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Home My WebLink AboutMINUTES - 09232003 - C.12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/563 SUBJECT: Approval of Road Improvement Agreement for Bixler Road,RA 1121, Subdivision 8570,being developed by Hofmann Land Development Co.,Byron area.(District III} The following document was presented for Board approval for Bixler Road,road acceptance file RA 1121 (Subdivision 8570)property located in the Byron area, Supervisorial District III. A Road Improvement Agreement with Hofinann Land Development Co.,principal,whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of pavement widening, overlay, curb, gutter, sidewalk, traffic signing and striping, storm drainage, and culvert extension to East Contra Costa Irrigation District facilities. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action L Originator: Public workstaken and entered on the minutes of the Board of Supervisors Contact: Cluis Lan(313-22293)93) �.7 CL:mu on the date shown. G:\ftData\EngSvc\BO\2003\9-23-03\SUB 8570 BO-15 Bixler.doc cc: Public Works- T.Bell,Construction Current Planning,Community Development T—June 23,2004(P 1) ATTESTED: SEPTEMBER 23, 2003 xoBLand t i Development co. JOHN SWEETEN, Clerk of the Board of Supervisors and 1380 Galaxy Way County Administrator Concord,CA 94522 T iberty Mutual Insurance Company Deborah Baker I Front Street,Ste.870 San Francisco,CA 94111 By ��" ,Deputy RESOLUTION NO.2003/ 563 SUBJECT: Approval of Road Improvement Agreement for Bider Road,RA 112 1,Subdivision 8570,being developed by Hofmann Land Development Co.,Byron area.{District ITIj DATE: September 23, 2003 PAGE: 2 1. Cash Bund Performance Amount: $38,750.00 Auditor's Deposit Permit No. DP 411016 Date: August 28, 2003 Submitted by: Hofmann Land Development Co. Federal Taxpayer identification number: 680419482 11, Surety Bund Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070000619 August 25, 2003 Performance Amount: $3,835,450.00 Labor&Materials Amount: $1,937,100.00 Principal: Hofmann Land Development Co. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO, 2003/.56.3 f'^- , 5 s. t RC?AD IMPR VEMENT AGI,�MIIT Developer: i P/0 iPX� v0 Effective Bate: � Z-3 —,a>d � Development: -54d +� 70f__,_1`rR e_-5 I Completion Period: 1 year Road: aI -A/fe- Ado AA /13.,/ THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COMPf C35TA COUNTY DEVELOPER : o!;*eA',rx L ar'hr +� �"I° L°`�►�f t� Maurice M Shin,Public Works Director By: ti ar atura RECOMMENDED FOR APPROVAL (signature) llniGaA Services Division (print name&title) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must confoan with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES ?SATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Cann "and the above-mentioned Developer,mutually promise and agree as follows concerning this development: 2. WEDVE1viEN CS. Developer 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 development 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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. IZRROVEMEN3:SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For erformance and Cruaritntee: $ tar +�54) , cash,plus additional security,in the amount of$ ,f •..- which together total one hundred percent(100°/*)of the estimated cost of the work, Such additional security is presented in the form of: Cash,certified check or cashiers check. `e Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer 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. Fqr Pavtn_e, : Security in the amount of$ j_ g 'FAZ O D` — ,which is fifty percent(50%)of the estimated cost of the work, Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with 594-4.405 and S94-4.40$of the Ordinance Code. 4. QWAAR ANYTEE hL-Q WARILRNjY OF W RK Developer 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 95-4.5, "Acceptance,"of the Ordinance Code, Developer 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 ES`AB ISFIMENT WO , Developer 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 Hoard of Supervisors accepts the work as complete. 6. MROVEMFNT PLAN WARRAl'TY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 71 NO WAIVER BY CQDNTY. 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 Developer 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. I tDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The intie_tmtities 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 actigm causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,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 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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 1t1. NON-PEM WANCE AND COSTS.If Developer 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 Developer 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. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATIONIANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development 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 Developer,who shall fulfill all the terns of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw G:\GrpData\LngSve\FomiAAG WORMAG-24.doc Rev.April 6,2000 CALIFORNIAA ALL PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa On August 21,, 2003, before me, 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, or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal �149p' ANTELES 1296585 NOT'AR, CALIFORNIA YI Convi 'Osts'.'Ouit My Conn Exp!m Mrah 9,2006 Signatures=-�V�-- .......................... ., ... *:;....:*..V.11*.....-.,.,.=,.-*.,-.-ZZ-I*......... ..................................... . . ...... Reference: Road Improvement Agreement for RA 1121 Date: August 21, 2003 Pages: 1 1..i.Mplt T VY w.4—"I K^%.%JO$A OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER'/ Ott u(lc c (Far Cash Collection Procedures sae County Administrates Bulletin 145.) DESCRIPTION FUND/M SUB. TASK OPTION ACTIVITY AhOUNT ACCT. ZJ IEll 11U.-Ts t7.203. loo s10 ' l i 1h NJ I ' (1'k ' i l rr,—r, s t VyJ f 9-&60 krV. 640,256 ZQ 232 i i u k I 644, S 2-3/ �A A & 'J 53 l } i 3,rI I L I- ACV1 X00 EXPLANATION: ,r / c DEPOSIT Deposit consists of the fallowing item � COIN and CURRENCY $ '�� C " !" .` Y ' 2 CHECKS,Ma ETC BANK DEPOSITS $ '�� •, FOR AUDITOR-CONT L ER U ONLY SQ7t^ i" j7 ' a it DEPOSITYlr DATE ASSIGNED The amount of money described above is for Trea ept of unt is ap roved Receipt of above amount is hereby deposit into the County Treasury ack gei3 tflw {(< a's'- Dates` � ',,. � �..:��,,e'`- i'�'.�'-,•"F' Signed: ' Titl V{ 1/r EXT. Deputy County Auditor Deputy County Tymems er D-34 REV(7-93) v l t..%;VN1 T'LX t„VtrFMA t.V41A DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ✓ TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBERa io y\�1 p �J (For Cash C*k*jon Procedures see County Adaninistrator's Bulletin 105.) DESCRIPTION FUNDlORG UB TASK OPTION ACTIVITY AMOUNT 1129V 64� + 1 *. 1 1 �" 1 0,271 Zq 3, 90 �� I a . 1 1 i I 1 t t t 1 i t t t 1 I 1 EXPLANATION: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,MO.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBER DATE ASSIGNED — � The amount of money described above is for Tramyer's receipt of above amount is approved. Receipt of above nt is hereby eposit into the County Trasasury. ocknoWledged. a G,, Date_` (�e d V G.1-1 EXT.3 23V'`t' Deputy County Auditor Deputy County T►easuret a-34 REV.c7-93l � t 0649-9665 / 8310000. 61120740, $424.03, AAS 53-90, Additional Minor Subdivision Inspection Improvement Deposit, St, Germain Construction, Inc, 4O16 Medford Ct. Martinez, CA 94553 0649.9665 / 8310000. 01120734, $500,0 RS 2824 Record of Survey Deposit, job 0329, Wayne 0. & Shelia A. Mac Donell, 71 Donna Maria Way, Orinda, CA 94563 0643-9665 / 8310000: 01120735, $200,00, RS2823, Record of Survey Deposit job 105920x, Ronald Greenwell & Assoc, 10 South Lake Dr. ##1, Antioch, CA 94509 0649-9665 / 8310000: 61120738, $177,839.00, RA 1121, Road Acceptance Inspection, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 0649-9665 / 8310£300: 01120739, $74,762.00, RA 1144, Road Acceptance Inspection, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: 61120736, $35,215.00, Sub 8570, Guarantee of Performance (Bond), Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: 61120737, $6,000.00, Sub 8570, Guarantee of Performance. (Band), for Drainage Improvement Agreement, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: G112O738, $38,750.00, RA1121, Performance Cash Bond, Hoffman LandDevelopment Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: 61120739, $15,800.00, RA 1144, Performance Cash Bond, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 0682-9752 / 819200: G1121203, $650.00, SR4 Frans Permit, 6r4tp 6x4409, ADK Permit Service, Inc., 127 Camellia Way, Modesto, CA 95354- 2814 53542814 Bond No.: 070000619 Development: 50,bd.. 2r:57b, AaAft Premium $34,519 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance,Guarantee, and Payment) (California Government Code §§ 66499 0 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The.Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along ixlt r tem a v! R.4 t l 21 to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: 9*1C',c&dA Lt?,tC1 Z>evf l��prc`-' Com . +cr,,y ,as Principal and Liberty Mutual Insurnace Company, a corporation organized under the laws of the State of"Massachusetts and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: *-ee Afi3l s i Dollars($ or itself orraany city assignee under the above County Road Improvement Agreement, plus B. Payment: r 9�ee& Dollars ( , t, 3 � d . "�' } to secure the claims to which reference is made in Title 15 §§ et seq. 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 bonded Principal, or principal's heirs, executors,administrators, successors or assigns, shall in all things stand to and abide by and well and truly beep 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 perf-6rined'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 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 undersigned 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 of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the 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 Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County 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 Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on August 25, 2003 Hofmann Land Dev,,,�lopment Co y /� I I/ PRINCIPAL: ry SURETY: Liberty Mutual Insurance Company Address; Address: 1 Front Street, Ste. 870 City: Q-&3A CA 94111CitY: San Francisco, By: CA (` By: Print Mame: QL Print Name: Deborah Baker Title: 4 - Title: Attorney-in-Fact MW G:\Gr"-DatalEi Svc\Fun1u\BN WORD\BN-9.doc 110061 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bands on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered lasses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2/43 1274282 THIS POWER OF ATTORNEY IS NOT VALID UNLESS 1T 1S PRINTED ON RED BACKGROUND, 1 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual insurance Company (the 'Company'), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW J.DRUMRIGHT,DEBORAH BAKER,ALL OF THE CITY � OF CONCORD,STATE OF CALIFORNIA. ............................ ............................... .......................... ......... ..... ..... ........... .... .. ..... ............. . ........ ........... each individually if there be more than one`named, its true and lawful attorneon fact to make, execute;seat,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds, recognizances and other sure obitgations in the penal sura not exceeding FIFTY MILLION AND 001100******************** ty00.00 DOLLARS{$ 60,00026 _ )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the { Company as if they had been duty signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: 3 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such V attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be ;y as binding as if signed by the president and attested by the secretary. r» By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:CA .2 y., .0� Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby � i authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O v 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. row) > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C C. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this_ 29th day of Argil at 2003 i LIB�E'R`T'Y)MUTUAL INSURANCE COMPANY 0 By Garnet W.Elliott,Assistant Secretary ��p COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 29th day of Argil 2Q03 ,before me, a Notary Public, personally came Garnet W. I iott,to me known, and acknowledged .4 E0-5 that he is an Assistant Secretary of Liberty Mutual insurance Company; that he knows the seat of said corporation; and that he executed the above :2 6 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 0 .a >% IN TESTIMONY WH R unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year 0 V o first above written. ONW � 0 G OF Mylyc t m Ian MontgomeryC n 7 `�':a ,r ,r�t k re htu 4 rrtlb y - C j.`? e bs.r,r e.rsyh ar ,ata.;n of Va:t cr, Ter Sa® Pastetla,Notary Public 0*" YOr CERTIFICATE O my o 1,the undersigned,Assistan cretary if Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing Is a full,true and correct copy,is In full force and effect on the date of this certificate;and l do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specialty authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article 1 XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the fausirriile or,mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified cony of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the sarin farce and affect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 25th day of August 2003 . By , Davi M.Care Ass' t r y, Secretary i State of California County of Contra Costa On Au ust 25 2003before me,Myra J. H . � icks personally appeared Deborah Baker _ ZPersonally known to me -or-Mproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) and that by his /her/their signature(s) on the instrument the person(s) or the w; entity upon behalf of which the person(s) acted, executed 0 1� the instrument. � - yxrr�rr r,: WITNESS my hand and ffcial sial. r'� `�`v"r` Sign tune bf Notary Public ---------------------------------------------------Optional------------___-_______-----------------------_ T2ough the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this,form to another document. Description of attached Document Title or Type of Document: Hofmann Land Development Bond 070000619 for Contra Costa County Document Date: 08/25/03 Number of Pages: 2 Signer(s)'Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual Q Individual D Corporate{officer ® Corporate Officer Title(s): Title(s): Panner-[Limited❑General 0 Partner-]Limited ElGeneral Z Attorney-in-Pact El Attorney-in-Fact Trustees C] Trustee Guardian or Conservator F = [�Other: or Conservator Other : Topo€ThumbHere �Other: Top of ThumbHere� Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Contra Costa On August 21, 2003, before me, D. Panteles, a Notary Public in and for the Mate 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, or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal D. PANTELES Comm,#129658 NOTARV 01!VC-CALIFORI 29658fi NIA 2005 Le om CountyP9 March[pfrE7Ch Signaturep ::i:23:S•.S223i::iSSS::333Si: 3SSSS::�:SS::SSSS:3SSSSSS3:'::S:.:i:3S::.:Si:�::S31::S3':S.^.:13233::33SSSi:3LSSi'.':3:33iii3:23iS3S:3SS'.':3SSi:3'.3Si:::3::i3:3�.Si:S3323333...5333�S3S3SS3::ii: Reference. Improvement Bond for Road Improvement Agreement RA 1121 Date. August 21, 2003 Pages: 1 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 fallowing resolution: RESOLVED, that the corporation authorizes A.T. Shag to execute, in his authorized capacity as CECT/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 lana improvement agreements, such as subdivision agreements, and any and all band agreements. This consent is execut6d pursuant to section 307, subdivision (b) of the California Corporations Cade, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Crated: August 1, 2000 ' Kenneth . a n, Director Albert T. Shaw, Di ctor e'anon, Director omas A. Yhalan. D Dennis M. Draw, Director h Richard L. Greene, Director