HomeMy WebLinkAboutRESOLUTIONS - 08142001 - 2001-372 G. IB
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August14,2001 by the following vote:
AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER,
AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2001/372
SUBJECT: Approve the Drainage Improvement Agreement for Subdivision 8023
being developed by Hofmann Land Development Company, Brentwood
area.
The following document was presented for Board approval this date for
Subdivision 8023, property located in the Brentwood area.
A Drainage Improvement Agreement with Hofmann Land Development
Company, developer, whereby said developer agrees to complete all improvements as
required in said Drainage Improvement Agreement within one year from the date of said
agreement. Improvements generally consist of detention pond pumps and outlet pipe
system, discharging off site along Bixler Road to the Fallman Canal.
Said document was accompanied by the following:
Security to guarantee the completion of drainage improvements as required by
Title 9 of the County Ordinance Code, as follows:
I. Cash Bond
Performance Amount: $6,300.00
Deposited by: Hofmann Land Development Company.
Auditor's Deposit Permit No. and Date: DP 371353, July 11, 2001.
Tax I.D. Numbers: (Federal 68-0419482) and (State C2118258).
G:\GrpData\EngSvc\BO\2001\Temp\SUB 8023 BO 15.doc I hereby certify that this is a true and correct copy of
JD:lap an action taken and entered on the minutes of the
Originator: Public Works(ES)
Contact:Rich Lierly(313-2348) Board of Supervisors on the date shown.
cc: Pubic Works-R.Bruno,Construction
Current Planning,Community Development
T-6-7-02(P1) ATTESTED: August 14, 2001
Hofmann Land Development Company JOHN SWEETEN Clerk of the Board of Supervisors
Attn: Mr.Henry , p
P.O.Box 758 and County Administrator
Concord,CA 94522
The American Insurance Company
One Market Plaza
Spear St.Tower
San Francisco,CA 94111 By Deputy
RESOLUTION NO. 2001/372
SUBJECT: Approve the Drainage Improvement Agreement for Subdivision 8023 being
developed by Hofmann Land Development Company, Brentwood area.
DATE: August14,2001
PAGE: 2
II. Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: l 1141714037, July 24, 2001
Performance Amount: $626,600.00
Labor& Materials Amount: $316,450.00
Principal: Hofinann Land Development Company
NOW THEREFORE BE IT RESOLVED that said Drainage Improvement Agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2001/372
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DRAINAGE IMPROVEMENT AGREEMENT 1
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Subdivision: O z 3 Effective Date: ��V✓ i
Developer: H e Pot ann L-aild Deve 1 o po e,i./—' Co, Completion Period: 1 year
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THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY DEVELOPER : tj. pwarrn Land DevE'1 o/prner — Co
Maurice M.Shiu,Public Works Director
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By: L/ "" ' " \ r (Signature) t
RECOMMENDED FO VAL (Print Name and Title) A• T Ct , 'd
511 tv Pres, e,1t
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By: (Signanao)
ol,;rngitfeering Services Division (Print Name and Title)
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FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must
I conform with the designated representative groups pursuant to Corporations CodeS313.)
1. PARTIES&DATE.Effective on the above date,theCountyof Contra Costa,California,hereinafter called"County,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
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2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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).
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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.
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3. ' IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: $ (01300 o` cash,plus additional security,in the amount of$ 6z�j 6O0•��
together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
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Cash,certified check,or cashier's check. !
G Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
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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. For Payment: Security in the amount of$ 31 G,4/50, oo which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of:
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Cash,certified check,or cashier's check
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C Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, 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 of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
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4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship
and shall perform satisfactorily for a period of one(l)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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5. IMPROVEMENT PLAN WARRANTY. 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.
6. 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 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.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 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 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 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 indemnity has
prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE 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.
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
subsegdently proceeds to complete 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.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
RL::kw
GAGrpDara1EngSvc\FonnsWG WORDIAG-ITdoc
Rev.April 6,2000
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CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of Contra Costa )
On July 5, 2001, 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(s), or entity on behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official sealD, PANTELES
• Comm.#1296585 ''nn
N +® NOTARY PUBLIC-CALIFORNIA
Contra Costa County
My Comm.Expires March 9,2005"r
Signatuu
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Reference: Drainage Improvement Agreement - Subdivision 8023
Date: July 5, 2001
Pages: 2
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ACTION BY THE BOARD OF DIRECTORS OF
HOFMANN LAND DEVELOPMENT COMPANY
BY WRITTEN CONSENT WITHOUT A MEETING
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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 following resolution:
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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, whlcl`i authorizes the taking of action of the Board of
Directors by unanimous written consent without a meeting.
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Dated: August 1, 2000
Kenneth Van. Director
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Albert T. Shaw, Di ctor
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ennon, Director
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Dennis M. Drew, Director
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Richard L. Greene, Director
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CERTIFICATION OF SECRETARY
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I, Dennis M. Drew, do hereby certify that I am duly elected and qualified
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Secretary and the keeper of the records and corporate seal of Hofmann Land
Development Company, a California corporation organized and existing under the laws
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of the State of California, and that tI he above is a true and correct copy of a resolution
duly adopted by the Board of Directors thereof, and that such resolution is now in full
force and effect.
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Dennis M. Drew, Secretary
Date:
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COUNTY OF CONTRA COSTA V
DEPOSIT PERMIT A ,
f *OFFICE OF COUNTY AUDITOR-CONTROLLERIO
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MRTINEZ,CALIFORNIA
TO THE TREASURER: �-
RECEIVED FROM
q 0Y1q_i-, rnl��i c r -� b• w��= ORGANIZATION NUMBER TJXy
`7�GLcie, TY.
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I' z. 9X 5_3 (For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT
o CIG,
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.i0.7 0 -7
2 2/y a�zSl
6&CQ c
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9 cl A�2 8 I S
co q5 06 qt7qs- s
739q 9qr '?07i 7
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-..P 19j, 6-0
'g, /9 ko v DR /? 80
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EXPLANATION: TOTAL $ i
_ p5 DEPOSIT p / �
Deposit consists of the following items
R f- v COIN and CURRENCY $ 3-3•�/
CHECKS,M.O.,ETC. $
C
0-5 1 t �� ��'�-� �c ' BANK DEPOSITS $
�r � �� ,��� `r`' i � fi a v FOR AUDITOR-CONTROLLER USE ONLY
V DEPOSIT
d PERMIT DP
DATEBE 71353 JULrj Tis
ok C)O— ASSIGNED
The amount of money de ribed above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
deposit into the County Treasury. I acknowledged
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Signe dt i � r r2�Date 7 J 1
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Signed: i `L. ( ;: .� Signed:__�• C)(){�
Title: • T.•,,3-- Deputyo my Auditor DeputyCou Treasurer
r-34 REV.(7-93) A
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Trust Fund 831000-0800 Total $82,193.00
9ro6-5
G#1059722 RAI 109 Road Acceptance Performance Bond (Inspection for
Deposit) 39,603.50, Tax PayerlID 68-0419482, State C2118258, Hofmann
Land Development Co., 1380 Galaxy Way, Concord, Ca 94520
G#1059723 $$16,271.50 RAI 1110 Road Acceptance Performance Bond,
(Inspection for Deposit) Federal Tax ID 68-0419482, State C2118258,
Hofmann Land Development co., 1380 Galaxy Way, Concord, Ca 94520
G#1059715 $26,318.00 Sub 8563 Improvement Plan Review, Shapell
Industries of Northern California, 100 North. Milpitas Blvd., Milpitas, CA
95035
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Trust Fund 819800-0800 Total i$ 18,800.00
G#1059723 $23800.00 RA1110 Road Acceptance Performance Bond,
Taxpayer ID 68-0419482, State C2118258, Hofmann Land.Development
co., 1380 Galaxy Way, Concord, Ca 94520
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G#1059722 $800.00 RAI 109 road acceptance performance bond, Tax ID
68-0419482, State C2118258, Hofmann Land Development Co., 1380
Galaxy Way, Concord, Ca 94520
G#1059721 $1,700.00 Subdvision 8023 Landscape Performance Bond,
Taxpayer ID 68-0419482 Statel C2118258, Hofmann Land Development
Co., 1380 Galaxy Way, Concord, CA 94520
G#1059724 $6,300.00 Subdivison 8023 Off-site Drainage Improvement
Agreement, Tax ID 68-0419432 and State Tax ID C2118258, Hofmann
Land Development Co., 1380 Galaxy Way, Concord, CA 94520
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Development No: Subdivision 8023
Bond: 11141714037
Premium: $5,639.00
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IMPROVEMENT SECURITY BOND
FOR DRAINAGE'IMPROVEMENT AGREEMENT
(faithful performance &Imaintenance, AND labor and materials)
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1. OBLIGATION: No-tmanrn /_etnck 1, evelop..te►1f Co . (Principal), as
Principal, and THE AMERICAN INSURANCE COMPANY (Surety),
a corporation organized and existing under the laws of the State of Nebraska
and organized and existing under the laws of the State of 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 it;
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A. Faithful Performance, & Maintenance: Six�„,1clrec�T e��y5;x7ovsartcl� S'x I�vr�
($2 6, 00 . '—° ) for itself or any city-assignee under the below-cited Drainage
Improvement Agreement,plus
B. Labor & Materials: `CM"ee. �v^drtJ ctAd Si x4eel\.-Ttao-t> t�� Fovrl�u ccdreo� Ff�-y
for the benefit of persons protected under Title 15 § et seq.
of the California Civil Code. I
2. RECITAL OF CONTRACT: The prinicipal contracted with the County to install and pay for drainage and
other improvements in go-.:?-3 , as specified in the Drainage
Improvements Agreement, and to complete said work within the time specified in the Drainage
Improvement Agreement for completion, all in accordance with State and local laws and rulings thereunder
in order to satisfy the conditions of approval for v►s i o8 Oz3
3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County, then
this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of
maintenance continues for the one-year,period; and if principal fully pays the contractors, subcontractors,
and persons renting equipment or furnishing labor or materials to them for said work and improvement, and
protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become
null and void; otherwise this obligation remains in full force and effect.
No alteration of said contract or any plans or specifications 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
alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of
California Civil Code § 2819,.and holds itself bound without regard to and independently of any action
against Pnincipal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable
attorney fees fixed by court to be taxed as costs and included in the judgement.
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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 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 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
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 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'e' mpl'oyed 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 further 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 July 24, 2001
PRINCIPAL HOFMANN LAND DEVELOPMENT COMPANY SU THE RICAN N, URANCE COMPANY
By Pj FS1,0&Vi By / -
P.U. Box 758 at, an ori Tin-Fact
Address Concord, CA 94522 Address One Market Plaza S ar St.
:mw
San Francisco, CA • 94111-
GAGrpData\EngSvc\Forms\BN WORM13N-10.doc
Rev.September 13,2000
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On July 24, 2001 before me, Bernice Elizabeth ONeal, Notary Public,
personally appeared Kathleen Bryant, personally known to me to be the
person whose name is subscribed to the within instrument and
acknowledged to me that she. executed the same in her authorized
capacity and that by her signature on the instrument the person or the
entity upon behalf of which the person acted, executed her instrument.
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Witness my hand and official seal
•"• ° '�•. BERNICE ELIZABETH.ONEAL�
COMM. 1189793 m
a : -
m NOTARY PUBLIC-CALIFORNIA -U
U' CONTRA COSTA COUNTY
My Comm.Expires June 11 2002
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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 to this form.
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CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact
SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY
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FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OFATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation, NATIONAL SURETY CORPORATION,
an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the
Companies")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA
their true and lawful Atiorney(s)-in-Fad,with full power of authority hcrcby conferred in(heir name,place and stead,to execute,seal,acknowledge and deliver any and all
bonds,undertakings,recognizances or other written obligations in the nature thereof__________________ ---_______________________
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly
attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY
CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions are now in full force and effect.
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE
COMPANY, NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been
amended or repealed:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the
Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating(hereto,by
facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Companies."
IN WITNESS WHEREOF, theCompanies have caused these presents (o be signed by their Vice-President, and their corporate.seals to be hereunto affixed
this 25th day of September 1998 �•
PETMcO !�„+atatn� �E�,Arrs eG �Ee.o;c�. `• FIREMAN'S FUND INSURANCE COMPANY
�� .,y �r`oa:—••• ti NATIONAL SURETY CORPORATION
''r° �o O ` ' '_ • . / . =t' —"��` THE AMERICAN INSURANCE COMPANY
Z sErrxmro e �_ � � =3sewr cS= ASSOCIATED INDEMNTI.1'CORPORATION
!y�• y - • ,, =° N _ 3`• ;�* AMERICAN AUTOMOBILE INSURANCE COMPANY
`CaCS o f. ac`c G44 r tAa! JG4 a• VQ�, a_4j. •,��OIF.-
��'.....��. 'VCE co '�MCE e� �'!-••*a w •
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STATE OF CALIFORNIA y v, Presidcm
SS'
COUNTY OF MARW �
On this 25th day of September 1998,before me personally came M.A- Mallonee to me known,who,being by me
duly swore,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said.
Companies;that the seals affixed to the said instrument are such eompaay seals;that they were so affixed by order of the Board of Directors of said companies and that he
signed his name thereto by like order.
IN WrMESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
L OCAMP �
Commission#1163726
i -d NotaryMorinrCamtyfomia
MyColrnt Nov28,2001 Notary Public
j CERTIFICATE
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
L the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,
are tiow in force.
Sigtted and sealed at the County of Marin.Dated the 24th day!of c)U I y 2001
,ttUarr, `.�MAIV S fG ��Mu•EWy ��
o _ � --\�!:�
�4� ,'.,u..o•• NCE e°�e G4AMC ��r ,I�T Resident Aaktaar 5oeeury
O -
360789-11-98
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CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
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State of California )
) SS.
County of Contra Costa )
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On July 10, 2001, 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(s), or entity on behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and officialllseal
+4
D. PANTEIES
Comm,#1296585 IIAA
. NOTARY PUBLIC-CALIFORNIA Ul
Contra Casa County
My Curr,r.,. Expires March 9,2005
Signaty'fj�Y'E�.�
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Reference: Improvement Security Bond— Drainage Improvement Agreement
Date: July 24, 2001
Pages: 2
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