Loading...
HomeMy WebLinkAboutMINUTES - 08062002 - C14 { TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 6, 2002, by the following vote: AYES: Supervisors Gerber, Uilkema, Glover, DeSaulnier, and Gioia NOES: None ABSENT: Nene ABSTAIN: None RESOLUTION NO. 2002/ 466 SUBJECT: Approving the Improvement Warranty Agreement for Subdivision 7686, being developed by Hofmann Land Development,Byron area(District III). The following document was presented for Board approval for Subdivision 7686 property located in the Byron area, Supervisorial District III. An Improvement Warranty Agreement with Hofmann Land Development,principal, whereby said principal warrants that the curbs, along with adjacent pavement and sidewalks, installed on profile stapes less than I%, were otherwise constructed, installed and completed in this development in a manner equal or superior to the requirements of the County Ordinance Code, Title 9. Principal also guarantees that the aforesaid development improvements are and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and developer shall maintain the improvements for five years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance,particularly ponding of storm water in gutters. I hereby certify that this is a tale and correct copy of an action taken PE:cw and entered on the minutes of the Board of Supervisors on the date Cr:\GrpData\EngSvc\BO\2002\8-06-02\SUB 7686$0-15.doc shown. Originator: Public Works(ES) Contact: Patricia Edwards(313-2358) ATTESTED. AU ST 06 2002 cc: Pubic works- T.sell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Conununity Development T—6-06-03 Administrator Hofmann Land Development 1380 Galaxy way Concord, 94520 St,Paul Fire and Marina Insurance CoMany �,�}• �� One Market Plaza,Spear Street Tower By ,Deputy San Francisco,CA 94111 RESOLUTION NO. 20021 466 SUBJECT: Approving of Improvement Warranty Agreement for Subdivision 7686,being developed by Hofmann Land Development, Byron area(District III). DATE: August 6, 2002 PAGE: 2 Said document was accompanied by security,guaranteeing all improvements as stated in said agreement and required by Title 9 of the County Ordinance Code, as follows: I. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP 388989 Date: June 27, 2002 Submitted by: PHofinann Land Development Taxpayer identification number: 68-0419482 H. Surety Bond Bond Company: St. Paul Eire and Marine Insurance Company Bond Number and Date: SR9069 June 19, 2002 Performance.Amount: $25,000.00 Labor&Materials.Amount: $13,000.00 Principal: Hofmann Land Development NOW, THEREFORE, IT IS RESOLVED that said improvement warranty agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION 2002/466 IMPROVEMENT WARRANTY AGREEMENT (After Construction is Complete) (Government Cade§§ 66462 and 66463) Development: Subdivision 7656 Effective Date: Aytz;� y Principal: Hofmann Land Development Co., Inc. Maintenance Period: 5 Years Bonds: A. Cash: $1,000.00 B. Surety: 1. Faithful performance&maintenance: $25,000.00 2. Payment for labor and materials: $13,000.00 PARTIES &. DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County," and the above-named"Principal,"mutually premise and agree as follows concerning this development. IMPROVEMENT WARRANTY.Principal warrants that the curbs and adjacent pavement and sidewalks,that were installed on profile slopes of less than 1%,were otherwise constructed,installed and completed in this development in a manner equal or superior to the requirements of the County Ordinance Code,Title 9. GUARANTEE&MAINTENANCE.Principal guarantees that the aforesaid development improvements are and will be free from defects and will perform satisfactorily in accordance with the County Ordinance Code and principal shall maintain the improvements for five years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance,particularly ponding of storm water in gutters. IMPROVEMENT SECURITY BONDS.Upon executing this agreement,principal shall deposit as security with the County: A. Cash: (For faithful performance)a cash bond in the amount: $1,000.00 B. Surety: 1. (For faithful performance) additional security, in the amount: $25,000.00, totaling 15% of the cost of the estimated improvements, less the cash bond, in the form of cash, an acceptable instrument of credit, or an acceptable corporate surety bond, guaranteeing faithful performance of this agreement and maintenance of the work for five years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance;plus 2. (For payment for labor & materials)another such additional security, in the amount: $13,000.030, which is 50% of time estimated cost of the aforementioned improvements, securing payment to the contractor,to the subcontractors and to persons renting equipment or furnishing labor or materials to them or to principal. Said payment bond to become null and void six months after the completion of warranty. NO WAIVER BY COUN'T'Y. Inspection of the improvements and/or materials, or approval of improvements and/or materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any part thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements and/or materials,or payments,therefor, or any combination or all of these acts,shall not relieve principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof, INDEMNITY:Principal shall hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. Indemnities benefited and protected by this promise are the County and its special district, elective and appointive boards,commissions,officers,agents,and employees; B. 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 completed the review of the improvement plan or accepted the improvements ascompleted and including the defense of any suit(s), action(s),or other proceeding(s)concerning these; C. Actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this agreement and attributable to principal,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 indemnity has prepared,supplied,or approved any plan(s)or specification(s)in connection with the improvements or development,or has insurance or other indemnification covering any of these matters. COSTS: Principal shall pay, or have paid when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. NON-PERFORMANCE AND COSTS: If principal fails to maintain the work and improvements during the time specified in this agreement, County may proceed to repair them by contract or otherwise and principal shall pay the costs and charges, therefor, immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs and the cost of maintaining the improvements, principal shall pay all reasonable attorneys' fees, costs of suit and all other expenses of litigation incurred by County in connection therewith. ASSIGNMENT: If, before the completion of the maintenance period, the development is annexed to a city, County may assign to that city County's rights under this agreement and any cash bond or surety securing them. LABOR&MATERIALS,WARRANTY: Principal further warrants that the claims and liens of all persons,,contractors and subcontractors furnishing labor or materials for the maintenance or repair of said improvements in the development have been satisfied. Principal agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and development appearing hereafter upon demand by County. CONSIDERATION: In consideration hereof, at the end of the five year warranty period, County will accept the curbs and adjacent pavement of Subdivision 7686 for maintenance. CONTRA COSTA COUNTY: PRINCIPAL: Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc. t AIR-, By: Bx�_"4�m _hT_ - . — A.T.Shaw,President RECOMMENDED FOR APPROVAL: By�_ E ervices Division FORM APPROVED: Victor J.Westman,County Counsel :c3 G:\GrpUata\EngSvc\Chris\Projetts\Discovery Bay West\SUB 7686\SUB 7686 Warranty Agrmt..doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT state of i OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER on before me, �4� ' S- Though statute d not require the Notary to fill in DATE NAM,TITLE OF OFFICER B.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared �,_-'7rt � � persons relying on the document. NAMRS)OF SIGNERS) 0 INDIVIDUAL personally known to me-OR-0 proved to me on the basis of satisfactory evidence to ORATE OFF E (S be the person(s)whose name(s)is/are C'e-�"k "— subscribed to the within instrument and TITLE(S) ..,,..-.�... acknowledged to me that he/shelthey executed 0 PARTNER(S) 0 LIMITED Le the same in his/her/their authorized . PAIVTE411 ct GENERAL capacity(ies},and that by his/her/their El ATTORNEY-IN-FACT Comm. 129$585 signature(s)on the instrument the person(s)or NOTARY PUBLIC..?CALIFORNIA the entity upon behalf of which the petson(s) 0 TRUSTEE(S) C^errs Cass County " acted,executed the instrument. 0 GUARDIANICONSER.VATOR MY Comm.fxyires March 9,2005"i 0 OTHER: S my hand and o Tal seal, SIGNER IS REPRESENTING: � (NAME OF PERSON(S)OR ENTrrY(IES)) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CER'T'IFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below 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. L FUR ALT,SIGNTURES µ 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. II. SIGNATURES FUR IND1VIl7U ATALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. IIT. SIGNATi S FOR PARTNERSHIPS - Si ng party must be either a general partner or be authorized in writing to have e authority to signor andint�it a partnership. IV. SHIGNAE=S FOR QORP 3RATION_S octiments shoulde be signed two officers,one from each of the following two groups, GROUP I. {a}The Chair of the Board (b}The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the 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," XMW L\PWS4',S'ttARDAATTAN(3rpDAta\BniSvckfornrztwORD FORWALL PURPOSE NOTARY.doc ,4 k COUNTY OF CONTRA COSTA 3 :._ .' *1�to t>lleposiT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER �! r TO THE TREASURER: MARTINEZ,CALIFORNIA c L RECEIVED FROM ORGANIZATION NUMBER #9rgcmizasicn} (for Cash Collection Procedures see County Administrotor's Bulletin 105) DESCRIPTION FUNDJORG ACCT. TASK OPTION ACTIVITY AMOUNT � l $ .. ( #° -, ! ' ~ 3 I I i S t I I I I I I I L I rbc 3.: �, 6,q r(_7 i Oq�AIL#, I III Ll ItI ]-A L__L. A) c i % C .; ; . I I 1'1,zDkB lou ,. I !�UA 3 &JA A61ml I I 1--t— ,, t 0 EXPLANATION: .ff TOTAL $ I IM 11 � _ � / Deposit ca3sis#s of the#o�wi items i/ COIN and CURRENCY } { ; V03:CV03: CHECKS,cKs,rnoh ETC.��L�-C,r� � . ! LL' BANK DEPOSITS $ f~ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT ©[_ 0 NUMBER DATE »-- ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into th?,County Trees acknowledged. Signed: f .e y y fate It !"+ / Signed: Signed: -;E ;' ( " ` t?t.• ! EXT. ,r Depu y aunty udit Deputy County Treasurer 04 REV(7-93) �� COUNTY OF CONTRA OSTA � 0 4 � DEPOSIT PERMIT f OFFICE OF COUNTY AUDITOR-CONTROLLER e TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER t `� (Chgahixoi}en} *" (For Cash Collection Procedures see County Administrator's Bulletin 105.) Sull DESCRIPTION FUND/ORG. TASKpPTION ACTIVITY AMOUNT �MYLs -32-3 } # } i } } # # } } I # } # i } # } f } # EXPLANATION: TOTAL $ } DEPOSIT ► Deposit consists o€the foikxwing items coiN" ,e cYcY $ -- CHECKS,W%ETC. BANK DEPOSITS 3 FOR AUDITOR-CONTROLLER USE ONLY , DEPOSITPERNT �` + NUMBER DP SL 2 �? DATE =1 1 2— ASSIGNED 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. ackrxrwkdga lL___ Signed�J� c� A CZ10fi-0Date ZI Title: EXT. 7 Signed: uty Caen itor Signed: Deputy County Treasurer -34 REV j7-93) 819800-0800. G1O93315, .' 1,000.00, SUB 7515 Subdivision Agreement Cash Band, Olson Financial, 90 Village Drive, Brentwood, CA 94513 819800-08001: 01093324, $1,000.00, SUB 7686 Five Year Improvement Warranty Cash Band, Hofmann land development, 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1O93325, $1.000.00, SUB 8143 Five Year Improvement Warranty Cash Bond, Hofmann hand Development, 1380 Galaxy Way, Concord, CA 94520 000649-9665 1 831000: G109332O, $14,398.00, PA 00013 landscape Plan Chea Fee, Shapell Industries of Northern California, 100 N. Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Carlson, Barbee & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS PLANNERS PRELIMINARY WARRANTY BOND ESTIMATE 1-Mar-01 DISCOVERY BAY WEST SD 7686 5 YEAR CURB WARRANTY CONTRA COSTA COUNTY,CALIFORNIA Unit Item Description Ouantlty Unit Price Amount REPLACEMENT COSTS STREET WORK 1 Demolition and Removal 1 LS $ 20,000.00 $ 20,000.00 2 S1- 150 Curb 1,035 M $ 35.00 $ 36,225.00 3 Concrete Sidewalk 1,280 SM $ 30.00 $ 38,400.00 4 6.1m Pedestrian Ramp 6 EA $ 1,300.00 $ 7,800.00 5 3m-wide Pavement Replacement 3,280 SM $ 19.00 $ 62,320.00 6 76mm Curb Drain 342 EA $ 25.00 $ 8,550.00 Subtotal $ 173,295.00 15%of Subtotal $ 25,994.25 Total Bond Amount(to nearest$100) $ 26,000.00 VIL Discovery Say west 093-06 SondSWON.xls age 1 Updated.&201 2603 CAMINO RAMON,SUITE 100 • SAN RAMON,CALIFORNIA 94583 (925)866-0322 FAX(925)866-8575 - y Development: Tract 7686 Bond No.: SR 069 Premi um: 435.00 SECi.TRrry BOND FOR NPROVKWNT WARRANTY AGRtEEARNT 1. RECITAL OF IMPROVEMENT WARRANTY AGREEMENT. Principal has executed an improvement warranty agreement with the County of Centra Costa to maintain and repair dubs acid other affected improvements for Tract 7686 at principal's expense for a period of five years, as specified in the improvement warranty agreement, all in accordance with.State and local laves and rulings thereunder in order to satisfy conditions for filing of the final map for said subdivision. 2. ojaLIGATIoN: HOF'MANN LAND DEVELOPMENT COMPANY as principal and �ST. PAUL FIRE AND MARINE INSURANCE COMPANY , a corporation organized and existing under the laws of the state of Minnesota and authorized to transact surety business in California, as surety, hereby jointly and severally hind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: TWENTY FIVE THOUSAND AND N'O/100____________________ Dollars($ 25,000.00 ) for Contra Costa County or any city assignee under the above improvement warranty agreement. B. payment: THIRTEEN 'THOUSAND AND NO/100--------------------------------- DoRm($ $13,000.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division In of the Civil Code of the State of California. 3. CoNmrm: A. The Condition of this obligation as to Section(2.A.)above is such that ifthe above bonded principal, or principal's heirs,executors,administrators, successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all,respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city 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,part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra.Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under,the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included 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 Sections 3082)ofPart'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 work under conditions 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. leo alteration of said improvement warrenty agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on dune 19, 2002 HOI=MANN LAD DEV O MENT COMPANY ST. PAUL FIRE AND MARINE INSURANCE PRINCIPAL: � SURETY: COMPANY Address: P.O. Box 758 Address: One Market Plaza, Spear St. Tower City: Concord, CA Zi 94522 City:San YranciJF, CA ip: 94111 By: By: _ Print N- ame: , { L 5 HA 11) Print aKathleen Bryant Title: per/ �' Title: Attorney-in-Pact TD:mw:lap G:\GrpData\EugSvc\PaltyEd\2002\June\Disco Bay Warmty Agrmt Boaddoc �s CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of t..,.G `i OPTIONAL SECTION Cosanty of - C ti ti CAPACITY CLAIMED BY SIGNER its ' Wbre the "� Though statute does not require the Notary to rill in ATEC I1Ahtii,TITLB OF OFFICHR .,"IA2eE $.NOTARY PtrnLsc^ the data Wow,doing so may prove invaluable to personally appeared persons relying on the document. NAME(S)OF SICsNER(s) 0 INDIVIDUAL personally known to me-OR-U proved to me on the basis of satisfactory evidence to OTB APIC (S) be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed C PARTNER(S) O LIMITED the same in his/her/their authorized 0 GENERAL PANTILES apacity(ses),and that by his/her/their p ATTORNEY-IN-FACT .rignature(s)on the instrument the person(s)or 0 TRUSTEE(S) Comm' 1296585 e entity upon behalf of which the person(s) ( ) NOTARY PUBLIC•CALIFORNIA � d.executed the instrument. 0 GUARDIAN/CONSERVATOR Contra Casts County ument. 0 OTHER: My Camra,Expires Match 9,2005"a S my hand ato official seal„ SIGNER IS REPRESENTING: {NAME OF PERSON(S)OR ENTITY(IES)} SIGNATURE OF NOTARY OPTIONAL SECTION LThough ICATE MUST BE ATTACHED Title or Type of Document UMENT AT RIGHT. Number of Pages a below is not required by law,it tray prove valuable Date of Document ing on the document and could prevent fraudulent Signers)OtherThan Named Above 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 ALLSIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must a se g exactly 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 stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e au ority to sign or an in a partnership. IV. SIGNATURES FOR CORPORATIONS ocuments s ould be signed y two o iters,one from each of the following two groups: GROUT' 1. ((a)The Chair of the Board {b)Tlie President (c}}Any"Mice-President GROUP 2. NC The Secretary An Assistant Secretary The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board.of Directors authorizing the person signing the 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." IC:nm \TW'S4�SHARDAATA1CnpData\EngSvc\Formi WORD FORMSL4LL PURPOSE NOTARY.doc I ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On June 19, 20702 before me, Sandra Fredrickson, 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. Witness my hand and official seal Ir5A DRA FREDMCKSCN COMM.i 12(!7399 "9 NOTARY PUMJC.CAUFQRNfA� CONTRA C.CiSTA COUNTY COMM.EXP.DEC.16,2004'a �■■r■■■■■■■■■■■■r■■■■■■■■■■■■■■■■■r■■■■■u■u■■■■r■r■rr■rrr■■■■rr■r■■■■s■■r■ OPTI©NAL rrrrrrrrrrrrrrrr■■■■■■■■■■■■■■■■■■■■■■■■■r■r■rrr■■■■■r■■■■■r■■r■rrr■rrrrr■rr Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fi-audulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: ST. PAUL FIRE AND MARINE INSURANCE COMPANY 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 2,1998,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 to 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 the seal of the Companf nay be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes only of executing and aitesting 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 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 Attorneys)-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 ���� day of_____,i U fle � ___2002 suety �iNNt �lpii t�s�� ,yJ�t,,Hnut„ _ctrtY+N®j � y1 wTtuKo-ontiyM1,� a7.rwx�ostr��°� �f4�j � t f �` 7927 S i� �(sen��8 a'�s�x�g tis 197'ri i9si J ` ;..✓ �\.... yt ;+ .. +" `+: E.Thomas EHuibre tse,Assistant Secretary . g .y To ver(fy the authenticity of this Power of Attorney,call 1-800-421-33380 and ask for the Power 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. Fireman's Fund insurance Company gond Na 113194€3534 The American Insurance Company National Surer Corporation FirMIcWS Associated Inclermnity Corporation FMIr American Automobile Insurance Company Rider In consideration of the premium charged it is understood and agreed char. Effective from the 9th day of MY 1 y 2002 PERFORMANCE BOND AMOUNT BE AMENDED FROM: FIVE HUNDRED SIXTY NINE THOUSAND AND NO/100----($569,000.00) TO; EIGHTY FIVE THOUSAND THREE HUNDRED FIFTY AND NOJ100---($85,350.00) Provided.however,that the lkb&yofthe THE AMERICAN INSURANCE COMPANY under the attached bond and under-the attached bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary,waive,alter or exa nd any of the terms,conditions,agreements or warranties of the undermentioned bond,other than as stated above. 11119463534 THE AMERICAN INSURANCE COMPANY Attached to and farming a part of Bond No. issued by the dated the 15th day of February 2000 TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT on behalf of and in favor or COUNTY OF CONTRA COSTA Signed this 9th day of July 2002 THE AME Or CAN IN URANCE COMP Surety By: t h l e n Bryant,— Attorney-in-Fact 3r0aJo-17-� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 9, 2002 before me, Sandra Fredrickson, Notary Public, personally appeared Kathleen Errant, 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. Witness my hand and official seal +- SANDRA FREDRICKSON 0 COFAM.#12873" f E • NOTARY PUBLIC-CAUFORM { ; CONTRA COSTA COUNTY 0 COMM_EXP.DEEM 2004'' 7 crr�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrar®■ OPTIONAL *■rrrrrrrrrrrrrrrrr:rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■rrrrrrrrrrrrrrrrrrrssr Though the data below is not required by law, it may prom valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACI'T'Y 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 corpormion,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")dors each hereby appoint .TAMES C. JENKINS, KATHLEEN BRYAN,T, CONCORD CA their trite and lawful Attomey(s)-in-Pact,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof-----—...r...—_,.._._a,,—,,,_.,,,,, —_,,,,_,,,,——,,,o,,,,,,_--- 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 seats of the Companies and duty attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-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 SURE'L'Y 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 Match, 1495,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 seat of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any ccrtifwate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Companies." IN WITNESS WHEREOF the Companies have caused these presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed this 25Lh day of _Seti _ember rxAM's iur aOta `�h FIREMAN'S FUND INSURANCE COMPANY "�.ssrl rtrr[ a� ..».. fey t�* "'{*ti 400 4"aW_ `t� NATIONAL SURETY CORPORATION �' �* " r • sg :•• THE AMERICAN INSURANCE COMPANY aenra+era ' it 6 X AL) ASSOCIATED INDEMNITY'CORPORATION ; .6X AMERICAN AUTOMOBILE INSURANCE COMPANY kca tfxrr tiev ttNas a'� By STATE OF CALIFORNIA SS, COUNTY OF MARFN On thish_ day of �jp , ,before me personally cam M-A. Maliotlee to me known,who,being by me duly sworn, and say:that be is a ice-Pres eat of each oampany,desmbed in and which executed the e instrumeah that he knows the seals of the said.. Companies;that the seals affixed to the said ivstrument ate Stich company seels;that they were so affixed by order of the Board of Di+reclors of said companies and that he signed his name thereto by like order. IN WI NM WHEREOF,I have hereunto set my hand a;ncl affixed my official seal;the day and year herein fust above written. L OCAWO am/CCn-MEVkeSNvA2W1 CommE*)n II 1163726Notary Pubitc• msfarForifl Cl<xmFy Notary Puttttc CEKT"1G1 TC ATE STATE OF CALIFORNIA J ss. COUNTY OF MARIN I,the undersigned,Resident Assistant Sectary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF AMRNEY remains in full force and has no been revoked,and furthermore that Article VII of the By-laws of each Company,and the Resolution of the Board of€>imaoM set forth in the Power of Attorney, are now in force. Signed Sad seated at Lha County of Multi..Datod the 9th day of July 2002 Ike- �NM+I��!r - � aau..a+' bB C°3 XC[e� tptlhS. sO�Y