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MINUTES - 03252003 - C1-C4
TO: BOARD OF SUPERVISORS '` FROM: MAURICE M. SHIU, PUBLIC WORMS DIRECTOR DATE: March 25, 2003 SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to Execute an Amendment for Real Property Services between the County of Contra Costa and Burchard & Rinehart for the State Route 4 East, Railroad Avenue to Loveridge Road -Project, Pittsburg Area (District V) Project No.: 4660-6X4237 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION APPROVE and AUTHORIZE the Public Works Director, or designee, to execute, on behalf of Contra Costa County an Amendment for Real Property Services with Burchard & Rinehart in the amount of $50,0001 for a new maximum payment limit of $125,000 and extending the completion date from June 15, 2002 to December 31, 2004 for appraisal and expert witness services in connection with the State Route 4 East, Railroad Avenue to Loveridge Road Project. 11. FiSnalImpart: Payments under this contract are covered from funding by the Contra Costa Transportation Authority (CCTA). Costs will be charged directly to the project. Ill. Reasons for Recommendations ante.Background: Burchard & Rinehart has provided appraisal services for the State Route 4 East Project in the past. County staff members wish to continue retaining the professional services of this firm because of its current involvement, reliable performance and experience in appraisal of the type of parcels involved. The County would be unable to retain the services necessary to complete the assigned project in a timely manner. Continued on Attachment:— SIGNATURE: —&a ECOMMENDAT#ON OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE °!APPROVE --OTHER SIGNATURES ; ACTION Of B0?(RA ON t 2003 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS Rx UNANIMOUS (ABSENT one } I hereby certify that this is a true and correct AYES: NOES: ABSENT: ABSTAIN: copy of an action taken and entered on the DISTRICT III SEAT VACANT minutes of the Board of Supervisors on the )ard amendment_4287.doc date shown. Orig.Div: Public Works(Rif') Contact: D.Murdock(313-2168) ATTESTED:_MARCH 25, 2003 cc: County Administrator JOHN SWEETEN, Clerk of the Board of Auditor-Controller(via R/P) Supervisors and County Administrator P.W.Accounting Board Orders Senior Clerk,Adm. By — — Deputy .................................................................................................................................................................................. ............................................................................................. CONTRA COSTA COUNTY 255 Glacier Drive Martinez, California 94553 AMENDMENT TO AGREEEMENT FOR REAL PROPERTY SERVICES I EFFECTIVE DATE AND PARTIES. Effective on June 15, 2002, Contra Costa County (herein called "PUBLIC AGENCY"), and Burchard & Rinehart, formally known as Roland H. Burchard & Assoc., (herein called "CONSULTANT") mutually agree as follows: 2. PURPOSE. The parties desire to amend the contract they entered into effective June 15, 2001, entitled "Agreement for Real Property Services", to provide additional payment and additional time for added work furnished to the Public Agency. 3. AMENDMENT. Said agreement is hereby amended as follows: 1.d. Completion date: Change from "June 15, 2002 to December 31, 2004.11 1.e. Payment Limit: Increase the payment limit by$50,000 for a new maximum payment limit of$125,000. 4. EFFECT.. Except for the amendment agreed to herein, said contract remains in full force and effect. IN WITNESS WHEREOF, this Agreement has been executed, in triplicate by and on behalf of the parties hereto, the day and year first above written. Contra Costa County Consultant - Burchard & Rinehart---� By By Maurice M. Shiu Ro�and H. Burchard CfQ Public Works Director Burchard & Rinehart 1350 Treat Blvd. , Suite 280 Walnut Creek, CA 94596 RECOMMENDED FOR APPROVAL: B I,-- rincipal Real Property Agent .................................. ................................ ...... ...... . .. ... .. .............. ...... State of California County of Contra Costa On before me, a D pu Clerk ofthe ABoardmf Supprvisors, Contra Costa County, personally appeared_ AA &AA 0& 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 signature(s)on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. In witness woereof, I have hereunto set my hand the day and year first above written. Signature Deputy Clerk ............... 1 :1111111111{1111I1.111�III11111 � 1111111111111111111 CONTRA COSTA Co Recorder Office STEPHEN L. WEIR Clerk-Recorder Recorded at the request of: DCC-. 200 —0137200-0@ Contra Costa County Public Works Department Wednesday, MAR 26, 2003 09:34:38 Engineering Services Division FRE $0.00 Return to: Tt l Pd $0.00 Nbr-00OI=68 Public Works Department Engineering Services Division 1 r e/RS/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 25,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO, 2003/ 179 SUBJECT: Accepting completion of improvements for Road Improvement Agreement for Road Acceptance 1079(cross-reference Subdivision 7686)and declaring a certain road as a County road for Newport Drive,Byron area. (District III) The Public Works Director having notified this Board that the improvements for Road Acceptance 1079 have been completed as provided in the Road Improvement Agreement with Talisman Realty Group, Inc.,heretofore approved by this Board; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 25, 2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY March 7, 2000 The American Insurance Company PE:cw' G:\GtpData\EngSvc\BO\2003\3-25-03\RA 1079 BO-42.doc 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 on Contact: Rich Lierly(313-2348) CC: Public Works -Accounting the date Shown. -T.Bell,Construction -Maintenance(w/Plat) -T—3-25-04 ATTESTED: MARCH 25, 2003 Recorder(via Clerk),then Records Section CSAA-Cartog JOHN SWEETEN,Clerk of the Board of Supervisors and CHP,c/o Al County Administrator Sheriff-Patrol Div.Commander The American Insurance Co. By ' Deputy One Market Tower,Spear St.Tower ' San Francisco,CA 94111 Hofmann Land Development AKA Talisman Realty Group 1380 Galaxy Way Concord,CA 94520 RESOLUTION NO.2003/ 179 SUBJECT: Accepting completion of improvements for Road Improvement Agreement for Road Acceptance 1079(cross-reference Subdivision 7686)and declaring a certain road as a County road for Newport Drive,Byron area. (District III) DATE: March 25, 2003 PAGE: 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for$444,000.00, Bond No. 11119463518 issued by The American Insurance Company be RETAINED for the six month lien guarantee period until September 25, 2003, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Newport Drive,the hereinafter described road,as shown and dedicated for public use on the Final Map of Subdivision 7686 filed March 23,2000, in Book 418 of Maps at page 26, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a County Road. Road Name Read-R/W Widths Road No. System Lengths{Miles) Newport Drive varies 30'/55' to 9357BN CR 0.46 35'/60' BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $8,900.00 cash deposit (Auditor's Deposit Permit No. dated 342681, dated December 22, 1999)made by Talisman Realty Group,Inc.,and the performance/maintenance surety for $879.100.00, Bond No. 11119463518, issued by The American Insurance Company, be RETAINED pursuant to the requirements of Section 94-4:4€16 of the Ordinance Code until released by this Board. RESOLUTION NO. 2003/179 ROAD IMEROVEMMT AMEF201 Developer: TALISMAN REALTY GROUT' INC. Effective Date: Development: DISCOVERY BAY WEST (S(Ab d iytsion 7486) Completion Period: i year Road: NEWPORT DRIVE (RA-1079) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: �C iTRA COSTA COUNTY 2EY L-Q ER J.Michael Walford,Public Works Director TALISMAN REALTY GROUP INC. By: td�mrwe> , tw�"t,> e�tutt) A.T. SHAW, PRESIDENT RECOMMENDED FUR APPROVAL By: (:Sgnsncrel Engineering Services Division tpsim swne k stla) FORM APPROVED: Victor J.Westman,County Counsel (Nt7i'E: All sigsuats�res to be sctawwlscl�ed If Subdivider u incorp+srat4 sfgaaaues must conform with the desigastsct tepresen ve groups pusYnaut to Cosawntiom Code 5313.) 1. PARTES&DATE.Effective on the above date,the County of Contra frosts,California,hereinafter called"County,"and the above-mentioned v To mutually promise and agree as follows concerning this development: 2. SIPROV0�. Developer 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 development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal of superior to the requirements ofthe County Orditte=Code and rulings trade thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter mfoirements shall govem. 3. IMPRO4/BMENT SECURITY. Upon executing ties Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: - A. For Performance and Guarantee: s S.900.00 cash,plus additional security,in the amourg $ 8 7 9,100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form off kash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year aft#r its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. EU Pavtnent; Security in the amount of$-4-4-4—L0--0-0---0O which is fifty percent(S4"lo)of the estimated cost of the work. Such security is presented in the form of: i Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or futtnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S944.406 and S94-4.409 of the Ordinance Code. 4. C:3_A_&NM AND WARRAN't"Y 4F_W 4RK Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6, "Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. AM 0 t The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County mad system. 5. PLANT ESTARISJUNM'WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist ofadequately watering plants,replacing unsuitabie plants,doing weed,rodent and other pest control and other work deterrtuned by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. O PPLO EMENT Pr AN WARRAM rY. Developer warrants the improvement plAns for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. ?. O WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by arty officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stoppedfrom bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY; Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The inderrurities benefitted and protected by this promise are the County, and its special district, elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. N= ditions: 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 specifications)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERF'OEMANCE AMID COS S:If Developer 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 Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. it. TNCOR-P ILA ON/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development isincludedin territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shalt fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONS1DE1tATION, Inconsideration hereof: ' (Check applicable section(s)) " --L County shall allow Developer to obtain building permits for said development,assuming it hilly complies with other applicable regulations. I County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RLnnw WQfpiDM\EngSvcVor=\AG wORMAG-24.doc Rev.Pebraary 4,1999 ...I..''.............................................................................................................................................. ..................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) SS County of Contra Costa On 1/20/00, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, 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(s), or the entity on behalf of which the person(s) acted, executed the instrument. ELIZABETH A. STAGNER r� — WITNESS my hand and official sea[ COMM. 1166827 N0WVPtMM-CALjF0MtA * CONTRA COSTA COUNT) M',Y Comm.Expwea Jan2002 Signature (Seal) Name of Document: Newport Drive—Road Improvement Agreement Date: February 15, 2000 Number of Pages: 2 r ACTION BY THE BOARD OF DIRECTORS OF TALISMAN REALTY GROUP, INC. BY WRITTENCONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Talisman Realty Group, Inc., a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution. RESOLVED, that the corporation authorizes A.T. Shaw to be the sole signator for the execution of any and pll subdivision maps for the corporation. This consent is executed pursuant to section 307, subdivision {b} of the California Corporations Code which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: July 28, 1999 Kenneth H. o:m n, Director 't ° ,,,e ,e 9 - lbert T. Shaw, D or .•f Dennis M. Drew, Director + 1 4 I 10 , Band: 11119463518 PREMIUM: $7,912.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code§§ 66499- 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on,or along NEWORT DRIVE (RA1079) to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMEWT 2. OBLIGATION: - .as PiirLipal,and THE AMERICAN INSURANCE COMPANY ,a corporation organized existing under the laws of the State of Nebraska - ---------------, and authorized to transact surety business in California,as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa,California to pay it: A. Performance. EIGHT HUNDRED SEVENTY NINE THOUSAND ONE HUNDRED AND NO CENTS Dollars($ 879,100.00 )for itself or any city assignee under the above County Read Improvement Agreement,plus B. Payments POUR HUNDRED FORTY FOUR THOUSAND AND NO CENTS Dollars($ 444,000.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil'Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded 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 riieaning, 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. y B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Mosta and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreementand 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 attorneys fees, incurred by County(or city assignee)in 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 1 (commencing with Section 3082)of fart 4 of Division 3 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in fall farce and effect. C. No alteration of said Road Improvement Agreement or any plant or specification of'said work agreed to by the Principal and the County shall relieve any Surety from liability on this band;and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the previsions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED'AND SEALED: The undersigned executed this document on February 15, 2000 TALISMAN REALTY GROUP, INC, PRINCIPAL: DDA: HOFMANN* LAND DEVELOPMENT SURETY: THE AMERICAN INSURANCE COMPANY Address: 13813 GAUM wAy, P.O. BOX 758 Address: One Market Tow Spear St Tower City: CONCO", CA 9 522 City: an Fr n Isco, 94111 By: r < y Gf f .By: A.T. SLAW K een Bryant Print Name: Print blame: Title: PRESIDENT Title: Attorney-in.-Fact :mW X5PWSllSHARDATA'CMDatw%ngSvctFomuWN WORMN-9.doe Rev.June 17,1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa Can February 15, 2000 before me, Bernice Elizabeth ONeal, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal ERNIGE ELIZABETH ONEA 19 COMM, lj8R79 NOTMPMIC-Gh1 IFORMlq ' CONTRA OOSTA COUNTY — la Carom, iros Jugs t t. rrrrrrrrrr�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� OPTIONAL rrrrrrr:rrrrrrrrsrrrrrrrrrrrrrrrr*rrrrrrrr:r■rrrrrrrrrrrrrrrrrrrrrrrrrrr� Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-,Fact SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY FIREMAN'S FUND INSURANCE COMPANY' •NATIONAL SURETY CORPORA' } ASS a Eb INDEMNITY CORPORATION TFIF AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY.a California corporstio%NATIONAL SURETY CORPORATION, an €tIW4 corporation, THE AMERICAN INSURA€VCE COMPANY, a Now 3eMy corporation mdomesticated is Ntbraska, ASSOCIATED INDEMNITY CORPORATION; a California oupototion, sod AMERICAN AUTOMOBILE INSURANCE COMPANY. a Missouri corporation. (herela collectively called"the Compaa'al does each hereby appotat JAMES C. JENKINS a KATHLEEN BRYANT s CONCORD CA their true sad lawful Atlorney(s}-In-Fac4 with full power of authority hereby conferred in their name,place and stead,to execute,seal.acknowledge and deliver any and all bonds,undertakings,recogtizances or other written obligations in the nature thereof ......_.,»..--------------..,...,„,,,„ „,,,,_,,,„,,,,,,,,,,_„„,„,,,—,„—,,,,,_,,,,,,.-- sad to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seats of the Companies and duty attested by the Companies"'S=Ctary,htf0by ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Ibis power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect This power of attomey is sued sad sealed under the authority of the following Resolutfas adopted by the Board-or Directors of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNflY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a tmetting drily called and held,or by written consent,on the 19th day of March,1943,and said Resolution has not been amended or mpealc& "RESOLVED.that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,sad the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on say certificate relating thereto,by facsimile and any power of attorney,say revocation of any power of.attorney,or certificate bearing such facsimile Signature or facsimile scat shalt be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their ''tae-President, and their corporate-seals to be hereunto affixed this 25th dayof Septamb.-r :_jqqS.._. F€REMS FUND INSURANCE COMPANY AIN'TIONALSURETY CORPORATION • . '` THEAMHRICAN INSURANCE COMPANY 10 ASSOCIATED iNDEMNiT V CORPt~"OORATION r',r arlrQrw* 's�.. •`;” t' is `a � tom+ `� AMERIC?kN AUTOMOBILE INSURANCE COMPANY K•e,.+�. lu #ter CC r p By STATE OF CALIFORNIA COUNTY OF MAIN Che tdtis day of ez� ¢� �± ,before etre persons€ly eame M.A Maiiduee w me knows,wbo,btsiag by ate dtr#y ttwaan, mr d say: s�tsaa �tttfr�des+xib�is xrad wv#icdttatt;!teat hC iurowa the setts o€it said.. . i� the seals affuced k►the said iaattutrreat art suiCb txtmpaay saels:tlr�they were ao aflixtd by otdCr of the Bwrrd of Ditodots of said otsmpanies tend that he td ITIS name thereto by Tike order IN W€INSSSi WHERFXW,I have hemtknto met my ItW and affixed my of ial sed.,the day and year herein first above written. L OC:1sNIPtO CAktltOiiSSkk'I 0 116=6 Npfcxy PcltN�c•C.�ittxrtia, MOM County WC4rtM9XP1WNM28,2001 Now"t3btk CER'iMC..AT E STATE OFCALIFORNIA ss. COUNTY OF MARIN $the andenknA ResWent Assistant S=WAFY of CoCh CoMpW.LOCO HEREBY CERTIFY that the fameoing and attached POWER OF A`C€i(3may remains in fust force and has not beta revokod;and h thamm that Attide VII of the By4owa of each company,and the Resolution of the Board of Diretttrrts;set forth in the power ofAttnnrey, JIM a"In fie. Signed and seated at the County of Matin.Dated flet 15th day of 2000 t .y'!'fir` :. •?t"i � �" �"'w�t Y� •4asr»•`yet t;� �'�a!C e0� '�-CWa3.+�� (ttaidtetAAlii{+atSetTeVry ' 36@784-tt�48 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS County of Contra Costa ) On 1/20/00, Elizabeth A. Stagner, a Notary Public in and for the State of Califomia, personally appeared,A.T. Shaw, 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(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal LIZABETH A. STAGNER It COMM. 19 66827 NOTAAY MIC-CALIM IA CA"A COSTA COUNTN .. Signature : #Y Comm. s,tan 2a.2oa2 (Seal) Name of Document. Newport Drive-- road Improvement Bond Date: February 15, 2000 Number of Pages: 2 IC L7E COUNTY Ate-GAJ'OR f 4 TOTHEiREAS�ER. MARTINE?1 C.A[!FC)RtA 1�age •. of Z REaIM FIS Contra Costa 'County fublic-- Works 450t} •• . C)RbAt�lATlG1N hR31�iER - 255 Glacier Dr. }� Martinez, CA 94553arssi r,1054 DESCRIPTION. f UNQ/OAQ:. TASK' *CTt'V1 y ` ACCAMOUNT' ;- T' . Sub 81.43 Plan Ck 000651 9660.: REV 6L6011. � ,3 18'9., Sub 8143 Monument Ck W 6i.081D_. 2,2801�00 Sub 11 18143 Base Ma 004529 9931 . 6-J0025 . 1,925 tlfl Sub 81.43 Street Light 007394 9895 1�775�22 Sub 8143 Map Ck .Cost ov'er' '000651- 9Fi60 ' A '60068 l 20f,,'44 Pipeline Fran Fee 99 , G / ° Q004n5 ' 9120 31239 51 CRI590-CR1591 000651 ' 966612.E M `61,086',. �0 0 MS980022 Base MapFee . Od4522 :. 6, 0025:. ZSe-Qt3 Sub 8341 Frem Process 000651 6-007 , 9.12 50 r RA1079 Plan Ck Bel 4r609190 RA1079- Prem Rlri ocess x,727.«OC} RA1079' Monut ent Ck I.08IT� 1,.8Ot?i:t3.n ► . RA1079 Street Light 00'7394 9895.' 1 ,531135 Sub 7686 Plan Cis Bal 000651. 9660 RE` 6L0072. 4,001t,66 Sub 7686 .Prem Process _. :6 '9 53 Sub 7686 Monument Ck 6 :081D -:1, 20100 VOIANATIOW TOTAL S �. Eng Svia's. 1012-573-5-105-747. No Voids POSIT 2oo 493. ' 21 • - •_ a�coii�ia#s of't#�e fo�was See Attached for us L Zund. Inf .g.n +Cc*orad CIJRk' t:Y_ ' - ;. :... • ` .. . [ x r BAI DEi OSITS.;.. ## ..= +t FM iI:=C Q-CONTIIUI.iECf USE It:. Y . UL 7 199 D�PQSIT x "' i`Cr! F pit �CE2VtCI DATE E k,.� '�',• f 9 rw MOW of Mofty AsKrOvdabow T &fix.. Tmfttxwr i,;;e Wpt of d6&m&nouri is ery�rawrd �tacb#pt�: Iar ho i'#Y �1! l�N� ICIi ��yy.:•��{ TA u*E1C{7=43) Eng..9V4c8:. teff ' DEp15`I'PRNft7,. . ... j I c F CK3 11€l ! 4R C i13Ri 1 #t J` 1 O C TRAl1R�tw :, MAX �;CARNU� Page .. p f .2. :. ECEMZ FROM �+ n ra::Cpsta Count' Public Works4500 Z$5:G1$cler .,Dr: gartin CA 94553`. . fte�Cbsh r. d;on PMWUOw woComfy MWWW s BuUrm1Qsj.:. i ESGR t /bm ` '..J CCk' TASK , CWTY- AMOUNT 'ub 762q 1s, M 044528 99.31V 6J0025 1 7'251:00 "ub. fi S reef LihtI 'l -007394.. 9895 100731.07 'ub 7 j6p§ fja& kver 00 0,651 9660 R&V 6LOO72 11,864115 ..ttb 76 C s t t}ver 6Lt46.8 7;551;95 rund I 1 8100 080 ? 2.2,100;.00 ru nd 831000 .080b 11L 629,,*62 i ' • r 1 ,111 1 sit # I -f I fj�-j.- ftIjlj -t4 . 1 � jj r XPtANA'ik ;,. See.-a•ttached for. Trutt Fund Info 'aa`t .on: Deposi3c af3he icw&�g ru CCg1a4.OURRENa KA AtR7 OR CONTMX ER(S9 MY- : ID, Z41- DE ' t AS CxN ' :Y ... .. .w r. - ' ..:' y i -_ !£ ' .. .: -: ._ - -.. ' ...-mo '. -:'• -......I.........................................................................- .............................. Trust Fund 831000-0800 Total$111,629.62 G#1005736$1,894.23 Sub 7475 Map Check Fee,$3,361.02 Sub 7475 Improvement Plan Review,$4,171.76 Sub 7475 Inspection Fee. Denova Homes Inc.,1849 Clayton Road,Concord,CA 94520-2513 0#1005738$1,600.00 MS980007 Minor Subdivison Map Check Fee,Danville Blvd.,Engr.Job#94134, DeBolt Civil Engr.,Received from:Dolores Volz,2695 Danville Blvd.,Alamo,CA 94507 G#1005739$500.00 RS2449 Record of Survey Map Check Fee Deposit,St Mary's Road APN 236-090- 009,Gary A.Worsham,590 Lennon Ln.,Walnut Creek,CA 94598 G#1005740$500.00 RS2448 Record of Survey Map Check Fee Deposit,El Pintado,Danville,APN 197- 150-0011,Kwang Kim,220C-1 Alamo Plan,Alamo,CA 91507 G#1005741$500.00 RS2447,Record of Survey Map Check Deposit,El Toyonal,Orinda,APN 264-190- 008,022,013;012,Kobra Seggler,94 El Toyonal,Orinda,CA 94563-2228 0#1005742$500.00 RS2450 Record of Survey Map Check Fee Deposit,Engr.Job#98092,Bellecci and Assoc.Wright Ave.,Richmond. Received from:Levin Richmond Terminal,402 Wright Ave.,Richmond, CA 949,04-3532 G#1005744$32,539.72 Sub 8143 Inspection Deposit,Tax ID 69-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord,CA 94522 0#1005745$25,993.39 Sub 7686 Inspection Deposit,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord,CA 94522 G#1005746$38,244.50 RA1079,Inspection Deposit,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO 1 Box 758,Concord,CA 945220 G#1005747$1,825.00 Sub 8341,Plan Review Deposit,Talisman Realty Group,Inc,PO Box 758,Concord, CA 94522(Tax ID not written on receipt) Trust Fund 819800-0800 Total$22,100.00 G#1005744'$7,400.00 Cash Bond Sub 8143,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758, Coneord,CA 94522 0#1005745$5,800.00 Cash Bond Sub 7686,Tax ID 68-0419482,Talisman Realty Group,Inc,,PO Box 758,Concord,CA 94522 G#1005746$8,900.00 Cash Bond RA1079,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758, Concord,CA 94522 ............ .........- ........................ CONTRA COSTA Co Recorder Office Recorded at the request of* STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2003-0137201-00 Public Works Department Wednesday, MAR 26, 2003 09:34:44 Engineering Services Division FRE $0.00 Return to: Public Works Department Tt 1 Pd $0,00 Nbr-0001390869 Engineering Services Division 1 r e/R9/1—2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 25, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/ 180 SUBJECT: Accepting completion of improvements for Road Improvement Agreement for Road Acceptance 1080(cross-reference Subdivision 7686)and declaring a certain road as a County road for Bixler Road,Byron area. (District III) The Public Works Director having notified this Board that the improvements for Road Acceptance 1080 have been completed as provided in the Road Improvement Agreement with Talisman Realty Group,Inc,heretofore approved by this Board; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 25, 2003, thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY March 7, 2000 The American Insurance Company PE:cw I hereby certify that this is a true and correct copy of an action G:iGrpDatalEngSvelBO\200313-25-031RA 1080$0-42.doe Originator:Public Works(ES) taken and entered on the minutes of the Board of Supervisors on Contact: Rich L,ierly(313-2348) the date shown. cc: Public works -Accounting -T.Bell,Construction -Maintenance(w/Plat) 3-25-04ATTESTED: MARCH 25, 2003 Recorder(via Clerk),thenhen Recordsrds Section -- CSAA-Cartog JOHN SWEETEN,Clerk of the Board of Supervisors and CHP,c/o Al County Administrator Sheriff-Patrol Div.Commander The American insurance Co. One Market Tower,Spear St.Tower By ,Deputy San Francisco,CA 94111 Hoffmann Land Development aka Talisman Realty Group 1380 Galaxy Way Concord,CA 94520 RESOLUTION NO.2003/1 180 ............................................................................................I............................................................................................. SUBJECT: Accepting completion of improvements for Road Improvement Agreement for Road Acceptance 1080(cross-reference Subdivision 7686)and declaring a certain road as a County road for Bixler Road,Byron area. (District III) DATE: March 25, 2003 PAGE: 2 BE IT FURTHER RESOLVED the payment(labor and materials)surety for$535,200.00, Bond No. 11119463567 issued by The American Insurance Company be RETAINED for the six month lien guarantee period until September 25, 2003, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening of Bixler Road is ACCEPTED and DECLARED to be a County road;the right of way was conveyed by separate instrument,recorded on March 23, 2000,in Book 418 of Maps on page 26. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$10,700.00 cash deposit(Auditor's Deposit Permit No.344117,dated January 24, 2000) made by Talisman Realty Group, Inc., and the performance/maintenance surety for $1,059,700.00, Bond No. 11119463567 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOLUTION NO. 2003/180 .......... .......... 10 )ROAD IMPROVEMENT AGREEMENT ' Road tY.—er Developer: t 1 SYY1 n� Effective©ate: Development: Completion Period: THESE SIGNATURES ATTEST TO THE PARTIES,AGREEMENT HERETO: CONTRA>Ct}=COUNTY DEVE!OPE (Name and Title) J.MichaelWatford Public'Works Director By; Engineering Se do FOSM APPROVED: Victor J.Westman, County Counsel (NOTE: All signatures to be acknowledged. If Subdivider Is In- corporated, signatures must conform with the designated repre- sentative groups pursuant to Corporations Code$313.) 1. Effective on the above date,the County of Contra Costs, California, hereinafter railed"Cc}�Mv,0 and the above-me�� o mutually promise and agree as follows eonreming this devebpment V{J4�1i�. 2. +1eIez/E=, I. Developer agrees to Install certain road Improvements(both public and private),drainage Improvements,signs, so"ligi ft Are nydirants,landec aping,and such other Improvements#including appurtenant equipment)as required In the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and In conformance with the Contra Costa County Ordinance Code(Including future amendments thereto). Developer shall complete said work and improvements(hereinafter called'work")within the above completion period from date hereof In a good worianarmiti a 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 conf tat between the Improvement plans and the County Ordnance Code,the stricter requirements shall govern. 3. %lPRt3ttEitt ENT SECURITY. Upon awAng this Agreement,the Develop"shall,pursuant to the County Ordinance Code,provide as security to the County: total one hun� pd Quprantee: $ security,in the amount of 1405q which together percent(1 %)of the estim costo the work Such additional security is presented In the form o Cash,certified check or cashiers check Acceptable corporate surety bond. Acceptable Irrevocable tetter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. S. Security In the amount of which is fifty percent(50°x)of the estimated cost of the work. Such security is presented In the form of: Cash,certified check,or cashlees check Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced In accordance with 5944.406 and S94-4.408 of the Ordinance Code. 4. GUARANTgE AND JMRANT, - r WORK Developer guarantees that said VP shalt be free from defects In material or vvorkmarwWp 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 96.4.6,"Acceptance",of the Ordinance Code. Developer 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. WORD Developer agrees to perform establishment work for landscaping installed under this agreement Said plant este work shall consist of adequately watering plans,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 estabishmentwork shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. �IMP g ENT PLAN WARRANTY. Developerwarrante the Improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said Improvement pians prove to be inadequate in any respect, Developer shah make whatever changes are necessary to accomplish the work as promised. y. WAA 1=QV Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or em oyes of the aunty ndloating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of seld work and/or materials,or payments,therefor,or any combination or all of these acts,shah not relieve the Developer of his obligation to NO this agreement as prescribed;not shall the County be thereby be stopped from bringing any action for damages arising from the falle a—to comply with any of the terms and conditions hereof. s. INDEMNITY., Developer shah hold harmless and IndemW the Indemnitees from the tiabiN#ies as defined In this section: A. The"mrildes,benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,of loam,agents,and employees. B. The protected against are any Ilability or claim for damage of any kind allegedly suffered,Incurred or threatened because of actions defin ow,and including personal Injury,death,property damage,inverse condemnation,or any combination of these,and remiss of whether or not such iabity,claim or damage was unforeseeable at any time before the County reviewed said Improvement plans or accepted the work as complete,and lnduding the defense of any stW*),action(s),or other proceeding(s)concemtnfl said liabilities and claims. C. The ladons SausIw are any act or*mission(negligent or non-negVent)in connection with the matters oovered by this Agreement and attributable,to the Developer,contractor,subcontractor,or any offer,agent,or employee of one or more of them; D The promise and agreement in this section are not conditioned or dependent on whether or not any indemnitee has prepared,suppleapproved any plan(s)or speeiflcstion(s)in connection with this work,or has insurance or other Indemnification covering any of these matters,or that the alleged damage resulted partly foam any negligent or wilful misconduct of any indemnity. 9. : Developer shall pay when due,all the costs of the work,including Inspections thereof and relocating existing utilities required thereby. 10. S • If Developer fails to complete the work within the time specified In this Agreement, and subsequent eiderad",ortalis to maintain the work,the County may proceed to complete and/or maintain the work by contractor otherwise, and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engkmeering,Inspection,surveys, contract,overhead,etc.)Immediately upon demand. Developer hereby cornserbto entry on the development property by the County and its forces,Including contractors,In the event the County proceeds to complete and/or maintain the work Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs Incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs Incurred In completing or maintaining the work, Devreloper agrees to pay all attorney's fees,and all other expenses of litigation Incurred by County in connection therewith,even I Developer subsequently proceeds to complete the work. 11. INCORIQRATtC'NIANNEX T�14N. If,before the Board of Supervisors accepts,the work as complete,the development is Included In Wry incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposits bond,or letter of credit securing add rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shah fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDE A$ TION= In consideration hereof: (Check applicable section(s)) County shah allow Developer to obtain building permits for said development,assuming it fust complies with other applicable regulations.. County agrees to accept the road(s)Into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval) g:1EngSvcWGWG:24a(10194) r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS County of Contra Costa ) On 1/20/00, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, 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(s), or the entity on behalf of which the person{s} acted, executed the instrument. WITNESS my hand and official seal --�` ELIZABETH A. STAGNER / COMM, 1,66827 C U( . D1 3 NOT�KJBLIC•CALkFORNiA 10 Signature �1 c mTAC)UNTYM Cos Jett.23,2062 (Seal) Name of Document: Bixier Road — Road Improvement Agreement Date: February 15, 2000 Number of Pages: 2 ACTION BY THE BOARD OF DIRECTORS OF TALISMAN REALTY GROUP, INC. BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Talisman Realty Group, Inc., a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes A.T. Shaw to be the sole signator for the execution of any and all subdivision maps for the corporation. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: July 28, 1999 Kenneth H. o m nn, Director lbert T. Shaw, D for Dennis M. Drew, Director r (59 0 Band: 11119453567 Premium: $9,537.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance,Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on, or along 6"i x e Road to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT ,as Principal,and THE AMERICAN INSURANCE COMPANY ,a corporation organized existing under the laws of the State of Nebraska and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance: ONE MILLION FIFTY NINE THOUSAND SEVEN HUNDRED AND NO/100------- Dollars ($ 1,059,700.00 )for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: FIVE HUNDRED THIRTY FIVE THOUSAND TWO HUNDRED AND NO/100------------ Dollars ($11535,200.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal, his or its heirs,executors,administrators, successors or assigns,shall in all things stand to and abide by, 2nd well and truly keep and perforin 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. TI B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials finnished 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) in 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 3082) of Part 4 of Division 3 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the 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 Road Improvement 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 without 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. 4. SIGNED AND SEALED: The undersigned executed this document on February 15, 2000 TALISMAN REALTY GROUP, INC. DBA: PRINCIPAL•HOFMANN LAND DEVELOPMENT SURETY: THE AMERICAN INSURANCE COMPANY 1380 Galaxy flay One Market Plaza, Spear St. Tower Address: Address: . City: Concord, CA 94520 City: 'S n Fra sc , CA 11 By: , '1 '' By: Print Name: AIAW Print Name: Kathleen Bryant, Title: 'CSrr� NT Title: Attorney-in-Fact :MW UPWSI\SHARDATA\GrpData\EngSvc\Fo m\BN W0RD\BN-9.doe Rev.June 17,1999 • r � I 1. CALIFORNIA ALT.-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On February 15, 2000 before me, Bernice Elizabeth ONeal, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal BERNICE ELIZABETH 4NEA COMM. 1189793 NOTARY PUBLIC-CALIFORNIA '{y CONTRA COSTA COUNTY •+ My Comm.Expires June 11,2002] rrrrrrrrrrrrrrrrrrrrrrrrrrerrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� OPTIONAL ■rrrrrrrrrrrrrrrerrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY .................................................................................................................................................1.1.1111.11,1111, ..... ................................................................................................................................................................................ ............................................. PIREMAN'S FUND INSURANCE COMPA"Y AS ATED INDEMNITY CORPORATION N4,TIONAL SURETY CORPOR JA THE AMERICAN INSURANCEPMPANY AMERICANA MOBILE INSURANCE COMPANY GENERAL POWER OFATI7ORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New jersey corporation reclomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Attorney(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof -------—--------------—------------------- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Afforney(s)-in-Fac(may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE. COMPANY which provisions are now in full force and effect. This power of attorney is signed and scaled under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March,1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any Power Of attorney,Or On Wily certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shalt be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate seals to be hereunto affixed this 25th day of Se tember 1998 - ow FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION T14E AMERICAN INSURANCE COMPANY 8 Is A 0 ASSOCIATED 1NDEMN11!CORPORA`nON AMERICAN AUTOMOBILE INSURANCE COMPANY We By STATE OF CALIFORNIAss. MuNTY OF Mi I Oat this 25tb da Se a r before me personally came M.A. Mallanee to me known,who,Wag by me y described in and which executed Fe s5-ove 190it—at; theknows the sealsoftbesaid.. duly sworn,M depose and that he is a Vice-President ei compa;ty, Companies;that the seals affixed to the said instrument are such company son1s;that they were so affixed by order of the Bond of Directors of said companies and that he signed W name thereto by like order. IN VMWESS WHEREOF,I have hereunto net my hand and affixed my official seal,the day and year herein first above written. LOCAMPO commwon# 1163726 Notay Pubk-Calitoffla matncou 6WC4nM5VVmf4ov 2001 Notuy ft"Ic P-W CERTWICATE STATE OF CALIFORNIA I COUNTY OF MARIN I,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CEKnFY that the foregoing and attached POWER OF ATTORNEY remains in full force sad has not been revoked;and furthermore that Article V11 of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney, am now in to= Signed am seated at the county of main.Dated the 15th &y of February 2000 K,1 GDir- % OCA ................................ ...................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } ) SS County of Contra Costa } On 1/20/00, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, 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(s), or the entity on behalf of which the person(s) acted, executed the instrument. NER WITNESS m hand and official seal ""'+ ELIZABETH A. 66827 y °" • COMM. 1468827 �► NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY My comm.Expires Jen.23,°21342 Signaturel � (Seal) Name of Document: Bixler Road — Road Improvement Bond Date: February 15, 2000 Number of Pages: 2 . . ..................................................... ............................................................................................................................................. IFFICE OF'COUNty AUDITOR-CONTROLLER 0 THE TREASURER: MARTMZ,CALIFORNIA E+�EEfVEI3�M contra Costa County Public Warks 4500 ORGANIZATION NUMBER ?55 Glacier Or.. f lartinezt CA 94S53- (For Cash Collection Procedures see County Adininistrafaes&Aeon 105.) DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT sale -of Fl ., & 'Specs 004500 9931 REV 6A01.96 17 0{? 4a s Invoice 906577 , 004530 � �/ 6AO026 10;50 Sales Tex 100300 0637 2i2$ r IA1090 Inspect Overa e , 000651 9660 R 6LO85H 39,14I194- eline Fran Fee. 000005 91202:233 40 rraet 7003 Sub A ree Ext, 1 00065.1 9660 REV 6L076B 250100 : . (night :Wtr 950364 007498 9797 6000. 2A1080 f`rem.'Ptocess 000651 9660 ' RE 6LOO72 121704?1'00 1A1080, tr' Li t dee 007354 9895 1:531135 I IA1080 Mont Fee , 000651 9660 RE 6LO81D .,,x'00 p0 Z;A1086 P1an`.,Ck. Fee , v � 6L0072 4,268 r 0EJ' Flood Control. 905872 w w 9105 6LO8j ILO83B 34595 `rust Fund 831000 0800 57,526106 819800 10,700'600 r TOT xPLANATION: � E Icer 104'5689 No Voids osrr .. . , x.30,075.42 Eng Sv . lOC3'6°333.x1006338 No Voids Deposit consift Of the fbIlowing I_".! . 1 0 O19-11307020 No .VoidsCCtlNand CURRENCY $ 18.41 CHECKS,M(XETC. �t 517.---fl.1 See attached forst Fund InortTtation BANK DEPOSITS.,- $ FOR AUDITOR-CONTROLLER USE ONLY . DEPOSIT PERMIT UP D mm344117 -JAN 24,0 . ASSIGNED rhe amowtr of money described above is for, Tmosumes receipt of above amount is approved Receipt of.gbov a amoy.t.is hereby, deposit Wo the County Treosury t1_ 1.141( 0 A3-2344si .t AHet ExT. Deputy.+Gcxmtj+'Treasurer 34 REY(7-03) -Eng Svcs,,, Jeff. D06ra .Azi1e. {2) .: Trust Fund 831000-0800 Total $57,526.06 G#1006689 $51,668.00 RA 1080 Inspection Deposit, Talisman Realty Group, Inc., PO box 758, Concord, CA 94522 G#1006338 $5,858.06 RA1090 Inspection ` s t, ' , (Xref Country Club at Cale Parcel), Shapell Industries of No. Calif., PO Box 361169, Milpitas, CA 95035 Trust Fund 819800-0800 $1.0,700.00 G#1006689 RA:1080 Performance Bond, Talisman Realty group, Inc., PO Box 758, Concord, CA 94522 CONTRA COSTA G4 Recorder Office V' Q�CR �2@O�GIe(�rk-Recorder STERecorded at the request of, — @ 137202-00 Contra Costa County Wodnesday,, MAR 26 Public Works Department FRE $0.0020@3 03.34:50 Engineering services Division fi /� /� 4 y� Return to: 1 t I Pd $O,e r-�1 ©�ti Public works Department Engineering Services Division Ire/RS/1-14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 25, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ASSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 1.81 SUBJECT: Accepting completion of improvements,approving Road Improvement Agreement for warranty period and declaring a certain road as a County road for point of Timber Road for Road Acceptance 1100 (cross-reference Subdivision 8023), Byron area. (District 11T) The Public Works Director having notified this Board that the improvements for Road Acceptance 1100 (cross-reference Subdivision 8023) being developed by Hofinann Land Development Company have been completed and that such improvements have been constructed without the need for a Road Improvement Agreement. The following Road Improvement Agreement with Hofmann Land Development Company was presented for Board approval for the warranty period for Road Acceptance 1100(cross-reference Subdivision 8023). PB:rm/cw I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvc1BO\2003\3-25-01\RA 1100 so-42.doc taken and entered on the minutes of the Beard of Supervisors on Originator: Public Works(ES) the date shown, Contact: Rich Lierly(313-2348) CC: Public Works "Accounting T.Bell,Construction - Maintenance(wtPlat) ATTESTED: MARCH 25, 2003 -T—3-25-04 Recorder(via Clerk),then Records Section JOHN SWEETEN,Clerk of the Board of Supervisors and County CSAA-Cartog Administrator CHP,c/o Al Sheriff-Patrol Div.Corranander xofrn38 LandIlevelopmem By_ '� ✓ Deputy 1380Galaxy Way Concord,CA 94522 St.Paul Foe and Manne Insurance Company 2552 Stanwell Drive Concord,CA 94520 RESOLUTION NO.2003! 181 SUBJECT: Accepting completion of improvements, approving Road:Improvement Agreement for warranty period and declaring a certain road as a County road for Point of Timber Road for Road Acceptance 1100 (cross-reference Subdivision 8023), Byron area. {District III} DATE March 25,2003 PAGE 2 Said document was accompanied by security to guarantee the completed road improvements, as required by Title 9 of the County Ordinance Code, as follows: 1. Cash Bond Performance Amount: $4,800.00 Auditor's Deposit Permit No.DP 401184 Date: February 27, 2003 Submitted by: Hofinann Land Development Taxpayer identification number: 68-0419482 II' Surety Bond Bond Company: St'. Paul Fire and Marine Insurance Co. :bond Number and Date: ST8711,February 12, 2003 Performance/Maintenance Amount: $71,535.00 Labor&.Materials Amount: $238,450.00 Principal: Hofmann Land Development NOW, THEREFORE, IT IS RESOLVED that said Road Improvement Agreement is APPROVED.All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that the improvements have been COMPLETED as of Mph 25,2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY March 25, 2003 St. Paul Fire and Marine Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$238,450.00 Bond No. ST8711,issued by St.Paul Fire and Marine Insurance Company,be RETAINED for the six month lien guarantee period until September 25, 2003, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on File. BE IT FURTHER RESOLVED that the widening of Point of Timber Road is ACCEPTED and DECLARED to be a County road; the right of way was conveyed by separate instruments, recorded on October 6, 1976, in Volume 8044 of Official Records on pages 750, 752 and 754. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$4,800.00 cash deposit(Auditor's Deposit Permit No. 401184,dated February 27, 2003) made by .Hofmann Land Development and the performance/maintenance surety for $71,535.00, Band No. ST8711, issued by St. Paul Fire and Marine Insurance Company, be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOLUTION NO. 2003/181 ROAD IMPROVEMENT AGREEMENT Developer. a7,+rrty#rtZsrft �''f'✓P�e'x'• tin. c+, Effective Date: GG ! Development: "1c3kd1k,sea s>rti X3023 Completion Period: I year Road: /oaf;e7%7* liftl'�sD+aC{ O THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Z7fv%rx?.J� Maurice M.Shiu,Public Works Director -� By: (dS—aie) (print name&title) RE'O ME SIDED VAL By: (:isaatnra3 eering Services Division (print aame&title) ZAK Z;�AA PPO Victor J.Westman,County Counsel (NOTE: All signatures to be mclmowledged. If Subdivider is incotpotakA signatures must . conknn with the designated repmsen"ve groups pursuant toCorporations Code 5313.) 1. PARTIES;&BATF.Effective on the above date;the County of Contra Costa,California,hereinafter called"Quntv."and the above-mentioned D-Cya U mutually promise and agree as follows concerning this development 2 IIvfJ'ROVEMENTS.. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fare hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra,Costa CountyOrdinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in.a good workmanlike maturer,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the CountyOrdinance Code and rulings wade thereunder,and where there is a conflict between the improvement plans'amd the County Ordinance Coda the stricter requirements shall govern. 3. Int+ RQVEME SE,Oj,IItITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Per€o a co and Guarantee. 5 ors cash,plus additional security,in the amount o€$ 7/G which together total one hundred percent(1001/14)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. _._X Acceptable corporate surety bored. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. for Payment: Security in the amount of s 2 80.4/5"D• which is fifty percent(50111*)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check _< Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. 9UA1tA TEE AND WARRANTY Of WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance,"of the Ordinance Code. Developer 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. PLANT ESTABLLSHMNT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work,shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and.outer work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed fora period of one-year from and after the Board of Supervisors accepts the work as complete. G. INPROVE1v1ENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. 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 Developer 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. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County, and its special distrkr;'electiveand 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 o€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),actio n(s),or other proceeding(s)concerning said liabilities and claims. C. The fictions causing liability are any act or omission(negligent or non-negligent)in canFteefionwith the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of than; D. Nun-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 plans)or specificatiaa(s)in connection with this work,or has insurance or other indemnification covering any ofthese matters,or that the alleged damage resulted partly forret any negligent or willful misconduct of any Indemnity. 9. ,COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 14. NL1N PEREQAMANQ AND COSTS:I€Developer fads to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may ptnceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to. engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 1 I. MO PO ATION/dMr RATION if,before the Board of Supervisors accepts the work as complete,the development 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 securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. — County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. — Other(requires County Counsel approval RL-kw G:ftNta\EugSvclFonns4WG WORDIAG-24.doc Rev.Apnl 6,2000 ...........I............................................................................................................................................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State Of cxk'ks�cv( izxkc�,, OPTIONAL SECTION Colony of CAPACITY CLAIMED BY SIGNER Though statute don not require the Notary to fill In O117o 0 before me,' of O�Rol�Ij UC1 the data below,dotag so naprove y pve Invaluable to personally appeared L.a) persons relying on the document. NAMB(S)OFRONER(S) 0 INDIVIDUAL yknown tome-OR-0 proved tormonthe baMeottatistactoryeAdenceto 0 CORPORATE OFMCER(S) be the person(s)whose name(a)fw�tre MMMM subscribed to the within instrument and aclmowltdged to me that helsholthey executed 0 PARTNER(S) 0 LIMITEDthe same in his/her/their authorized 0 GENERAL city(ics),and that by him/their 0 ATTORNEY-IN-FACT 71ot"ANiTELIES- A a)on the instrument the person(g)or 0 TRUSTEE(S) -MM,#1296585 the entity upon beWfof which the person(s) O'ARV >RIC-CALIFORNIA acted,executed the instrument. 0 GUARDIAN/CONSERVATOR ;w'tq Costs Cotill 0 OTHER: My �f1mal Expires March.2M h and o�ial seal, SIGNER IS REPRESENTING: {NAM OF PEPS014M OR ENTITY{MS)} SIGNATIM OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Tide or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent kaudulent Signer(s)Other Than Named Above ro-attachmient of this form IN-SIR K UCTIONS TO NOTARY The following information is provided in an effiart to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. L FII44LA -The name and interest of the signer should be typed or printed BRI&AT11 the signature. The name must be signed exactly as it is typed or printed. H. SL%jAU=FCSZMB9_DUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. Ell. FOR PAI Signing party must be either a general partner or be authorized in writing to have Me authority to sip for and bind the partnership. IV. SIMAJ=FOR=kqUTIM Documents should be signed by two officers,one from each of the following two groups: GROUP 1. Na The Chair of the Board b. The President c c , Any Vice-President GROUP Z. a The,Secretary An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer N signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Boaid of Diredon authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will since. Notarization of only one Corporate signature or signatures from only one group,must contain the following phrase: "...and aelpowledied to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC=W FORMV4M KWOSB NOTARY.&C COUNTY OF CONTRA COSTA DEPOSIT PERMIT CSE OF COUNTY AUD17OR-CONTROLLER TO THE TREASURER: MARTIz.CALIFORNIA RECEIVED FROM ISI ORGANIZATION NUMBER (Far Cosh C0%ch0n Procell s see County A&ilunist, is Bulletin 105.) DESCRIPTION FUNC?IQttG �& TASK ION CT. ACTIVITY AfhOUNi M9. d6 E ` f cr 1 1 ; f 1 1 i 1 i 1 1 i t E t _ E i 1 i 1 E EXPLANATI i TOTAL IS f r Deposit con" the foBvw%Sn9 t CaNandCURRENCY A04 ETC S SANK DEPOSITS $ PO AUDITOR'CONTROLLER USE Ctay DEPOSIT PERMIT Dp 40 DATE " i-N f DATE ASSIGNED The amt of money desc Ud above 1a for Treasurer's receipt of obove amount is deposit into the County T qv"CL e t o Ira a hweby Signed: tA l: t DepGowdy utast+ I?�3d REV.(7.93} ................................................................................................................................................................... ........... 819800-0800, 61115498, $2,5W.00, Cash Bond for Flood Control Permit 617-99, LFR Levine Fricke, 1900 Powell Street, 12'h Floor, Emeryville, CA 94608 819800-0800. 61115500, $1.000.00, SUR 8166 Cash Bond for 5 Year Improvement Warranty Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61115501, $1,000,00, SUB 8167 Cash Bond for 5 Year Improvement Warranty Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 01115502, $4,800.00, RA 1100 Cash Bond for Road Improvement Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 819800-0800. 61115503, 11,000.00, RA 1120 Cash Bond for Road Improvement Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 000649-9665 / 831000. 61115499, Shea Homes (Northern California. Division), 2580 Shea Center Drive, Livermore, CA 94550 $93,260. , SUB 7562 Improvement Plan Review $60,304, , RA 1145 Road Acceptance Review 000682-9752 / 819200. G1115572, 812.170, Dougherty Road Maintenance Fee (CoA), Brookfield Homes, 5960 Inglewood Drive, Suite #200, Pleasanton, CA 94588 .x tf Bond No.. ST8711 Development: a 11 fl Premium:$2,146:00 (CO -refS(Ab gfa23 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance,Guarantee,and Payment) (California Government Code§§66499-66499.10) 1. RECITAL OF ROAD IMPROVrMEE`NT AGREEMENT: The Developer(Principal)has executed an agreement (RoadImprovement Agreement) with the County to install and pay for street, drainage and other improvements on,or along Point Of Timber Road(RAI 1 Cao) ,to complete said work within,the time specified for completion in the Road hnprovement Agreement,all in accordance with State and local laws and'rulings. 2. OBLIGATION: Hofmann Land Development ComeM ,asftincipalarid St.Paul Fire and>Mado insurance Conzmpi corporation organized under the laws of the state of Mid and authorized to transact 'surety business in California, as Surety, hereby jointly and severally hind ourselves, our heirs, executers, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance Seventy Cane Thousand Fiv$�{{t r Thirty Rye enc!rratif2lJtits;«««« Dollars(S 71 u tics«**'« for itselfor any city assignee under the above County Road Improvement Agreement,plus B. payment Two Hundred Thir dyEWM Thousand Four Hundred Fifty and nof100ths•««.. Dollars($, 23SA 00««'""' )to secure the claims to which reference is made in Title 15§§et seq.of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its offieers,;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. __ I _ 11.1.1 _ Gee/ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra'Costa On Februarys 19, 2003, before me, Sandra K. Curran, a Notary Public in and for the State of California, personally appeared,A. T. Shaw, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or the entity on behalf of which the persons(s) acted, executed the instrument. WITNESS my hand and official seal SANDRA K. CURRAN Comm.A 1296679 WARY PUBtic-mwow Signature c ,Costs county my Comm.Expires Mrreh 9..28'16 rrrrriaarrrrrraaarrrrrrrarrrrrarrrrrarrrarrrararrrirrrrarar■*raarrra�rraaararrr Reference: improvement Security Bond for Road Improvement Agreement Bond#ST8711 (Point of Timber Road RAI100) Date: Februarys 19, 2003 Pages: 2 Si.=Peed p'6+e rani�I 'C.carapwe� �htiGed �anwl G�nr�tp Cwnpe� G"rAW bemr "Compaq qty MW u*r ImIlwame Compaq $t PWd Marearrimunwo C mp"y moty awry GUW=kr IWWWWO un&r Whem Inn &esbW48"Cotmrpmr 8A ladMOAW Udday1WWMX*Cempaw7. Bond No. SBL t RMER CONTARWiG DISCLOSURE NO CE OF TERM.OK 4 COVERAGE This disclosure notice is required by the Terrorism Flisk Insurance Act of 2002. No action is required on your part. This Disclosure 'Notice is incorporated in and a part of the attached bond. You should know that, effective November 26, 2002, any losses caused by cerfifted acts of terrorism would be partially reimbursed by the unitedStates under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90°% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on our liability to pay for such losses if the aggregate amount of insured losses under the Act exce8cls $100,000,000,000 during the applicable period for all Insured and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The Mort of your premium that Is attributable to coverage for acts of terrorism is $0. IMPORTANT NOTE: THE COST 4F' TERRORISM COVERAGE IS SUBJECT TO CHANGE ANY BOND THAT PREMIUM IS CHARGED ANNUALLY. SIGNED AND SEALED this _;t #h day of February. , 20:x,. SURETY: [SEAL) St.Paul Fire and Marine Insurance Company Slgnatu' Deborah>Baker,Attorney-In-FaCt POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.. St,Pant Mercury Insurance Company Power ofAtturney Into. 23600 Certificate No. 1528657 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fine and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'),and that the Companies do hereby make, constitute and appoint Matthew J Drt .ght,Deborah Baker,James C.Jenkins,and Michael G.Hogan of the City of Concord ,grate California ' ,their true and iawfuI Attarneytsj-tn-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and Other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertaking!required or psr niitted in any actions or proceedings allowed by law. �v 21g November 2002 IN's 1TNESS WHEREOF,the Companies have caused this'instrumenS"to b"e signed attdsealetlA s day of Seaboard Surety Company -3nited States Fidelity and Guaranty Company St.Paul Fire and Marine Insorftwetompauy Fidelity and Guaranty Insurance Company St Paul Guardian Insnrancb Ctrfnpstty:. Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Co s ]► w.... `ems •YW,,, ��p,p}.~ ry 'S; g�,s O tit flI?7 PETER W.CARMAN,Vice President 4dF`N. war` b1i1,4.}M. `is State of Maryland City of Baltimore THOMAS E.HUIHREGTSE,Assistant Secretary et On this 2l day of November 2002 ,before me,the undersigned officer,personally appeared Peter W.Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St,Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals axed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporationsby themselves as duly authorized officers. In Witness Whereof,I hereunto set my hand and official seal. t �r't)Vr My Commission expires the i st day of July,2006. ����� REBECCA EASLEY-ONOKALA,Notary Public 86203 Rev.7-24112 Printed its U.S.A. ....... .... .... . State of California County of Contra Costa On EgbnIM 13,2003 .before me,Myra J.Hicks personally appeared Deborah Baker. {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 F^ /her/their signature(s)on the instrument the person(s)or the Howl rt � entity upon behalf of which the person(s) acted, executed La the instrument. WITNESS my hand and o ici sell. gna of otary Public ------------------------------------ --------------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 Title or Type of Document:Hofmann Land FB for County of Contra Costa RA l 100 Document Date, 02/12143 Number of Pages: 3 Signers)Other Than Aimed Above: Capacity(ies)claimed by Signer(s) Signer's Name: []Individual []Individual 0 Corporate Officer Q Corporate Officer Title(s): Title(s): ❑Partner-[]Limited QOeneral 0 Partner-QLimited DGeneral [I Attorney-in-Fact ED Attorney-in-Fact ❑Trustee []Trustee 0 Guardian.or Conservator ❑Guardian or Conservator ❑Other: Other: TopatThurabRm Signer is Representing: Signer is Representing:' St.Paul Fire&Marine Ins.Co. Signer's Dame: ......................................