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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) SGxm 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 F ka_ � v ems. 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. t �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. t 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. i k. k 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. ; s 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, s` I 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 RL:kw \1PWS41SHAWATAirrpData\EngSvctFornl$1AG wORMAG-24.doe Rev.April 6,2000 s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 3 State of California ss. County of On Hmu t " before me, ate Name and Title of Othtcer(e.g.,"jana Doe,Notary Pubiicl 1 personally appeared �.-•`�i ACJ C7 �t�"'� Namets)of Signer(s) 'personally known to me 0 proved to me on the basis of satisfactory evidence to be the person fa) whose name(e) is/tee =a subscribed to the within instrument and KAREN L.ISENM acknowledged to me that helsheAh"executed (:c nynbr[on# 137 7 the same in his/her/their authorized Notary RA*c -6�iwo capacity(k,*, and that by �s/her/hath Contra Costa County MVCWIM.F9*e$«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 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 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 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(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 td .� >.,, _ _... wvvs lt ! w•r wvs�rn.n wvstF.,, ....� .. . .. _ _ �� _. 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 ` 7 17 k t, /. lr 1 lam;,., i-..+ _ / .✓.`.: i,., 't :. yr f } k r k } • t i t k k k }, t r # i r r } } k l :XPLAN TION: - f TOTAALDEPOCiT r 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 v 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 +' 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 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 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