HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-192 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on April 20, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO 2004! 1.92
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8738,being
developed by Davni Development,L.L.C.,Martinez area. (District 1.1)
The following documents were presented for Board approval this date:
1. Map
The final map of Subdivision 8738, property located in the Martinez area,
Supervisorial District 11, said map having been certified by the proper officials.
R. Subdivision Agreement
A subdivision agreement with Davni Development,L.L.C.,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:
I hereby certify that this is a true and correct copy of an action
Originator:Public Works(ES) taken and entered on the minutes of the Board of Supervisors
Contact: Frank Navarro(313-2264)
LS:nn on the date shown.
G:\GtpData\Bngsvc\BO\2004\04-20-04\SUB 8738 BO-21.doc
cc: Public Works—T.Bell,Construction
Current Planning,Conanunity Development
T—February 20,2005 ATTESTED:APRIL 20, 2004
Davni Development,L.L.C.
is xrWde Ct JOHN SWEETEN,Clerk of the Board of Supervisors and
Berkeley,CA 44704
American Contractors Indemnity County Administrator
242 E.Airport Drive,Shite 104
San Bernadino,CA 92408
Attn:Julia B.Leonard
By ,Deputy
RESOLUTION NO.2004/ 192
SUBJECT: Approval of the.Final Map and Subdivision.Agreement for Subdivision 8738,
being developed by Davni Development, L.L.C.,Martinez area. (District II)
DATE: April 20, 2004
PACE: 2
A. Cash Bond
Performance amount: $3,521.39 "
Auditor's Deposit Permit No. Date:
Submitted by: Davni Development,L.L.C.
Tax ID Number: 58-2678988
B. Surety Bond
Bond Company: American Contractors Indemnity
Bond Number: 174014 Date: April 1, 2004
Performance Amount: $352,139.00
Labor&.Materials Amount: $176,069.50
Principal: Davni Development, L.L.C.
III. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 2003-2004 tax
lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first
day of January 2004, is estimated to be $8,400.00, with security guaranteeing
payment of said tax lien as follows:
* Tax Surety
Auditor's Deposit Permit No.: 421163 Date: March 16,',2004
Amount: $8,400.00
Principal: Davni Development, L.L.C.
NOW, THEREFORE,THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said final map is APPROVED and this Board does not accept or reject on
behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/192
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SUBDIVISION AGREEMENT
(Government Clyde§66462 and§66463)
Subdivision: �7 _ Principal: rr r ( 'C.•e t L""'' -.L C-_
Effective Bate: 9 4 Completion Period, I year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO;
CONT MSAs TSA.C = PRINCI
Maurice M.Shiu,Public Works Director
By: IA k P (s;grmtstro) ?'y y,
(Print tle)
RECOM DEDR VV—AL Lt6y L (f{}
lop
EngineeringServicesDivision (Plant atkk)
FORM APEROVED: Victor J. Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is 'incorporated,
signatures must conform with the designated representative groups pursuant to
Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Qu
11Vand the above-mentioned
Pri
mal,mutually promise and agree as follows concerning this subdivision:
2. I PROVEM—ENI$. 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 in 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. IMPFZOVE—EDIT SECURITY, Upon executing this agreement; Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County: 12°Am
/' {
r�av
A. For P cr,-and Guar tee: $ �e v cash,plus additional security,in the amount:S 35---/ 7
which together total one hundred percent(1001%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
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 performance.
5'o
B. For Payment: Security in the amount:S-17-,Lei �,which is fiftypercent(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,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
securities may be reduced in accordance with§94-4.406 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 or workmanship 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 road improvements for private roads,which are not to be accepted into the County road system.
S. 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 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 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
necessary to the plans to accomplish the work as promised.
7. NO 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 Principal of the 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 of the 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 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 ofwhether
or 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 suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing_liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement 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 inspections thereof and relocation of existing utilities required
thereby.
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-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensions,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.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to complete and/or maintain the work.
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 if Principal subsequently proceeds to
complete the work.
12. INCORPORATION/ANNEXATION. 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 agreement and/or any deposit,bond,
or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a thrid party beneficiary against
Principal,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.
RL:JDAd
0:10tpbatelangsvc\FortrelAG wORMAG30.doc
Rev. October 25,2001
CALIFORNIA ALL-PURPOSE ACICNOWLEDGEMENT
State of C AJA 6 OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On �L before me, �!t'�71 � { , Though statute docs not require the Notary to fill in
ATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
personally appeared KAAUW WO 4D PEA M ) persons relying on the document.
NAME(S)OF SIGNERS) INDIVIDUAL
personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S)
be the person(s)whose narne(s)is/art TITLES)
subscribed to the within instrument and
acknowledged to me that he/she/they executed PARTNER(S) LIMITED
the same in his/her/their authorized GENERAL
capacity(ies),and that by his/her/their
� .� �. signature(s)on the instrument the person(s)or TRUSATTORNEY-IN-FACT
00k0� the entity upon behalf of which the person(s) GUAR EE N/
t:tbl4Mrl.�tom' acted,executed the instrument. GUARDIAN/CONSERVATOR
NOTAR1'P{�tlt;CJ4t�iilMA OTHER:
CaNTRA `'� WITNESS my hand and official seal,
�1'�u+1.,1 .11A,A'��d.�OGI► , ��„�,,� SIGNER IS REPRESENTING:
(NAM OF PERSON(S)OR ENTITYMS))
SIGN aF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Typd of Document (;4allow"
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
reattachment of this form
INSTRUCTIONS TO NOTARY
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. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must Fe signs -exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
t eau orhy to sign or an Jn t e partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should a signR 15y two officers,one from each of the following two groups:
GROUP I. (a)The Chair of the Board
(b)The President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
d 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 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."
JC:mw
O:1GrpDat"naSvr.TormelwOR1)FORMSIALL PURPOSE NOTARY.doc
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EXPLANATION:
r, TOTAL
DEPOST
D"m*con"of*to fcaNcrivic,�
COIN and CURjt&4cY r
CHECKS,Mit.,ETC S ' ,
BANK DEPOSITS $
MR AUDITOR-CONTROLLER USE'ONLY
DEPOST
PERA4IT DP �."
NUMOER
DATE
ASSONM
The camountWintb i6 !asp is# r �5 oaf*bow a mt is
County wry. wend, itece+ipf Of cri5ovie omasum is hereby
t bar it
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Cotv
D-34 REV.(7-93) YY
TMMM
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0649-9655 / 8310000: G1137238, $5,954.00, Scab 8744, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000. G1137239, $13.152.00, Sub 8773, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: G1137240, $23,934.00, RA 1151, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: G1137241, $7,248.00, Sub 8778, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: 01137242, $6,866.00, Sub 8777, , Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: G1137243, $7.630.00, Sub 8776, Landscape Plan
Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San
Ramon, CA 94583
0649-9665 / 8310000: G1137245, $34,600.00, DA0028, Inspection Fee
Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon,
CA 94583
0649-9665 / 8310000: G1137247, $3,500. FS 04000004-6183PV, Fee
for Service, Ryder Companies, 1425 Treat Blvd., Walnut Creek, CA 94597
0649-9665 / 8310000: G1137251, $19.340.00, Sub 8738, Inspection fee
Deposit, Davvi Development, LLC, 18 hillside Ct., Berkeley, CA 94704
0649-9665 / 8310000: G1137256, $758.75, MS 01-00018, Inspection, Clyde
Miles Construction Co. Inc. 2201 Harbor St. suite: E, Pittsburg, CA 94565
0649-9665 18310000: G1137257, $3,621.20, MS 02-0007, Improvement
Flan Check, Cathryn M. Richard, 1630 N. Main St. #450, Walnut Creek, CA
94596
0649-9665 1 8310000: 61137259, $15,000.00, DA 0035, Drainage Review,
No Improvement Plans, Shapell Industries of Northern California, 100 N.
Milpitas Blvd, Milpitas, CA 95035
819800,-0800: G1137244, $6,900.00, DA0028, Cash Bond, Windemere BLC
Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583
819800-0800. G1137250, $3521.31, Sub 8738, Performance Cash Bond,
Davvi Development, LLC, 18 Hillside Ct., Berkeley, CA 94704
819800-0800: 61137252, $700.00, MS 3-00, Performance Cash Bond, Gene
R. Schmidt, Inc., 940 Reliz Station Lane, Lafayette, CA 94549
821600-0800: G1138123, $19,127.00, Sub 7976, SCC Dough Valley S. Reg,
Fairfield San Ramon LLC, 5510 Morehouse Dr. Ste 200, San Diego, CA 92121
. , 3110104 OLD REP$42 8738
Tax Collector's office William J.Poilacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building,Room 100
P.0. Bax 631 (��`` Russell V.Watts
Martinez, Caldornia 04553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)648-4122 County Joslyn Mitchell
(925)648-4135 FAX Tax Operations Supervisor
Date: 3110/2004
IF THIS TRACT IS NOT FILED PRIOR TO THE GATE TAXES ARE OPEN FOR
COLLECTION (RBST CODE 2608) THIS LETTER IS VOID.
This will certify that l have examined the map of the proposed subdivision entitled`
Tract 1 MS# City T.R.A.
$738 MARTINEZ 76051
Parcel#: 159-170-029-7
and have determined from the official tax records that there are no unpaid County taxes heretofore
levied on the property included in the map.
The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which
became a lien on the first day of January, 2004 is $8,400.00
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
The amount calculated is void 45 days from the date of this letter, unless this letter
is accompanied with security approved by the Contra Costa County Tax Collector
Subdivision band must be presented to the County Tax Collector for review,and a roval of
a4equacy of secure dor to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasurer-Tax Collector
r
By.
County of Contra Costa
Deposit Permit
Office of County Auditor-Controller
Martinez, California
To the Treasurer
Received From
TREASURER TAX COLLECTOR organization Number 0015
(Organization)
626 COURT ST. RM 100
Martinez, Ca. 94553
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
Description Fund/or Sub Acct Task option Activity Amount
SUBDIVISION TAX GUARANTEE 810900 0800 $8,400.00
RETE REUI B "CONTRA Total
, ► �. ...:..... r4t4 ::.,,. Deposit $8,400.00
SUBDIVISION TAX GUARANTEE TRACT/ MS 8738 Deposit consists of the following Items
USE To PAY TAXES 2004-2005 COIN and CURRENCY $
DAVE MARGEN CHECKS,M.O.,Etc.
DAVNI DEVELOPMENT, LLC SANK DEPOSITS $
18 HILLSIDE CT FOR AUDITOR-CONTROLLER USE ONLY
BERKELEY CA. 94704 DEPOSIT PERMIT NUMBER AND DAVE ASSIGNED:
510-514-5478
OP# 421163 MAR t:6'
MATE 0319 6104
The amo nt o oney described above Is for Deposit Into Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
the Cau ty Tr Bury. approved.
March 16,2004
Signe Date-
C
Julie Co +t
Signed
� 7
Deputy Count Auditor 2!puty County Treasurer
0-34 Rev.(6101)JAC
OGAL
Subdivision: 9738
B[}rid No.: 174010
TWO YEAR PREMIUM: $5,292.00
.[IY PROVEMElvT SECUR.UY BOIL
FoR S[TBIIIr sto.V'.A.GREEymT
(Performance,Guarantee and Payment)
(California Government Cade§§ 66499 -661499.10)
1. 1EctTAL of Sttntixvtstort Aott F—MEN : The developer(principal)has executed a subdivision agreement
with. the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision 9739 .as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreemennt,all m accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or,parcel map for said
subdivision.
2. 0 3LtGd,JQN; DAVNI DEVELOPMENT, LLC as principal and
AMERICAN CONTRACTORS INDEMNITY COMPANY a co on organized and
existing under the laws of the State of CALIFORNIA and authorized to transact surety
business in California, as surety, hereby jointly and severally bund ourselves, our heirs, executors,
administrators,successors and assigns to the County of Contra Costa,California to pay as fellows:
A. Performance and Guarantee; THREE HUNDRED FIFTY TWO THOUSAND ONE HUNDRED THIRTY NINE 00/100'S
Dollars($ 352,139.a0--__ _.__-__._ _ __ for Contra.Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment; ONE HUNDRED SEVENTY SIX THOUSAND SIXTY NINE 50/100's-------—----------- Dollars
($ 176,069.50- 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 Cade of the State of
California_
3. CUNDMO'
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal,
or principal's heirs,executers, administrators,successors or assigns, shall in all things stand to and
abide by and well and truly beep and perform the covenants, conditions and provisions in the said
g.eement 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
,nielit and meaning and shall indemnify and save harmless the County of Contra Costa(or city
sasignee) 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 reasonable casts,expenses and fees, including reasonable attorneys 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.t.) above, is such that said principal and the
undersigned, as corporate surety, axe 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 subdivision agreement and referred to in the aforesaid Civil Cade, for materials
furnished, labor of any kind, or for amounts due under the Unemployment hisdance Act with
respect to such work or labor and that said mwety will;pay the same in an amount not exceeding the
amount herein above set forth and also,incase skit is brought upon this bond,will pay,in addition
to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attomeYs 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
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 ofDivision 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 became
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 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 provisions of California Civil Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNET?AND ST7Ai. D—on APRIL 1, 2004
PRINCIPAL- DAVNI DEVELOPMENT LLC StIRE'ITy: AMERICAN CONTRACTORS INDEMNITY COMPANY
Address: 18 HILLSIDE COURT Atldrgs: 242 E. AIRPORT DRIVE, SUITE 104
Ci BERKELEY, CA Zip: 94704 City: 5 ERNARDINO, CA ip: 32408
ty:
By: By
Print Name: OULIA B. LEONARD
Print Name:
Title: -'7 'j e,0 e k J ?/*'�m✓L-cj Title: Attorney-in-Fact
1D:mw.laP
(,,%CtrpDamlEn1svo\F*t=\BN WOPJ3\SN-12.dnc
Rev.November 28,20011
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of RIVERSIDE
On APR 1 2004 before me, S.L. KYSETH,NOTARY PUBLIC
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared JULIA B. LEONARD, ATTORNEY IN FACT
Name(s)of Signer(s)
personally known to me -OR- ❑ 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
S.L 0SEM_ signature(s) on the instrument the persons), or the entity upon
C0171mbdon#1274MI behalf of which the person(s) acted, executed the instrument.
WCcrnm.A 10 N SOP WITNESS my hand and official seal.
pnatu otary Public
---- ... ---OPTIONAL-....v---------_-____..�_._�_.w
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 Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
❑ Titles(s): ❑ Title(s):
❑ Partner-❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
Thumb here umb e❑ Other: ❑ Other: lhere
Signer Is Representing: Signer Is Representing:
BD-1133 09/00
BOND N0. 174010
American Contractors Indemnity Company
Los Angeles, California
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That AzNIERICAN CONTRACTORS INDEMNITY COWANY, a California Corporation
(the"Company") and having its principal office in Los Angeles,California does hereby constitute and appoint:
Mark N. Gl.adding, Kenneth A. Coate, Julia B. Leonard
as its true and lawful Attorneys)-in-fact,in amount of$ 500.000.00 ,to execute, seal and deliver for and on its behalf as surety,any
and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are.or may
be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance
of these presents,shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY,as fully and amply,to all
intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board
of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on the 6th day of Decezrib-i, 1990,
RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,
shall have power and authority.
1.To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company,and attach the Seal of the Company
thereto;bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and,
2.To remove,at any time,any such Attorney-in-fact and revoke the authority given.
r•
RESOLVED FURTHER,that the signature of such officers and the seal of the Company may be affixed to iny'sicch power of attorney or
any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall
be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officer this 1st day of ,Ianu KY 2000
CTak¢r AMERICAN CONTRACTO S E MPANY
lNC4RPNO D - By:—
SEPT 26,15" a Andy Faust,President
STATE OF CALIFORNIAp'
COUNTY OF LOS ANGELES
On JaIIuary 1. 2000 before me, Dthuxb Reese , personally appeared Andy Faust
personally known to me 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,or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal. DeSO AN R=
_ Commission# 1205480 z
-„ Notary Public----C .titomio i
,(✓n �JLou Angeles County
Uvy t La's✓'- {.. MY Comm.6vklas k:r{7d.�XS3
_ CERTIFICATION
I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit,and the copy of the resolution adopted by the Beard of Directors of said Company
as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are
correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full
force and effect.
IN TESTIMONY WHEREOF,I have hereunto set my hand this_ __1 sT day of APRIL 2004
James H.Ferguson,Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of OPTIONAL SECTION
County of 9"`` ��=► i CAPACITY CLAIMED BY SIGNER
on. !l_"_'" before me, Nil W 0 NZ, �`) Nb"C Though statute does not require the Notary to rill in
DATE NAME,TITLE OF OFFICER iIG.,'1ANEDOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
personally appeared VAML`�r hkwo NI IAO EL4 ; persons relying on the document.
NAME(s)OF SIGNERS) INDIVIDUAL
personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S)
be the person(s)whose name(s)islare TITLF(S)
subscribed to the within instrument and
acknowledged to me that helsheAhey executed PARTNER(S) LIMITED
the same in his/her/their authorized GENERAL
capacity(ics),and that by his/her/their ATTORNEY-N-FACT
MAY A signature(s)on the instrument the person(s)or T RUSTEE(S)
JWMk#142t}3@q the entity upon behalf of which the person(s) TRUSTEE(S)
WNOZTARy FCB CAI{ acted,executed the instrument.
TRA COSTA C(7tJMY� OTHER:
M.EV` MAY?l+,2W7 4 WITNESS my hand and official seal,
SIGNER IS REPRESENTING:
*yr (NAME OF PERSON(S)OR ENTITY(IES)l
IJ SGNA NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document 1f)1P"V8'YWM
TO THE DOCUMENT AT RIGHT, Number of Pages Ll
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 Flamed Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
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.
1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exact y as it is typed or printed.
iI. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
the au orlty to sign or an ut a partnership.
IV. SIGNATURES FOR CORPORATIONS
ocuments slioula 6e signs Y two o icers,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
b An Assistant Secretary
c The Chief Financial Officer
d 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 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."
IC;mw
GACkpDeta%ngSvrkYormsMORD FORMMALL PURPOSE NOTARY.daa
Ite4' 3�tJ