HomeMy WebLinkAboutMINUTES - 04082003 - C8 __.
11111 RE
`r Recorded at the request of CONTRA COSTA Co Recorder Office
STEPHEN L. WEIR Clerk-Recorder .
contra Costa County �+ �+r�++�
Public Works Department DOC,-" 200 _01 VLi08�00
6
Engineering Services Division
Return to: Wednesday, APR 09, 2003 10:99:07
Public Works Department FRE $0.00
Engineering Services Division Tt 1 Pd $0.00 Nbr-000141$990
1rc/R9/1-15
THE BOARD OF SUPERVISORS OF COI
Adopted this Resolution on April 8, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKE'MA, GLOVER AND DESAULNIER
NOES: NONE-
ABSENT: NONE
ABSTAIN: NONE
DISTRICr III SEAT VACANT' RESOLUTION NO. 2003/ 216
SUBJECT: Accepting completion of improvements,approving Road Improvement Agreement
for warranty period and declaring Park and Ride Court a County road, for Road
Acceptance 1120 (cross-reference Subdivision 7686), Byron area. (District III)
The Public Works Director having notified this Board that the improvements for Road
Acceptance 1120 (cross-reference Subdivision 7686) 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 fallowing Road Improvement Agreement with Hofmann Land Development Company
was presented for Board approval for the warranty period for Road Acceptance 1120(cross-reference
Subdivision 7686).
PF:rrfV I hereby certify that this is a true and correct copy of an action
o:\.crpData\E„gsve\PattyEd\2003\uarch\RA 1120 Boa2.doe taken and entered on the minutes of the Board of Supervisors on
Originator: Public Works(ES) the date shown.
Rich Lierly(313-2348)
cc: Public Works Accounting
T.Bell,Construction
-Maintenance(w/Plat)
-T-4-8-04 ATTESTED: Apri 1 08, 2003
Recorder(via Clerk),then Records section JOHN SWEETEN,Clerk of the Board of Supervisors and
c�c� g County Administrator
Sheriff Patrol Div.Commander
Hofmann Land Development
1380 Galaxy Way By Deputy
Concord,CA 94522
St.Paul Fire and Marine Insurance Company
2552 Stanwell Drive
Concord,CA 94520
RESOLUTION NO.2003/ 216
SUBJECT: Accepting completion of improvements, approving Road Improvement Agreement
for warranty period and declaring Park and Ride Court a County road, for Road
Acceptance 1124(cross-reference Subdivision 7686), Byron area. (District III)
DATE: April 88, 2443
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:
I. Cash Bond
Performance Amount:, $1,400.00
Auditor's Deposit Permit No. DP 378659 Date: December 12, 2441
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: ST8712, February 12, 2403
Performance/Maintenance Amount: $20,850.00
Labor&Materials Amount: $69,500.00
Principal: Hofmann Land Development Company
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 ofApril
8, 2043, thereby establishing the six-month terminal period for the filing of liens in case of action
under said Road Improvement Agreement:
BATE OF AGREEMENT SURETY
April 8, 2003 St. Paul Fire and Marine Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $69,504.00,
Bond No. ST8712,issued by St.Paul Fire and Marine Insurance Company,be RETAINED for the
six month lien guarantee period until October 8, 2403, 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 Park and Ride Court, the hereinafter described road,
the right of way was conveyed by separate instrument,recorded on September 11, 2002,
Document No. 2402-4322715-00, is ACCEPTED and DECLARED to be a County Road.
Road Name Road—R W Widths Road No. System Length Miles
Park and Ride Court 39' —49 9357CN Minor 0.02
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$1,400.00 cash deposit(Auditor's Deposit Permit No. 378659,dated December
12,200 1)made by Hofmann Land Development Company and the performance/maintenance surety
for $24,854.00, Bond No. ST8712, 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 N0. 2003/216
ROAD IMPROVEMENT AGnEMENT
Developer: h4A*V&An 4 cry tic Dp!y �,O wcm!i 7 ca. �tive late: ( t 8,42j=03
Development: 6"10 �t V i0 t o A 'S 01 3 erlod: 3 year
Road: pCt i-,iC yC RL
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA-CO TY DEVELOPER = N4-*Craft 4 at,tpA
Maurice M.Shiu,Public Works Director
B ti' 1 ` J� (AP—)- t r
(print Roma&title)
"CO)MMP VAL
By: (mi;Runra)
ecring Services Division (punt Rune do tile)
Victor J.Wessman,County Counsel
(NOTE, All sipatures to be acknowledged. If Subdivider is incorporated,signatures must
euntforna with the designated representative,groups pursuant to Corporations Code 3313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Con "and the above-mentioned
Develarier,mutually promise and agree as follows concerning this development:
2. DOEWU'.vlElwlTS. 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 platys for this development as
reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Mosta 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 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. W-ROYENET17 HC 7 RITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,grovide as security
to the County:
A. For Performance and Guarantee: S / Q0 • cash,plus additional security,in the amount of$ Z 401 •°
which together total one hundred percent(1001%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,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 apq, .5o 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 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 S94-4.40$of the{ordinance Code.
4. ORLARANIBEAN.P WARRAM Of HQg& 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.
5. PLANT ESTABLISHMENT 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 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-year
from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAIN 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 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.
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 district, elective and appointive boards,
commissions,officers,agents,and employees.
B. The lia ili `es 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. No t-Con it'ons: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or 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. BION-PERFORMANCE AND COSTS: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 attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete
the work.
11. INCORPORATION/ANNEXATION. 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. C,QMIDERATION. 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:1GrpDstaTnSSvc\'orrLsslAG WORDWG-24.doc
Rev.April 6,2000
('�CALIF`ORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of C �1'CCx nick OPTIONAL SECTION
Countyof_- ,C x-\-< ,— _ CAPACITY CLAIMED BY SIGNER
On Q before me,._yam* e`s , Though statute does not require the Notary to Eli#in
DATE' NAME,TrrLE OF .o.,"»»�NOTARY PUBS" the data below,doing to may prove invaluable to
personally appeared l i persons relying on the document.
t y pp XA I nF sI t
fl INDIVII7tJAL
personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to d CORPORATE OFFICER(S)
be the persons)whose name(s)is/are iirl.a(s)
subscribed to the within instrument and
acknowledged to me that helshe/they executed ❑ PARTNER(S) ❑ L241TED
the same in his/her/their authorized ❑ GENERAL
w.ti.a,...�,a,...�... pacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT
i?. PANI EE ES ature(s)on the instrument the person(s)or ❑ TRUSTEB(S)
f r:rti it 1296585 entity upon behalf of which theperson(s) ❑ GUARDIAN/CONSERVATOR
N^TAH "silt+C-CALIFORNIA ed,executed the instrument.
,�j .«oma costa County " 0 OTHER:
f y orris. Expires March 9,200S QIGNATULEOF
filciai seat,
M +� SIGNER IS REPRESENTING;
(NAME or PE R9ON(S)OR t WITY(tas))
OTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
r&-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.
FORALL SIQI*ITURF - 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.
IT. SIAM&=) FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated, -
ffi. �� g0 ] S - Signing party must be either a general partner or be authorized in writing to have
the authority ority to sign for an tri t e partnerstup.
IV. SU COTIONS
OR
ocuments should a signed by twwo officers,one from each of the following two groups.
GROUP I, �cb
a)The Chair of the Board
} The President
Any Vice-President
GROUP 2. a The Secretary
NAn Assistant Secretary
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 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 onI one group,must contain the following phrase:
" and acknowledged to me that such corporation executed the within instmment pursuant to its by-taws or a resolution of its Board'of
Directors."
XVV#R"EL4 MATAICiryihp UkoveX,m WO D FORM V11,PURPOSE NOTARY.doc
COUNTY Of CONTRA COSTA
DEPOSIT PERMIT �Z
OFFICE CIF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
�"�"'' � ORGANIZATION NUMBER
Ic�q«at
(For Cash Collection Procedures sea County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG. sua ACCT. TASK OPTION ACTIVITY AMOUNT
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EXPLAL4ATION: s, TOTAL
DEPOSIT --
Deposit consists of the following sterns
COIN and CURRENCY $_
CHECKS,M.O ETC. $ ,"I �
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER? radil."t DEC
DATE ,
ASSIGNED
The amount of money described above is for Treasurer's receipt of.obov41 amount is approved Receipt of alcove amount is hereby
deposit into the Co tY Treasur)4 t ocknowledged
g -s Date
Signed signed: fit
EXT "�'`'' Deputy County Deputy C unty Treasurer
D-34REV.(7-93)
Clara
Wim" �7 -'.�" d��.' '�.. .:w-I�r t�c�`� �Lr''.�`J'G� "�-.t�".+��` �, , `�•''/'r''��. .'�"' i�✓'t-t.
,�''y�/"f ,�>''�"� .�,f s"��''', '�'�r'�r'�'"fir' '�,S"..�~:'t�d '` d' ,���"j".+�"',•�M'� {�''��` /'gym ren
TOWN OF DANVILLE
SCCJEPA Fund Distribution
From 4/1/2001 to 913012001
SCCJEPA REGIONAL FEES
Total SCCJEPA Regional Fees $ 27,337*94
Less 1%Administrative Cast $ 273.38
Amount to be Distributed $ 27,064.56
Distribution (1)
city $ 27,064.56 X 19.60% . = $ 5,304.65 + $ 93.23 interest = $ 5397 88
County $ 27,064.56 X 6.90% = $ 1,867.45 + $ 32.82 interest = $ 4, 2
. $�#�
Town $ 27,064.56 X 73.50% = $ 19,892.46 + $ 349.62 Interest = $ .08
SCCJEPA SUB-REGIONAL FEES
Total SCCJEPA Sub-Regional Fees $ 15,947.91
Less 1%Administrative Cost $ -
Amount to be Distributed X15,947.91
Distribution(2)
City $ 15,947.91 X 19.00% = $ 3,0330.10 + $ 46.27 interest = $ 3,076.37
County $ 15,947.91 X 6.00% = $ 956.88 + $ 14.61 interest = $ 9 1.49 S2)
Town $ 15,947.91 X 75.00% = $ 11,960.93 + $ 182..63 interest = $ 12,143.56
Total Distributions
City $ 8,474.24
County $ 2,871.75
Town 32,385.64
Total $ 43,731.64
(1) Distribution per Section 14, SCCJEPA
(2) Distribution per Section 14, SCCJEPA
t
r COUNTY r' CONTRA COSTA-41ENEM RECEIPT �+
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+ � € OLLARS$ `
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ca-4-x,.o 4-Ctj LQLAA+ CASK! ACCT.
SAL:
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CHECK AMT.
PAIDl �7..�
MONEY SAL.
C}RC}EFt DUE
(D57,REV,7}89)
y COUNTY ,, ., CONTRA COSTA -- GENERA,- RECEIPT �/�+ ++�� q ++��
®- t7tl 550
NOT A RECEIPT t t 1THIS COPY IS .L w7
}EPT; — - � '
OLLARS$
OR A
CASH ACCT. -
ECEIWED FROM
BAL.
CHECK AMT.
PAID +�
MONEY SAL.
ORDER DUE •
Bond No.: ST'8712
Development:
Premium:$626.00
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance,Guarantee,and Payment)
(California Government Code§§ 66499-66499.10)
1. RECITAL OF ROAD IMPRovRMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and ether
improvements on,or along Park&Ride Court (RA1120) ,to complete said work within the time specified
for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION.- Hofmann Land development Company ,as Principal and
St.Paul and Marine Insu racer Cornnar►yt corporation organized under the laws of the State of Minnesota. ,
and authorized to transact surety business in California, as Surety, hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay as follows:
A. Performance:
Tw2nty ThWan *****
Dollars0 R$. ryJ, 5n n0"' for itself or any city assignee under the above County
( •i6ii4�ifMl
Road Improvement Agreement,plus
B. payment.•Sixt
y Nine Thousand Five Hundred and nol100ths*****
Dollars($, 60.600.00**`** ) to secure the claims`to which reference is made in
Title 15 §§ et seq. of the Civil Code of the State of California.
3. CONDrI OM
A. The Condition of this obligation as to Section{2.A.}above is such that ifthe above bonded Principal,
or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and
abide by and well and.truly Keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof shade 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 officers,agents and employees,as therein stipulated,then this obligation shall become
null and void;otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.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,labor of
any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3482 of Part 4 of Division 3) 6fthe 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 Work under the conditions of this bond be fully performed, then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives theprovisioins of California Civil Code See tion 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 12th of February,2003
Hofmann Land Development Company
PRINCIPAL:^ s 1411�L SURETy: St.Paul Fire and Marine Insurance Company
Address: I'M[f� , d Address: 2552 Stanwell Drive
City: bwhiTi . OM / City' Concord,C9520
By: ,,��t` �- �t k) By.
Print Name: - -----fi=t �`c 1 , - Print Name: Deborah Baker
Title: _ ! / "x'10 4 Title: Attorney-in-Fact
:M
o:��,vam ����srr woKn�era.�.aa
...............
..........................................................................................................................................................................................................................................................................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California }
) SS.
County of Contra Costa }
On February 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'#1296579
NOTMY MOM•CALIF"MA �(
Signature coot cep.cftft
MY Carman.am"+NMI
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrirrrrrrrrrrrrrrrrrrrrrrrrrrrfrrrrrrrt
Reference: Improvement Security Bond for Road Improvement Agreement
Bond #ST8712, Park & Ride Court (RAI 120)
Date: February 19, 2003
Pages: 2
S[ ul St.Pad Fake and Marine Ittamrmen Compal Unhad Staff Fidetity and Guaranty Company
surety St.Perot Guardian Inaurance Company AdeNty and Guaranty Insurance Company
SL Pant Mercury Iaeuran a Company Rdelity and Gunauty Ise Underwdtety,Itis
Seaboard Sm*ty Comprny St.Pard Medea E.fatdiity Inauranee Company.
Band No. sua12
RIDER CONTAINING
DISCLOSURE NOTICE OF TERRORISM COVERAGE
This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No
action is required on your part. This Disclosure Notice is incorporated in and a
part of the attached band.
You should knew that, effective November 26, 2002, any lasses caused by
certified acts of terrorism would be partially reimbursed by the United States
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 exceeds $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
$100,000,000,000.
The portion of your premium that is attributable to coverage for acts of terrorism is
fl.00.
IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT
TO CHANCE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY.
SIGNED AND SEALED this 12th day of February , 20-.
SURETY: [SEAL]
St.Paul fire and Marine insurance Company
Deborah Baker,Attorney-in-Fact
7h$ "ibul POWER OF ATTORNEY 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.Paul Mercury insurance Company
Power of Attorney No. 2360 Certificate No. 1528656
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 Fire 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 taws 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 T nmiright,Deborah Baker,James C.Jenkins,and Michael G.Tigan
of the City of Concord State California their true and lawful Attorneys)-in-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 undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 21st day of November 2002
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.Paul Mercury Insurance Cornpkay
Ig2Y �aaa 7n 8 f I PETER W.CARMAN,Vice President
State of Maryland
City of Baltimore THOMAS E.HUIBREOTSE,Assistant Secretary
On this 21st day of November 2002 before me,the undersigned officeri 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 affixed 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
corporations by themselves as duly authorized officers.
In Witness Whereof,I hereunto set my hand and official seal. No&tRY
My Commission expires the Ist day of July,2006. r� CiS't REBECCA EASLEY-ONOKALA,Notary Public
�86203Rev. -2(IO2 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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 GuarantyCompatry,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2,1998,w)tddt resolutions are now in full forks and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Powers)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company;and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached;and
RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
1,Thomas E.Huibregtse,Assistant Secretary 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.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and effect and has not been revoked.
IN TESTBIONY WHEREOF,I hereunto set my hand this 12th day of February 2003
' Thomas E.Huibr egtse,Assistant Secretary
To verify the audwndeity of this Power ofAitorn,%call 1-"&4W-,39&0 and askfor the Power ofAnorney cleat Please r+efei to the Power ofAnontey number,the
above-named individuals and the dewils of the bond to which thenower a amachat
.........
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State of California
County of Contra Costa
On February 13,2003 .before me,Mvra J.Hicks personally appeared Deborah Baker.
OPersonally 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
cctrmjss+On ' ° the instrument.
r WITNESS my hand and o cial se 1.
�#naftVf o Public
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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 1120
Document Date: 02/12/03 Number of Pages: 3
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer's Name: ❑Individual
Q Individual M Corporate Officer
F-1 Corporate Officer Title(s):
Title(s): ®Partner-OLimited DGeneral
D Partner-[Limited nGeneral ®Attorney-in-Fact
0 Attorney-in-Fact ❑Trustee
M Trustee ❑ Guardian or Conservator
] Guardian or Conservator E]Other: TopotThunb Hae
Other: Top of Thuff b Rem
Signer is Representing:
Signer is Representing:
St.Paul Fire&Marine Ins. Co.
Signer's Name: