HomeMy WebLinkAboutMINUTES - 03062007 - C.10 s Contra
�TO: BOARD OF SUPERVISORS •:-� -; �
1. = � .
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR n.1�
�
Costa I
DATE: March 6, 2007
�t CoCounty
SUBJECT: Approve the Road Improvement Agreement for Stone Valley Road widening,Road Acceptance 05-
01205 (cross-reference Subdivision 04-08905), for project being developed by Davidon Homes,
Alamo area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOM.MENDATION(S):
ADOPT Resolution No. 2007/117 for Road Acceptance 05-01205 (cross-reference Subdivision 04-08905),
approving the Road Improvement Agreement,for project being developed by Davidon Homes,Alamo area.(District
III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Public Works Department has reviewed the improvement plans for Road Acceptance 05-01205(cross-reference
Subdivision 04-08905) and has determined that they satisfy the requirements of the Conditions of Approval for
Subdivision 04-08905.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be approved.
Continued on Attachment: ✓ SIGNATURE•
L-ffEC0N9MENDATION OF COUNTY ADMINIST OR
RECOMMENDATION OF BOARD COMMITTEE
'PROVE OTHER
SIGNATURES
ACTION OF BO R ON Cl.Y D APPROVED AS RECOMMENDED OTHER
v0T,E OF SUPERVISORS /' I hereby certify that this is a true and correct
UNANIMOUS(ABSENT D72e— ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
All:vz
G:\L-neSvc'.BO\2007'1,03-06\130-15 RA 05-1205.doc
Originator: Public works(ES) ATTESTED: 4ger-O/�
Contact S.Gospodchikov(313-2316)
cc: Public Works- Construction JOHN CULLEN, Clerk of the Board of
Current Planning,Community Development
T-January 6,2009 Supervisors and County Administrator
Davidon l omcs
1600 S.Main Street,#150
Walnut Creek,CA 94596
Attn:Steve Abbs
Liberty Mutual Insurance Company
J,/One Front Street.#1925 By , Deputy
�- San Francisco,CA 94111
Am,:Kathleen Beck
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March G, 2007 by the following vote:
AYES: Gioia, Uilkema, Bonilla, :
GloA-er and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2007/
SUBJECT: Approving the Road Improvement Agreement for Stone Valley Road widening,Road
Acceptance 05-01205 (cross-reference Subdivision 04-08905), for project being
developed by Davidon Homes, Alamo area. (District III)
The following document was presented for Board approval for Stone Valley Road, Road
Acceptance file 05-01205 (cross-reference Subdivision 04-08905) property located in the Alamo
area, Supervisorial District III.
A Road Improvement Agreement with Davidon Homes, principal, whereby said principal
agrees to complete all improvements, as required in said road improvement agreement, within two
years from the date of said agreement. Improvements generally consist of curb, gutter sidewalk,
pavement widening storm drainage, signing and striping.
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
AH:v, taken and entered on the minutes of the Board of Supervisors
G:"F.ngSvc\130\2007\03-06\BO-15 RA 05-1205.doe on the date shown.
Originator: Public Works(ES) n A '4
Contact: S.Gospodchikov(313-2316) ATTESTED: lQ/XV 'Ve ge4w,7
cc: Public Works- Construction
Current Planning,Community Development JOHN CULLEN Clerk of the Board of Supervisors and
T—January 6,2009
Davidon Hotnes County Administrator
1600 S.Hain Street,#150
Walnut Creek,CA 94596
Attn:Steve Abbs
Liberty Mutual Insurance Company
One Front Street,#1925 By , Deputy
San Francisco,CA 94111
Attu:Kathleen Beck
RESOLUTION NO.2007/ ��
SUBJECT: Approving the Road Improvement Agreement for Stone Valley Road widening, Road Acceptance
05-01205 (cross-reference Subdivision 04-08905), for project being developed by Davidon
Homes, Alamo area. (District 111)
DATE: March 6, 2007
PAGE: 2
1. Cash :Bond
Performance Amount: $12,114.00
Auditor's Deposit Permit No. DP 467071 Date: July H,, 2006
Submitted by: Davidon Homes
Taxpayer identification number: 94-2795275
11.. Surety Bond
.Bond Company: Liberty Mutual Insurance Company
Bond Number and Date: 070004775 February 13. 2007
Performance Amount: $1,199,286.00
Labor & Materials Amount: $605,700.00
Principal: Davidon Homes
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. 2007///?_
ROAD IMPROVI'MENT AGREEML:N'I'
Developer: DAVIDON HOMES Effective Date: �Y°�v�L 'r'�
Development: ALAMO CREST (SD 8905) P 05'1205 Completion Period: 2 years
Road: STONE VALLEY ROAD
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER
Maurice M.Shiu. Public Works Director
13y: � � (signature)
✓
(print name&t NNI J. RAZZARI, Vice President
RECOMMENDED FOR APPROVAL
I v 1
I3\': l%C!"— ` (/' • (signature)
Engineerin Services Division (print name&title) ��—
y2• (314,QY6,t_
FORM APPROVED: Victor J. Westman,County Counsel J
(NOTE: All signautres to be acknowledged. If Subdivider is incorporated.sipatures must
conform with the designated representative groups pursuant to Corporations Code S3 0.)
1. PARTIES&DATE.Effective on the above date.the Count}'ofContra Costa,California hereinafter called"County,"and the above-mentioned Developer,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire
hvdrants,landscaping.and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on
file with the Contra Costa County Public Works Department and in confonnance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from date bereol'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,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: o0_ cash.plus additional security.in the amount of$ 1,199 t286.00
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.
XX Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any deflective workmanship or materials or any unsatisfactory performance.
B. For Pavment: Security in the amount of$ 605,7 00.00 which is fifty percent(50%)of the estimated cost of'the work. Such security is
presented in the form of:
Cash.certified check,or cashier's check
XX Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security. the Developer guarantees payment to the contractor,to his subcontractors, and to persons renting equipment or furnishing labor or
materials to them or to the Developer.Upon acceptance of'the work as complete by the Board of'Supervisors and upon request of the Developer,the'amount securities
may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be face 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.
NOTARY ACKNOWLEDGMENT
State of California }
County of Contra Costa }
On February 13, 2007, before me, Alberta F. Martling, a Notary Public in and for said State,
personally appeared Dennis J. Razzari and Jeffrey R. Thayer, personally known to me to be
the persons whose names are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
ALBERTA F.MARTUNG
Commission#1517159
WITNESS my hand and official seal. Notary Pubbc-CaWMIO
Contra Costa county -
W Comm.Ezpkw pct 29,2008
Signature: _
Name: Alberta F. Martling
(Seal)
OPTIONAL:
DESCRIPTION OF ATTACHED DOCUMENT: Road Improvement Agreement between Contra Costa
County and Davidon Homes for Alamo Crest, SD 8905.
CAPACITY OF SIGNERS: Dennis J. Raz_rari and Jeffrey R. Thayer—Vice Presidents of Davidon
I tomes.
OU NTY OF CONTRA COS
5. ._
.DEPOSIT:PERMIT TA i ..
C
OFFICE OF COUNT -AUDITOR CONTROLLER'A.
MA
RTINEZ,CALIFORNIA ..
TO THE:TREASURER:
RECEIVED FROM
Public Works
ORGANIZATION NUMBER. ,.65.0
jurganizanon
(For Cash Collection Procedures:See County Adrriinistratoes:Bulletii
DESCRIPTION FUND/.ORG SUB. TASK OPTION ACTIVITY AMOUNT..,..
ACCT. .
Sales Tax 100300 .0637 6.13. .
Sales of Plans';& Specs 004500 9931%1 REV . 16AO196 87:2.1
Corner Records '000651 9660 6LO88D 20.00
Notary Fee
004500 .99.75 1:0.00. .
:
Trust Funt9
000649 9665 87000:00
:
819800t0800 :12;1`14.00: ,
000682 :9755 68;00:0'.00.:
TOTAL $
Acctng:01202535 DEPOSIT 88,237:34
Deposit consists of the following items
Eng Svcs: G1202564, 1202565,1202567, 1202569, 1202570, 12025721.120573. COIN:and CURRENCY $ , 10.00:
1202579 Voids: G1202571, G1202575-G1202577 (CHECKS .M.o.;ETC. $: `.. 88,237.34 :.
BANK DEPOSITS .. $.
FOR AUDITOR-CONTROLLER USE ONLY' ;
DEPOSIT
PERMIT 7T rp
NUMBER
,'
DATE... I�Ir..
ASSIGNED
.y ri
The amount of money described above is for Treasurees receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury.
SignBtl
Signed: CZ� Signed
.,
Tffl /; +.. 50, „� �`„•�, +`:` De Count uiiitor Dep County Treasurer
D-34 93) .�v .
0682=9755: 61202535, $68,000.00, Keller Canyon Landfill Mitigation Study
(0676-6P4293), Awin Management Inc, C/O Allied Waste No America,Inc.,
15880 N. Gteenway -Hayden Loop, Suite 100, Scottdale, AZ 85260
819800-0800: G1202569, $12.114.00, RA 05-1205, Cash Bond, 1)avidon
Homes, 1600 South Main St., Suite 150, Walnut Creek, CA 94596
0649-9665 / 112300: G1202573, $8,000.00, 51)03-8744, Plan Review,
Discovery Builders, Inc., 4061 Port Chicago, Concord, CA 94520
Bond No.: 070004775
Development: Alamo Crest SD 8905
Premium: $10,794.00
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: 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 Stone Valley Road 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: Davidon Homes ,as Principal and
Liberty Mutual Insurance Comp , a corporation organized under the laws of the State of Massachusetts ,
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: One Million One Hundred Ninety-Nine Thousand Two Hundred Eighty-Six and
00/100 Dollars($1,199,286.00 )for itself or any city assignee under the above County Road
Improvement Agreement, plus
B. Payment: Six Hundred and Five Thousand Seven Hundred and 00/100 _
Dollars ($605,700.00 ----------------------------) to secure the claims to which reference is made in
Title 15 §§ et seq. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal,
or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by and well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa or city
assi piee,its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
THIS..POWER.OF:ATTORNE:Y IS NOT.VALID UNLESS IT IS PRINTED ON RED BACKGROUND: :. ..:
This::Power:of.Attorney limit§:the acts of those nam ,
ed herein and the have.no authorif to bind the Com an e.x e t.intfie:mannerand to
..
the:extent'herein stated:
LIBERTY.MUTUAL.INSURANCE COMPANY
BOSTON, :..
OWER OF ATTORNEY
KNOW"ALL PERSONS ;BY'::THESE:.PRESENTS: That.Liberty Mutual. Insurance .Company.(the "Company"),.a.:Massachusetts stock:insurance
com an ursuant:tb and b authors
p y p y ty:of.the:By law and Authorisation hereinafter::set forth,does.hereby r a"e;.constitute and:appoint ..
JAMES C;:JENKINS,MICHAEL.G.HOGAN;KATHLEEN BECK,VIVIAN GOLSTON,BILLY G..BERGA14 ALL OF.THE.CITY.
:OF.CONCORD STATE:O .FO.CALIF R
.. NIA.....:: .. ..: :: ............: ::....... .... ... .
...
....
.
each:individually if there.be more than.ona.named,'its true and.lawful attorney-in-fact:.to:make,execute,seal,acknowledge anii.deliver;'for and.on its'..
behalf:as surettyy and.as its act and deed,am and all undertakings, bonds, recognizance$and other.sure.obligations in the penal sum not exceeding:'. .'
FIFTY MILLION AND 00/100************ ******* ($ 50;000, 00.00*****
DOLLARS )"ea h,and the
. ..:execution of such:undertakings;'bonds','..recognizances:.and other surety obligations,'in.pursuance:of.these'presents; shall be as.binding upon:the
had been duly sr
Company as:if.they gnednt.
by presideand.attested'by the secretary of the Companyin their own.proper persons..:::
:That this: ower.is made And executed pursuant to and b authority:of:the fol.. B law and
P P.... ... . . ... Y ....... .Y.: 9 Y .. Authorization::'. :.':
ARTICLE XII 1:-Execution of Contracts:Section 5.Surety Bonds And Undertakings.
An officer of.the Com an authorized for that.purpose in writin b the chairman or the resident,.and subject to such:limitations as the
0 Y' P y
hairman or.the:president.may.prescribe;.shall Appoint such:attor eys-in-fact;:as may be necessary to act in behalf of.'the'Company:'to make,.
execute,.seal, acknowledge and deliver..as.sure an and all. undertakings bonds;.recognizanoes:'.and other':surety.obligations; ..Such. : .a.
attorne s in fact sub ect:to the limitations set in.tlieir res ective. Owers of attorne shall:have full ower to bind
:the:Gom an b their
y . : in
N'. :. .''..::.::..... Y,.: P P . Y:. Y.
O..:..:. ::.:..:.: signature and execution of any such instruments and to attach thereto the seal.o the Company.. When so.executed such instruments shall be :.:ai.
Q•' as binding as if si ned b the resident and:attested b the
9 9... .. . Y p. Y . secretary.
C:
.x.'rA.O. By:the following instrument.the:chairman or the president has authorized the officer or other.official namedtherein to appoint.attorneys-in-fact:
... �.
M':e'.: Pursuant to Articlb xil; Section 5 of'thb.B Laws, Gamet W. Elliott Assistant'Secreta of Libe. .Mutual insurance Com an , is:hereb .
...cD ::.:.: :............ Y rY rtY . .. P Y Y .. ta.
,.:.�: ::'..:....:.: authorized.to.appoint'such.attorneys=in-fact as may necessary to act in behalf of the:Company to.make;:execute,sea];:acknowledge.and
.: . ..
'C 3: .:. deliver as.surety .:any.and all.undertakings,.bonds,recognizances and other:.surety.obligations.: .0
...
V..H
0.:G) That:the.By-law and the Authorization set forth above are true cop es;thereof and are now.in full force and effect. AN
.�-
7' ... . 4.111
0
s--.� IN WITNESS WHEREOF;.this Power:of Attorney has..been.subscribed.by.an.auttiorized'officer or official of.the.Com an ":and...the cor orate seal of : E.
L
.�.
Liberty Mutual"Insurance.Company has been affixed thereto in:Plymouth Meeting.Pennsylvania this 27th day:of October P. .*O..'�
d 2006:': .. ... .: :... :: Q.M
R'.
N' .:.:. .0�:
d LIBERTY MUTUAL:INURAN
SE'COMPANY...::..::.: .: :..: ....: a
OC
+.
0.:0 -ar
Cc Garnet W. Elliott,:Assistant Secretary
. -COMMONWEALTH OF PENNSYLVANIA.:.:ss'::.. 7.
>T.N COUNTY OF.MON
A) TGOMERY w�:
lQ: O
�.d >%.4)
>r.+•• .On.this.27th. day of : October.. .. : 2006:,.before me;a.Notary Public; personally came Garnet'W:.Elliott,to me known;:and acknowled ed. = d-
0'•C that.he:is.an Assistant Secretary.:.ofliberty Mutual Insurance Company; that he knows the.seal.of said:corporation; and.that.he executed the above :�-3.
L:q;' Power:of Attomey and affixed the corporate seal of Liberty Mutual Insurance Company.thereto.with the authority and at the direction of said corporation.::'
:O
V.
IN'TESTIMONY:WH • E
. . , Have unto subscribed:my name and affixed my notarial.seal at Plymouth Meeting; Pennsylvania,on.the.day and year N'.
— u first above written.
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f C NVrE fi 'N E3 P ¢i�fk
S9'' C'f3Ps!bS � ;a-�d�YLV
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...... .. .. . . � :::{ ��3•rr,2.; . ..::.: :... .ByOO
� �* Ccxrr±;aExs��sPts�r.�. ..'. er.sa Pastel a,Nota Public
CERtIFICAT.E:.... :: .�., .. �.. •..' .. . ...:' p.. :: T p c0
ZM
ry.
I;the:undersigned,Assistant�ecretary:of:Libe.rty Mutual Insurance:.Company;do:hereby certify that:the:original power.of attorney:of.which the foregoing
is a full;true and.correct copy,:is in full:force and.effect on the date.of this certificate;and:.I do further certify that the officer or official who executed.the.
said power of attorney is an Assistant-'Secretary specially authorized by the chairman or.the::.president to.appoint::attorneys=in-fact as provided.in Article:.'
XIII,Section 5 of the By-laws of Liberty MUtuai Insurance Company: .
This certificate and'the:above power of attorney may be::signed by facsimile or mechanically'reproduced:signatures under and::tiy'authority of.:the
:...following-vote:of the board:of directors.of Libe Mutual Insurance.Com an at a meetin dul called and held on the:12th da of March; 1980:.
.....:... ... .'. .. rtY .. ...:.. P. .Y 9: Y Y..
VOTED that the fac'simile.'or'mechanicall reproduced'si nature of an assistant secreta of the com an whereve.r.a earin
9 p Y.: PP 9... .
certified:copy of any.power of attorney issued y the company in connection with surety bonds;:shall be.valid and.binding..upon the.;company.:: .:
with:the same.force and effect asthough manually.affixed. ::
IN'TESTIMONY WHEREOF, I.have:hereunto subscribed my name and.affixed the corporate.seal of the said company,this 13th. day.:of
.
Fgktivax�� 211(i7 • : ..
41
:
F> By.: r.......
Davitl M:Carey,Ass "t Secretary
State of California
County of Contra Costa
On February 13, 2007 ,before me, Randall Y. Cross personally appeared Kathleen Beck
®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 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
�...
n RaNaau v CROSSthe instrument.
commission# 1464539
Notary Public-California
Contra Costacounty WITNESS my hand and official seal.
` My Comm.Expires Jan 20,2008
1
ignature' f Notary Public
---------------------------------------------------Optional-----------------------------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
i
Description of attached Document
Title or Type of Document: Davidon Homes Improvement Security Bond for Road Improvement
Agreement Bond No. 070004775 to Contra Costa County
Document Date 02/13/2007 Number of Pages: 2
Signer(s) Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer's Name: ❑ Corporate Officer
❑ Individual Title(s):
❑ Corporate Officer ❑ Partner-❑Limited❑General
Title(s): ❑ Attorney-in-Fact.
❑ Partner-F-1 Limited❑General ❑ Trustee
Attorney-in-Fact RIGHTTHUMBRIYi
® Y El or Conservator Or siGNEIt
F] Trustee ...,,.:: °,"�-�.•x:,..:..:.. ❑Other: Top oMumb time
RIGUIT THUMBRINT
❑ Guardian or Conservator OF SIGNER
❑ Other: Top or Thumb Here
Signer is Representing:
Signer is Representing:
Liberty Mutual Insurance Company
Signer's Name:
❑ Individual
NOTARY ACKNOWLEDGMENT
State of California }
County of Contra Costa }
On February 13, 2007, before me, Alberta F. Martling, a Notary Public in and for said State,
personally appeared Dennis J. Razzari, 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 seat.....-
Signature:
eal....._Si7nattire:
, '
J n 1R01A F MMTUNG
Name: Alberta F. Martling �/ _ ission#f 1517159
-i
LN:otaryblic-CaNfaMo
Costo CountyW.Jrw
Mxpkw Oct 29,J- —
(Seat)
OPTIONAL:
DESCRIPTION OI'' ATTACHED DOCUMENT: Davidon Homes Improvement Security Bond for Road
Improvement Agreement Bond No. 070004775 to Contra Costa County for Subdivision 8905, dated
Februa►-v 13, 2007.
CAPACITY OF SIGNER: Vice President
SECRETARY'S CERTIFICATE
The undersigned, Assistant Secretary of DAVIDON CORPORATION, a California
corporation, hereby certifies that the following is a copy of the resolution adopted by the Board
of Directors of Davidon Corporation.
RESOLVED, that the Corporation hereby elects the following persons to the
offices indicated after the name of each effective January 1, 2000.
President Donald Chaiken
Vice President John Albini
Vice President Dennis Razzari
Vice President Jeffrey Thayer
Vice President-Property Management Diana Fox
Treasurer Dennis Cedros
Secretary Carole Chaiken
Assistant Secretary Linda Allen
FURTHER RESOLVED, that this election of officers supersedes any prior
election.
FURTHER RESOLVED, that any officer of this corporation be and hereby is
authorized, directed and empowered to execute documents as the general partner of Davidon
Homes, a California Limited Partnership, as required by the Department of Real Estate in
connection with the obtaining of Preliminary Public Reports and Public Reports.
Dated: February 2, 2007
s stant Secretary
SECRETARY'S CERTIFICATE
The undersigned, Assistant Secretary of DAVIDON CORPORATION, a California
corporation, hereby certifies that the following is a copy of the resolution adopted by the Board
of Directors of Davidon Corporation on the 30`h day of December, 1999:
The undersigned, constituting the entire Board of Directors of Davidon Corporation, a
California corporation, in accordance with the authority contained in Section 307(b) of the
California Corporations Code, in lieu of a regular meeting of the Board of Directors, does hereby
consent to and adopt the following resolutions:
WHEREAS, Section 5.1 of the Bylaws of the corporation provides that the Board of
Directors, in its discretion, may determine the method and designate the signatory officer or
officers or other person or persons, to execute any corporate instrument or document, or to sign
the corporate name without limitation, except where otherwise provided by law, and such
execution or signature shall be binding upon the corporation;
WHEREAS, the Board wishes to authorize certain officers to execute documents on
behalf of the corporation when the corporation is acting as General Partner of Davidon Homes, a
California limited partnership, or other entity for which it acts as General Partner;
NOW THEREFORE BE IT RESOLVED, that the President or any Vice
President, except the Vice President-Property Management, is authorized to do and
perform every act necessary and appropriate, in his sole discretion, to be done in the
exercise of the following powers, and is authorized in the exercise of these powers to
solely execute the specified instruments or documents:
1. Execute and acknowledge the owner's certificates for parcel maps and
final maps, including without limitation, any supplemental information sheets pursuant to
Government Code Section 66434.2, and any offers of dedication in connection with the
approval of a final map or parcel map, which offers are made by separate instrument;
2. Execute and acknowledge subdivision improvement agreements and
agreements for the location and installation of utilities;
3. Execute and acknowledge grants and conveyances of rights of way and
other interests in real property if such grants and conveyances are to governmental entities
or public utilities and are incident to or arise out of agreements entered into pursuant to
clause 2 above;
4. Execute and acknowledge, as principal, surety bonds or other security
instruments or devices given to secure performance under agreements executed pursuant
to clause 2 above or otherwise required to satisfy any conditions imposed upon the
approval of theinal ro parcel map, any local ordinance or the provisions of the
Subdivision Map Act. The foregoing includes, without limitation, the power to execute
indemnity agreements in favor of the surety and agreements and instruments necessary to
obtain "set aside letters" or other devices collateral to such indemnities;
5. Execute and acknowledge an indemnity in favor of the "local agency"
pursuant to Section 66474.8 of the Government Code;
6. Execute and acknowledge any documents, agreements or instruments,
render any notices and otherwise do or consent to all acts necessary and appropriate to the
exercise of the power enumerated in clauses 1 through 5 above.
7. Sign, acknowledge and deliver deeds of conveyance for the sales to
individual purchasers of any of the single improved or unimproved lots or condominium
units owned by Davidon Homes and located in the State of California with such clause or
clauses, covenant or covenants, and agreement or agreements to be contained in such
deed or deeds as the officer deems appropriate;
8. Execute all escrow instructions, warranties, notices of completion, and all
other documents and agreements as may be necessary or appropriate for the sale of the
single lots or condominium units referred to in clause 7 above to individual purchasers.
9. Execute purchase agreements, escrow instructions and other documents as
may be necessary or appropriate for the purchase of unimproved or improved land for
development by the corporation;
FURTHER RESOLVED, that any officer of this corporation, except the Vice
President- Property Management, be and hereby is authorized, directed and empowered to
execute documents required by the Department of Real Estate in connection with the
obtaining of Preliminary Public Reports and Public Reports for the subdivisions of
Davidon Homes;
FURTHER RESOLVED, that the President or the Vice President-Property
Management is authorized to do and perform every act necessary and appropriate, in
his/her sole discretion, to be done in the exercise of the following powers, and is
authorized in the exercise of these powers to solely execute the specified instruments or
documents:
I. Execute and acknowledge documents on behalf of this Corporation as the
sole general partner of the Bel Air Apartments, L.P., Bermuda-Trinidad Apartments, L.P.,
Davidon Investors, Lakeshore Antioch, L.P., Pine Ridge Modesto, L.P., Portola Meadows
Investors, L.P., Raintree Fairfield, L.P., Reflections Fresno, L.P., Somerset Park
Investors, Sycamore Village Investors, L.P., or Woodside San Leandro, L.P. ("Apartment
Partnerships"), owners of various apartment properties managed by Davidon Homes;
2. Execute and acknowledge any documents, agreements or instruments,
render any notices and otherwise do or consent to all acts necessary and appropriate to the
management of the Apartment Partnerships to the exercise of the power enumerated in
clause 1 above.
FURTHER RESOLVED, that any and all actions heretofore or hereafter taken by
the officers or directors of the corporation within the terms of any of the foregoing
resolutions are hereby ratified and confirmed as the act and deed of the corporation.
Dated: February 2, 2007
Assis' t Secretary