HomeMy WebLinkAboutRESOLUTIONS - 08142001 - 2001-374 I
0020
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
I
RESOLUTION NO. 2001/ 374
SUBJECT: Approve the Road Improvement Agreement for Bixler Road,RA 1109(Subdivision
8023)being developed by Hofmann Land Development Company, Brentwood area.
The following document was presented for Board approval this date for Bixler Road, road
acceptance file RA 1109 (Subdivision 8023) located in the Brentwood area.
I
A Road Improvement Agreeinent with Hofmann Land Development Company, developer,
whereby said developer agrees to complete all improvements as required in said Road Improvement
Agreement within one year from the-date of said agreement.Improvements generally consist of road
widening, pavement overlay and; placement of curb, sidewalk, streetlights and drainage
improvements on the east side of Bixler Road, from Point of Timber Road, northerly.
Said document was accompanied by the following:
Security to guarantee the completion of road and drainage improvements as required by Title
9 of the County Ordinance Code, as follows:
I
IlI. Cash Bond
Performance Amount: $8,000.00
Deposited by: Hofmann Land Development Company
Auditor's Deposit Permit No. and Date: DP 371353, July 11, 2001
Taxpayer I.D. Numbers: (Federal 68-0419482) and (State C2118258)
G:\GrpData\Engsvc\BO\2o0I\B08-7-ol.doc I hereby certify that this is a true and correct copy of an action
1D:Iap taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348) on the date shorn.
cc: Pubic Works- R.Bruno,Construction
Current Planning,Community Development
T—G-7-o2(PI) ATTESTED: Augas t 14 . 2001
1lofiiunn Land Development Company 1—f
Attn: Mr.fleury JOHN SWEETEN, Clerk of the Board of Supervisors and
P.O.Box 758
Concord,CA 94522 County Administrator
The American insurance Company
One Market Plaza
Spear Sl.'rower
San l7rancisco,CA 94111
By , Deputy
rIV
RESOLUTION NO. 2001/374
i
SUBJECT: Approve the Road Improvement Agreement for Bixler Road,RA 1109(Subdivision
8023)being developed by Hofmann Land Development Company,Brentwood area.
DATE: August14,2001
PAGE: 2
IV. Surety Bond
Bond Company: The.'American Insurance Company
Bond Number and Date: 11141714029, July 24, 2001
Performance Amount: $794,300.00
Labor&Materials Amount: $401,150.00
Principal: Hofmann Land Development Company
NOW THEREFORE BE IT RESOLVED that said Road hnprovement Agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2001/374
ROAD IMPROVEMENT AGREEMENT I�'
Developer: 14 6f ocowA ka id VeVe l opwAf Co. Effective Date: 2w
Development: S tJbd i1y'i s on E02-3 (L-a ke 5h a rQ 0 Completion Period)
1 year
Road: a,,Jerr- Road (RA 1109)
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: --/I
CONTRA COSTA COUNTY DEVELOPER I.�oTrw c,,l it [a,�pP Di v al?"Wx+ Co,
Maurice M.Shiu,Public Works Director //
By: C� V v (signature)
(taint name&title) A .-T: 5 h4.0 , Pres�d+_._t
RECOMMEND ROVA
By: / (signature)
/1000<1- Services Division (print name&tide)
FORM APPROVED: for J.Westman,County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corpomtioas Code 5313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called "County,"and the above-mentioned
Developer,mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,
fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as
reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including
future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security
to the County:
A. For Performance and Guarantee: $ o� cash,plus additional security,in the amount of$ 79 3 00. 0 0
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.
K Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
O/ l S0. 00
B. For Payment: Security in the amount of$ i ,which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor
or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount
securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
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-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.
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. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately"watering plants,replacing unsuitable plants,doing.weed,rodent and,other pest.control and other work determined
by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be peifofor a period of one-year
from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the,work arc'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.
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 and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement
as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and
conditions hereof.
8. INDEMNITY: Developer 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 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.
i 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;
I
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these
matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. 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.
D6veloper hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds
to•complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees
to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete
the work.
11. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory
incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights
shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms
of this agreement as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
_ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the roa4,einto the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RL:kw
G:\GrpData\EngSvc\Fonns\AG WORMAG-24.doc
Rev.April 6,2000
I -
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 seal D. PANTELES
,. Comm.#1296585 'n
.•S NOTARY PUBLIC-CALIFORNIA V,
Contra Costa COUntY
My Comm.Expires M11c,I. 005 1
Signat
.......... .............. ................... .................. . ...................................................................................... ........................................................
Reference: Road Improvement Agreement Subdivision 8023
Date: July 5, 2001
Pages: 2
•j -r
. .. �. •, �
I'
I
_ ACTION BY THE BOARD OF DIRECTORS OF
HOFMANN LAND DEVELOPMENT COMPANY
BY WRITTEN CONSENT WITHOUT A MEETING
The undersigned, being all of the present directors of Hofmann Land
Development Company, a California corporation, individually►and collectively consent,
by this writing, to take the following actions, to adopt the 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 taking of action of the Board of
Directors by unanimous written consent without a meeting.
Dated: August 1, 2000
Kenneth a n. Director
Albert T. Shaw, DI ctor
ennon, Director
&-
om A, Whalen,
Dennis M. Drew, Director
Richard L. Greene, Director
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 California corporation organized and existing under the laws
of the State of California, and that the 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.
r
Dennis M. Drew, Secretary
Date:
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
'
*OFFICE OF COUNTY AUDITOR-CONTROLLER• l
MARTINEZ,CALIFORNIA
TO THE TREASURER: C
RECEIVED FROM
gongs-A-. (10 i c_v ���b• �IJY�%. ORGANIZATION NUMBER '4 ' v
.c- (ortprimlionl
e26 5 ��Ct ClPr /1Y.
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT
02231 A F 4C) l.P ooc.
s' /es T Baa c,
/ -7 1 e
9 f of �o 'y� 8
co 1-/5U- od 9225' S
-7 �I 1 ?07 i 7
Tr
Tri l�c.L 1 1 l9W v D0- I� SU
EXPLANATION: TOTAL $ i
DEPOSIT
Deposit consists of the following items
/1 I. V a 9- 7 COIN and CURRENCY $ 3-3•�
CHECKS,KO,ETC. $ /0.3 J6- .
LAI 0 7 1 A)',�j��.� �c ]� BANK DEPOSITS $
N � �..� j���.��r`, � � �v FOR AUDROR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
D TEBE'J71353 53 �JJUL �.
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. acknowledged
Signedi 11-e)Date ?�
Signed: L. ( Signed: � �Lx�J
Title: �YrT.�— Deputy o my Auditor Deputy Count Treasurer
>-34 REV.(7-93)
Trust Fund 831000-0800 Total $82,193.00 z� o
9(,G5
G#1059722 RAI 109 Road Acceptance Performance Bond (Inspection for
Deposit) 39,603.50, Tax Payer ID 68-0419482, State C2118258, Hofmann
Land Development Co., 1380 Galaxy Way, Concord, Ca 94520
G#1059723 $$16,271.50 RAI 110 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
Trust Fund 819800-0800 Total $ 18,800.00
G#1059723 $2,800.00 RAI 110 Road Acceptance Performance Bond,
Taxpayer ID 68-0419482, State C2118258, Hofmann Land Development
co., 1380 Galaxy Way, Concord, Ca 94520
.G#1059722 $8,000.00 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 State 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
Bond: 11141714029
Premium: $7 ,149.00
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County
to install and pay for street, drainage and other improvements on, or along 13;-x Lev- R00-a
to complete said work within the time specified for completion in the Road Improvement Agreement, all
in accordance with State and local laws and rulings.
2. OBLIGATION: 17W,"anit La.cd DP✓el-psce'C�- ,asPrincipal,and
THE AMERICAN INSURANCE COMPANY ,a corporation organized existing under the laws of the
State of Nebraska ; and authorized to transact surety business in California, as
Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay it:
A. Performance: SL*yeit 1710rdred1'4'4eiprzwr7 ovsctnd artc� 7�iree yu�d r eat
Dollars ($ 794, 300.. °-= ) for itself or any city assignee under the above County
Road Improvement Agreement, plus
B. Payment: floor 1"Ivadre6l ertcl O,fe 7ti oy5artd and Drregu-drcd Fi�fy
.Dollars ($ `/Q/,. / �5O , Lo ) to secure the claims to which reference is made in
Title 15 §§ et seq. of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal,
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
agreernent 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 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 of the State of California, so as to give a right of
action to them or their assigns in any suit-brought upon this bond.
Should the 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 Road Improvement 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
Iregard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
IThe undersigned executed this document on July 24, 2001
I
i
HOFMANN LAND DEVELOPMENT COMPANY THE AMERICAN INSURANCE COMPANY
PRINCIPAL: SURETY:
Address: P.O. Sox 758 Address:One Market Plaza, Spear.-St. Tower
City: Concord, CA 94522 City:San' Fran •sco, CA 9.4111
By: �; By: r' ,
Print Name: 14 � 5f/A o Print Name:
Kathleen Bryant,/7,
Title: Title: Attorney-in-Fact
I
I
I
I
I
:mw•
II \\PWSI\SHARDATA\GrpData\GngSvc\Fomis\BN WORDTN=9.doc
Rev.June 17,1999
I
I
I
I
I
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.
Witness my hand and official seal
' . BEMICE ELIZABETH ONEAL
COMM. 1189793 0
NOTARY PUBLIC.CALIFORNIA VW
CONTRA COSTA COUNTY r.
My Comm.Expires June 11,2002
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.
CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact
SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
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, KATHL' EEN BRYANT, CONCORD CA
their true and lawful Allorney(s)-in-Fact,with full power of authority hereby conferred in their 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 Altorney(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 thereto,by
facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Companies."
IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed
this 25th day of September 1998
%&AN'S AYE4i a r"` '•4 FIREMAN'S FUND INSURANCE COMPANY
`,ttaur►C ko `tEr•,, �Q lQi aaroa,�.y o+°eu , NATIONAL SURETY CORPORATION
1• .O i€+a
•. ;t: —•—••:pe THE AMERICAN INSURANCE COMPANY
0
Z sFrtaramo ASSOCIATED INDEMNITY CORPORATION
E• 2 °..�� *: AMERICAN AUTOMOBILE INSURANCE COMPANY aCsKr'�y �y`, •r� G�'NCE��,t! '►fG4�kC .'7 '�``
.m°.F E
By
STATE OF CALIFORNIA 1
)}ss.
COUNTY OF MARIN
On this 25th day of September 1998,before me personally came M.A- Mallonee to me known,who,being by me
duly sworn,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 company seals;that they were so affixed by order of the Board of Directors of said companies and that he
signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
L OCAMPO
t Commission# 1163726
-d Notary Public-California
Marin County
QW Comm.6rPkeS Nov?$2001 Nary Public
CERTIFICATE
STATE OF CALIFORN[A l
}ss.
COUNTY OF MARIN J
1,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full fora
and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,
are now in fora.
Signed and sealed at the County of Matin.Dated the 24th day of July 2001
•'µesu►►C �`t},.+ G'1 �.caarosv� `o,��l�F
• • r
a�vt:a,rwo � � � , a. E,�` 6 E A L�
�� ` „•o• �h'CE CD�t 6,P,MC,��,�! �fT RcsidentAnisin Soaewr .
360789-11-98
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of Contra Costa )
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 official seal
D. PANTELES C
L Comm.,y 1296585 IIAA
NOTARY PUBLIC-CALIFORNIA YI
Ccntra Costa County
�— My Comm. Expires March 9,2005
Signatur COAL
Reference: Improvement Security Bond — Road Improvement Agreement— Bixler
Date: July 24, 2001
Pages: 2
1 r _. •.%:':1...._.1;x'. .,"�. .t; ...., .. ' .. '. � ,. `'�,r.,i'..- .,-.`4....
'� f:., it .. ... .. .. .;11..... ..... _ :4:�;.. - • . .. � r .�.
.`':tom., . 'a: �;t'. .,. . .. �t! ._ �.. '.•: . ... , �� ,..,. � .. ... . . � .. M t•.. ... •:.! �`.:.1 �l
I