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HomeMy WebLinkAboutMINUTES - 04152003 - C11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2003 by the following vote: AYES: SUPERVISORS GIOIA UILKEMA GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT I T_T '�FAT VACANT RESOLUTION NO. 2003/ 232 SUBJECT: Amending Subdivision Agreement for Subdivision 7267,Lafayette Area.(District II) The following substitute security to guarantee the road and drainage improvements for Subdivision 7267 being developed by Morgan Capital Investment Properties, a California Corporation as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Morgan Capital Investment Properties as principal in the form of a corporate surety bond(Bond No. CAIFSU 0318779 dated March 6,2003) and issued by International Fidelity Insurance Company in the amount of$115,000.00 for faithful performance and $292,450.00 for labor and materials. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on April 20, 1999,is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the existing security bond with ULICO Casualty Company; BE IT FURTHER RESOLVED that the improvement security bond (Bond No. B98016785 dated December 3, 1998)with ULICO Casualty Company is EXONERATED. All deposit permits are on file with the Public Works Department. PE:rm G:\GrpData\EngSvc\BO\2003\4-15-03\SUB 7267 130-23.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Rich Lierly(313-2348) taken and entered on the minutes of the Board of Supervisors cc: Director of Community Development on the date shown. Public Works -Accounting -Construction Morgan Capital Investment Properties 3 Harbor Drive,#303 ATTESTED: APRIL 15, 2003 Sausalito,CA 94965 JOHN SWEETEN Clerk of the Board of Supervisors and International Fidelity Insurance Company � p 3200 Villa Lane County Administrator Napa,CA 94558 ULICO Casualty Company 500 Ygnacio Valley Road,Ste.260 Walnut Creek,CA 94596 By ,Deputy RESOLUTION NO. 2003/ 232 {i: SubdiyjTsn: .7 26 7 Bond No.': B98016785 PREMIUM: $11,582.00 IMPROVEMENT SE BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code SS66499 - 66499.10) 1. RECITAL OF_SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision 7267 , as specified in the Subdivision Agreement,and to complete said work WIWW the «rnc sreciLed �'o: compl, or n the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: MORGAN CAPITAL INVESTMENT PROPERTIES , as Principal, and ULICO CASUALTY COMPANY a corporation organized existing under the laws of the State of DELAWARE and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: FIVE HUNDRED SEVENTY-NINE THOUSAND A. Performance and Guarantee: ONE HUNDRED Dollars ($ 579,100.00 ) for itself or any city assignee under the above County Subdivision Agreement,plus TWO HUNDRED NINETY-TWO THOUSAND B. Payment: FOUR HUNDRED FIFTY Dollars ($ 292,450.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California. 3, CONDITION: A.. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa(or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. e ' ' bli ation as to Section 2. . =e i such that said ' ' Th conditic._ d- this o g (B) _ _ s s aid Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof,costs and reasonable expenses and fees,including reasonable attorney's fees, incurred by County (or city assignee) 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, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration with further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on DECEMBER 3, 1998 MORGAN CAPITAL PRINCIPAL: INVESTMENT PROPERTIES SURETY:ULICO CASUALTY COMPANY Address: THREE _HARBOR DRIVE, STE 303 Address: 500 YGNACIO VALLEY RD, STE 260 City: SAUSALITO Zip: 94965-2943 City: Zip: 4S c By: . dc-7By: Print Name: LEWI S E, COOK, JR. Print Name: ROBERT E. CHOVICK Title: PRESIDENT Title: ATTORNEY-IN-FACT ROBERT E.CHOVICK 'n"'" 'ISU SANDER,JACOBSO CASSAYRE G:�GtpDatalErlgSvclForntislBN yVORD1BN•12.doc INSURANCE SERVICES P.O.BOX 2800.3200�/I�� Rev.August 12,1998 NSP CA NE A, 94558•(707)252-8822 ULICO CASUALTY COMPANY 003 111 Massachusetts Avenue,N.W. Washington,DC 20001 POWER OF ATTORNEY Know All Men By These Presents: That Uhco Casualty Company,A Delaware Corporation,having its principal office in Washington,DC,pursuant to the following resolution,adopted by the Board of Directors of the Corporation effective on the 28th day of January,1993: RESOLVED: "That the Chairman and Chief Executive Officer be,and hereby is,authorized to execute Powers-of-Attorney,qualifying the attorney named in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation,in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the sea]of the Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by facsimile,and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related surety bond to which it is attached." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: Clay Thompson,Jeffrey D. Erickson and Robert E.Chovick, of ISU Sander,Jacobs,Cassayre Insurance Services of Napa,in the State of California,its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign, execute,acknowledge and deliver in its behalf,and as its act and deed,without power of redelegation,as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED THREE NffLI.10N($3,000,000.00)DOLLARS;to bind Ubco Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Uhco Casualty Company,and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof,Uhco Casualty Company of Dover,Delaware,has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 15th day of June,1998. This Power of Attorney is void unless the seal is readable,the text is in black ink,the signatures are in black ink,this notice is in red ink,and if attached to a document executed subsequent to March 31,2001. Ulico Casualty Comp P 0#Rjq �aP SEAL By: District of Columbia ss: 1979 *, o LAWO' eorginel WairAan Chief Executive Officer P AA G r 1 '400 A 0' G : all On this 15th day of June,1998,before the subscriber,a Notary Public of the District ofia,duly commissioned qualified,came Robert A.Georgine of Co0 m a c C1 Uhco Casualty Company to me personally known to be the individual and officer described ereiirm�and who executed the preceding instrument,and acknowledged c rk the execution of the same,and being by me duly sworn,deposed and said,that he is the of,icer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of the Company,and the Corporate Sea]and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation,and that the resolution of the Company,referred to in the preceding instrument,is now in force. In Testimony Whereof,I have hereunto set my hand,and affixed my official seal at Washington,DC the day and year above written. t4OTARY By: A N b h c- PUBIC Justice'Lee District of Columbia my Commission Expires marc a ZUU I CERTIFICATION L Joseph A.Carabillo,Assistant Secretary of Ulico Casualty Company of Dover,Delaware,do hereby certify that the foregoing Resolution adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto,are true and correct,and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seal of the corporationa day of DECEMBER 1" 8 B N � SEAL I sep AreAra-bill'o,AsKsiant Secretary 197V "4AW01 UCB-102-POAI(06/98) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of C.AT.TFQRNTA OPTIONAL SECTION County of NAPA CAPACITY CLAIMED BY SIGNER On 12 Z 3 0 0 befoire me, kgQQj RETLESES. NOTARY PUBLIC Though statute does not require the Notary to DATE OFFICER E.G., E DOF,NOTARY PUULIC" fill In the data below,doing so may prove In. valuable to persons relying on the document. personally appeared ROBERT E. CHOVICK KAME(S)VGNER(S) El INDIVIDUAL 13 CORPORATE OFFICER(S) [3 personally known to me-OR-13 provided to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are TITLF4S) subscribed to the within instrument and 0 PARTNER(S) 0 LIMITED acknowledged to me that he/sheAhey E3 GENERAL .4. executed the same in his/herAheir 0 ATTORNEY-IN-FACT F_... authorized capacity(ies), ❑and that by ro PIGGY PETERSEN Z his/her/their signature(s)on the 0 TRUSTEE(S) a: COMM.#1079270 < 0 GUARDIANIC Instriment the person(s)or the entity 1:3G> No"*qy KMX 0 CNTY ALW:ORNIA 1) upon behalf of which'the person(s) 1:3 OTHER: OU .4 comm Ess DEC 301999 acte ecuted the instrument Wl ES y hand and official seal, SIGNER IS REPRESENTINdi" WAa OF PERSON M OR EWITYPES) GNATURE Of NOTMY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE PwwO ft*6 Wow k#W4 mq%*"by Ww, I wwj p o,e vWwmbW b perws roh*V on tw dooffewt WW cftm PrW"&ft#&dWt I fteftadvneft ef M fwm. INSTRUCTIONS TO NOTARY The following information is provided in an effort to ex9edfte processing of the documents. Signatures required on documents must comply with e 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 be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers interest in the property must be stated. Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authori4i to sign for and bilned.IFFPartner ship. IV. SIGNATURES FOR CORPORATIONS uments,should be signed by two o cers,one from each of the following two groups: GROUP 1. Ija The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secreta b An Assistantlecretary c c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of resolution of the 9 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 onlK,one group,must contain the following phrase: ".0.and acknowledged to me that such corporation executed the wit n instrument pursuant to its by-laws or a resolution of its Board of Directors *1 `.new &t_ ST6Wd**7ZMS'j� ! }. LEDGNIENT . ALIFORNIA ALL PURP04E ACKNOW State of Calif ornia County of Marin On December 8, 1998 before me, Deborah L. Johnson, Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Lewis E. Gook, Jr. and Linda J. Plott Felt Name(s)of Signer(s) }i E personally known to me D proved to me on the basis of satisfactory evidence j 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), ` L. and that by his/her/their signature(s) on the instrument the D��a�a�LJOHNSON ; .: � i ��� person(s), or the entity upon behalf of which the person(s) � Commission , NotCFY pubric-cohfomia acted, executed the instrument. , Z `� morin GountY g4,2MI WITNESS m hand and official seal. . ray Ca=.�� Y i Signature of N ry Public OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ?' Description of Attached Document ' Title or Type of Document: _ -Subel;v1 Sion A.jZrJp- 1 Document Date: -� Number of Pages: 2 _ J. Michael Walford, Public Works Director and Signer(s) Other Than Named Above.. , Victor J. Wessman, County Counsel Capacity(ies) claimed by Signer(s) , Signer's Name: Lewis E_„ Cook, Jr. Signer's Name: Linda J. Plott Felt D Individual 0 Individual ® Corporate Officer :J Corporate Officer Title(s): President Title(s): Secretary D Partner--0 Limited 0 General 0 Partner--0 Limited D General D Attorney-in-Fact 0 Attorney-in-Fact F� Trustee0 Trustee D Guardian or Conservator lei '-~ D Guardian or Conservator 0 other: Top of thumb here F� other: Top of thumb here Signer Is Representing: Signer Is Representing: Morgan Capital Inv. Prop. Morgan Capital Inv. Prop. 0 1996 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Gall Toll-Free 1-800-876-6827 r\y�Jj CONTRA COSTA y+Ole zo'• ..w•• , :.,•�.t. l,ii � •� b$MPERNTreki,jyN ::�Z•i i'•�.of+• M.Y��I Y(� t,. ,� r,�+,� 7-- x.. •. A,-. ,b111 a•..�r':t�' r►�1�� aF `'ti�t^•'�Zs,�.ui r. r.,+. ...,,..�. .� }• - R=COhJITROILER ti. .��i I�M31 Et= 7 �M1ViV ���f!�.�•� .. - .`'�«Y„t,.h.•. N : YJ Y't { •1' f:.�.�'nY'Y`f'b••'Fy••�1••� _.: .-i' zi'...�. 't'a�.a1t•isY.'•1ti.at++rte. 7.►+• :!s ".`1•�� . „ '+"�:•:�:� _U.•Y+n�i.•''�,,,""tt:.vr .Y���°' .:s._j''t"'`�';"':: A':a,••it -' �`+r ::'" Wit:•' "f► "�."�.c..: .. ��tj}r� ;x.CALIFORNiA�`- .:,L ;► ,: , � `�'x ti• % tiw tvr iati}:rlldrA ��1Y ��t t� Rt/Ht r ter.►i�•;i .'�,;•.'{:i. .�e W .i«Y/1 F' L :K•�: 7! 1�•'[ Vin`( '. •ti i•'w'tt•�il w''�r'1�'�'••i•.. •-f"oY�/ j' ,�1M1T � ` w _�• . • - E TREASURER: ll r!•'-_11 RECEIVED FROM ORGANIZATION NUMBER Z.� (?'/ P.�'.�' • f'} �'"� •�~�"`Tr'�'''1 '� Z '. '4/ .5- (For Gash Collection Procedures see County Administrator's But #in 1051 DESCRIPTION_ :; .; FUND ORG• 5U8. TASK OPTION ACTIVITY A.MOUINT / ACCT.. - s $ V J�'I t•J Y ' 'ham'- , � Wool ' s'� t .. : -0,7 / 5� -47 .7::� 7 I • dD �d 4 S'I � 1 ' V t EXPLANATION: .,"TOTAL $ f}� i d v �ylre'XI ' , r' 'd'8 - -.5-' • DEPOSIT C 'v fir' S C '� '� '�' ''' ' f 3 C '�c ,'� `��..� -Deposit consists of the following iterns 1 •t"e'�;L y •' /'-� r' +COIN and CURRENCY $ CHECKS,M.O,ETC. $ BANK DEPOSITS. $ l't 1n� -IX vv L� C- ��: a► S ls�=`�t} °� 3 010 5►l0"�•-'°1 I C% `�► ?�ka� FOR AUDtTtJR-CONTROLLER USE ONLY " DEPOSIT p3 2._ PERMIT N"FR DATA ASSK."7"N.D :The amount of y described above is Treasu�er'-s ` t:of-a�amount-is apopro ed::. = eCeipta�f N titt�o�.lnt is ` deposit into the County Treasury. Stgned' .�..� _....__Date Title: :EXT. ' .. •-Z ;_,.. +�:':).. ''r County--Auditor-.'-i`-- '.•i- t ,. ' 3 EY.(7-93) .. .. . SUBDIVISION AGREED "'i (Government Code 566462 and'S"6 463) 7267 _ Effective Date: • cadivider: MORGAN CAPITAL INVESTMENT Completion Period: PROPERTIES THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO* C�. COSTA COMP ,SUBDIVIDER J.Michael Welford,Public Works Director MORGAN CAPITAL INVESTMENT PROPERTIES a California corporation (Pcuic name dt tick) LEWIS E. COOK, . PRESIDENT RECOMNM PROVAL By: n ' g Services Division ahintnm ktide LINDA J PLOTT FELT SECRETARY FORM P D: Victor J.Westman,County Counsel (NOTE:.All signatures to be acknowledged. if-Subdivider is ineorporai.4 sig- natures must conform with the designated representative groups pursuant to Cor- porations Code 5313.) 1. PARS&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called County"",and the above-mentioned Subdivider.mutually promise and agree as follows concerning this subdivision: 2. SRO 1ENTS. Subdivider agrees to install certain road improvements{both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this.subdivision as revievyed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEN=SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: s 5 r 8 0 O. 0 O ,cash,plus additional security,in the amount of s 5 7 9, 10 0.0 Owhich together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. Eor Payment: Security in the amount of s, ,2 9 2 r 4 5 O e O O .which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. r C. Upon acceptance of the work as complete by the B,' iM of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GU ANI?WADY OF WORK. Subdivider 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. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. S. PLANT ES TAB WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1) year from and after the Board of Supervisors accepts the work as complete. 6. RAPROVEWDU PLAN WARRANTY, Subdivider 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,Subdivider 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 Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. DME! Nf Y: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The 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 Subdivider,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, supplidd,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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the fled 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 Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. 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,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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. 1 � Subdivision: 7267 Bond No.: CAIFSU 0318779 PREMIUM: $5,849.00 Per Annum IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code SS66499 - 66499.10) 1. RECITAL OF_SUBDIVISION AGREEMENT: The Principal has executed an agreement with the Countyto install and a for street, drainage, and other improvements in Subdivision pay 7267 , as specified in the Subdivision Agreement, and to complete said work within the time spedfieu qui :.o pl t or. iii Lh�e S- bd'v's'on Acyreem_ent, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: MORGAN CAPITAL INVESTMENT PROPERTIES as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY a corporation organized existing under the laws of the State of NEW JERSEY and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: ONE HUNDRED FIFTEEN THOUSAND ---------- Dollars ($ 115,000.00 ----------------) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: TWO HUNDRED NINETY-TWO FOUR HUNDRED FIFTY THOUSAND ------ Dollars ($ 292,450.00 --------------)to secure the claims to which reference is made in Title XV(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3, CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa(or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished 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, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration with further notice to •or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on MARCH 6. 2003 MORGAN CAPITAL INTERNATIONAL FIDELITY PRINCIPAL: INVESTMENT PROPERTIES SURETY: INSURANCE COMPANY Address: 3 HARBOR DRIVE, #303 Address: 3200 VILLA LANE City: SAUSALITO Zip: 94965-2943 City: NAPA Zip: 94558 By: By: Print Name: LEWIS E. COOK, JR. Print Name: CLAY THOMP SON Title: PRESIDENT Title: ATTORNEY-IN-FACT by Print: in�a-P . Felt G Title: S e e�e t arCLAY TFIOM�'�,Ci�CU SSU SANDER,JA0oaS,CASSAYRE INSURANCE SERVICES :mw 3200 VILA LANE G:\GTpData\EngSvc\Forms\BN WORD\BN-12.doc NAPA,CA 94M•(70 ,W82.2 Rev.August 12,1998 t CALIFOL IAALLmPURPOSEACKNOA-...ZDGEMENT State of CALIFORNIA OPTIONAL SECTION County of NAPA CAPACITY CLAIMED BY SIGNER On /6/2OO 3 ,before me, THERESA STUDEBAKER. NOTARY PUBLIC .$ Though statute does not require the Notary to 1111 In DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove Invaluable to personally appeared CLAY THOMP S ON persons relying on the document. NAMP4S)OF SIGNER(S) 0 INDIVIDUAL Rypersonally known to me•OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICERS) be the person(o whose name(4)is/art TITLE(s) ML, Ml IM, OIL -IMIL -ML IML �L subscribed to the within instrument and lJolMTHERESA STUDEBAKER acknowledged to me that he/s1re/tho-y executed 0 PARTNER(S) 0 LIMITED Cofl'NT'N Aion# 1403857 the same in his/her/tktr authorized 0 GENERAL y Not Pubic - CoMornio capacity(i�es'),and that by his�f miffr� signature( '"on the instrument the person( or 0 ATTORNEY-IN-FACT Ncpa County 0 TRUSTEES) Comm E .esApt2 M07 the entity upon behalf of which the person(( 0 GUARDIAN/CONSERVATOR acted,executed the instrument. 0 OTHER; ITNESS my hapd and off ial seal, SIGNER IS REPRESENTING- (NANO EPRESENTING:(NAME OF PERSON(S)OR ENTITY(IES)) OF TAR OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by taw,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named 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. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. H. 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. SI9NATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have to sign for and bin the partnership. the authority gn P p IV. SIGNATURES FOR.CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. a The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary lbAn 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.r JC:mw 11PWS4L5HfARDATA\GrpD&ta\Engsvc\Fomu\WORD FOR.MSIALL PURPOSE NOTARY.doc Tel 973Y-62.447200 . R-Nv� TIONINSURANCE -COMPANYDELITIV I -O IE: ....... ...... OFFICE ONE E ARK.CENT:ER BOTH F,OO: NEWARK.NEW JERSEY.:07102.5207; K L B H P t':: RNATI N. D:. ITY:I SLS ANCO. N ::`a o Graf or antz d an. NOA.A .. BY:-THESE T E PRESENTS..::':,,.: ''tia..IN' E A. N �. E(, .MPA Y .... .c.. .zp x..n g.. .... - g. e' e C't ewar New:Jerse: does: eel~ c laws« :theStae::of Nev Joey,,aid having its. rincipai c.ffi in th. z y c f N ,. y, h ... y.c. n,.tit-to and int <: hp ..... E K 8 R E VI FFR Y D ERI SCAN'; CLAY' HQI�iPON. RO...E r C 4 C ' C Napa CA. _ .: �: . its true and lawful::att��rne s in fact tc�execute mal end deliver for and on.iE�b.ehalf a� .uret an anal atl hvncls and undertaken s.ca ntracts of indemni and O y .� other:wrrt:ii Ts ob'li ato tee the. ature<therec?f which.a a or ma be:allowed: re aired:or ermitt h. law stature. rule re elation>contract or otherwise' and' n 1, g t ry x ,.. the executex�n.:cif such: enstrciment s rn ursuance of these resents shall tip: as :bin m'� upon the said INTER1v NAL FIDELITY XNS`JRtCE ( ), p T. ,,. `' �. 111IPAI'+lY <:as full and a 1 to i nt, n u o,e, as if e,a e had he:en dal executed and acknorled ed ti it, re ularl ..elected offcers at tts CU.. }.:, ,Y ?���' all me � d,p �'p ,. th en Y , . � _ Y g.... Y.. .rineipal.c��fice r is Power of Attorne is executed<and a be revoked,pursuant o and h authority of icle 3- echo 3 of e:B aw adv ted b the Board of Th r rn ke. ,p ua t y , y. At S n , the: L y I y p Y F ry, I974. Directors of INTERNAOAL FIDELITY NSA RAIICE C011�IPANY at a meetin called and held n the 7th da of ehrua The President or.any Vice;President, Executive dice President,Secretary or Assistant Secretary,shall have power:. authority (1)To appoint Attorneys-in-fact,and to authorize them to execute cin 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. ` s s so s • � j . T Further,this Power of Attorney is signed and sealed 6y facsimile par'uant to resolution n c f the Board of Director. of.aed Cc mpany ado pted at a meeting, duty called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may he affixed to any.such ower of attorney or an certificate relatingthereto b facsimile,and an such ower of attorney or certificate bearing such;facsimile signatures or facsimile sea shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall he valid and binding upon the Company in te future with resp ct to any bond or undertaking;to which it is attached. IN TESTIMONY WHEREOF,'INTERNATIONAL FIDELITY INS'URANCE COMPANY has caused this instrument to be ��► r% signed and its corporate seal to be affixed by,its authorized officer,this 3 l st day of August,A.D. 1998. INTERNATIONAL FIDELITY INSURANCE CO NY C2 SEAL y +� STATE OF NEW JERSEY County cif Essex Vice-Pr ,idem On this 3 l st da of August 1998,before me carne the individual who executed the recedin'= instrument, to me erscnall known, and, bean tay me dug X g Y A p y sworn,said the,he is the therein described and authored.offieer>of the INTERNATIONAL IDELITY INSURANCE COMPANY•that the seal affixed to .. said instrument is the Cry grate Seal of said Com an that the said Co. orate Seal and hes si mature were dal affixed birder>of the;Board of Directors of p Y g Y Y said.Company.. IN TESTIMONYW v **hh ..HEREOF.;:i have hereunto .set my hand al'fxed my Official.Seal at the City.of Dewar ew J'erse t e a_a d ear st o ; k,N Y, Y h d Y n ;y 1"ir ab a written. GTA ir PUBLIC i /r A::NQTAR PTBLIC O NV JERSEY CER:TIFIC'ATION: oinanis sin E iris Nov.21 00 i T t h e `e.. . I. t nd d o of e.0 a Ai r r n ffine. I IIS LI gTEItNA'' .)SIAL. ' E TX �1SItANCE COMPANY hereto :cert: ghat :have e{� ared the fereitl <eo . Y. �Y .. g ,g:.....py�3f the, Pow ©>` c er f Att d:. d t . me ::.ai1 afB av i and the co . f the:Se.t on oft ti said`..o s .. s . .......... _.. _ ...... ,_ .. ..RY. ,... c 1. ire B �a� �. ... Y.: Y ani.a. et.fe rth in.,aid::Power��f Attzrney,with th :;CRI :INALS 4 .... I H ::::O N.T O F 5 E II IVI E '.'.N '::.'�...d ,..� E. G QE. AxD+GQMPA Y. sin .that.the.arne..are.cc rrect tran�e�ri t�.tlrereof:and:of the:wlit�le«.t e'said�.i7ri snags:::and that->t`e sa'd'P .. i p g h. of..Attorne has nt�t been.revc�k s o f: e and. Y ,.... ............ ed.ai�n...t.n w zn..�'i.�il a xc n effect.: < ... IN TESTIMONY WHEREOF,I have hereunto,.set;m hand th:i-s 6 ,day of MARCH 2O(�30 Y :Ass e ist�a t.�S. n ret CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT State of California f ss. County of /�q "U On 3 before me i Date N nd Title of Officer(e.g.,"Jane Doe,Notary Public") I personally appeared �/5 i P Y pp , Name(s)of Signer(s) j ❑ personally known to me /proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their i signature(s) on the instrument the person(s), or 10, the entity upon behalf of which the person(s) A.ROUGEAU COMM.�1337766 � acted, executed the instrument. NOTARY PUBLIC-CALIFORNIA MARIN COUNTY 0 WITNE S y hand and official seal. � COMM.EXP.JAN.6,2006", i Place Notary Seal Aboveignatur f Notary Public OPTIONAL i 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 TL Title or Type of Document: At Sig Document Date: _D Number of Pages. i� ;i Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer Signer's Name: RIGHT THUMBPRINT ❑ Individual OF SIGNER -, Top of thumb here i CVCorporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General i i ❑ Attorney in Fact ❑ Trustee i ❑ Guardian or Conservator ❑ Other: 'I a Signer Is Representing: I � IR, ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California ss. County of �--C.� On "C before me, � - �L� Date , Name aQVFitle of Officer(e.g.,"Jane Doe,Notary Public") personally appeared dL , p Y pp � r, Name(s)of Signer(s) [ 'personally known to me ❑ proved to me on the basis of satisfactory evidence ` to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/the executed 9 Y .i i, the same in his/her/their authorized capacity(ies), and that by his/her/their i signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) r A RouGEAu acted, executed the instrument. ; COMM-4 1337766 NOTARY PUBLIC-CALIFORNIA MARiN COUNTY 0 WITNES�my hand and official seal.15 � i COMM.EXP.JAN.6,2006'A Place Notary Seal Above Signature of Notary Public i IL .l OPTIONAL i Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document. i Description of Attached Document - Title or Type of Document: Document Date: L Number of Pages: i Signer(s) Other Than Named Above: �i ((4 Capacity(ies) Claimed by Signer Signer's Name: ( - :-_- i El Individual OF Top of thumb here i //Corporate Officer—Title(s): �= ❑ Partner—❑ Limited ❑ General t ❑ Attorney in Fact i ' ❑ Trustee i ❑ Guardian or Conservator <' ❑ Other: i i Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 _I