62* i . 0649-9665 / 831000: G1116746, $67,900.00, DP02-3057, Civil Cash Bond, Branch Creek Place Lot 13, Fairfield San Ramon North LLC, 5510 Morehouse Drive #200, San Ramon, CA 92121 819800-0800: G1116746, $14,300.00, DP02-3057, Development Improvement Plan Inspection Branch Creek Place Lot 13, Fairfield San Ramon North LLC, 5510 Morehouse Drive #200, San Ramon, CA 92121 Subdivision: DP 02-3057 Branch Creek Place Lot 13 Bond lain.: 2084456 Premium: $8,495.00 IMPROVEMENT SECURITY BOND FOR SGBI)IVIMN ACREFMENT (Performance,Guarantee and Payment) (California Government Code §§ 66499 _66499.10) 1. RECITAL OF SGa3p msioN AGREEMENT. The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision DP 02-3057 Lot 13 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of final map orparcel map for said subdivision. 2. OBLIGATION: Fairfield San Ramon North LLC as principal and insurance Company of The West , a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance and Guarantee: One Million Pour Hundred Fifteen Thoumd_Nine Hundred and 00/1 GO Dollars ($ 1,415,900.00 for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Seven Hundred Fiftegn_Thousand One Hundred and 00/100 Dollars (5 715.100.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division IIT of the Civil Code of the State of California. 3. CONDMON: 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 ageement 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 rify__ assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remainin Tull f'oRee ande ems"c[. -` 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 orContra 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 (23.) above, is such that said principal and the undersigned, as corporate surety, are held finely bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material marc and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind,or for amounts clue under the Unemployment insurance Act with respect to such work or labor and that said 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 ofContra 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 persons,companies and corporations entitled to file claims under Title: 15(commencing with Section 3082)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 work under conditions 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 of Contra Costa(or city assignee)shall relieve then surety from liability on this bond;and consent is hereby given to make:such alteration without Rather Notice to or consent by the 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 the principal whenever taken. S'tCN€D AND SEALED on July 1st 2003 PMNCIiPAL: Fairfield San Ramon Forth LLCSU)tt€TY: Insurance Company of the West Address: 5510 Mo house Dr.,Ste 200 Address: 11445 El Camino Real Cit San Digum. CA Zip: 9 12 City: San Die , Zip: 92186 Print Name: + C t C C-)a Print Name: hcmas A. Jaynes "Title: !�t C ti �Z r r`t•. .f Y P. Title: Attorney-in-Fact c:,prpDa1a\En15vrF*rm\BN woRlhtst�I2,ti�c rte,.r„�rr„socia No. 0001404 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint THOMAS A.JAMES,MICHAEL H.PRADELS,DENNIS BORSENBERGER,GARY T.PETERSON their true and lawful Attorney(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelityand surety bonds,undertakings, and other similar contracts of suretyship,and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001. aparurr Jtltitrq Ty 4p INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY j SEAL„ is INDEPENDENCE CASUALTY AND SURETY COMPANY "r, ,ice r rNt �J 4t1 , � John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San Diego J $S• On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. NORMA PORTEI`I w COMM. #1257540 @ spa/L�+ NOTARY PUBLIC-CALIFORNIA tai j N,OIE?O C01t,YNT! `e.7 y omm asbn xpires MARCH 19,2004 Norma Porter,Notary Public RESOLUTIONS This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date..,execute,sign, seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: 'That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE L the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and Independence Casualty and Surety Company,die. hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 1st day of___., uly Q0 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. I.C.Q. GROUP Insurance Company of The Nest The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Camino Real, San Diego.CA 92130-2045 P.O.BOX 83363, San Diego. CA 92186-5563 ' (858)3502400 FAX(858)350-2707 wwwkwgroup.com Bond Number: 2084456 Terrorism Risk aider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which ' one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar($1.00). Important Notices The cost of terrorism coverage is subject to change on any bond, that premium is charged annually. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA -OPTIONAL SECTION- CAPACITY CLAIMED BY COUNTY OF SAN DIEGO? SIGNER. Thougb statute does not require the Notary to fill in the data below,doing to nay prove invaluable to persons relying on the document. On July 14,2003,before me M.M.Rhinesmith,Notary Public Noe ad Tek offt officer-e.s,"JANE DOE,NOTARY PUBLIC" 0INDIVIDUAL personally appeared Patrick J. Gavin 0 CORPORATE OFFICER(s) N—(s)of Signer(s) 8 personally known to me OR 9 proved to rae en the basis - to be the person(lq whose nam.ei') is/a'& TITLE(S) subscribed to the within instrument and acknowledged to me that o PARTNERs(s 0 LIMITED he/ft/tl*executed the same in his/h(r/tlf8ir authorized capacity(l)k), °GENERAL and that by his/hor/&eir signature($)on the instrument the person' ,car 0 ATTORNEY-IN-FACT the entity upon behalf of which the personso) acted, executed the 0 TRvsTEE(s) instrument. 0 GUARDIAN/CONSERVATOR WITNESS my hand and official seal. 0 OTHER: SIGNER IS .—.. REPRESENTING NAME of PERSON(S)OR ENTITY(rES) SIGNATURE OF NOTARY M.M.RlltN7tRN+1 .' ,- C)MM.#124800 NOW PUBLIC+CALIrOMIA 6SM DIEGO COUNTY Cotlutdsaiott J>tit 31 2004 OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Improvement Security Bond for Subdivison Agreement—Fairfield San Ramon North I.LC Number of Pages:two Date of Document undated Though the data requested here is not required by law,it could prevent < eaidutent reatuachnient ofrbis torn. Signer(s)Other Than Named Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ° On July 1'2003 before me, Barbara Watson, Notary Public, personally appeared Thomas A. James , ® personally known to me -OR- El 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 lie executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of �s� which the person acted,executed the instrument. aARZ1RA WATSON Commiaaion•i Notary}Public-Catt mia San Disko County W7I d official seal, My Comm.Expires Jun 4,2006 Signature of Notary -,-.:.r.,:.:::..r.•,....,::.-;.:.-:..:.:::..::,,.:::::::r.:.r:::.::..::�:.::::.,:..{::r::..'.::.-:.;::�:r,:•:...:...�:...,.r.::�r .........: ......:..�: .,..,.: ..r:: r. ,..f::.... .v:..::::::.v:{r.e.?•..:=;:r,.}i4.•:.:v:•:.::{•:it::::::,:°:}:{•}:., .......w•::::.. ,^:s}:.:;✓:::::.v{•: a:.r} :.:.r:.:.•:::..•.v::.•.✓.....,:y}:%i:•:}.b:•}}*;=i:?;•};;i::tti':'::>?i::::?'.•ii:;}{:::;{::(:i:{4:..,.....$:iviiS};;•}i;..,., w,vr::..: ..:..:. ..} ,•y.,•.::.°•:::::'::{?{?:;:;.�:^.w.v}::4;:.t.,..n:'i:v:.T..,:..$ .'S:.v:'�: ,'�•• .....,,..v::.v;:. r::.:.:=:::r:v:::=::',}._.:::{? {!+T'�::� �,�:}>:}::}:.:.::}:r::rv:•.::•}:•:•}}:-..}::y::rr::h.::.•:4:,:.{•}X{::=:::{:iiii:-}X4:{:�':.v,{%?.5:.• =r.-.:).titi:w}.}•s >x...r ?}: Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL [ CORPORATE OFFICER [] PARTNER(S) LIMITED Improvement Bond ( ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: Insurance Company of the West NAME OF PERSON(S)OR ENTITY(IES) Thomas A. James _._, , ...... L A-1CW 24(7100)