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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-619 r TIDE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 30, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20041 619 SUBJECT: Amending Subdivision Agreement, and Approval of the Third Extension of Subdivision Agreement for Subdivision 98-08163, Alamo area. (District III) The following substitute security to guarantee the public improvements during the warranty period as required by Title 9 of the County Ordinance Code was presented for Board approval this date. Said document was accompanied by the following: Security to guarantee the public improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash deposit(Auditor's Deposit Permit No. 356762, dated September 26, 2000) in the amount of$ 1,000.00, made by Taylor Woodrow Homes. b. New security in the form of a corporate surety bond dated October 22, 2004, and issued by St. Paul Fire and Marine Insurance Company (Bond No. TF1277) with Taylor Woodrow Domes, Inc. as principal, in the amount of$7,777.00 for faithful performance and$7,700.00 for payment(labor and materials). DL:rrn c:\GrpData\EngSvclBO\20041,I1-30-041SD 96-08163 130-23.doc I hereby certify that this is a true and correct copy of an Originator:Public Works(ES) Contact: Frank Navarro(313-2264) action taken and entered on the minutes of the Board of CC: Director of Community Development Supervisors on the date shown. Current Planning,Community Development Public Works Accounting T—September 6,2005 Construction ATTESTED: NOVE�BER 30, 2004 Taylor Woodrow Camino Ramonn,,Suite 100 Homes, JOHN SWEETEN, Clerk of the Board of Supervisors 2300 Camino San Ramon,CA 94503 and County Administrator R St.Paul Fire and Marine Insurance Co. 100 California St. San Francisco,CA 94111 Attn:}anet C.Rojo By , Deputy RESOLUTION NO.20041 619 r SUBJECT: Amending Subdivision Agreement, and Approval of the Third Extension of Subdivision Agreement for Subdivision 98-08163, Alamo area. (District DA'T'E: November 30, 2004 PAGE: 2 The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the subdivision agreement between Taylor Woodrow Homes, Inc.and the County for construction of certain improvements in Subdivision 98-08163,Alamo area, through November 6, 2005; # APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ REASON FOR EXTENSION: Warranty Period IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on February 6, 2001, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the performance/maintenance surety for $92,210.00, Bond No. 11133511839 issued by The American Insurance Co.; BE IT FURTHER RESOLVED that the performance/maintenance security Bond No. 11133511839 with Taylor Woodrow Homes, Inc. is EXONERATED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/619 L CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 98-08163 Developer: Taylor Woodrow Homes Original Agreement Date: February 6, 2001 Third Extension New Termination Date: November 6, 2005 Improvement Security Surety: St.Paul Fire and Marine Insurance Co. Bond No. (Date): TF1 277 (October 22,2004) Security Type Security Amount Cash: S 1,000.00 (1% cash,$1,000 Min.) Bond: $7,777.00(Performance) j The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: 1-1.11,,[ Dated: Nave ber 44 FOR CONTRA COSTA COUNTY Maurice M. Shiu,Public Wor s Dir ctor Developer's Si By: V-1 Y PWS er Woo +"5 RECOMM ED FOR APPROVAL: Address By: St. Paul Fire and Marine Insurance Company (Engineering Services Division) Suretv or Financial Institution. �a�nFrancisco, California St. CA 94111 ddress (NOTE: Developer's, Surety's and Financial Institution's Signatures mast be Notarized.) Attorney i acts Signature FORM APPROVM YKior i.Wesw—Cousiy Ceu .i M. Mandy, Attorney in Fact Printed After Approval Return to Clerk ofthe Board OCT 2 5 2004 W $1.6.3, Subdivision: Bond No..- TF1277 IMPROVEMENT SECURITY BOND FOP,SulsDi` BION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 -66499.#0) 1. =A OF SXBD1vt510 AGRCX_ LENT- The Principal has executed an agreement with the County to install and pay for street,draainage, and ether improvements in Subdivision 8.163 . as specified in the Subdivision Agreement, and to complete said work within the time- spec ied ime-specified for completion in the Subdivision Agreement, all in accordance with State and local laws and. rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel leap for said Subdivision. 2. 8L1gA1,1y„N.- TAYLOR WOODROW HOMES, INC. asPrincipal,and St. Paul Fire, .and Marine_. Insurance Company_ ,acorporation organi'znedexisting under the laws of the State of Minnesota 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: Seven Thousand Seven Hundred A. Performance and Guarantee; Seventy Seven and. no/I,00ths-_-_____- ($7,777.00. - - l for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Seven Thousand Seven Hundred Seventy Seven and no/100thsDol'l (S_Z_,7 .._ __: ) to secure the claims to'which reference is made in Title XV (cry mencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of Califomia. 3, Qrtrr 1M. A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal, his or its heirs,executors, a admististrators,successors or assigns,shall in all tis stand to ansa abide by, and well and truly keep and perform the coyenaants,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 became null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expanses 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. r 13. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are heist firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other periosts employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials ft mished 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 some 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 rcasonable 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 band shall inure; to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (conune;ncing with Section 3082)of Part d ofDivision3 of the Civil Cade,so as to give a right of action to therm or their assigns in any suit brought upon this bond. Should the condition of this brand be fully performed then this obligation shall became null and void, otherwise it shall be and remain its full farce and effect. C. Nor alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety tsorn liability on this bond, and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the Provisions of California Civil Cade Section 2819,and holds itself bound without regard to and independently of any action against Principalwhenever taken. S19NED AND SEALED on r_ .. October 22, 2004 St. Paul Fire and Marine ° pMCIPAL• Taylor Woodrow Homes, Inc. SUIT EW, Insurance Company _-- Address: 2300 Camino RamiAdchress: 100 California St. City; San Ramon, CA p: 94583 City:San ra cisco, CA Zip: 4111 $y: $y. � Print Name: z; � P Janet C. o j r� Title: 4 Iliz-p- ° ' `' � � Title: Attorney in Fact .� G:t",rpt>wtPnrS.z�orwyBN Wot�48N•El.dnc Rtr.hne 0,loop e SL Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Compsx{y Lil St.Paul Guardian Insurance Company Fidelity and Guaranty InsurawfCompany St.Paul Mtreury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Seaboard Surety Company St.Paul Medical Liability Insurance Company Bard No. TF1277 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act7). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism lasses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is A.00 IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of C � � �' :�__. On Data Name and Title of Officer;e.� 'Jane Dae.Not" Aet personally appeared ? �Vtc- Names)at Signer(s) 5'personaily known to me C❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their dh &W .i.� signature(s)on the instrument the person(s), or VERONICA SIMON the entity upon behalf of which the person(s) Combs"*143491$ acted, executed the instrument. ' #kyr Puw-Cc Aka*Ao Cor'ft Cow ° Oy WITNESS my hand and official seal. Signature of Notary Public § D OPTIONAL IONAL 7'hough the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent mmmoval and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document tate: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Individual Fop of thumb here Corporate Officer—Title(s): G} Partner—❑Limited El General i ) Attorney-in-Fact 0 Trustee CJ Guardian or Conservator f 0 Other: Signer Is Representing: a 1959 Naiienai Notary Association•9360 De Soto Ave.,PO,Box 2402•Chasworth,GA 91313-2402�www.na;ianalrofary.grg i Prod,No.$507 Reorder Cog Toll-Free 1.800.876-8827 CALIFORNIA ALL-YURPOSE ACKNOWLEDGMENT 'tate of California County ofSan Francisco 4n October 22, 2004 before me, Betty L, Tolentino,Notary Public personally appeared * * * * * * * *3anetC. Rojo * * * * * * * * * * * * * * * * * * Clpersonally known to me - OR - ®proved to the on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. z WITNESS my hand and official seal. � P �. YN, c0i INTY store of1Vota Aye. a5 7heStPaul POWER OF A fTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurtnee Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc, St.Paul Mercury Insurance Company 24360 Power of Attorney No. Certificate No. 2126663 KNOW ALL MEN BY'THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St,Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do hereby make,constitute and appoint Susan Hecker,Janet C.Rojo,Swan Lee,Cynthia L.Lewis,Maureen O'Connell,Betty L.Tolentino, M.Moody,and J.A Alba& of the City of San Francisco _ State California their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,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 proceedings allowed by law_ IN WI'T'NESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 8th day of June ---"2004 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Conipany PETER CE'v W ARMAN,Vice President C�t+r,,�wc<'`n 5':i,'�a� �° � Atft }r •F ' State of Maryland City of Baltimore THOMAS E.HUTBREGTSE,Assistant Secretary On this 8th _day of June 2004 ,before me,the undersigned officer,personally appeared Peter W.Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Tire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,lnc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof,I hereunto set my hand and official seal. V0�,91✓ r My Commission expires the I st day of duly,2006. REBECCA EASLEY-ONOKALA,Notary Public '�CitY t p f 86203 Rev.7-2002 Printed in U S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul f Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United StatesIFidelityand Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating I o said business may be signed,executed,and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations, The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and l the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorneys)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seat of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorneys)-in-Fact shall he as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregise,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 22nd �day of_. _ October 24014 SUN�YY Jy t1iE d4 o`*µ..LkS�n waa'.. s.?ate +�'" Y� � '•'^*w R4tnY G�. .. 7 �exnaxti�t mtcaa tt}TM � � � I Thomas E.Iluibregtse,Assistant Secretary i To verify the authenticity of this Power of Attorney,call I-800-421.38$!?and tak for the Pttwe.r of Attorney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the;power is attached. l 6 S 7 2 f t(f¢ t J'19 t,'Y�U4 1U•40AMI 'rtU711- ..... .... ..... . iv ACTION BY THE BOARD OF DIRECTORS OF TAYLOR WOODROW HOMES, INC. BY UNANIMOUS WRITTEN CONSENT WITHOUT A MEETING The undersigned, as members of the Soard of Directors of TAYLOR WOODROW HOMES, INC.,a corporat3ron organized under the General Corporation Law of California (the `'Corporation"),being all of the members of such Beard as presently constituted,do by this waiting consent to the following actions and adopt the following resolution: WHEPMAS, the Beard has accepted the resignation of William E. Reed from the position of President of the Northern California division of the Corporation effective April 1, 2004. WHEREAS, Scott Manard had previously been elected by the Beard to the,position of Northern California Vice President❑rf Land and Planning. RESOLVED, that Scott Menard Is hereby elected to the position of Vice President- Northern California Division and in such capacity, acting alone or jointly with tither aff►cers of the Corporation, is hereby authorized to execute all documents and to take such action as he may deem necessary or advisable in order to tarry out and perform the purposes of the Corporation and this resolution as same may be related to the businm, management and operation of the Northern California division of the Corpomtlon. The Board executes this consent pursuant to the Corporations Code of the State of California and.the Bylaws of this Corporation that authorize the taking of action by unanimous written consent without a rnee'ting. DATED: March 24, 2004 �IPESHKIN BRI� ON 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Statcof—. California— OPTIONAL SECTION Countyof- San Francisco CAPACITY CLAIMED BY SIGNER 0,14ov. 4s 2"beforeme. Betty L. Tolentill�, NO�Pu�bli(, Though statute does not require the Notary to fill DAT E NAME,TITLE OF OFFICER E G­"JANE DOE,NOTARY?UBLIC' in the data below,doing so may prove invaluable personally appeared M. Moody to persons relying on the document. NAME(S)OF SIONER(S) C3 INDIVIDUAL IN personally known to me-OR- 0 provided to me on the basis of satisfactory evidence to El CORPORATE OFFICER(S) be the person(s)whose names)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/sheithey executed 0 PARTNER(S) 13 LIMITED the same in his/her/their authorized 0 GENERAL capnity(ies),and that by his/heritheir signature(s)on the instrument the persons) 0 ATTORNEY-IN-FACT L,�Toail�moo upon behalf of which the person(s) 0 TRUSTEE(S) or am i COMM, #1300478 the entity 0 GUARDIAN/CONSERVATOR 0 OTHER: acted,executed the instrument, tL "N FRANCISCO MiN'nWI ESS my had official seal, I I SIGNER IS REPRESENTING- MCOM y M,WM Apr. 12-,20V 0- J NAME OF PERSON(S)OR ENTITY(IES)I l ." 0\401� 114 . IG,AE FNOTARY 0 acknowledged tome that such corporation executed the wit ininstrnu�,m,�entpursuant toits by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document_ TO THE DOCUMENT AT RIGHT, Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must-be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signet's interest in the property mus`iTe statea. 111, SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority tosignfor and bindiffe-partnership. IV. SIGNATURES FOR CORPORATIONS r5ocuments-should be s gne-d"Ey-T—w-o-o-Ticers,one from each of the following two groups: GROUP 1. a)The Chair of the Board b The President Any Vice-President GROUP 2. The Secretary An Assistant Secretary The Chief Financial Officer dj The Assistant Treasurer If signatures of officers from each of the above two roups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing t instrument to execute instruments of the type in question is requirtd. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMEW State of 0-a�t�_ t1Lt,Ct OPTIONAL SECTION County of_. ..;_t.�¢T 3�*�*—w'�ry }�_ CAPACITY CLAIMER BY SIGNER On S"t_.�.___,.,before me,�l` �.2!! � „ C�(tL JV O s "Though statute does not require the Notary to it DATE NAME,tiTi.E o€es�rtcsR E.G.. ANS hese,N RY runs.tCin the data below,doing so may prove Invaluable personally appeared to persons relying on the document. NAIII(S)1>SiGxER{st © INDIVIDUAL personally known to me-OR- 0 provided to me on the basis of satisfactory evidence to © CORPORATE OFFICER(S) be the person(.&)whose name{sl Islam TITLES) subscribed to the within instrument and acknowledged to me that he/sy executed 0 PARTNER(S) C3 LIMITED p- Dc.:BRA A.SHERWOOD the same in his4wp4Uair authorized Cl GENERAL ( COMM.#13135%2 capacity4ose 4 and that by hisll�4- Ci ATTORNEY-IN-FACT NOTARY PUBLIC-CA?iFORNIA 0 signatures)on the instrument the person MM (Q or 0 TRUSTEE(S) CONTRA COSTA COUNTY 0 the entity upon behalf of which the person(s4- COEXP.JULY 15.2405`` acted,executed the instrument. © GUARDIAN/CONSERVATOR, ` 0 OTHER: WI'T7N=IGNATURE ZNOTARY eal SIGNER IS REPRESENTING: {NAME Of PEASOMS)OR ENTrTWES)) 0 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT, Number of Pages Though the adjacent data is not required by Taw,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)tither Than Named Above _ re-attachment of this form INT STRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must a signe exact y as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be state . III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the auority to sign yr an in t e partnership. IV, SIGNATURES FOR CORPORATIONS Documents should-Re Signe y two officers,one from each of the following two groups: GROUT I. {a}The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secreta c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two coups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing tie instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice, Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "_and acknowledged to me that such corporation executed the within'instrument pursuant to its by-laws or a resolution of its Board of Directors." St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Straul Soft St.Paul Guardian Insurance Company Fidelity and Guaranty ImuranctC.ompany St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underv"ers,Inc. Seaboard Surety Company St Paul Medical Liability Insurance Company Bond No. TF1277 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Acf). No action is required on your part. This disclosure Notice is incorporated in and a part of the attached band, and is effective the date of the bond. You 'should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is t3 flg. IMPORTANT NOTE. THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. 7hestftl POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Compan71ne.St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurthee Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwrite St.Paul Mercury Insurance Company i 24360 Power of Attorney No. Certificate No. 2128884 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under # the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein colfecrively called the „Companies"), and that the Companies do hereby make,constitute and appoint Swan decker,Janet C.Rojo,Swan Lee,Cynthia L.Lewis,Maureen O'Connell,Betty L.Tolentino, M.Moody,and J.M.Albada 3 San Francisco California of the City of .,_,____ ,State�.____ ,their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,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 I performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, i i IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this_ 8th day of..__..June 2044 i Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Conspany Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company, ww . 7'y ,ppb i .ylK Ik.4 Py llsYgq ::,rj� `.w 927 4 y SE L ju SffibL?$ :� 18 3�7�r�g t PETER W,CARMAN,Vice President C4h£K '�nxGEG .15.k1t�� qty-..,. TT •f ' State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this_ day of Jame 2004 ,before me, the undersigned officer, personally appeared Peter W.Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. N�As�.�t� In Witness Whereof,I hereunto set my hand and official seal. ra 1, �Ltt; My Commission expires the 1 st day of July,2006. �'p CiT"t �o REBECCA EASLEY-ONOKALA,Notary Public i f 1 i 3&2t�3 Rev.7-2{3032 Printed in l.I.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine insurance Company, St.Paul Guardian Insurance Company,St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1948,which res6lutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so 1 executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and 3 I RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority, and,in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 4th day of November 2004 i * aJ `4 FO..........9ry as',,• `� � ��:, bmem.... ,/� 1���;y,t'�.+t+�-�`�' `�/,//fJ�w��., ♦/�I,y . B^ 360Ro0rAY�:� i.i tAR9CRgTt;`p YMnsew�_ "-`^�'�Mlr� / (i1.y LI ��R„(__ N IL1Gl. 7(jif`_'SEAL 1$ �38ELry `v�,�'^Y'^,•�•M•�e!! .19'Y7 _i951 YJ,-�e.a �r %'�. # .. � Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the fewer of Attorney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the po*,,er'is attached.' 1 s s E t i t ti.t.+vrsr r vr ..wrrrrxttwti,.rJtM .--� ✓�,- DEPOSIT PERMIT OFFICE Of COUNTY AUDITOR-CONTROLLER ' TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM r Public Works ORGANIZATION NUMBER 4500 2.55 _01 d= Dry4artianz CA 94553- - (Por Gosh Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJ0RQ BB.l TASK OPTION ACTIVITY AMOUNT Brntwd DA30C APNO190600213 007558 9140 544j.32 Brntwd DA30C Cern APNO190600213 007558 2310 SAS 6D8148 <2;.72> Brntwd DA165 Reg Sub 8368 007590 9140 51,7001.00 r Brntwd DA105 Reg Sub 8.368 Com 007590 2320 6D8148 <2581.50> Knight Wtr 950396 007498 9797 3601.00 Pager 004500 2250 HEQ 999SAS A& Sell Phone 004504 2110 SAS904SAS 141.58 0045034/ 903S-AS 38;.78 Postage 004500 2100 SAS 999SAS 61.60 I Tatler Abate 3 .00 JPS ` 11.24 Fiber Optic Li.c Rev Agree 007520 9975 RN 668315 111.,567.50 283100 081.0 61,875.W L L I if I I I 1_ 1 I I I I I __L_ I ' Trust Fund 812100 0800 r 819800 1,00th,t}0 o 0 :7 r5 r :XPt ANA71I3N 61 TOTAL $ i kcct 1040239-1040250 (1 Void 1040240) DEPOSIT ,34 271,.39 4cct 1040711-1040713 leo Voids Deposit consists of the �items 11.35 COIN and CURRENCY $ CHECKS.M.0,ETC, $ 7341266-004 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT 4ERMIT Cif' DATE 05P..`62 SEF rr'.IRA ASSIGNED T The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. ,* Sisarte�d' t 5 s ^ ^t_ver �.r_Date m � / / r signed: t t,c L.r (��lt� 5igned:� Title: Acct C e L 3-2,344 brtpu County #tsr Deputy County Treasurer 34 REV.(7-9s} . ' SV ` Jeff Azlle 2) Carel Roger Cindy 1 c,LiZa Debra , ' ��� C. TO DATE FROM � ` c C% > ".��"S SUBJECT n ' r PLEASE REPLY HERE TO DATE Fr .SIGNED INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE IYELLOWI AND FORWARD RE MAINiNG.PARTS WITH CARBONS,TO REPLY, A. FILL IN LOWER PORTION AND SNAP OUT CARBONS,RETAIN TRiPL KATE(PINK)AND RETURN ORIGINAL. vJ FORM Mi 12 r Trust Fund 819800-0800 $1,000.00 G#1044713 sub 8163 Cash Bond Guarantee of Performance. Taylor Woodrow Homes Inc., .24461 Ridge Route Drive, #100, LagunaHills, CA 92653-1686 Trust Fund 812104-0800 Total $507,332.40 G#1040712 $4,328.00 SD8163 San Ramon Drainage Mitigation Fee, Taylor Woodrow Homes Inc., 24461 Ridge Route Drive, #100, Laguna Hills, CA 92653-1686 1 G#1444711 $51,441.54 Brntwd DA105 Sub Regional Sub 8368 (Fees $51,700.04 Less Commission (258.50) = $54,441.50), City of Brentwood, 708 Third Street, Brentwood, CA 94513 �1 G#1044249 $451,562.54 Fiber Optic License Revenue, Per Agreement, GST a Telecom Inc., 4001 Main street, Vancouver, WA 98663 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR. DATE: November 30, 2004 SUBJECT: Amending Subdivision Agreement and Approving the Third Extension of the Subdivision A eement for Subdivision 98-08163. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIO Sl: ADOPT Resolution No. 20041 619 for Subdivision 98-08163, amending the Subdivision Agreement and approving the third extension of the Subdivision Agreement, being,developed by Taylor Woodrow Homes, Inc., Alamo area. (District III) t FISCAL IMPACT: None. BACKGROUNDIR.EA ON(S) FOR RECOMMENDATION(S): Extend the Subdivision Agreement through the warranty period to avoid expiration. Additionally,the developer has requested their performance surety be replaced with a reduced bond to cover only the public improvements under warranty as allowed by Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement will expire and the developer will be denied the right to reduce the performance bond as allowed by Title 9 of the County Ordinance Code. Continued on Attachment: SIGNATURE t � ✓-kECCIM;ENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ;.XPPROVE OTHER LIGNATUREf ACTION OF BON 2004 APPROVEDAs RECE MMENDED xx OTHER VOTE OF SUPERVISORS xx UNANIMOUS{ABSENT NONE } AYES. NOES: ABSENT. ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the 0kGrpDatatEngSvc\B012404,11-30-04LSD99-09163Ordec.doc Board of Supervisors on the date shown. orifi.Div: Public Works(ES) Contsct: Frank Navarro(313-2264) cc: Director ofCommunityDevelopmern + Current Planning,Corntnu tity Development. Public Works -Acooun -Consazuctio tt ATTESTED: NTOVEMBli1 307 2004 TaorPo ° Taylor owH ,Inc. JOHN SWEETEN, Clerk of the Board of 2300 Camino Parnon,Suite 100 San rno Ran,CA9AS03 Supervisors and County Administrator St.Paul Fire and Marine Insurance Co. 100 Caiifornia St. San Francisco,CA 94111 Attn:Janet C.Rojo By , Deputy