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HomeMy WebLinkAboutMINUTES - 04202004 - C14 x CoN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 20, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKENIA, GREENBERG, DESAU TER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 192 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8738,being developed by Davni Development, L.L.C., Martinez area. (District H) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8738, property located in the Martinez area, Supervisorial District II, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Davni Development, L.L.C.,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action Originator:Public Works(ES)(313-2244) p Contact: Prank Navarra(31taken and entered on the minutes of the Board of Supervisors LS:nn on the date shown. G:\GrpData\Engsve,BO12004\04-20-041SUB 8738 B0-21.doc cc: Public Works—T.Bell,Construction Current Planning,Community Development T--February 20,2005 APRIL 20 2flfl4 Davni Development,L.L.C. ATTESTED: i 18 Hillside Ct. JOHN SWEETEN, Clerk of the Board of Supervisors and Berkeley,CA 94704 American Contractors Indemnity County Administrator 242 E.Airport Drive,Suite 104 San Bemadino,CA 92408 Atm:Julia B.Leonard By ,Deputy RESOLUTION NO.2004/ 192 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8738, being developed by Davni Development, L.L.C., Martinez area. (District II) DATE: April 20, 2004 PAGE: 2 A. Cash Bond Performance amount: $3,521.39 g Auditor's Deposit Permit No. Date: - R Submitted by: Davni Development, L.L.C. ps Tax ID Number: 58-2678988 1 B. Surety Bond Bond Company: American Contractors Indemnity Bond Number: 174010 Date: April 1, 2004 Performance Amount: $352,139.00 Labor&Materials Amount: $176,069.50 Principal: Davni Development, L.L.C. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $8,400.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit No.: 421163 Date: March 16, 2004 Amount: $8,400.00 Principal: Davni Development, L.L.C. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. 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'�` .v- ' •> By; ✓ {Signature) Engineering Services Division (Print name&titfO-) EORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVE 4ENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including futureamendments thereto). Principal shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof,as required by the California Subdivision Map act((3ovemment Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §65499 and the County Ordinance Code,provide as security to the County: ?< , A. For Performance and Guarantee_ S t cash,plus additional security,in the amount: _;)j which 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. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pavment: Security in the amount:S 7 k x ' `_l which is fifty percent(50%)of the estimated cost ofthe work. Such security is presented in the form of. Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval ofwork and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. MEMIN'ITY. Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B, The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless ofwhether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnif.cat,or, covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indernrlity. 9. COSTS: Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. I Q. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract, overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequentlyproceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally, The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. Rt,:rDsad GAG+pData\Eng5v6FomiMG WDRMAG-30.doc Rev. Dctober25,2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of FC) OPTIONAL SECTION County of C IITAAe` � CAPACITY CLAIMED BY SIGNER On before me, t li .} $W�� R 0 x � i't ,;all l DATC , Though statute does not require the Notary to till in E NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to ^s n H persons relying on the document. personally appeared > t v i y� I� '�rMD�H6�11 NAME(S)OF SIGNER(S) INDIVIDUAL personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)'Is/are E subscribed to the within instrument and TITLE(S) i acknowledged to me that he/she/they executed PARTNER(S) LIMITED the same in his/her/their authorized GENERAL - capacity(ies),and that by his/her/their ATTORNEY-IN-FACT MAY a��AR signature(s)on the instrument the person(()) TRUSTEE(S) the entity upon behalf of which the person(() COM'#142MW acted,executed the instrument. GUARDIAN/CONSERVATOR WMARYPt►9UC'-CM OTHER: RFC0WRAC0$TAC0UW1 WITNESS my hand and official seal, COMAL EXP.MAY 26.ZV �'..= �� r„ d a SIGNER IS REPRESENTING: qP 10 RP {NAME OF PERSON(S)OR ENTITY(IES)) SIGN URE OF NOTARY 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 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. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Si ping party must be either a general partner or be authorized in writing to have the aut ority to sign or an in t e partnership. IV. SIGNATURES FOR CORPORATIONS Documents should e signe y two a icers,one from each of the following two groups: GROUP 1. a)The Chair of the Board b The President (c)Any Vice-President GROUP 2. a)The Secretary b)An Assistant Secretary c)The Chief Financial Officer 1d)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." rc,mw G:\GrpDaea\EngSvc\For s\WORD FORM5IALL PURPOSE NOTARY.doc RCv at 1,also) COUNTY Of CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ' MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER (Far Cash Cdiedion Procedures see,County Adarirjgmk s Bulletin 1054 Sulk DESCRIPTION FUND/OaC� ACCT. TASK PTIO ACTMTY .AMOUNT $ } 7"s 75 { i c 'S t Ljoa1 l "1?0 Ply, Alr4l4c-V &A bb, 01 qtr M.� OIL 4 ,� 34' . 116 {� 5 } EXPLANATION: TOTAL $ DEPOSIT . Deposit cots of the fallowing items t S " � _ Z2.012 I Im 0-L 6; P'7 67 ?& 6, COIN and CUftaENCY $_�� ��! CHECKS,MU XEu7TG ? BANK DEPOSITS $ f I t FOR AUDITOR-CONTROLLER USE ONLY It f ✓ ' -7 DEPOSIT PERMIT NUMBER "ATE 1 NW42 L— The curaount of rraorxry described abaMe isfine Treasvaaer's ' of above amount' oppraved Receipt of above amou is 'Ad�epasit into the County Tt xwiry. acknowledged.. - Deputy County A:aditor County Treasum _. ` l.VUNI T t.Jf'-%.�i.Jt MA I—VOIA IPUMT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA ' TO THE TREASURER: RECEIVED FROM J C tom) ORGANIZATION NUMBER (For cash Collection Procedures sea County Administrator's Bulletin 105.) DESCRIPTION FU1+ %{SRCx AC� TASK ACTIVITY AMOUNT onq 11,111 till . . .. . . . Ori i a i i I i i i i i , , } } EXPLANATION: TOTAL $ } .r DEPOSIT Deposit consists of the following item COIN and CURRENCY $ CHECKS.MU ETC: $ .. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE LIMY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby d"into the County T ry. ocknorvled pid. r Signed f EXT. 3-2 qq Deputy County Auditor Deputy County Treasurer D-34REV.(7-43) � ( 4 Z. ( '' � 0649-9665 / 8310000: G1137238, $5.954.0, Sub 8744, Landscape Plan Review Deposit, Windemere BLC Land Co. LLC, 3130 Craw Canyon #310, San Ramon, CA 94583 0649-9665 f 8310000: 61137239, $13.152.00, Sub 8773, Landscape Plan Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: G1137240, $23.934.00, RA 1151, Landscape Plan Review Deposit, Windemere RLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA, 94583 0649-9665 / 8310000: G1137241, $7,248. Sub 8778, Landscape Plan Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: G1137242, $6,866.00, Sub 8777, , Landscape Plan Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: 61137243, $7,630.00, Sub 8776, Landscape Plan Review Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: G1137245, $34,600.00, DA0028, Inspection Fee Deposit, Windemere BLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 8310000: 61137247, $3.500.00, FS 04000004-6183PV, Fee for Service, Ryder Companies, 1425 Treat Blvd., Walnut Creek, CA 94597 0649-9665 / 8310000: G1137251, $19,340.00, Sub 8738, Inspection fee Deposit, Davvi Development, LLC, 18 Hillside Ct., Berkeley, CA 94704 0649-9665 / 8310000: G1137256, $758.75, MS 01-00018, Inspection, Clyde Miles Construction Co. Inc. 2201 Harbor St. suite E, Pittsburg, CA 94565 0649-9665 / 8310000: G1137257, $3,621.20, MS 02-0007, Improvement Plan Check, Cathryn M. Richard, 1630 N. Main St. #450, Walnut Creek, CA 94596 0649-9665 / 8310000: G1137259, $15-000.00, bA 0035, Drainage Review, No Improvement Plans, Shapell Industries of Northern California, 100 N. Milpitas Blvd, Milpitas, CA 95035 819600-0800: G1137244, $6900.00, bA0028, Cash Bond, Windemere RLC Land Co. LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: G1137250, $3,521.31, Sub 8738, Performance Cash Bond, Davvi Development, LLC, 18 Hillside Ct., Berkeley, CA 94704 819600-0800: G1137252, $700.00, MS 3-00, Performance Cash Bond, Gene R. Schmidt, Inc., 940 Reliz Station Lane, Lafayette, CA 94549 821600-0800: G1138123, $19127.00, Sub 7976, SCC Dough Valley S. Reg, Fairfield San Ramon LLC, 5510 Morehouse Dr. Ste 200, San Diego, CA 92121 3/1.1"04 OLD REP$42 8738 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Roam 100 P.O. Box 631 ''��`` Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX ��lJ Tax Operations Supervisor [date: 311012004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# City T.R.A. 8738 MARTINEZ 76051 Parcel#: 158-170«029-7 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $8,400.00 This tract is not subject to a 1915 Act Bond. If subject to a 1015 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be resented to the County,Tax Collector for review and approval of aid uacf securi prior to fiiin with the Clerk of the Board of Supervisors. WILLIAM J. P(OLL.ACEK, Treasurer-Tax Collector County of Contra Costa Deposit Permit Office of County Auditor-Controller Martinez, California To the Treasurer: Received From TREASURER TAX COLLECTOR organization Number 0015 (Organization) 625 COURT ST. RM 100 Martinez, Ca. 94553 (For Cash Collection Procedures See County Administrator's Bulletin 105.) Description Fund/or Sub Acct Task Option Activity Amount SUBDIVISION TAX GUARANTEE 810900 0800 $8,400.00 REV#E' :i i C i �1'' r{`i `1' ' Total .. C,t S tAaX 0Q# C_ OT 741 1 4; deposit $8,400.00 SUBDIVISION TAX GUARANTEE TRACT I IVIS 8738 Deposit consists of the following items USE TO PAY TAXES 2004-2005 COIN and CURRENCY $ DAVE MARGEN CHECKS,M.O.,Etc. $i 400.00 DAVNI DEVELOPMENT, LLC BANK DEPOSITS $ 18 HILLSIDE CT FOR AUDITOR-CONTROLLER USE ONLY BERKELEY CA. 94704 DEPOSIT PERMIT NUMBER AND DATE ASSIGNED: 610-914-5478 DP # 421163 MAR 161 DATE 03/16104 The arnn nt of oney described above is for Deposit into Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. the Cou tY Tr Bury. approved. March 16, 2004 - Signed Date, 4 , Julie Com`` Agne : Signed: Deputy County Auditor Deputy County Treasurer D-34 Rev.(5/01)JAC ORIGINAL Subdivision: 8736 Bond No.: 174010 TWO YEAR PREMIUM: $5,262.00 I'pRoVEMNT SECuRITy BOND FOR SuDmsroN AGI EMENT (Performance,Guarantee and Payment) (California Government Code§§ 66499 -664.99.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 6738 as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OI3I,IGA—TION' DAVNI DEVELOPMENT, LLC as principal and AMERICAN CONTRACTORS INDEMNITY COMPANY a corporation organized and existing under the laws of ,State of CALIFORNIA and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa,California.to pay as follows: A. Performance and Guarantee, THREE HUNDRED FIFTY TWO THOUSAND ONE HUNDRED THIRTY NINE 00/100's Dollars($ 352,135.00-------------___...Z__-_)for Contra Costa County or any city assignee under the above County Subdivision Agreement, B. Payment. ONE HUNDRED SEVENTY SIX THOUSAND SIXTY NINE 50/100's--------------------- Dollars ($ 176,069.50--—--------------------)to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division Ill 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, 0 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 �ig-eemant and any alteration thereof made as therein provided, on it or its part, to be kept and perfo zned at the time and in the manner therein specified and in all respects according to their true in µut and meaning and shall indemnify and save harmless the County of Contra Costa (or city ,sig ee) its r.ffi.cers, agents and employees,as therein stipulated.,then, this obligation shall become null and void; otherwise it shall be and remain in full force and efflect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and tees, including reasonable attorneys fees,incurred by the County of Contra.Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered.. B. The condition of this obligation, as to Section (23.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound untA the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials fin-nished, labor of any kind, or for amounts dine under the Unemployment Insufance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs, expense's 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 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 snit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without fiuther notice to or consent by the 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 the principal whenever taken. SIGNED AND SEALED On APRIL 1, 2004 PRINCIPAL' DAVNI DEVELOPMENT LLC SURETY: AMERICAN CONTRACTORS INDEMNITY COMPANY Address: 18 HILLSIDE COURT AddrG$s: 242 E. AIRPORT DRIVE, SUIT= 104 City: BERKELEY, CA Zip: 54704 City: S ERNARCINO, CA ip: 92408 By: � ,' r; �,_ JULIA B. LEONARD Print h am e: � J y�� �, � Print Name: Title: 7 k e 11,E Title: Attorney-in-Fact 41�s PD:mw:fao GAGrgD=u EngSvcTor=\D? WOPM�BN-IZADc Ktv.Ncvembcr 2B,2400 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On 'APR 1 2004 before me, S.L. K1fSETH, NOTARY PUBLIC Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared JULIA B. LEONARD,ATTORNEY IN FACT Name(s)of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he(she/they executed the same in .lrr�lr.�wr,�l his/her/their authorized capacity(ies), and that by hislher/their S. L 05M signature(s) on the instrument the person(s), or the entity upon Cr MMWIM#1274MI behalf of which the person(s) acted, executed the instrument. Notay?Ubc---Cam M sawirdrxo comity WITNESS my hand and official seal. My C 1friM.bq*ft Sep t Z ignatur o otary Public --------------------------------�._-_--Of'1-!©NAL--------------------__----------_---_--__ Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Maimed by Signer(s) Signer's Name: Signer's Name: 71 Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Titles(s): ❑ Title(s): ❑ Partner-❑ Limited ❑ General ❑ Partner-❑ Limited ❑ General ❑ Attorney-in-Fact ❑j Attorney-in-Fact ❑ Trustee ❑ Trustee Guardian or Conservator ❑ Guardian or Conservator ❑ Other: r of rhumb here F1Other: Top of b here Signer Is Representing: Signer Is Representing: BO-1133 09/00 BOND N0. 174010 American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY; a California Corporation (the"Company") and having its principal office in Los Angeles,California does hereby constitute and appoint: , Mark N. Gladding, Kenneth A. Coate, Julia B_ Leonard as its true and lawful Attorneys)-in-fact,in amount of$ 500,000-00 ,to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instrument(s)in pursuance of these presents,shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY,as fully and amply,to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEN ,�ITY' COMPANY,at a meeting called and held on the 6th day of Decernio�,i, 1990. RESOLVED that the Chief Executive Officer,President or any Vice President,Executive Vice President,Secretary or Assistant Secretary, shall have power and authority. 1.To appoint Attorneys)-in-fact and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto;bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2.To remove;at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to driy's'uch power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and Certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument'to be signed and its corporate seal to be affixed by its authorized officer this -1-st day of January 2000 CTO R�j AMERICAN CONTRACTO IMPANY ,5 filC0�P0�A7ED � F3y. SEP(25,199D Andy Faust,President STATE OF CALIFORNIAI �p' COUNTY OF LOS ANGELES On January 1. 2000 before me, Deborah Reese personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DEBRE1:SE Commission# 1205480 -,� Notory Public----C _litomia Los Angeies County ,•'�� U �-°�L- r.�'t �'�. ..,. CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,and that same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this 15 C day of APRIL 2004 L CT' 3 James H. Ferguson, Secretary _ _. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of 0.0onf-A I OPTIONAL SECTION County of " t CAPACITY CLAIMED BY SIGNER On H h d% 0 before me, # WA q w,"i NOT # � I) ( 10 Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.,"SANE DOE,NOTARY PUBLIC- the data below,doing so may prove Invaluable to personally appeared ?' W.WR. 'W AW) persons relying on the document. NAMES)OF SIGNER(S) INDIVIDUAL personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TrME(s) subscribed to the within instrument and acknowledged to me that helshe/they executed PARTNER(S) LIMITED the same in his/her/their authorized GENERAL capacity(ies),and that by his/her/their MAY M tJNAR signature(s)on the instrument the person(s)or ATTORNEY-FIV-FACT COMhA#14 the entity upon behalf of which the person(s) TRUSTEE(S) NOTARYPtf&IICCAUF{3�lI# acted,executed the instrument. GUARDIAN/CONSERVATOR ffCONTRA COSTA CC1tlh1'I"!' OTHER.: comm.Exp.MAY 26.2W7.a WITNESS my hand and official seal, ,yam SIGNER IS REPRESENTING: ,�/ }''• - (NAME OF PERSON(S)OR ENTITY(IES)) SIGNAT tE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document_ TO THE DOCUMENT AT RIGHT. Number of Pages I 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 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 signs exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Sigping party must be either a general partner or be authorized in writing to have the authority to sign for an in t e partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a signs y two o kers,one from each of the following two groups: GROUP 1. �a)The Chair of the Board b)The President c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 3C:mW O:\GrpD&MEr.gSvcToffn\WORD FORMSI,kLL PURPOSE NOTARY.doc