HomeMy WebLinkAboutMINUTES - 08142001 - C.17 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 14,2001 by the following vote: .
AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER,
AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2001/371
SUBJECT: Approve the Subdivision Agreement (Right of Way Landscaping) for
Subdivision 8023 being developed by Hofmann Land Development,Brentwood area.
The following document was presented for Board approval this date for, Subdivision 8023
located in the Brentwood area.
A Subdivision Agreement(Right of Way Landscaping) with Hofmarm Land Development
Company, developer, whereby said developer agrees to complete all improvements as required in
said Subdivision Agreement (Right of Way Landscaping) within one year from the (late 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 Bond
Performance Amount: $1,700.00
Deposited by: Hofinann Land Development Company
Auditor's Deposit Permit No. and Date: DP 371353, July 11, 2001
Taxpayer I.D. Numbers: (Federal 68-0419482) and (State C2118258).
G:\GrpData\Eng1',vc\BO\200RB0 8-7-01.doc
JD:lap I hereby certify that this is a true and correct copy of an action
Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors
Contact: Rich Lierly(313-2348)
cc: Pubic Works- R.Bruno,Construction on the date shown.
Current Planning,Community Development
T-6-7-02(P1) g
All ustl4 , 2001
I lofmann Land Development Company ATTESTED.
Attn: Mr.Henry JOHN SWEETEN, Clerk of the Board of Supervisors and
P.O.Box 758
Concord,CA 94522 County Administrator
The American Insurance Company
One Market Plaza
Spear St.Tower
San Francisco,CA 94111 By , Deputy
RESOLUTION NO. 2001/ 371
SUBJECT: Approve the Subdivision Agreement (Right of Way Landscaping) for Subdivision
8023 being developed by Hofinann Land Development, Brentwood area.
DATE: August142001
PAGE: 2
II. Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: 11141714045, July 24, 2001
Performance Amount: $166,400.00
Labor& Materials Amount: $84,050.00
Principal: Hofmann Land Development Company
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.
RESOLUTION NO. 2001/371
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code S66462 and S66463) 1
Subdivision: 86.2.a, (4akeshore I' Effective Date:
A1
Subdivider: A10A &?0,1 Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice ;M. SYiiuPublic Works Director Nc-F.•cann ka�td Developexe4,f Co•
,�
By: (signature)
(print name&title) A • 7- 3/fta w� P�Ps�'dP��'
RECOMMENDED EQR APPROVAL:
By: 0 (signature)
En eeri g s Division (print name&title)
FORM APP VED: Victor J. Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code S313.)
1. PARTIES & DATE. Effective on the above date, the 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 SS66410 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 S66499, and
the County Ordinance Code, provide as security to the County:
A. For Performance and Guarantee: $ /700- pO cash, plus additional security, in the amount
of$ Ca. 16 C . Ate. which together total one hundred percent(100%)of the estimated cost of the work. Such
additional is presented in the form of:
Cash, certified check or cashiers check.
K 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: Securityin the amount of$ S'� 0 5 C O° °
i ,which is fifty percent(50/o)of the estimated
cost of the work. Such security is presented in the form of:
Cash, certified check, or cashier's check
K 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 S94-4.406 and S94-4.408 of the Ordinance Code.
i
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. rSubdividelrwarrants 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 act or 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 propel ty 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.
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GAGrpData\EngSvc\Forms\AG WORD AG-30A doc
Rev November 19,1996
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of Contra Costa )
On July 5, 2001, D. Panteles, a Notary Public in and for the State of
California, personally appeared A.T. Shaw, personally known to me to be the
person whose name is subscribed to 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(s), or entity on behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal
D. PANTELES
Comm.#1298585 r^
N :•0 • NOTARY PUBLIC-CALIFORNIA N
Contra Costa County
My Comm.Expires March 9,2005 'a
SignaftiE a
......... .. ....... ... .......... .... ............................................................................................................................................ ..........
Reference: Subdivision Agreement— Right of Way Landscaping
Date: July 5, 2001
Pages: 2
'0
ACTION BY THE BOARD OF DIRECTORS OF
HOFMANN LAND DEVELOPMENT COMPANY
BY WRITTEN CONSENT WITHOUT A MEETING
The undersigned, being all of the present directors of Hofmann Land
Development Company, a California corporation, individually and collectively consent,
by this writing, to take the following actions, to adopt the following resolution_
RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his
authorized capacity as CEO/President, any and all documents related to the purchase
and sale of real property, any and all documents related to the approval of tentative and
final subdivision maps, and any and all documents related to land improvement
agreements, such as subdivision agreements, and any and all bond agreements.
This consent is executed pursuant to section 307, subdivision (b) of the
California Corporations Code, which authorizes the taking of action of the Board of
Directors by unanimous written consent without a meeting.
Dated: August 1, 2000
Kenneth a n, Director
Albert T. Shaw, DI ctor
ennon, Director
4
omas A. Whalen,
Dennis M. Drew, Director
Richard L. Greene, Director
y7
CERTIFICATION OF SECRETARY
I, Dennis M. Drew, do hereby certify that I am duly elected and qualified
Secretary and the keeper of the records and corporate seal of Hofmann Land
Development Company, a California corporation organized and existing under the laws
of the State of California, and that the above is a true and correct copy of a resolution
duly adopted by the Board of Directors thereof, and that such resolution is now in full
force and effect.
r
- u
Dennis M. Drew, Secretary
Date:
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
00FFICE OF COUNTY AUDITOR-CONTROLLER l f
MARTINEZ,CALIFORNIA C �'
TO THE TREASURER: �-`• ;
RECEIVED FROM 1
•n��-2 F' i A. c 10La b• t ORGANIZATION NUMBER
(0-jari-i-n)
a2.5S �/cLc�F� ;Tr .
y q/ S 3 (For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT.
oIP7.31 F1,
CD3 o i -7
ZX A0 8
coq_5v 06 91-7175 s / 5:.2
�70-739q lWeTIT �p7 7
T- A I F.t 66 Sa/90 o-U
TMr� �t /Iw .0_2 /? SO 1
EXPLANATION: TOTAL $ i
/ DEPOSIT
Deposit consists of the following items
2111 1. v 6 X 41 a SE 7 COIN and CURRENCY $ 3-3•�
CHECKS,M.O.,ETC. $ X03
C C `7 � �� �c BANK DEPOSITS $
V FOR AUDITOR-CONTROLLER USE ONLY
Alo' DEPOSIT
T E /CJS £`L'
1
tl PERMIT DP
tr �,03 ��I�1-�n NUMBEB�,7.1,y 1 '�
DATE `�t 'J�� JULIL
ASSIGNED
The amount of money de ribed above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
Signedi '!/1(t n—�4 Date
Y Signed: '� .� Signed: �� 06(" �Y-0-
Trtle: T.�— o m
Deputy y Auditor Deputy Count Treasurer
:4 \ ,/� •
�-3REV.(7-93) /_. /.r / _ �J ��P� �/L�•�-�"��
Trust Fund 831000-0800 Total $82,193.00 z�
�o� - • 0 9(C.6S . (�u.�v
el C?
G#1059722 RA 1109 Road Acceptance Performance Bond (Inspection for
Deposit) 39,603.50, Tax Payer ID 68-0419482, State C2118258, Hofinann
Land Development Co., 1380 Galaxy Way, Concord, Ca 94520
G#1059723 $$16,271.50 RAI 110 Road Acceptance Performance Bond,
(Inspection for Deposit) Federal Tax ID 68-0419482, State C2118258,
Hofmann Land Development co., 1380 Galaxy Way, Concord, Ca 94520
G#1059715 $26,318.00 Sub 8563 Improvement Plan Review, Shapell
Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA
95035
Trust Fund 819800-0800 Total $ 18,800.00
G#1059723 $25800.00 RAI 110 Road Acceptance Performance Bond,
Taxpayer ID 68-0419482, State C2118258, Hofmann Land Development
co., 1380 Galaxy Way, Concord, Ca 94520
G#1059722 $8,000.00 RAI 109 road acceptance performance bond, Tax ID
68-0419482, State C21182581, Hofmann Land Development Co., 1380
Galaxy Way, Concord, Ca 94520
G#1059721 $1,700.00 Subdvision 8023 Landscape Performance Bond,
Taxpayer ID 68-0419482 State C2118258, Hofmann Land Development
Co., 1380 Galaxy Way, Concord, CA 94520
G#1059724 $6,300.00 Subdivison 8023 Off-site Drainage Improvement
Agreement, Tax ID 68-0419432 and State Tax ID C2118258, Hofmann
Land Development Co., 1380 Galaxy Way, Concord, CA 94520
Subdivision: a02-
Bond
02Bond No.: 11141714045
Premium: $1,498.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in Subdivision
80-Z 3 as specified in the Subdivision Agreement(Right of Way Landscaping), and
to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: AI /~wn 1�Qnd DeVeJ a p.-W ePOL Co r" y ,as Principal,and
THE AMERICAN INSURANCE COMPANY ,a corporation organized existing under the laws
of the State of Nebraska and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: O0eXa,6dredonal Si x7�,V5i x-4ouyc=hd, /-ovrlyvt erd
Dollars($ I Cy G . Al00, g° )for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: ,��9���four "T7reo.u 5 a�� 4n d Fi T-"y
Dollars ($ 8qd 0_50. So ) 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:
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.
r.
AS part of the obligation secured hereby and in addition to the face amount specified therefore,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
contractors, subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials fiunished 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" 1
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 subdivision agreement or any plan or specification of said work agreed to by
the Pnncipal and the County shall relieve any`Surety from,liability on this bond; and consent is
hereby given to make such alteration without further notice to br'co'nsent by Surety; and the Surety
hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without
regard to and independently of any action against-Priricipal,whenever taken.
SIGNED AND SEALED on July 24, 2001
HOFMANN LAND DEVELOPMENT COMPANY THE AMERICAN INSURANCE COMPANY
PRINCIPAL: SURETY:
Address: P.O. Box 758 Address: One Market Plaza Spear St. Tower
City: Concord, CA Zi : 94522 City: n Fr fi011s o, C •Zip._ 94 11
By: By:
Print Name: A �T, ��/� � Print Name: Kathleenryant%'
Title: PRESt-DElr/T Title: Attorney-in-Fact
:mw
\\PWSI\SHARDATA\GipDala\EngSvc\Forms\BN WORD\BN-12A.doc
Rev.June 17;.1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On July 24, 2001 before me, Bernice Elizabeth ONeal, Notary Public,
personally appeared Kathleen Bryant, personally known to me 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 her instrument.
BERNICE ELIZABETH ONEAL� Witness my hand and official seal
a COMM. 1189793 CU
m NOTARY PUBLIC-CALIFORNIA 'D
U' CONTRA COSTA COUNTY
My Comm.Expires June 11,2002
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on
the document and could prevent fraudulent reattachment to this form.
CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact
SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY
FIREMAN'S FUND INSURANCE COMPANY
• •NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION,
an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the
Companies")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA
their true and lawful Altorney(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all
bonds,undertakings,recogniunces or other written obligations in the nature thereof _________________________ _—__—_________
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly
attested by the Companies'Secretary,hereby ratifying and confirming all that the said Altomey(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY
CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions are now in full force and effect.
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE
COMPANY,NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED.INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been
amended or repealed:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the
Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by
facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Companies."
IN WITNESS WHEREOF, theCompanies have caused these presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed
this 25th day of_ Sp� mhg r_. 1998_.
FIREMAN'S FUND INSURANCE COMPANY
JPETMCO ��°auu,rc k `�EdMN.s oG ;o°:; 'tiy' NATIONAL SURETY CORPORATION
'':'L`= ` •f ~° '°`�' `�``_ THE AMERICAN INSURANCE COMPANY
FoO
Z sErr a 470 i e z • • =3 Er E A L.'-s` ASSOCIATED INDEMNITY CORPORATION
t] y y i- -- r 2 g°• �.� :?aa; AMERICAN AUTOMOBILE INSURANCE COMPANY
fG4•INCE GO'�t' ,'r!1llUK!►�''����
By
STATE OF CALIFORNIA I
w �fesaem
ss.
COUNTY OF MARIN
On this 25th day of September 1996,before me personally came M.A. Mallonee to me known,who,being by me
duly sworn,did depose and say:that he is a Vice-President of each company,desen'bed in and which executed the above instrument;that he knows the seals of the said.
Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he
signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
L OCAMPO
%__; MyC0rnn1I5T*eS
Commhslon# 1163726
NotaryPublic-Califwga
Motfn County
Nov2B,2001 CERTIFICATE Notary Public
STATE OF CALIFORNIA }ss.
COUNTY OF MARIN
J
1,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked;and furthermore that Article VI1 of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,
are now in form
Signed and sealed at the County of Maria Dated the 24th day of July 2001
43 0
aEPCSVA
6��e�rd�' %� tfN �►t G4� �� �� Resident Asststaar S=Oxy .
360789-11-98
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of Contra Costa )
On July 10, 2001, D. Panteles, a Notary Public in and for the State of
California, personally appeared A.T. Shaw, personally known to me to be the
person whose name is subscribed to 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(s), or entity on behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal
D. PAN
MIS
Nr" Comm.N 1296585 '<n
�`0 NOTARY PUBLIC-CALIFORNIA Y!
Contra Costa County
Signatur � My Comm.Expires March 9,2005 's
....................................................................................................................................................................................................................................................
....................................................................................................................................................................................................................................................
Reference: Improvement Security Bond — Landscape Agreement
Date: July 24, 2001
Pages: 2