HomeMy WebLinkAboutMINUTES - 04052005 - 2005 RES 191 C7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on April 5, 2005,by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER AND UILKEMA
NOES: DONE
ABSENT: SUPERVISOR FEDERAL GLOVER
ABSTAIN: NONE
RESOLUTION NO. 20051 1.91
SUBJECT: Approving the Road Improvement Agreement for Camino Tassajara,RA 04-01162,
Subdivision 8331,being developed by Danville Tassajara Partners,LLC,San Ramon
(Daugherty Valley) area. (District IIl)
The following document was presented for Board approval for Camino Tassajara, road
7 acceptance file RA 04-01162 (Subdivision 833 1)property located in the San Ramon (Dougherty
Valley)area, Supervisorial District HL
A Road Improvement Agreement with Danville Tassaj ara Partners,LLC,principal,whereby
said principal agrees to complete all improvements,as required in said road improvement agreement,
within one year from the date of said agreement. Improvements generally consist of roadway
improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator: Public warn(ES) on the date shown.
Contact: Teri Ric(313-2363)
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G:1GrpDatalEngsvc'aO\2005\04-05\RA 04-01162 130-15.dac APRIL 05 2005
cc: Public works-T.Bell,Construction ATTESTED:
Current Planning,Community Development j�j SWEETEN,T-February 5,2006 , Clerk of the Board of Supervisors and
Danville Tassajam Partners,LLC County Administrator
6121 Bollinger Canyon Rd.,Ste 500
San Ramon,CA 94583
Attn:Brian Olin
Hartford Fire Insurance Company
One Point Drive
Brea,CA 92821-2333 By s Deputy
Attn:Patricia Brebner
RESOLUTION NO.2005/ 191
SUBJECT: Approving the Road Improvement Agreement for Camino Tassaj ara,RA 04-01162,
Subdivision 5331,being developed by Danville Tassajara Partners,LLC,San Ramon
(Dougherty Valley) area. (District M)
DATE: April 5, 2005
PAGE: 2
I. Cash Bond
Performance Amount: $14,600.00
Auditor's Deposit Permit No. DP 440164 Date: February 28, 2005
Submitted by: Danville Tassajara Partners, LLC
Taxpayer identification number: 20-1461254
H. Surety Bond
Bond Company: Hartford Fire Insurance Company
Bond Number and Date: 72BSBDH7672 February 25, 2005
Performance Amount: $1,447,600.00
Labor&Materials Amount: $731,100.00
Principal: Danville Tassajara Partners,LLC
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2005/191
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ROAD NPROVEMENTAGREEMENT
'Developer: I,ennar.Cammunitles Effective Date: January 26.201I5
Development: RA 1162 fCrowReference 8UB 8331) Completion Period: I year
Road: Cgmino,Tassaiara DANVILLE TASSAJARA PARTNERS,LLC,
a Delaware limited liability company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By: Lennar Homes of California,Inc.
CONTRA COSTA COUNTY DEVELOPER a California corporation,
� .� Its Managing Member
Maurice M.Shiu,Public Works Direct
Ey' (signator C tr�t'StCC� �'
(print name Ik ti Lynn Joe- m,Vice Prudent
;'RECOMMENDED FOR APPROVAL
x13y; (signs re)
EnOnee g ices Division (print name&title)Pa J.Nen ker,Asst.Secretary
FORM APPRO D- Victor J.Westman,County Counsel
(NOTE: All siVuwres to be wknowledged.If Subt jA&r is incorporated,sigoaum must
conform with the designated reptesetaadw grout pmuant to Corporations Code 5313.)
Ai. PARMS&DAT1.Bffeotive on the above date,the County of Contra Costa,California,hereinafter called"County."and the above-mentioned Dovelooer,
mutually promise and agree as follows concerning this development:
2. WROIT&EN'i'S. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on
Erie with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). I
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 trade thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
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�3. IMPROVEMENT SECURIT'SC. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
GoYtrrty: 1
A. For Performance and(rusamtoo- $ 14.600.00 cash,plus additional security,in the amount of$ 1.447,600.00
rhich together total one hundred percent(I00%)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.
i
Acceptable irrevocable letter of credit. j
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.
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B. For Pa ent: Security to the amount of$ 731.100.00 which is fifty percent(50%)ofthe estimated cost of the work. Such securi
Ym ty' �'p ( ) tyis
presented in the form of {
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
i
Acceptable irrevocable Ietter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
!may be reduced in accordance with S94-4.406 and S94.4.408 of the Ordinance Code.
j
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance"•
.of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
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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 wateringplants,replacing unsuitable plants,doing weed,rodent and other pestcontrol 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 Hoard of Supervisors accepts the work as complete.
i
6. IMPROVEMPNT ALANWARRANTY. Developer warrants the improvement plants 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 Hoard 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,
i
7. NO WAIVER.BY COUNT"4' 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 ofhis 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. I
s
8. INDE(yiNWM Developer shall hold harmless and indemnify the indemnitees from the Iiabilities 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, j
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 hability 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 theta;
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(a)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the
alleged damage resulted partly fore/any negligent or willful misconduct of any Indemnity. ;
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9. MM: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby,
10. NQN-PERFOPMANgE AND OM:If Developer fails to complete the work within the time specified in this Agreement,and subsequent err ensions,or 1
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,
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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.
I
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.
f
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
M INCOMRA O IANNEX TION. 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,band,or letter credit scouting said rights shall be i
transferred to the new or annexing city. Such city shall have all the rights of n third party beneficiary against Developer,who shall fulfill all the terms oftbis agreement
as though Developer had contracted with the city originally.
i
12. CONSIDERATION. In consideration hereof: !
(Check applicable section(s))
T 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. i
_ Other(requires County Counsel approval f
1
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\1PWS41SHAWATAirrpData\EngSvctFornl$1AG wORMAG-24.doe
Rev.April 6,2000
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
3
State of California
ss.
County of
On Hmu t " before me,
ate Name and Title of Othtcer(e.g.,"jana Doe,Notary Pubiicl
1
personally appeared �.-•`�i ACJ C7 �t�"'�
Namets)of Signer(s)
'personally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person fa) whose name(e) is/tee
=a subscribed to the within instrument and
KAREN L.ISENM acknowledged to me that helsheAh"executed
(:c nynbr[on# 137 7 the same in his/her/their authorized
Notary RA*c -6�iwo capacity(k,*, and that by �s/her/hath
Contra Costa County
MVCWIM.F9*e$«t7, signatures}on the instrument the person(e), or
the entity upon behalf of which the person(e)
acted, executed the instrument.
WITNES y hand and heal eal,
Signature of No ry Publt
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document mate: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(iea) Claimed by Signer
Signer's Name:
ED Individual Top of thumb here
E3 Corporate Officer —Title(s):
7 Partner --El Limited ❑General
❑ Attorney-in-Pact
C Trustee
O Guardian or Conservator
El Other:
Signer Is Representing:
0 1999 Nationat Nctary Aasooiatw•9350 De Soto Ave.,A.O.Box 2402-Chatsworth,CA 91319.2402•www,nattonalnotary.org Prod.No.5907 Reorder:Call Toll-Free 800.876-8827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Califomia
ss.
County of L oOT�'
Can Q before me, ) C)EEE A:l, ft 0—rAf_'-? Po6uc ,
a �# Name and Title of O ftoer(e.g.,'ifine Doe.Notary Pubtle")
personally appearedfISL €'9>✓
Name(s)of Signer(s)
X personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(e) whose name(-&) is/ate
KAREN 1.. subscribed to the within instrument and
Ctxnrrii gon 8 1378W acknowledged to me that he/s4et44ey executed
Notary PutAc -C+aRomio the same in his/hef4he+r authorized
Car*a Coxb county IF capacity(iaa;, and that by his/herAlv,*
k4VCotni 1Vkes«t7,2006 signature(*on the instrument the person(*, or
the entity upon behalf of which the person(e�
acted, executed the instrument.
WITNESS y hand a o ic' l seal.
Signature of tart'Pubs
OPTIONAL
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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(ies)Claimed by Signer
Signer's Name:
❑' Individual Top of thumb here
❑ Corporate Officer —Title(s):
Partner— ❑Limited ❑General
Attorney-in-Fact
❑r Trustee
❑ Guardian or Conservator
❑ Other:
1
Signer Is Representing: �
0 1999 National Notary Association•9350 Do Soto Ave..P.(),Box 2402-Chatsworth,CA 91313-2402-www.nat;onalnoiaryorg Prod.No.5907 Reorder:Cali Toff-Free 1-800-876.8827
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DEPOSIT PERMIT ,.,�✓r j .
OFFICE OF COUNTY AUDITOR-CONTROLLER
ra c d5llitER: MARTINEZ,CALIFORNIA
ZECEWD FROM
ORGANIZATK N NUMW
(For Cash Collection Procedures see County A tmtor's&&tin 105.)
DESCRIPTION FUM/ORG. SUE. TASK OPTION ACTIVITY AMOUNT
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:XPLAN TION: - f TOTAALDEPOCiT
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Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M-0,ETC:. $7-T!,
r'�r 7/i ;( SAW DEPOSITS
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT D
NUMBER
DATE 4401F,4 J I `
ASSIGNED - — —
The amount of money ci,escribed above is for Tress s receipt of above amount i3 opprovet3 amount of above ount is hereby
cioposit into the County Treasury acknawiedged
J— 1 }
"EXT. (" Deputy my Auditor y Deputy County Treasurer
34 REV.(7-93)i,,-1i
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819800-0800: 61160130, $14,600.00, RA1162, Cash Bond, Danville Tasajara
Ptrs, LLC, 6121 Bollinger Canyon RD, Suite 500, San Raton, CA 94583
0649-=9665 / 831000: G1160129, $2.510.75, MS 03-0022, Inspection Fee
Deposit, Paul D. Christensen, PO Box 649, Alamo, CA 94507
0649-9665 / 831400: 61160131, $69,300.00, RA1162, Inspection Fee
Deposit, Danville Tasajara Ptrs, LLC, 6121 Bollinger Canyon RD, Suite 500,
San Ramon, CA 94583
0649-9665 / 831000: 61160132, $3,000.00, RA1162, Civil Plan Review,
Danville Tasajara Ptrs, LLC, 6.121 Bollinger Canyon RD, Suite 500, San Ramon,
CA 94583
COUNTY CONTRA COSTA -- CEDER RECEIPTTHIS COPY IS +� ((^��
DEPT. �" G f",a' Gc✓ ' NOT A RECEIPT l 1 V
DOLLARS$ ✓� '
FOR
CASH ACCT.
BAL.
RECEIVED FROM
1 AMT-
CHECK sr
✓l l //� ! ' v%f C�'t ? .--57 PAID •....�.»
j MONEY BAL.
ORDER ; DUE
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By:
(057, REV.7189)
Executed in Duplicate
Bond No.: 72BSBDH7672
Development. RA 1162(Cross-Reference SUB 8331)
Premium: $14,476.00
IMPROVEMENT SEt<URJTY BOND
FOR ROAD IMPROVEMENT AGREEMLNT
(Performance, Guarantee,and Payment)
(California Government Code §§ 66499-66499.10)
I. RPCiTAL OF ROAD IMPROVEMENT ACTtEBMENT: The Developer(Principal)has executed an agreement
(Road 'improvement Agreement) with the County to install and pay for street, drainage and other
improvements on,or along Camino Tassajm to complete said work within the time specified
for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION: Danville Tassaiara Partners.L.L.C. ,as Principal and
Hartford Fire Insurance*a corporation organized under the laws of the State of Connecticut ,
and authorized to transact surety business in California, as Surety, hereby jointly and severally bind
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra. Costa,
Callforrua to pay as Follows:
*Company
A. Performance: One Million Four Hundred Fourty-Seven Thousand Six-Hundred and 0/100
Dollars($ 1,447,600.00 )for itself or any city assignee under the
above County Road Improvement Agreement,plus
B. Payment: Seven Hundred-Thirty-One Thousand One Hundred and 0/100
Dollars(S 731,100.001tosecure the claimstowhich reference
is made in Title 15 §§ et seq. of the Civil Cade 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 banded
Principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things
stand to and abide by and well and truly keep and perform the covenants,conditions and provisions
in the said agreement and any alteration thereof made as therein provided on it or its part,to be kept
and performed at the time and in the manner therein specified and in all respects according to their
true intent and meaning and shall indemnify and save harmless the County of'Contra Costa or city
assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void, otherwise it shall be and remain in full farce 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 clue 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 atto ey'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 m 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
3092 of fart 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be folly 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 band and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on February 25, 2005
MANVILLE TASSATARA PARTNERS, LLC, a Delaware limited liability company
By: LENNAR HOMES OF CALIFORNIA, INC. , a California
PRINCIPAL: corporation, its Member SURETY: HARTFORD FIRE INSURANCE COMPANY
Address: 25 Enterprise Address: One Pointe Drive
City: Aliso Viejo, CA 92656 City: Bea, CA 92821-2333
Print Name. David Evans Print Name: Patricia H. Brebner
Title: Vice President Title: Attorney-in-Fact
G 1GryUswtFt ycU untncBn WORMUN-9 oc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Oran e
On February 28,_2005 before me, Cordon J. Peterson, personally
appeared David Evans, 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.
tMWJ.PETERSM
Witness my hand and official seal. Camffwlatart#fes'°
Nowty��-ca
,: oM co�u,t.yft.yyyg
ZLI�L_
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer--Vice President Lennar Humes of California. Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Bond No. 72BSBDH7672
Number of Pages: One (11
Date of Document: February-25, 2005
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE AC C1WLEDGMENT No.5907
State of California
County of Change
On February 25 2005 before me, Angela Petropoulos,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
Z 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 helshe/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
i ;41 P8T#
Cam►tmlaaion##1539595
oronW County WITNESS my hand an offici seal.
1MV0X=—bPk"Uec 25.XXX
SIG TURE F NOTARY
OPTIONAL
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could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
[� TRUSTEE(S)
[� GUARDIAN/CONSERVATOR NUMBER OF PAGES
[� OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Rammet Ave.,P.0) Box 7184•Canoga park,CA 813087184
,,:fi�rr N +v
14AratTr':M PLAZA
HAFtTF4 CONNEC IOUTC►IS —
' � Twin City Fire Insurance Company
Hartford Fire insurance Company .
Hartford-Casuilty Insurance Company Hartford insurance Company of Illinois
Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest
Hartford Underwriters Insurance Company Hartford insurance Company of the Southeast
KNOW ALL,PERSONS BY THESE PRESENTS THAT the Harffotd Plane lnsumnc a Compsny, Harflbrd Accident and Indernnky
Company and Hatari'fcrrrf Underm tem insurance Company,corporations duly organized under the laws of the State of Connecticut;Hartford
Insurance Company of iflinols,a corporation duly organized under the laws of the State of 1111nols; Hertford Casualty Insurance Company,
Twin City Fire Insurance Company and Harf ord Insurance Company of the Mldwesf, corporations duly organized under the laws of the
State of Indiana; and Hetfftrrd Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida;
having their home office in Hartford,Connecticut, {hereinafter collectively referred to as the°Companieel do hereby make,constitute and
appoint,up to this amount of unlimited.-
Mike Paadzino, Linda Enright,Jeri Apodaca,Janina Monroe, Rhonda C.Abel,Patricia H.Braabner,Alexis H. Bryan,
Jane Kepner,Leigh McDonough, Nanette Mariefls-Myers,Jaynes A. Schaller
or
Irvine, CA
Meir true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety(les)
only as delineated above by 0, 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 proosedings
allowed by law.
In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on September 12th,2000,
the Companies have caused these presents to be signed by Its Assistant Vice President and its corporate seals to be hereto affixed,duly
by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby
unambiguously affirm that they are and will be bound by any mechanlcalty applied signatures applied to this Power of Attorney.
w
c *9 lot to raw r s It r
AN"No 90
Paul A.Segenholtr,Assistant secretary John P.Hyland,Assistant Vice President
STATE OF CONNECTICUT
SS, Hartford
COUNTY OF HARTFORD
CM this 1 e day of September,20DO,before me personally came John P.Hyland,to me known,who being by me duly swum,did
depose aqui say:that he resides in the County of Hartford,State of Connecticut;that he Is the Assistant Vice President of the Companies,
the corporations described In and which executed the above Instrument that he knows the seals of the said corporations; that the seals
affbad to the said Instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations
and utast he signed his name thereto by like authority.
a
Jan K Wozniak
My Commission B*kw 3emw 30,2004
1,the undersigned,Assistant Vice President of the Companies,DO HERESY CERTIFY that the above and foregoing is a true and
corred copy of the Power of Attorney executed by said Companies,which Is sthl In fug force effective as of February 25, 2005
Signed and seated at the City of Hartford.
*arra sOr
oft
C.,s��'r�'rt.�"4-mac- ✓
Colleen Maastrolanni,Assistant Vloe President
lnsurves Name
Danville Tassajara Partners, LLC
Insurses Mailing Address
6121 Bollinger Canyon Road
Suite 5003
San Ramon, CA 94583
Policy Number
72BSBDH7672
IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS -
TERRORISM RISK INSURANCE ACT OF 2002
You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective
November 26, 2002, we must mane terrorism coverage available In your bond/policy.
However, the actual coverage provided by-your bondipolicy for acts of terrorism, as Is true for
all coverages, Is limited by the terms, conditions, exclusions, limits, other provisions of your
bondipolicy, any endorsements to the bond/policy and generally applicable rules of taw.
Any terrorism coverage provided by this bond/policy Is partially reinsured by the United States
of America under.a formula established by Federal Law. Under this formula, the United States
will pay 90%of covered terrorism losses exceeding a statutorily-established deductible paid by
suretiestinsurers until such time as insured losses under the program reach$100 billion. If that
occurs, Congress will determine the procedures for, and the source of, any payments for
losses in excess of$100 billion.
The,premium.charge that has been established for terrorism coverage under this bond/policy is
either shown on this form or elsewhere In the bondipolicy. If there Is no premium shown for
terrorism on this form or elsewhere In the bond/policy, there Is no premium for the coverage.
Terrorism premlum; $U771
Form B-3353-0 Fie 9 of 9
0 2002,The Hartford