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HomeMy WebLinkAboutMINUTES - 03062007 - C.11 C * — 4 sti�_c TO: BOARD OF SUPERVISORS j ''F=_ Contra. FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR ` t Cos aC lI DATE: March 6, 2007 96". County SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Stone Valley Road, Road Acceptance 05-01205 (cross-reference Subdivision 04-08905), for project being developed by Davidon Homes, Alamo area. (District III) SPEClrlC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/$ for Road Acceptance 05-01205 (cross-reference 04-08905), approving Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Davidon Homes, Alamo area. (District III) FISCAL, IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Road Acceptance 05-01205 (cross-reference Subdivision 04-08905) has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be approved. Continued on Attachment: ✓ SIGNATURE: vIIECOMNIENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE t�A'PPROVE OTHER SIGNATURE(S)- ACTION IGNATURES :ACTION OF BO ON Pr oTe�O APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VOF SUPERVISORS copy of an action taken and entered on the VI/ (ABSENT O c__ ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: A 1-l:vz (:,:\IngSvc\BO\2007\)3-06\F30-16 RA 05-1205.doc Originator. Public Works(ES) ATTESTED: AYt Z6 06��s0� Contact: S.c Work - Co(313-2316) JOHN CULLEN, Clerk of the Board of cc: Public Works- Construction Current Planning,Community Development 'r—January 6,2009(Pl) Supervisors and County Administrator Davidon Ilomes 1600 S.Main Street,#150 Walnut Creek,CA 94596 Attn:Steve Abbs Liberty Mutual Insurance Company By , Deputy One Front Street,#1925 f San Francisco,CA 94111 Attn:Kathleen Black TIIE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2007 by the following vote: AYES: Gioia,Uilken►a, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ //<f' SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Stone Valley Road, Road Acceptance 05-01205 (cross-reference Subdivision 04-08905), for project being developed by Davidon Homes, Alamo area. (District III) These improvements are approximately located along Stone Valley Road at the Monte Vista School Parking Lot. The following document was presented for Board approval this date for Road Acceptance 05-01205 (cross-reference Subdivision 04-08905), located in the Alamo area. A Subdivision Agreement (Right-of-Way Landscaping) with Davidon Houses, developer, whereby said developer agrees to complete all improvements as required. in said Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,000.00 Deposit made by: Davidon Homes Auditor's Deposit Permit No. and Date: 478346 February 15, 2007 AFI:vz I hereby certify that this is a true and correct copy of an G:\En,Svc\l30\2007\03-06\B0-I6 NA 05-1205.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: S.Gospodchikov(313-2316) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development T -January G,2009(P 1) ATTESTED: /%.v,ah D 6- Davidon Ilomes Main JOHN CULLEN Clerk of the Board of Supervisors and 1 G00 S.Main Street,#150 Walnut Creek,CA 94596 County Administrator Attn:Steve Abbs Liberty Mutual Insurance Company One Front Street,#1925 San Francisco,CA 941 1 1 Attn:Kathleen Black By Deputy RESOLUTION NO.2007/ pie SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Stone Valley Road, Road Acceptance 05-01205 (cross-reference Subdivision 04-08905), for project being developed by Davidon Homes, Alamo area. (District III) DATE: March 6, 2007 PAGE: 2 11. Surety Board Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070004774 February 13, 2007 Performance Amount: $25,700.00 Labor & Materials Amount: $13,350.00 Principal: Davidon Homes NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RF_SOLU ION NO. 2007///(? SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) APA0.5-/205 -7 Subdivider: Subdivision: ALAMO CREST SD 8905 Effective Date: Subdivider: DAVIDON HOMES Completion Period: 2 years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director DAVIDON HOMES _ By: (signature) (print name&tine) DENNIS J. RAZZARI, Vice President RECOMMENDED FOR APPROVAL: j�U, By. (signature)_ r Engineering Services IVISIon (print name&titlV `\1 1= (�F 2-T ` A FORM APPROVED: Victor J. Westman, County Counsel ►'ice-i y (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider 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 future amendments thereto). Subdivider 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(Government 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,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A FPerform1,000.00--------- ance and Guarantee: $ ---- cash,plus additional security,in the amount of $---$25,700. or--------------- which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check or cashiers check. XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$----13,350-00------ ,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 Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,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. Subdivider 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. Subdivider agrees to correct, repair,or replace,at his expense,, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider 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, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY.. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions, officers, agents, and employees. B. The 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 liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider, 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 indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider 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 Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider 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. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds 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,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. Aw:lap GAGrpData\EngSvc\Forms\AG WORD\AG-30A.doc Rev.May 18,2001 NOTARY ACKNOWLEDGMENT State of California } County of Contra Costa } On February 13, 2007, before me, Alberta F. Martlinj-7, 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 the 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.MARTLING Commission#1517159 WITNESS my hand and official seal. Z ,.,, Notary Public-California Contra Costa County My Comm.Expires Oct 29.2008 Signature: Zv Name: Alberta F. Martling (Seal) OPTIONAL: DESCRIPTION OF ATTACH ED DOCUMENT: Subdivision Agreement for Right of Way Landscaping between Contra Costa County and Davidon Homes for Alamo Crest, SD 8905. CAPACITY OF SIGNERS: Dennis .). Razzari and Jeffrey R. Thaver— Vice Presidents of Davidon Homes. COUNTY.OF CONTRA;COSTA:.° E :OS : D h ;;:.,.. OFFICE OF COUNTY AUDITOR-CONTROLLER:. ...'... MARTINEZ,CALIFORNIAV. •. 'T.O.THE TREASURER: .. RECEIVED FROM, . PUbIIC V1/OC{(S:-.::. ..:.:. ORGAN IZATION.NUMBER:..,.:. 650:.1 . 0 (Fo tirity Adm Bulletin 105:) ,. ".. .. .: . . .Cash Collection Procedures$ee Co inistrator's- DESCRIPTION FUND/ORd SUB TASK:.: OPTIO ACTIVITY AMOUNT. _.,. . ...:.........:.. .. ... ... .. ... :. :. .ACCT .'.... .. :. �. ED06 =0.0406.:BA..3V69' 000651. 9660 .REV:..: 6LO84 1:. : :..:.: 572:65.: • e 9005=08938,.'BA 29646 003520 :'. 5B0040 .000651 6L0040 43416: G.P:04`-000.8 BA 28008::, .00.3520. 560019. 1;524:29.. Premium:Billing :.~` 000651 91.05 6L085C.' 25.6.00 . ANT`RTDIM Fees 1/07:: 0079"83 :9595 541;156:48 T 000649.:.9665 2240000 rust;:Fund.:: ; : ::....:..:...::.:. .781.9.800: .0,800 . . . ,..... . ._ ., .. . . .. . . . .. p. Explanation: TOTAL $ ..7 PEPOSIT :. . Deposit corisists.of the following.items . .:....ti...c, .. ° . CURRENCY 5.. ..:.. :..: . CHECKS,M:O.,ETC:7. $ .. ...:. .. . ....... . . . ..BANK DEPOSITS . . ..... .$.... .. . .:.... :.. •.. FOR AUDITOR-CONTROLLER USE.ONLY f 4 EPOSIT. PERMIT. E NUM ER. 7. • DATE {:,,:.. :.::....... . ... ASSIGNED The riwunt.of money'des6ribed above is for easurer's r c ipt of above amount is' Receipt of above amount is hereby acknowledged. deposit.into the Courity Treasury. : �. ig`ned:-YLeYIL°�:n: l;+ ru'i'�.Dates_/'1. i/r ..y. Signed: : Signed: .. Title:. ;4•d�.iri' .' EXT.�«k• ,�✓.�,a `. Deputy County Auditor Deut CountyTreasurur D-34 Rev'(7=93) 0649-9665 / 112300: G1220034, $1,100.00, LAFCO 07-02, Map & Legal Description Review, Annexation 311 to Westcounty Wastewater District, West County Wastewater District, 2910 Hilltop Dr., Richmond, CA 94806- 1974 0649-9665 / 112300: 61220043, $21,300.00, RA 05-1205, Inspection Landscaping, Davidon Homes, 1600 South Main Street, Suite 150, Walnut Creek, CA 94596 819800-0800: G1220043, $2,603.00, RA 05-1205, Cash Bond, Davidon Homes, 1600 South Main Street, Suite 150, Walnut Creek, CA 94596 819800-0800: G1220044, $1,000.00, RA 05-1205, Cash Bond, Davidon Homes, 1600 South Main Street, Suite 150, Walnut Creek, CA 94596 f 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 goverrunental 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 the final or 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: 1. 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. Assist t Secretary Subdivision: 8905 Bond No.: 070004774 Premium: $231.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (Calif. Government Code sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT:The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision SD 8905 , as specified in the Subdivision Agreement (Right-of-Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right-of-Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Davidon Homes as Principal, and Liberty Mutual Insurance Company ,a corporation organized existing 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 it: A. Performance and Guarantee: Twenty-Five Thousand Seven Hundred and 00/100------- Dollars ($25,700.00) for itself or any city-assignee under the above County Subdivision Agreement (Right-of-Way Landscaping). B. Payment: Thirteen Thousand Three Hundred Fifty and 00/100 Dollars ($13,350.00 _) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division.III of the Civil Code of the State of California. 3. CONDITION: This obligation is subject to the condition set forth on the reverse side hereof. A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its 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 is or its part,to be kept and performed-at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (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 other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or.labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth,and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,and 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 suit brought upon this bond. Should the condition 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 Acquisition of Off-Site Right-of-Way Agreement agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code §§ 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on February 13, 2007 PRINCIPAL: Davidon Homes SURETY: Liberty Mutual Insurance Company ADDRESS: 1600 S. Main St. #150 ADDRESS: One Front St., #1925 CITY: Walnut Creek'—) ZIP: 94596 CITY: San Francisco, CA ZIP: 94111 BY•.(144 BY• i C�• PRINT NAME: INNS T PRINT NAME: Kathleen Beck TITLE: Vice President TITLE: Attorney-in-Fact :mW G:\EngSvc\Forms\BN WORMBN-12A.doc Rev.:Juiel7, 1999 ::.- - ... ...::::.: :.::: :...:... ........ ............. .. .......... ... ........:.... :.::: .:::::.:........:. .::.... ........... ;::.... ...: ......... . 0396 .4. T ...... ..:. .... . "....;:_"...: rHIS_FOWER OF ATTORNEY.ISNOT:VALID UNLESS:IT IS PRINTED.ON RED BACKGROUND: ....... -:::-::-:-::._This:Power.of.Attorney.:limrts:.the:acts:of:those-named.=hereim.-and.the :have:no:authori :to=bind::the:'Com an :.ezce"Yin the:manner and to the ext nt. ;......, e herein tat ,...: ...:.. L IB.ERTY MUTUAL INSURANCE COMPANY...:.: ...;..... ...._::::::::.:::._:-... ::::"...:...::.:_::... . ..:.::::__. . .:...;:-' _..-:...:....... ." .... _ .::: ;: BOSTON MA SACF4U TT .::: ::.::::...::: . ..-.... . . "...: POWER..ORATTORNEY. ......:::... .: ;::: ::::.::. ... ..:. ... ..... .. KNOW-ALI PERSONS.BY:';THE.SE.;PRESENTS:":":That-.Libe, : Mutual::lnsurance"Com an the:::"Com .an " , a.Massachusetts:stock:insurance. _:::=;':=:company;pursuant:to and;by authoniy of the.:By..law.and"Authorizat€on:hereinafter set:forth;;does;here6'.'e-constitute;and.a : . .-... .. .s e oint PP. JAMES:C JENKINS;MICHAEL-.' HOGAN;KATHLEEN.BECK;..VIVI.AN.GOLSTON�.BILLY G::.BERGAN ALL OF:THE.CITI(:" OF:CONCORD,STATE OF.CALIFORNIA.:....::.............. 77 :. . .............. - _ :......... ....::... ,.. eachlndividuall .if there.be snore than n ri ,. .. y. . o e.. amed, €ts Vue.and":lawful attorney in fact to make;execute;seal;:;acknowled"e.and deliver;;'for anal on its..::::::: .::: 9 behalf:as surety an -as act and deed;any and all.undertakings; bonds,:,recognisances and other:sure obliggations"in"the penal sum "not exceeding FIFTY:MILL"•ION AND 00/100*******'**** ***"*** ($ 50 000, 00:00`**.. DOLLARS ):each,and:the . execut€on.of.:such:,undertak- ' bonds':.recoghizarices;.and..other::surety...obligations,.:in pursuance::of:these:::resents;:shall..be:::as biridin ::u on:'tfie.:.:::: :::: .. ............. _.ompany_'::- - ...ey: .ad been duly.signed bythe.pre"sident..and.attested by.the secretary.of:the.Company.:rn their;own properpersons .... .....:......: ;:..::.......:..:...:...... . ..-.:.....- .... That':this ower i m .-:. ::. s ade and executed ursuantto�andb .h n " f: h ,. .:.-:. ...._;....;_..._. ......-..•......................:..:....::.._". :.....,...: ."......,.-. P..,..._ .-....P..... y aut-o.ty o..t e.following.By-law and.:Authonz. . .. .. .. ARTICLE'XIII-. . .:... . .. . . . .. ... Execut€on of.Contracts:Sect€on: : r ....::.;-- 5 Sue .B.onds.and.Undertakin s......:. .:.. ....... .. _.. ,..........,_..........._... .. ....................._-.-... .......... fY .. . 9...... _ .__ ..-..,...:.._. ...:._.. ._..... ....... ... . - .............. .......... ....... . .. Ariy:officer;of.:the:Company.:authorized:.for:;that',purpose::in Wr. ;by...th'-.6hairmaii.:or the=: resident;:and sub'ect':to.such limitations::as:the :- 9 P 1 . "chairman or the president may:'prescribe,"shall appointsuch attorneys-in-fact,as,may be�necessary;:.to act in:b"efialf of the Company to-.make, i>p . execute;.:seal; ac..n.owled e. and.deliver.as .suret an :and. alJ::undertakiri s,-"bonds, redo nizances:.and::other;sure obligations.: .Such: -a .. 9 Y. Y . .9 9 . surety w attorneys in.fac#; subject to the:I€m€tat€ons set forth in the€r respective:powers bf.attorney, shall"have full power to bind;the"Company by their . :O:" :.:... signature,and.execution of any.such-instruments.and to.attach thereto the seal.of the-"Company:.:When so executed.:such.instruments:shall:be-.:::, d . Q- as.bin . g as.if s€gnetl:by the pres€dentand attested by the secretary. d. .:...:.. ...... .....:.. ..:....." .. . ......... . :....::-. ...i':_...._... : . ..-.... . ....-. --'.... .........:.....'. . :...... ..:...: �x.0:.By the.following:€nstrument the chairman orthe.pres€dent:has author€zed.:the_officer:or.other:offic€al named:there€n to a ointattorne s in-fact:- -::.�: C::y PP , Y M 4 . ..0. .:::: Pursuant:to:.Article:X111 Seclion 5:of:the B =Laws Garnet W; Elliott".As i n r ... ....,.. :.-.. . .:........ .. ...... O y.... s sta. t Sec etary..of Liberty;:IVlutual..Insurance Company;..is:"hereby :_: �. _:L. -: ''authorized to'appoint_such:attorneys in4act as_may be necessary to act-in behalf.:of the Cornpany:to make":execute;seal,.acknowledge and .. ca. -. .... : :;:..... .r:as sure. .an ":and all_undertakin s,:bonds;redo rnzances and.othersure obis ations -:: =-0 O.: .........................:.. .. .::....... ....,.. ... R..::.:: L..CA .. ....•. .. .. ... .. .-...:......: ..: ...:--.. .. _ .. .....:.. . -That the . :. ... —the Authonzat€on.set forth above are-true copies thereof.and.are..now mfull force.and effect.... % .�...7 C W. . ::' >: IN,WITNESS.WHEREOF;this Power of.Attorney..has.b"een subscribed.by:an authorized":officer or.official"of the..Company"and the..corporate:seal::of .y.-Z= M L1.iberty Mutu, . ..urar.. ,Company'h' 'been affixed thereto in Plymouth Meeting;Pennsylvania this ":27th 'day of ": :October I m::0. .:: ' 2006 . M.. -. .. _. .. .. ....... - - - - . ........... :.::... - - c ;. to. ............ ... .....::..' ............. .... LIB 0....... d. ... .:. .. .... . .. . ... ERTY:MUTUAL:.INSURANCE"COMPANY:;::::;:.:.; .:.:.":-.::":.. ... .. .a. O.:L- ::....:...."..:. .::.::::. d::C i -.1.. .. .. . .............. - O -. _ ........_ _. ....: % 0Z 0,. .....':...... ::.: - - - .:. .... O ...GarnetW:.Elliott,Assistant.Secreta :" ,_..%.:.. .�o .y,.,: COMMONWEALTH OF:PENNSYLVANIA:. ..ss:::..::. ::.::...::.. :..:";- ..:............. ..:....:... ... . -._......... ........ ......."......-.. . ...-"..... . ."._........ ........... ..-... N - .•..- - Q1. . COUNTY F M T -... ...-.... .". ................ ...._ ... ..::._.. : �.= _ O."...ON GOMERY ... .. ..-.: d .. ....... - e0. ..:...:.....:. - t71L ...... .. . . ... . ....".. . .... O. 01 N r"+ 0lth€s 27th: :' day.of. October 2006 before me, a.Notary Publ€ci;personally.came..Garnet W. Elliott,.to::ne.known;.and acknowledged ..�.:ar O that he is an Assist ant.Secreta of -ibe. MIM ual.lnsurance Com an that he knows the seal of said"cor oration;":and thaf-Fib.executed the above _ rY . .rtY P Y :: P :: d: P w r: —..d: o e .of Attorney and"affixed the corporate;seal:of Liberty:Mutual lnsurance'Company.thereto with the:authority and:at:the:direction:'of:said:corporatioh:;: :ea. O m : >�. "" `" I. ': - IMONY WH ¢ " R ve P unto subscribed m name and affixed m notarial seal at PI mouth MeeUn Penns Ivania,on the da and" ear -e Ip:>. Y Y Y 9 Y Y Y. " w.N V. first above written. 0o, . " _ - __ - C .:::::;.;.... - . ... . ao. 19... C3......... : ....:.:. f - ,... O .. ....":.:.. a ._......COMM©MMi)NWEAU H OF PE'�N LVANLA E. ... iE > Gl...::.:.::.:.. ..... ....... .. . ..... 5�.. ... N. E'+ � :':.:... ... .L. . .. - �µ �^ ... . .. Wi .. .. �.. .. .... :.:...... V .. •...... . i+-.L. .. ... ... . O ;....:.._._ .. ..:...:. ..: .... .. 3 TsYflsif&ita' Ya .. ... . Z::c�: = ::::: -:: ...:... :..:.. . B. . :_.;.. ::.:: �� "..... .......-.. r.; - Ter sa.Pastella,:Nota Public::: :..:::::::::=::_.'::- :::- :::: c�.,-.: .._.,.. :::.::.: �°I.Garnrr�ss F xres r,28. x:: .::::::::...:..,..::.. .. .ry.... .. A �: ... ... LN, ... G ,.. 0...,.. . .. ,pe� ...... ...sr:... .S.alifi A$SOv s�'�n.af.....r?ND..::.::.. ... .•.::.:.. ..:.:. _..........:CERTIF..ICATE . .. . .". .... ... _:....... ..._....:.. .......... .�` ..... ....:......... :: ::::..:. ...:: .....:::::::.;. ::: .::::.:: .....:.... ::::::....:. ::.:..:. :... .:::: :..::......-::....-:,.._..::.. ..:..::..:...:..::. .'::..:..._ - 'F�y ... :-:... -::':_. _::.:::< :.:.... ::. .....:....;........ ..::......:.. ....:-..;...:..... .....".......:... ..;..::.... ........."_..... - .-::...:_-..:-I";:.the:unde,rsigned;Assistant.. ecretary.of..LibertyMutual"Insurance.Company,.do..hereby.certify:that the original.::pow.erofattorney.of:wh ch:ttie::fore oin - ,s a full;true:and correct copy is.in full force and effect on.the date of this certrf€cate;and 1 do further.cert€fy that the.off€cer or off€cial.who execut d the . .. :..-said:power of:attorney.is an:Assistant$ecretary::.specially:authorized b.y ihe.chairman:or:.the::president-:.to appoint:attorneys-inprovided:in Article:.::::.:::::: XIII,Sect€on b of the By-laws of Liberty Mutual Insurance Company:: . . - ......"- .. ... ... This::certificate and;the:above:.power.of:attorney:may..be.signed:by facsimile:or:mechanicall reproduced::si natures.:under,poc b ::authori of:the :. :: " Y ., 9 Y h! followin vote.of the board of directors of.Libe g-, rty.Mutual Insurance Company. :. a meeting duly called and held on the•.12th day of March,:..1980. _....... . VOTED.that the:f mil .. . :..:.:..: ... .;. .". facsimile mecharncally.".reproduced.:s€gnature of.any.assistant:secreta .:.of-the":coin ars wherever.a Barin u on:::a : - :"::: .. . ' .._.:,:: certified;copy of.any:power:of.attorney issued:by._the:company.in.connection With 13 shall:be:valid apd bindin -u on the. an 9 .P.. P 'J 'with the same:.force and effect as-though manually aff€xed. _ _ .:. .>.. . :::::; ;. .-IN:TESTIMONY WHEREOF;:l.have hereunto subscribed my.name and.afn'd:the:cbr or':::eaI of the said com an ;:this �13:t da."of.: ...: .:....:........ �nn7. - ..- .-. .. _. - 3 - - - - - - = :- ...- -- - _ - _ - _ - - . . ........:::..: ...... . . . :;: ..... .........: �^'� ........... -....... ................... .-. .. ....... .". . ...... _.... ......: . _......-. _ .... .. ....... David fel: ar .". A........"ri _.......-._.. . ...... ,/ C e. , ss€� t Secreta:.... ::_:: State of California County of Contra Costa i 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 RANDALL Y.CROSS � the instrument. Commission# 1464539 Q`M`- Notary Public•CaliforniaWI ESS m hand and official seal. Contra Costa County yMy Comm.Expires Jan 20,2001; Signature -!Notary Public ---------------------------------------------------Optional----------------------------------------------------------- Though ptional----------------------------------------------------------- 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: Davidon Homes Improvement Security Bond for Public Right of Way Landscape Agreement Bond No. 070004774 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-❑Limited ❑General ❑ Trustee ® Attorney-in-Fact RrGrrr;ii�tin�sTuNr y ❑ Guardian or Conservator or:SiG1VER� ❑ J.rustee RIGHT THUMBRINT ❑ Other: V Top of Thumb Here '": ❑ Guardian or Conservator OF SICrhEfte: =Y ❑ Other: Top of Thumb Here Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ❑ Individual i .91 NOTARY ACKNOWLEDGMENT State of California } County of Contra Costa } On February 13 2007, before me, Alberta F. Martlinjt, 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 seal. Signature: — Name: Alberta F. Martlin J I1l8ERTi4F.t�AARTUNG Commission 1517159 .e Notary Public•Camomia Contra Costo County t+Ay Comm.Expires Oct 29,2004 (Seal) OPTIONAL: DESCRIPTION OF ATTACHED DOCUMENT: Davidon Homes Improvement Security Bond for Public Right of Way Landscape Agreement Bond No. 070004774 to Contra Costa County for Subdivision 8905, dated February 13, 2007. CAPACITY OF SIGNER: Vice President