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Home My WebLink AboutMINUTES - 09122006 - C.8 (3) C"% SSS j A X"-1 ic--•G�t+ Cont a TO: BOARD OF SUPERVISORS = �- FROM: MAURICE M. SBIU PUBLIC WORKS DIRECTOR Costa DATE: September 26, 2006 `��s Iry County T'4 C'OUIv"� SUBJECT: Approving a Substitute Subdivision Agreement,Subdivision 89-07418,for project being developed by H & B Property Solutions, LLC, Martinez area. (District II) SPECIFIC REQUEST(S)OR RI:COMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/-59F"`for Subdivision 89-07418, approving a Substitute Subdivision Agreement, being developed by H & B Property Solutions, LLC, Martinez area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RE COMM ENDATION(S): The property has been sold and a new Subdivision Agreement is required. CONSEQUENCES OF NEGATIVE ACTION: The previous owner will not receive a refund of their cash deposit and the Subdivision Agreement will not be in the name of the current owner. Continued on Attachment: ,L% SIGNATURE: ' _✓RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —70PROVE OTHER SIGNATURES : AC"I'ION OF BO ONSgf— z7-►� --y PPROVED AS RECOMMENDED OTHER VOXOF SUPERVISORS I hereby certify that this is a true and correct ✓✓ UNANIMOUS(ABSENT 141-ow X—T copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:vz G.\EngSvc\BO\2006\09-26\SD 89-07418 130-24.doc ATTESTED:--dZV Originator: Public Works(ES) JOHN CULLEN Clerk of the Board of Contact: S Gospodchikov(313-2316) , cc: Public works -Accounting Supervisors and County Administrator -Construction Ritter Hansen and Heinz Fasslcr,II&B Property Solutions,LLC 3527 Alt.Diablo 131'd..Suite 221 Lafayette,CA 945.19 John 1.Daley,Financial Pacific Insurance Company 3850 Atherton Road,Rocklin,CA 94596 .By , Deputy George Dai,Deluke Company Limited 535 Arastiaderc,Road,Suite 101,Palo Alto,CA 94306 John K.Woy Trans-Pacific National Bank 46 2 Street,San Francisco,CA 94105 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 26, 2006 by the following vote: AYES: Uilkema, Piepho, DeSaulnier.Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - - RESOLUTION NO. 2006/--6Y7 SUBJECT: Approving a Substitute Subdivision Agreement, Subdivision 89-07418, for project being developed by H &B Property Solutions, LLC, Martinez area. (District II) The following document was presented for Board approval this date: A substitute Subdivision Agreement with H & B Property Solutions, LLC, subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within two years from the date of said agreement; Said document was accompanied by the following: Security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash deposit (Auditor's Deposit Permit No. 469817, dated August 31, 2006 in the amount of$8,000.00, made by H & B Property Solutions, LLC. b. Additional security in the form of a corporate surety bond dated September 5, 2006 and issued by Financial Pacific Insurance Company(.Bond No. SS 1737 1)with H&B Property Solutions, Inc. as principal, in the amount of $796,300.00 for faithful performance and $402,150.00 for labor and materials. All deposit permits are on file with the Public Works Department. L11:vz I hereby certify that this is a true and correct copy of an G.\riigSvc\BO\1006`•.09-26\S1)89-07418 110-24.doc. action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: S.Gospodcl[ikov(313-'316) Supervisors on the date shown. cc: Public works -Accounting -Construction Bitter 3527Hansen and ilcio lvd.,r,115.B Property Solutions,I.I,C �r� �' v y �� 3527 Mi.Diablo Blvd.,Suite 221 ATTESTED:cz %/C_/ Lafayeue,CA 94549 , Jahn,.Dale3850 Financial Pacific Rocklin, C Company JOHN CULLEN Clerk of the Board of Supervisors and 3850 Atherton Road,Rocklin,C'A 94596 � George Dai,Delukrastra CompanyRod.Suited County Administrator 535 Arastrtdet'o Road,Suite 101,Palo Alto,CA 9.1306 John K.Won .Trans-Pacific National Bank 46 3" Street,San Francisco,CA 94105 By , Deputy RESOLUTION NO. 2006/ SUBJECT: Approving a Substitute Subdivision Agreement, Subdivision 89-07418, for project being developed by H & B Property Solutions, LLC, Martinez area. (District II) DATE: September 26, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is APPROVED. BE IT FURTHER RESOLVED that the Subdivision Agreement with Deluke Company Limited, as approved by the Board on September 21, 1999, is TERMINATED, the improvement security Letter of Credit with Trans-Pacific National Bank is EXONERATED and the Public Works Director is AUTHORIZED to refund the cash deposit(Auditor's Deposit Pen-nit No. 336988,dated August 26, 1999) in the amount of$3,500.00, plus interest in accordance with Government Code Section 53079, if appropriate, to Deluke Company Limited. RESOL 1,710N NO. 20061-69? SUBDIVISION AGREEMENT Q (Gov.Code,§§66462 and 66463) Subdivision: SD Oct —0-74 18 Effective Date: Subdivider: 8{ b ftper,4 501 PP15,LLC Completion Period: Vears THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.5hiu,Pu lic WoDirector By: Print Name �P, z 'Q sf lPi RECOMME DED FOR APPROVAL: Print Title 6 By: Gov✓ Print Name 7 `// ` Engineering Services Division Print Title FORM APPROVED: Silvano B.Marches!,County Counsel (NOTE:All signatures must be acknowledged.If SubdOider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board, president,or vice-president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) State of C lifornia CERTIFICATE OF ACKNOWLEDGMENT ss �YD KdS� County of ) On the date written below,before me, ersigned Notary Public,personally appeared the person(s)signing above personally known to me(or proved to me on the basis of sa6s evidence)to be the person(s)whose name(s)is/are n ed to the within instrument and acknowledged tome that he/she/they executed the same in his/her/their authorized capacity(ies, that by his/her/their signature(s instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. Dated: Nota (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter"County")and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter'Ordinance Code"). Subdivider shall complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 et.seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: 2 A. For Performance and Guarantee: $E5 1� 9 k Scash,plus additional security,in the amount of$ ID0.�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 cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdivider guarantees performance underthis 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:$ 102, 51•qo,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. Form Approved by County Counsel Acceptable irrevocable letter of credit. [Rev.9/031 Pagel of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On o before me, LISA A. DALZIEL, Notary Public, personally appeared , ❑ Personally known to me Proved to me on the basis of satisfactory evidence To be the person(s) whose name(s) *are subscribed to the within instrument and acknowledged to me that 4tefsfhe/they executed the same in hisf her/their authorized capacity(ies), and that by W&/4 er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. --------------------------------------- WITNESS my hand and official seal. i LISA A.DALZIEL ; Commission# 1377110 i e Notary Public - California Z Contra Costa County My Comm.Expires Sep 28,2006 "PublicC COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: �O RECEIVED FROM 'rL6j�16,19 ' 2 Public Works ORGANIZATION NUMBER 656 SD�f rgamza ron (For Cash Collection Procedures See County Administrator's Bulletii DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 32.43 Sale of Prints 004530 9931 REV 6GO085 137.75 Sale of Prints I 6AO026 93.85 Sale of Plans & Specs 004500 ♦ 6AO196 167.70 Corner Records 3997- 3999 000651 9660 16LO88D 40.00 Premium Billing 6LO85C 7% DA 00-00005 Drainge Imp Ext ' I 6LO76B 250.00 SD02-08688 ROWL Ext j I 250.00 I SD98-08134 Sub Agmt Ext i I 250.00 MSO4-0012 Base Map Fee 004528 99311 6KO030 75.00 RA02-01137 Sub ROWL Ext 000651 9660 6LO76B 250100 RA02-01137 Rd Imp Ext I I 250.00 SD06-09142 Land Plan Ck 6LO81C 484.00 SD06-09143 Land Plan Ck I V 352.00 SD 89-07418 Pian Ck Over V 6L0072 2,521.36 Notary Fee 004500 99751 20.00 TOTAL $ Acctng: G1203226-G1203254 DEPOSIT 255,628.19 Deposit consists of the following items Records: 131203049-131203087 COIN and CURRENCY $ 93.90 Eng Svcs: G1202341 G1202354 voids G1203082, G1203083 CHECKS,M.O.,ETC. $ 255,534.29 Invoces: 912240, 912293, 912298, 912300, 912304, 912305,912309, 912224, BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 912321, 912325,950589, BA'S 32722, 32831, 18988, 31026, 31139, 26862, 23994 DEPOSIT PERMIT DP 24794, 11207, 15790, 25318, 31720, 31192, 29417, 30462, NUMBER DATE ASSIGNED q The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed: Date_/�/ Signed: Signed: " Title: .EXT. / r � Deppuut�y,Couunty Auditor DeputV CountV Treasurer D34Rev.(7-9 ctllf�06 � JC� sr� CU`. I �t.1`�y^' �1✓ COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 rgani-anon (For Cash Collection Procedures See County Administrator.'s Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT $ SR4BA-06-T52 Permit 007862 9755 REV 6X4409 16.00 Ind 950589 89 Farden Smith 000672 j 6U2504 50.00 TP06-00024 BA 32722 003520 96601 5BO51X 93.39 Z106-11413 BA 32831 5BO48D 837.54 EF01-00602 BA 18988 000651 1 161_72RP 2,249.65 j6LO83A 160.92 I 6LO83B 90.89 LP05-02077 BA 31026 003520 15BOO29 802.62 DP05-03086 BA 31139 5BO36X 161.43 EL05-20291 BA 26862 000651 6LO81 F 96.89 DP03-03011 BA 23994 003520 5BO36X 100.00 TP03-0023 BA 24794 5BO60B 65.97 LP88-02032 BA11207 1 5BO60A 278.04 ED 98-00418 BA15790 000651 6LO84B 364.68 EF03-00626 BA 25318 6LO83A 105.38 EF06-00602 BA 31720 1 443.88 EXPLANATION: TOTAL $ DEPOSIT C.C.: 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 described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed: Date_/�/ Signed: Signed: Title: EXT.. Deputy.County Auditor Deputy County Treasurer D-34 Rev. (7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 mnlza ion/ DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT S FS05-00050 BA 31192 000651 9660 REV 6L83PV 2,578.16 FS05-00033 BA 29417 1,754.03 MS05-00029 BA 30462 6L0034 1,476.16 Postage Reimb 004500 2103 SAS 999SAS 16.47 Trust Fund 819800 0800 37,020.00 000649 9665 197,740.00 000682 97551 3,600.00 EXPLANATION: TOTAL $ DEPOSIT C.C.: 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 Tne amount of money describec above is for Treasurer's receipt of above amount is approved Receipt of aoove amount is hereby acknowledged. deposit into the County Treasury Signed: Date-/�/ Signed: Signed: -._...... Title. EXT Depuly County Audil^r Deputy Countv Treasurer D-34 Rev.(7-93) 819800-0800: 61203056, $7,820.00, MS 04-0012, Cash Bond, Shilpa Pathare, 4410 Black Walnut Court, Concord, CA 94521 819800-0800: G1203065, $5,200.00, DA 04-00036, Cash Bond, 5hapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203066, $2,400.00, SD06-09144, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: 61203069, $1 ,000.00, SD06-8930, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA .94583 819800-0800: G1203070, $3,300.00, SD06-09142, Cash Bond, Windemere BLC land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203074, $3,100.00, SD06-09143, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203080, $1,000.00, RA05-1193, Cash Bond, 5hapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203084, $5,200.00, PA-04-0017, Cash Bond, 5hapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203085, $8,000.00, SD89, 07418, Cash Bond, H & B Property Solutions, 1300 EI Camino Real, Colma, CA 94014 0649-9665 / 112300: G1203067, $19,900.00, 51)06-09144, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: 61203068, $8,840.00, 51)06-09144, Landscape Improvement Rev, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: 61203071, $26,800.00, SD06-09142, Landscape Improvement Insp, Windemere BLC Land . Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203073, $2,500.00, SD06-08930, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203075, $25,600.00, 51)06-09143, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203078, $42,100.00, DA 04-0036, Landscape Inspection Fee, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203079, $5,200.00, RA 05-1193, Landscape Inspection Fee, 5hapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 .0649-9665 / 112300: 61203081, $27,100.001 PA 04-0017 Landscape Inspection Fee, 5hapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203085, $39,700.00, SD89, 07418, Cash Bond, H & B Property Solutions, 1300 EI Camino Real, Colma, CA 94014 0682-9755/ 139200: G1203253, $3,600.00, 6Q1885, Vacate Saranap Ave, Portion of County Right Away, Bethel Home Care, 1391 Juanita Dr., Walnut Creek, CA 94595 f _ Subdivision:'89-07418 eondKo.. S81 F371 Premium: $15,926.00 Any claim under this Bond should be sena b the following address: 3.850 Atherton Road Rocklin, CA 95765 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) i. RECITAL OF SUBDIVISION AGREEMENT, The Principal has executed an agreement with the County of Contra Costa(hereinafter'County')to install and pay for sinal,drainage and other improvements in Subdfvlsfon 18 is specified in the Subdivision Agreement,and to complete said work within the lima specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rurings thereunder in order to satisfy conditions for filing of to Finai Map or Parcel Map forsafd subdivision. Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborer and materialmen. 2. OBLIGATION. H & B Property Solutions, LLC ,asPdndpal,and Financial Pacific Insurance Company a corporation organized and existing under the laws of the Staleof California and authorized to transact surety business in California,as Surely,hereby)ofndy and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it: Seven hundred ninety six thousand (A. Performance and Guarantee)three hundred & no/100 ----- Dollars($796,300.00 }for itself orany city assignee under the above Subdivision Agreement Four hundred two thousand, one hundred (B. Payment) .f if ty. & no/.10 0-------------------- Dollars( 402•.150:00 1 to secure the dawns to which reference is made in Tilfe XV(commencing with Section 3082)of Part 4 of DIVision iii of the Civil Code of the State of Calffomla. 3. CONDITION. This obligation is subject to the following cohdNon. A. The condition of this obligation as to Section 2,(A)above Is such that if the above bounded Principal,'his or its heirs, executors,administrators, successors or assigns,shall In all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions In the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their he 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 therefor,there shall be included costs and reasonable expenses and tees, including reasonable sUomey's fees,Incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any Judgment 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 Counly of Contra Costa and all cohtraclors,subcontractors,laborers,materialmen and other persons employed In the performance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code formaledale fumfshed or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, and that the Surety wilt pay the same In an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable 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,and to be taxed as costs and to be Included in the judgment 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 underTiBe 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 ortheir 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 change,extension of time,alteration,or addition to the tem>.s of said Subdivision Agreement or the work to be performed thereunder or any plan or specifications ofsafd work,agreed td by the Principal and the County or Conba Costa(or city assignee)shall relieve any Surety from liability on this bond:and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any action.agalnst the Principal whenever taken. SIGNED AND SEALED on September 5; 120 06 . Principal: H & B Property' Solutions, LLC Surety:Financial Pacific Insurance Company Address: 3527 Mt. Diablo Blvd. , Suite 221 Address: 3850 Atherton Road LAfa ette, CA zip: 94549 Rocklin, CA Zip: 94596 Sly. IC44 B Printh'a J h J Daley, Tilts: ,. Title: Attorney—In—Fact [Note:All signatures must be acknowledged. For corpora(ions,two officers must sign, The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secretary,assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)] Form Approved by County Counsel JRev.91021 STATE OF CALIFORNIA SS. COUNTY OF CONTRA COSTA Oil '.Sep:tember 5, 2006 before nae TANYA CHINCHILLA, NOTARY PUBLIC PERSONALLY APPEARED JOHN J. DALEY personally known.to nae(c�y�a� �!-te+rrerten-tl�e-l�ersiv�f.sec�isfnetnry 11 r44M'e to be the person(s)whose nante(s-)is/rrre subscribed to the within instrument and acknowledged to me that he%hrA*ey exec•tated the same in hi.s/4c*/44eW authorizzed capacit,*ies),and that by his/Ire,/thc+- signattarc(-.)on the instt•atanent the person(.&), or the entity capon behalf' of which the person(&)acted, executed the instrument. TANYA CHINCHILLA Commission # 1375153 Frd Notary Public California WITNESS nzy hand and official seal. zg , <•.. Contra Costa County 9 My Comm.ExpiresSep 16,2006 Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond Number: S817371 TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One (01) 0.ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: Septmeber 5, 2006 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Financial Pacific Insurance Company N/A SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT STATEOF COIJN"IY OF SS.�LL.� ,� Oil Jam✓ I 7.CD� 1��,„re„te, an .h i nCh i I l� PERSONAI.LYAPPEARED an(o 1 �r proved to nae oul the basis of satisfac•tory evidence)to be the pers•ot s vhuse rant!) is/ re •ubsc.•ribed to the within instrument anc acknowledged to me that helrh�xecuted the scone in his/he the' uthori,ed capacit ccs Ind that b-v hislher signatcn-epon the i strument the perso {S or the entity upon behalf TANYA CHINCHILLA of which the pe,sc t s ac h:d, executed the instrttmc,it. Commission ## 1375153 z <;i: � ';j (votary Public California W%1'VI'S.S my bund and a%fic:iul.ceaL Centra Costa County My Comm.Expires Sep 16,2006 Signature 'Phis area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER _ _ TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BONDNUMBER S817371 POWER NUMBER 817371 PRINCIPAL H & B Property Solutions, LLC PFNALSUIVi $796,300.00 KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make,constitute and appoint: John J. Daley, L.B. Barnett its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as surety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recogniranczs-or other written.obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and Miscellaneous Bonds up to $1,500,000.00 and to bind the Company thereby. This Power of Attorney is.signed and sealed by facsimile under and by the authority of the following resolutions adopted by the. Board of Directors of Financial pacific 6urance Company at the meeting duly held.July 6, 1995, which are now in full force and effect: RESOLVED,;that the President or any Vice.:Presiderit; in conjunction .with-the.Secretary car airy,Assistant Secretary, may appoint attorneys-in-fact or agents;.with authority as defined or limited in..tlieinsirument.evidencing the appointnieut to each case,for and on behalf of the Company,to execute and'deliver and affix the-seal of.the Company.to bonds,unbdertakings ,recognisances and'suretyship obligations of all kinds;and said officers may remove any such attorney-in-factor agent and revoke any power of,..attorney previously grantee]such person. RESOLVED.FURTHER, that any band, undertaking, recognizance; or stlret ship obligaitipn-::shatll be valid::an$ biiidin upon the Company when signed'and sealed (if'a seal be required) by.,one.or more attorneys-in1ct pursuant to and within the limits.:of the authority evidenced by the power of atuirney issued by thrCoinpany to such person or persons: RESOLVED FURTHER .that the sivnatuie of any authorized officer and.the'seal of'theConipany may be,af-fixed.by,facsimile to any power of w attorney or certification thereof amt oing the execution and-delive#y.of any bind; undertaking, recognizance; or'other suretyship obligations of the Colnpany;.any such signatture,.and seal when`so.used shall have the same:fbrce.and effect as.though.mantially affixed. IN WiTNESS WHEREOF, F.inibciail Pacific insurance Company has.-causcd these presents to be signed by its proper officers,and its corporate seal to.be hereunto affixed this 15th of March;2004... 11 N St) //i/........ ................: .. :.. / 1 'PPO*. Q:GO qj•:F� DULY 22 •'O! =v: = Robert T. Kingsley,President 1R.Hollingshead,SecrLary 1986 _ STATtOF CALIFORNIA;COUNTY,OF SACRAMENTO, < On this 15th day.'of &&arch, 2004,.personallv.;carie:before me RObcrt:T. Kingsley and John R. Hollingshead, to me known to be the individuals'and officers of Financia]Pacific insurance Company;who executed'the above instrument;and•they have acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. 71 RE COMM. MO1389 .-I&IMY COMM.11147138>atLI Notary Public Calitumia NPLACER COUNTY � Rebekah Moeller.Notary Public Comm.Exp.Feb 21,20M CERTIFICATE 1. the undersigned Secretary of Financial Pacific Insurance Company, a California[ corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the.Board of Directors set forth, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. Signed and sealed at Sacramento,this 5th day of September ,20 06 �a�_,Wj John ollingshead,Secretary Financial Pacific Insurance Company seal must be affixed