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Home My WebLink AboutMINUTES - 09232003 - C.17 '',17 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23, 2003 by the following vote: AYES: SLTERVISORS GIOIA, UILKIlvIA, GREENBERG, GLOVER AND DESAULN ER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 568 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8570 being developed by Hofmann Land Development Co., Byron area. (District III) The following document was presented for Board approval this date for, Subdivison 8570 located in the Byron area, Supervisorial District III. A Subdivision Agreement (Right-of-Way Landscaping) with Hofmann Land Development Co., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of--way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,250.00 Deposit made by: Hofinann Land Development Co. Auditor's Deposit Permit No. 411278 Date: September 4, 2003 Federal Tax Identification Number: 68-0419482 CL:rm I hereby certify that this is a true and correct copy of an G:\crprata\Engsve\BO\2003\9-23-03\SUB 8570 130-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Chris Lau(313-2293) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-June 23,2004(P1) ATTESTED: SEPM BER 23, 2003 Hofmann Land Development Co. Bob Henry JOHN SWEETEN,Clerk of the Board of Supervisors and 1380 Galaxy Way County Administrator Concord,CA 94522 Liberty Mutual Insurance Company Deborah Baker I Front Street,Ste.870 San Francisco,CA 94111 By ,Deputy RESOLUTION NO.2003/ 568 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 8570 being developed by Hofmann Land Development Co., Byron area. (District Im BATE: September 23, 2003 PAGE 2 IT. Surety Band Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070000621 Performance Amount: $119,883.00 Labor&Materials Amount: $60,566.50 Principal: Hofmann Land Development Co. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/568 < : SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government code§66462 and§66463) Subdivision: 65 7 � ',cc 14,e_5 Effective Date: Subdivider: ¢ ': �' ,fi�� > r> ` > Completion Period: 'I year THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director t ; pf f A., By: ,. '.�: „_,..t. ^`�1,r�+i FsrC,/f; '`, r " ..n,: {store}. v.1 {print name&!It e) .4 << r S{ A CO RECOMMENDED FOR APPROVAL: # By: a. _. r_ .. (signature) Engirfwln6 Services Divi tom' (print name&title) FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged, if Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§318.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun ,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to Install certain road improvements(both public and private),drainage Improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the Improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works department and In conformance with the Contra-Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work!')within the above completion period from date hereof as required by the California Subdivision flap act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there Is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. lMf'RDVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: K For Performance and Guarantee: $ _ /2.574) o 0 cash,plus additional security,In the amount of $ 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. Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. for Payment: Security In the amount of$� C which is fifty percent{6010)ofthe estimated cost of the work, Such security is presented in the form of: Cash,certified check,or cashler's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.448 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT FLAN WARRANTY. Subdivider 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 Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work andlor materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined befow,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding{s}concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)In connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)In connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE=AND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision 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,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. •kw:tap GAGrpData\EngSvcTorms\AG WORD�AG-30A.doc Rev.May 18,2001 . .. . .......................... ....... .. . ........................ 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 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. WrTNESS my hand and official seal r --------*----------- D. PANTELES #1296585 NOTARY PUSUC-CALIFORNIA itl Contra Costa County MY COMM ExPires Mvah 9,2005 Signatu ............. .......... ............ ....................... ................. ................. Reference. Subdivision Agreement- Right of Way Landscaping Subdivision 8570 Date: August 21, 2003 Pages: 1 C,t UNIT tJt'WNIKA W41A DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER — `U TO THE TREASURER- MARTINEZ,CALIFORNIA � RECEIVED FROM ORGANIZATION NUM6eR �r i (For Cash Collection Procedures we Countf Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. SU TASK OPTION ACTIVITY AMOUNT I 96 i t ,6.2X7 1/ 31.<,4, 1< V, f344.2 EX LANATI 7 TOTAL.( J /�1 5.J, DEPOSIT $ r Deposit consists of the Following it COIN and CURRENCY $ •� CHECKS,MO,ETC. BANK DEPOSITS �, ., FOR AUDITOR-CONTROLLER USE ONLY et 9 45' DEPOSIT t`.r} ti / ?3,y `j' '] f'W'? 43,E fc)iG. ,l"0 .2�i` :: PERMIT DP 'a `Mo ' 16,I.3k3 .2. 1 1t;//7 NUMBER ?, afG t3 q_) 4 2 ,6H /4 s. 'e,19 12`i<`i DATE 411278 ASSIGNED The amount of mangy described above is forT surer's receipt of above amount is awed, Receipt of aboveamount Whereby deposit into the County Treasury. acknowledged. t 4. �> Signed: Ti +gip ,C + En, 7 I Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMM (For Cash Collection Prods see County Administrator's Bulletin 105.) DESCRIPTION FUNDIORG SUB, TASK PTION ACTIVITY AMOUNT ACCT.' C .D , $ I i 14 r - `l l JF fe tl 7 � �,, ' ► ' I / - '7q I- 1-1 1 ILI I I Il3 I EXPLANATION: 143 f9 159-37 r f/.a y3 I 9 TOTAL IT Deposit consists of the following items COIN and CURRENCY $ CHECKS,MA ETC. $ BANK DEPOSITS $ FOOR AUD#TOR-CONTROLLER USE ONLY DEPOSIT 1 ' PERMIT pp NUMBER BATE f 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. acknowledged , 5igne�l; Signed: Title-IV EXT. Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) f COUNTY Of CONTRA W5IA DIPOSIT PIRMIT OFFICE OF COUNTY AUDITOR-CONTRMLER j TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUM t t�1 (far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORQ �� TASK OPTION ACTIVITY AMOUNT i $ # # # # # ! # # ! # # } 3 # } i # } EXPLANATION: TOTAL $ ! DEPOSIT ! Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE � ASSIGNED The amount of money describedabove is for Treasurer's receipt of above amount is approved, Receipt of above amount is hereby deposit into the County Tru sury.. A acknowledged. Date Sign Ti .( kl4,EX7 "T deputy County Avdifar g Deputy County Treasurer b-34 REV.(7-93)i ,J J 819800-0800: G1120639, $70,000.00, NR95-0020 Cash Bond, Clyde Figone, 39 Creek View Circle., Larkspur, CA 94939 819800-0800; G1120641, $22,050. `6P02-3057 Cash Performance Band, Fairfield San Ramon South LLC, 5510 Morehouse Drive, Suite 200, San Diego, CA 91212 .s 819800-08013. 611206451 $1,250,CE3, Sub 8570, Performance Cash Bond, Hoffmann Land Development Co,, 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61120646, $3,708.00, '5ub 7647, Cash Bond, Pickett Development Company, Inc. 2703 Ridgeview Lane, Walnut Creek, CA 94598 0649-9665 / 831000; C1120640,$5,000.00,'NR 950020, Inspection Deposit, Clyde Figone, 39 Creek View Circle, Larkspur, CA 94939 0649-9665 / 831000; G1120641, $102,700.00,/'b 02-3057, Development Plan Improvement Inspection Deposit, Fairfield San Ramon South LLC, 5510 Morehouse Drive, Suite 200, San Diego, CA 91212 0649-9665 / 831000; G1120642, $43,762. 'DP03-3004, Civil Improvement Plan Review-Development Permit Deposit, Fairfield Creekview LP, 5510 Morehouse Dr, Suite 200, San Diego, CA 92121 0649-9665 / 831000. G1120643, $500.00,M'RS 2826 Record of Survey Deposit, job 1008-20, C8G, 2603 Camino Ramon, #100, San Ramon, CA 94583 0649-9665 / 831000; G1120644, $504.00, RS 2825 Record of Survey Deposit, job 2823, Elizabeth & David Dicks, 35 Pinewood, Ct. Walnut Creek, CA 94596 0649-9665 / 831000;61120647, SD 7647, Pickett Development Company, Inc. 2703 Ridgeview Lane, Walnut Creek, CA 94598 $20,18_6,00, Inspection Deposit $2,066,38, Map Check Deposit / $2,,545,21, Improvement Plan Check $1,6 , Application Review Payment '� 0948-9140 / 812100: G1121231, $44,465.00, BW DA105 Sub Reg, City of Brentwood, 708 Third St. Brentwood, CA 94510 Subdivision: Bond leo. 070000621 Premium $1,079 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LAM)SCAP"E AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and.66463) 1. RECITAL OF SUDDIVISION A.GREEMIENT: The Principal has executed an agreement with the County to install anday for public right of way landscaping, and other related improvements in Subdivision V 87Q as specified in the Subdivision Agreement(might of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIC:ATION: r,Hofmann Land-.Development Company -- ,as Principal,and Liberty Mutual Insurance Company ,a corporation organized existing under the laws of the State of Massachusetts , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors, and assigns to the County of Contra Costa, California to pay it: k ! A. Performance and Guarantee: 1-1a.< 4'ed IWN � { Dollars($ I19. �' . °� — }for itself or any city assignee under the above County Subdivision agreement,plus B. Payment: Dollars ($, � � ° 1 to secure the claims to which reference is made in Title XV (commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and,ab+ide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part,to be kept and performed at the time and in the manner therein specified, and in all respects according to their true ir,�tent 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond, and consent is hereby given to make such alteration without fiuther notice to or consent by Surety, and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 25, 2003 HOfmann Land vei ment Coy PRINCIPAL: � A� � �� SURETY: Liberty Mutual Insurance Company Address: Address: 1 Front street, Ste. 870 City: .," ip: City: San Er< ucisco,CA Zip: 941111 By: By Print Name: Print Name: Deborah Baker - Q Title: _-� Title: Attorney-in-Fact :MW \llPW5I1SHARDATA\GrpData\EngSveTomns\BN WOI2 BN-12A.doc Rev.tuzze t7,1999 NOTICE FROM SURETY REQUIRED BY TERRORISM DISK 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 bonds 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 losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNHC-6539 2/03 1274280 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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 i 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....... .......... ... ...... ......... ......... ........... ... ... ...... .. ...................................... I .......................... . ... . . . ........ .... ' ........... � .... .... ....................................................... ... each individually if there be more than one named, its true and lawful attorney-in-factto 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 obligations in the penal sum not exceeding FIFTY MILLION AND Ott/100**�"*«�**��«��*.**�* surety gg***** DOLLARS{�_60,OOO;t500.00 _)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 duly 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. 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 M 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 ta C signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C e as binding as If signed by the president and attested by the secretary. G 4) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: 1.1 Pursuant to Article XI11, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby 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. FC w 0 of That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. M IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of O 0. Libel Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of April M C b 4) LIBERTY MUTUAL INSURANCE COMPANY 3 � By 0. 1 U Y Garnet W.Elliott,Assistant Secretary 8 COMMONWEALTH OF PENNSYLVANIA ss .0 COUNTY OF MONTGOMERY On this 29th day of Agril 2003 ,before me, a Notary Public, personally came Gamet_W. Elliott,to me known,and acknowledged ' O that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ?? 01 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. tet C9 > i 7„ IN TESTIMONY WH F unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year 0 = C first above written. o N Lt" tilutor ai ce�a37�re n PauSs{a Nnt ruuti�: ��OF :ytrcrulh vip Mn. yvr awy t t n£yl /� R.,/,Z t,5s u�.f `r�s tlskr E CU5 By- C Nle,rber,Pe n yNar r,%voo.att. at t�.zA Ter sa Pastelia,Notary Public 0 r•• CERTIFICATE YL°I h 19 €,the undersigned,Assistant cretary of 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 I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article Xili,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 fhe board car°directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any,power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same ford and effect 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 By wuDavi M.Carey,Ass' fit Secretary State of California County of Contra.Costa On August 25, 2003 before me,Myra J.Hicks personally appeared Deborah Baker ZPersonally known to me-or- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ies) and that by his "144 /her/their signature(s) on the instrument the person(s) or the Y# €. lKs ' entity upon behalf of which the person(s) acted, executed t& #t�65 rtt� _ the instrument. o p"C_C ;t Alameda County WITNESS my hand and,.official I. ` Feb2&2M5f � i i Sig!r re o No ary Public ---------------------------------------------------Optional--_-------------------------_--_-------_-_------------_--_- Though 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 070400621 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: F"! Individual Individual Corporate Officer [ Corporate Officer Title(s): Title(s): E Partner-®Limited D eneral El Partner-[Limited FlGeneral ® Attorney-in-Fact ❑Attorney-in-Fact Trustee ®Trustee El guardian or Conservator t a ; (� Guardian or Conservator MI-2 .;x ElOther: Top of Thumb Here �Other : Top otThumbHere 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 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 sea[ ............--........ ............ ............... D, PANTEUS Comm,#1296585 NOTARY PUSLIC-CAUFNNIA W "W"A Cogs Como M"S' Signature. �: K ;' ... .,. ................. ........... .................. .......... Reference: Improvement Security Bond for Public Right of Way Landscape Agreement-- Subdivision Subdivision 8570— Lakes I Date: August 21, 2003 Pages: 1 CERTIFICATION OF SECRETARY I, Dennis M. Drew, do hereby certify that I,am duly elected and qualified Secretary and the keeper of the records and corporate seal of Hofmann Land Development Company, a corporation organized and existing under the laws of the State of California, and that the attached is a true and correct copy of a resolution duly adopted at a meeting of the Bard of Directors thereof, convened and held in accordance with law and the Bylaws of said Corporation and that such resolution is now in full force and effect. Dennis M. Drew, Secretary Date: � / 3 ACTION BY THE BOARD OF DIRECTORS OF m HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being ali of the present directors of Hofmann Land development Company, a California corporation, Individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution. RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the tatting of action of the Beard of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 Kenneth . a n, Director r r .Albert T. Shaw, Di ctor ennon, Director omas A, Whalen, Dennis M. Drew, Director t Richard L. Greene, Director