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Home My WebLink AboutMINUTES - 08062002 - C16 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 6, 2002, by the following vote: AYES: Supervisors Gerber, Uilkerrla, Glover, DeSaulnier, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/468 SUBJECT: Approving the Improvement Warranty Agreement for Subdivision 8143, being developed by Hofmann Land Development, Byron area(District M). The following document was presented for Board approval for Subdivision 8143 property located in the Byron area, Supervisorial District IU. 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 slopes 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 true and correct copy of an action taken PE:ew and entered on the minutes of the Board of Supervisors on the date 0:\(3rpDatalEngSvc\BO\200218-06-024SUB 8143 BO-15.doc shown. Originator: Public works(ES) AUGUST 06 20(}2 Contact Patricia Edwards(313-2358) ATTESTED. ' cc: Pubic Works- T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Community Development T—6-06-03 Administrator Hofmann Land Development 1380 Galaxy way Concord,CA 94520 fs St.Paul Fire and Marine Insurance Company One Market Plaza,Spear Street Tower y Deputy San Francisco,CA 94111 RESOLUTION NO. 2002! 468 SUBJECT: Approving of Improvement Warranty Agreement for Subdivision 8143,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: 1. Cash Band Performance Amount: $1,000.00 .Auditor's Deposit Permit No. DP 388989 Date: June 27, 2002 Submitted by: Hofmann Land Development Taxpayer identification number: 68-0419482 II. Surety Bond Bond Company: St.Paul Fire and Marine Insurance Company Bond Number and Date: SR9068 June 19, 2002 Performance Amount: $37,000.00 Labor&Materials Amount: $19,000.00 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 NO. 2002/468 IMPRt)'4'EAWNT WARRANTY AGREEMENT (After Construction is Complete) (Government Code §§ 66462 and 66463) Development: Subdivision 8143 Effective Date Principal: Hofmann Land Development Co., Inc. Maintenance Period: 5 Years Bonds: A. gash: $1,000.00 B. Surety: 1. Faithful performance&maintenance: $37,000.00 2. Payment for labor and materials: $19,000.00 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 mariner 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 perforin 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: $37,000.00, 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 sudi additional security, in the amount: $19,000.00, which is 50% of the 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 COUNTY. 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 heron; 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 as completedand 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 gay 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, WARRAN'T'Y: 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 8143 for maintenance. CONTRA COSTA COUNTY: PRINCIPAL: Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc. By: _By: r' 1 A.T. Shaw,President R &MENDED FOR APPROVAL: By: i ervices Division r, FORM APPROVED: Victor J.Westman,County Counsel :ct G:1CsrpData\Engsvc\CMs\Projects\Discovety Bay West1SUB 81431SUB 8143 Warranty Agnnt..doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of� _ 4 c�" .__ _____ OPTIONAL SECTION ION County of CAPACITY CLAIMED BY SIGNER 4 ~{ �" � Though statute does not require the Notary to Oil In t)rr '� .� � ,before mc, .� '�.I:'�� . •E` , ME,TITLE OF O CER .o., JAM DOE,NWARY t uc� the data below,doing so may prove Invaluable to ,;k persons relying on the document. personalty appeared NAMRSOF st NSte(s) # INDIVIDUAL �sersonally known to me-OR-D proved to me on the basis of satisfactory evidence to i�O RATIN EPIC be the person(s)whose name(s)is/are T ($) r subscribed to the within instrument and acknowledged to me that he/she/they executed p PARTNER(S) 0 LIMITED 1007,E 04W 04,Y; WWDab;.: the same in his/her/their authorized 0 GENERAL Atu403 03o3 eaaso eapacity(ies),and that by hiAer/thou 0 ATTORNEY-IN-FACT �iht f{lill+l� 319:d naaz,s a signature(s)on the instrument the person(s)or the entity upon behalf of which the person0 s) ❑ GUARTRUSEErIAN/C(7NSERVAT(�R GUARDIAN acted,executed the instrument. OTHER:D THBR: SS my hand and oftictel seal, SIGNER IS REPRESENTING: i (NAM&OF FERSON(S)OR NNrrrY(MS)t SIO A P NbT'ARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document In _��L�° 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 TNSTRI3t"I IMS TG NGITARY 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 sign exactly as it is typed or printed. II. SIS _ tS FOR INDIVIDUALS --The name must be signed exactly as it is printed or typed. The signer's interest in the property mus�ecT. M. SIGN TURD FOR PARTNERSHIPS - Si ng party must be either a general partner or be authorized in writing to have the authority sign g nor and bindthe partnership. IV. SIGNATURES FOR CORPORATIONS Document s should bee signed by two-officers,one from each of the following two groups: GROUP 1. Ha4 The Chair of the Board The President Any Vice-President GROUP 1a The Secretary An Assistant Secretary c The Chief.Financial f5fficer 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.:s required.A currently valid power of attorney,notarized,will suffice. e. 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." J*WW VWS41Si AR0ATA%QMD taWv6FmWWORDFORWAUPURPOSENOTARYAoo COUNTY Of CONTRA COSTADEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA c a a TO THE TREASURER: RECEIVED FROM {` ORGANIZATION NUMBER J (For Cosh Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. ACCO TASK OPTION ACTIVITY AMOUNT '»s12 & �e " � 3 3 �1 TOG 04 CG { _ r C 01 to 5bqW y TOTAL $ EXPLANATION. } t ; DEPOSIT Deposit consists of the follcswi items ' - CC31N and CURRENCY $ , V0 CHECKS,M.0,ETC. $ Clio BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER 308489 DATE ASSIGNED The amount of money described above is for Treasurers receipt of above amount is approved Receipt of above amount is hereby deposit into then County Treos Y acknowledged. Signed c" / " k ;date _ / Signed: Y signed: / D cunt vdit Deputy County Treasurer TItIe: i.( t,-' EXT. ;r,. 'y -34REV.(7-43) U X COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA r^} RECEIVED FROM \ ORGANIZATION NUMBER (br�snimtion} 4, {For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT t Y { E i I 1 I { i { t t { I 1 { { { t t { { EXPLANATION: TOTAL $ t DEPOSIT { D osit consists of the following iterns COIN an`d-CURRE� Y $ CHECKS,M.O,ETC. BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ti 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 t .County Treasury acknow Signe �'•1;;';i Date --- / �s -r Signed_l, Signed: `� -T EXT. �' vty Coun itor Deputy County Treasurer -34 REV.(7-93) C) 0 U k 839840-0800: G1493315, 11,000.00, SUB 7595 Subdivision Agreement Cash Bond, Olson Financial, 90 Village Drive, Brentwood, CA 94513 819800-4804: G1093324, J1,000.00, SUB 7686 Five Year Improvement Warranty Cash Bond, Hofmann Land Development, 1380 Galaxy Way, Concord, CA 94520 819840-0800: 01093325, $1,000.00, SUB 8A3 Five Year Improvement Warranty Cash Bund, Hofmann Land Development, 1380 Galaxy Way, Concord, CA 94520 000649-9665 l 831004: 61493324, $14,398.00, PA 0003 Landscape Plan Check Fee, Shapell Industries of Northern California, 100 N. Milpitas Blvd., PO Box 361169, Milpitas, CA 95435 Carlson, Barbee & Gibson, Inc. CIVIL ENGINEERS - SURVEYORS - PLANNERS PRELIMINARY WARRANTY BOND ESTIMATE i-Mar-01 DISCOVERY BAY WEST SD 8143 5 YEAR CURB WARRANTY CONTRA COSTA COUNTY,CALIFORNIA Unit Item Desari tion Quanti# Unit price Amount R PLAGEMEfYT com STREET WORK 1 Demolition and Removal 1 LS $ 25,000.00 $ 25,000.00 2 S1-150 Curb 1,485 M $ 35.00 $ 51,975.00 3 Sidewalk 1,730 SM $ 30.00 $ 51,900.00 4 6.1m Pedestrian Ramp 10 EA $ 1,300.00 $ 13,000.00 5 3 -wide Pavement Replacement 4,750 SM $ 21.00 $ 99,750.00 6 76mm Curb Drain 462 EA $ 25.00 $ 11,550.00 Subtotal $ 253,175.00 15%of Subtotal $ 37,976.25 Total Bond Amount(to nearest$1110) $ 38,000.00 �a pFtOI'ESs jp� `� ��•3469 '� OV IL �+ Vf CALIV10 histo,efy fay west CO3•00 BoWSD8163.xis Page 1 Qpd&W:,3V01 2603 CAMINO RAMON,SUITE 100 SAN RAMON,CALIFORNIA 94583 (925)866-0322 - FAX(925)865-6575 Development: Tract 8143 Bond No.: SR9068 Premium. $641.00 SECuRrf'y BOND FOR IMPTtOYEMENT WARRANTY AGREEMENT 1, RECITAL OF IMPROVEMENT WARRANTY AGREEMENT: Principal has executed an improvement warranty agreement with the County of Contra Costa to maintain and repair curbs and other affected improvements for Tract 8143 at principal's expense for a period of five years, as specified in the improvement warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the final map for said subdivision. 2. OBLIGATION: HOFMANN LAND DEVELOPMENT COMPANY as principal and ST. PAUL FIRE AND MARINE INSURANCE COMPANY , a corporation organized and existing under the laws of the State of Minnesota and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: THIRTY SEVEN THOUSAND AND NO/100----------------- Dollars($ 37,000.00 }for Contra Costa County or any city assignee under the above improvement warranty agreement. B. Payment: NINETEEN THOUSAND AND NO/100--------------------------------- Dow$ 19,000.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION' 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 B. The condition of this obligation, as to Section (2.8.) 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 Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the 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. No 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 lune 19, 2002 HOFMANN LAND DEVELOPMENT COMPANY ST. PAUL FIRE AND MARINE INSURANCE PRINCIPAL: SURETY: COMPANY Address: P.O. Box 7 58 Address: one Market Plaza, Spear St. "Cower Concord CA 94522 Sa Fra CA 94111 City: ip: City: gyp: _ By: t2 By: Print Name: f T �A t' Print Name Kathleen Bryant Title: Pft J` Title: Attorney-in-Fact 7D:mw:lap G:iGrpDau\EngSvclPattyBd\2002Vunalt7saeo Bay W artanty Agrmt Bond.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of L�;. OPTIONAL SECTION County of � � CAPACITY CLAIMED BY SIGNER Chs ,before me ��C..tI cs "Though statute does not require the Notary to fill in DArE NAME,TrrU OF OFFICER S.G.,"IANB DOB,NOTARY PUBLIC" the data below,doing so may prove Invaluable to ,= �t� persons relying on the document. personalty appeared X S NAMB(S)OF SIGNER(S) CI INDIVIDUAL personally known to me-OR-G proved to me on the basis of satisfactory evidence to ORATE O" IBB{S) be the person(s)whose name(s)is/are a (S) subscribed to the within instrument and acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED D. PANTELES the same in hiAerttheir authorized 0 GENERAL ca ci ses and his/her/their U ATTORNEY-IN-FACT �„ Comm,#1�885�5 � �(� ), y W. � Sol ABY PUBLIC CALIFORNIA U► signature(s)on the instrument the person(s)or U TRUSTEE(S) j ConV3 Coke County the entity upon behalf of which the person(s) 0GUARDID OTHER: MY COMM,Expizts Marsh 9,1005 acted,executed the instrument. ANtCONSBRVATC)R tl OTHER: S my hand and pfficial seal, SIGNER I5 REPRESENTING. NNXA—k--1 (NAME OF PERSON(S)OR ENrrrY(IFS)) SIGNATURE OF NOTARY y OPTIONAL SECTION THIS CERTIFICATE MUST HE 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 trate of Document_ to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this fmn 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. - - 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. - - — M. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign or an to a partnership. N. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board ((b))The President c Any Vice-President GROUT'Z. a The Secretary lbAn Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two$roues 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: w \\P &Sl O,DATA\GrpDatalrs VC\FFascm1V ORD FORMSIAI.L PMOSE NOTARYAOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On June 19, 2002 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. *' SANDRA FREDRICKSON0 COMM.S 1287399 Ait77ARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY O COMM.EXP.DEC.16,2004 �rrrrrr:rrrrrrrrrrrrrrrrrrrrrrrrrrrrrsrrrrrrrrrrsrrrrrrrrrrrrrrrrrrrrrrrrrrr OPTIONAL errr�r�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Though the data below is not required by taw, 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: ST. PAUL FIRE AND MARINE INSURANCE COMPANY lhe.%Paul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire anis Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 20396 Certificate No. 1260618 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=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 Kathleen Bryant and James C.Jenkins of the City of— Concord ,State—_— California their true and lawful Attorne s-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 WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 1st.. day of December 1999 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marne Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company 132p art ,t t #;ggg ip , tgge j fI�J /� ♦ f JOHN F.PHINrifEY,Vice President State of Marylandt City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 1st day of December , 1999 before me,the undersigned officer,personally appeared John F. Phinney 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. In Witness Whereof,I hereunto set my hand and official seal. CRY r,, My Commission expires the 13th day of July,2002. ' REBECCA EASLEY-ONOKALA,Notary Public 86203 Rev.7-2000 Printed in U.S.A. 'nis Power of Attorney is granted under and by the au=thority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,SL Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Cornpany, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1938,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 natne 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 he engraved,printed or Iithographed. The signature of each of the foregoing officers and the seal of the Compan ,;iivay 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 a'ttesting 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 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_ 19th day of_ June 2002 ySliRyErrp yT'Mt 4t�p.igsv4 ,�+J,�+,xsL�� _�+,� j may(jj/ r . Thomas E.Huibregtse,Assistant Secretary. To verify the authenticity of this Power of Attorney,call 1-804-421.3880 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. f Fireman's Fund.Insurance Company Bond No. 11119463526 The American Insurance Company National Surety Corporation Tt' Associated Indemnity Corporation Fmk: American Automobile Insurance Company Rider In consideration of the premium charged,it is understood and agreed that. Effective from the grid day of July 2002 PERFORMANCE BOND AMOUNT BE AMENDED FROM: SEVEN HUNDRED THIRTY FOUR THOUSAND SEVEN HUNDRED AND NO1100-- _----------($734,700.00) TO: ONE HUNDRED TEN THOUSAND TWO HUNDRED FIVE AND NO/100-------- ------------($110,205.00) Provided however,that the liability of the 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 extend any of the terms,conditions,agreements or warranties of the undermentioned bond other than as stated above. { Attached to and forming apart of Bond No. 11119463526 issued by the THE AMERICAN INSURANCE COMPANY dated the 15th day of February 2000 on behalf of TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT and in favor or COUNTY OF CONTRA COSTA Signed this grid day of July 2002 THE AM ICA URANCE C04Y Surety By: a t e ri B rya rl t, Attorney-in-Fact 360270-11-99 CALIFORNIA ALL-=PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa Can July 2, 2002 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 �- SANDRA'REDRICKSON r () COMM.S 12873" NOTARY PUBM4AUFORMA� 16,2004'A rrwrrryrrwarrwrrrwrrrrrrrrrrerrwrwrrwrwwwrwrrwrw:rrrrr:r:rrwwwrrrwrrrrrwr■r OPTIONAL fwrwratwraaarrwrrwrrswwrrr:rrrrrrrrrwrrrrrwrwrrwwwrwrwwrwwrwrrrrwrwswrrrrwrrr 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 ASSOCIA'T'ED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT'S: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 i, KATHLEEN BRYANT s CONCORD CA their true and lawful Attorneys)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seat,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof _—----,... ----------------------------------- and "„—__—.,,,__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 duty attested by the Companies'Secretary,hereby ratifying and confirming all that the said Atiorney(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 seated 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 repeated: "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, the Companies have caused these presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed this 5th dayof SeRtember 299$ _• r�,,„ •i1.kP!'2�, FY€RJ�' ""'"""!"y'�•,� FIREMAN'S FUND INSURANCE COMPANY �A°iaa,trrr e"t�' .+•+« t'y '�'�i �s4�e'� .�""^ �` NATIONAL SURETY CORPORATION ' ' 'i+►"•;may ` '' �. o * * ` �-•= ` THE AMERICAN INSURANCE COMPANY J O , e L ASSOCIATED INDEMNITY CORPORATION $r;P'r.a,xrro tjli\ a`. a� +y Y iii. �3+ `AMERICAN AUTOMOBILE INSURANCE COMPANY y 5 � C NCIE By STATE OF CALIFORNIA vK Pr«dent SS. COUNTY OF MARFN On this2 �h day of ep tgt ber ,before me personally came M.A. MaRonee to me known,who,being by me duly sworn and say:that he is a Vice-President ofc�pany,described in and which executed the above instrument;that he knows the seals of the said_. Companies;that the seals affixed to the said instrument ane 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 hard and affixed my official seal,the day and year herein first above written. L OCAMPO 11 e Commissicln# 1167'16 ,+ Notary Puff Cath ifcxrlia,Mai ! WC0(TMExPr sN0V28,21301 KWA.7 Publ;c CERTIFICATE STATE OF CALIFORNIA ss. COUNTY OF MARIN I,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full forte and has not been revoked;and furthermore that Article VII 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 fom 2nd 2002 Sip wd and sealed at the County of Maria.Datod the day of July asarra a, {ffi LFALs •a,raa i kcl �S �t'1NL`C°1i1 V AS, •+�0 Ra;"AsantwSmuy :i6tlY 39-I1-9S v,