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HomeMy WebLinkAboutMINUTES - 02122002 - C9 TIE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 12, 2002,by the following vote: AYES: Supervisors Gerber, Uil.kema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2002/ 67 SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 6610 and Road Improvement Agreement, Sandmound Boulevard (RA 1126) Bethel Island area (District V). The following documents were presented for Board approval this date: I. A substitute subdivision agreement with Rock Island Homes, Inc., subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement, Said document was accompanied by security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash Bond Performance Amount: $1,500.00 Auditor's Deposit Permit No. DP 379952 Date: January 10, 2002 Submitted by: Rock Island Homes, Inc. Taxpayer identification number: 33-0972708 B. Surety Bond Bond Company: Gulf Insurance Company Bond Number and Date: BE2638208,December 17, 2001 Performance Amount: $152,500.00 Labor&Materials Amount: $77,000.00 Principal: Rock Island Homes, Inc. G:\GrpData\Eng5ve\B0\200212-12-0215uB 6610 BD-24.doe I hereby certify that this is a true and correct copy of an action t 1lW Drlginafor: Public Works(BS) e me Board of taken and entered on the of the Supervisors Contact: Joseph DiMaggio(313-2345) on the date shown. cc: Public works -Accounting Construction Dennis V.Menke Rock Island Homes,Inc. 695 Town Center Drive,Ste.410 ATTESTED: Febimary---12 2002 Costa Mesa,CA 92626 ----+ Daniel G.Shumovich JOHN SWEETEN,Clerk of the Board of Supervisors and Valencia National Bank County Cou Administrator 23620 Lyons Avenue •J Santa Clarita,CA 91321 Natalie CaicedC Gulf Insurance Company By � _r ,Deputy Ito West"A"Street,Ste.1805 7W&4 San Diego,CA 92101 RESOLUTION NO.2002/ 67 5 SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 6610 and Road Improvement Agreement, Sandmound Boulevard (RA 1126) Bethel Island area (District V). DATE: February 12, 2002 PAGE: 2 Il. A road improvement agreement with Rock Island Homes, Inc., principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the date of said agreement.Improvements generally consist of construction of a paved road extension of Sandmound Boulevard to the Subdivision 6610 site. Said document was accompanied by security to guarantee the completion of road improvements,as required by Title 9 of the County Ordinance Code, as follows: A. Cash Bond Performance Amount: $2,200.00 Auditor's Deposit Permit No. DP 379952 Date: January 10, 2002 Submitted by: Rock Island Homes,Inc. Taxpayer identification number: 33-0972708 C. Surety Bond Bond Company: Gulf Insurance Company Bond Number and Date: BE2638209, December 17, 2001 Performance Amount: $217,800.00 Labor&Materials Amount: $110,000.00 Principal: Rock Island Homes, Inc. NOW,THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said substitute subdivision agreement is APPROVED. 2. That said road improvement agreement is also APPROVED. 3. That the subdivision agreement with Rock Island Marina, L.P., as approved by the Board on May 11, 1999, is TERMINATED, the improvement.Letter of Credit with Valencia National Bank is EXONERATED and the Public Works Director is AUTHORIZED to refund the cash deposit (Auditor's Deposit Permit No. 314704, dated June 3, 1998) in the amount $3,700.00, plus interest in accordance with Government Code Section 53079, if appropriate,to Dennis V. Menke trust account (taxpayer's identification number: 33-0712005). All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/67 SUBDIVISION AGREEMENT (government Code§66462 and§66463) Subdivision: 6610 Principal:Kock I s 1 and. Homes , Inc . Effective plate: ,, Za — Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA CQSTA COUNTY l'&NCII'AL Maurice M.Shin,Public Works Director By: — (signature) (Printnarre itielThomas E. ;Johnston, President EQQMMENDEDFQ�'PROV AL F- M By: (signature) U En" rvices Division (Print nwm"titic)Dennis V. Menke, Vice President and S ur, j, F APP—R D: Victor J.Westman,County Counsel (NATE: All signatures to a ac owe d. 1f Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned rincinal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal 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). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map 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. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee; $ Zntl cash,plus additional security,in the amount:$ 15 2 ,5 0 0 which together total one hundred percent(100%)of the es 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,Principal 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:$ 7 7 y 0 Q 0 — 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 _X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. ti 4. GUARANTEE AND WARRANTY OF W©RIC. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Principal agrees to correct,repair,or replace,at Principal's 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 ESTaLISHMENT WORK. Principal 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal 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,Principal shall make whatever changes necessary to the plans 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's 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 ofwhether or not such liability,claim or damage was unforeseeable at any time before 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 Nabi„ lity are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-con_tion : "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: Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 1 C1. SURVEYS. Principal 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 Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal 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,except as provided in this paragraph,County's rights under this agreement anchor 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 Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final trap or parcel map for said subdivision. RLJDAad GAGrpData\EngSnc Forms AG WORDIAG-30Ace Rev. October 25,2041 tks :M?FNfl#u :u..:i n.ap.^.:.,l :?:•n ..:.. ?:fxzN ,Fe.K 3 f.3fEn :.M:?"oT'M`:y.`;g'.�:'.F34: ....... a ° a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofA OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On 10 2- ,before me, 'r t 6 d� �� � Though statute does not require the Notary to nil in DATI �NAW TITLE OFFR G.,"IANE I�IE,NOT Y BLIC the data below,doing so may prove Invaluable to "r persons relying on the document. personally appeared ilk NAME(S)OF SIONER(s) 0,4NDIVIDUAL 0 personally known to me-OR-I proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) ` be the person(s)whose narne(s).Ware TrrLP(S) subscribed to the within instrument and awledged to me th they executed p PARTNER S F,d JOSEPH MY VAN VO ( ) ❑ LIMITED m an it 1299730 t same in is oAwl r autho ed ❑ GENERAL kalwyPWft-_ acity(ies),and at by Ittslfrer eir'on(s) 0 ATTORNEY-IN-FACT It s mire( )on a nsofwhic th per an(s)) G TRUSTEE(S) t entity upa be if of which th p an(s) � GUARDIAN/CONSERVATOR JIM a ,exec th 'instrument. p OTHER Pow"0 6090109".0 THE s .my ha and o ficial s SIGNER IS REPRESENTING: . (NAME OF PERSON(S)OR ENrrrY(MS)l STGNATuPE OF o rAR OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document " rJ t tIti d� TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable hate of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above rec-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. H. SIMiA=S FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must a stated. in. SIGNALS FOR PAR7'IVE'S - Signing party must be either a general partner or be authorized in writing to have t�thori y to signor an In a partnership. IV. S_IGNA'IURES FOR CORPORATIONS Documents should asigns y two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board {(b)}The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of :Directors.,, X.MW 1NPWU%HARDATA'4MDM&N&ISSVCTMI AWORD FORMSXALL PURPOSE NOTARY.dw Rani Augua t;2001 ROAD IMPROVEMENT AGREEM NT Developer: ROek Island Hamps . _Tnc_. _ Effective Date: 12, ZOO?, Development: _12A1126_ Completion Period: 1 year Road: Sandmnllnd _ Rlxrrl THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COS'T'A COUNTY DEVELOPER Maurice M.Shiu,Public Works Director - By: /(ainature) Thomas .y��i} p� Preside-t! 7'y y.�y �y (print natne I title) oma S e 1 L 6 4�O 1 L, r 1 e s i d G P I j Services Division (print name&.title) Dennis Menke, Vice Pr S1dent SRM A PP��?,1CZgrheexing Victor J.Westman,County Counsel and Secreta y (NOM All signatures to be=1mowted#ed. If S eider is i�cnporated,signatmea must conform with the designated representative vows ptuauant to Corporations Code 5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup "and the above-mentioned Develo mutually promise and agree as follows concerning this development: 2. IMPROVEbffiNTS. 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 callers"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: S 2 2 o 0. —- cash,plus additional security,in the amount of S91 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. X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$1101 C()A, - 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 X 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 thetas 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 5944.406 and 5944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORTS. 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 964.6, "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 EaTABLISHMENT 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 performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. MROVENMN-T 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. 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 liabiliti;a 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--Condifigns:' 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--FERFQRMMCE&M COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INC QRPORA T1OM&XN�ET1Q-N- 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 tights 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 road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:Icw G:\GrpDat&\EngSvc\Fonns\AG WORMAG-24-doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of C�A 44 OPTIONAL SECTION County f 1 CAPACITY CLAIMED BY SIGNER On ;LQ 10c ,before me, 6� , 1)i b Though statute does not require the Notary to fill In DAT x TITI E DP OFFICER - •a DOE NOTAR c• the data below,doing so may prove invaluable to . �, persons relying on the document. personally appeared &Tl o rS .� xAME{sj a SIGNER(s) DIVIDUAL ❑ personally known to me-OR to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s).Ware TITLE(S) subscribed tThinstument.in' t and wledgt they executed 0 PARTNER(S) ❑ LIMITED JOSEPH MY VAN VO the s in eir authori d 0 GENERAL ca ty(iest by his/her heir Commission#1299730 ❑ ATTORNEY-IN-FACT sign refs) "en, th p on(s)or ❑ TRUSTEE(S) Pub1i D'C>aii t7<R the ty upof which on(s) ( ) i t90 County ac 2ecustrument. ❑ GUARDIAN/CONSERVATOR ttt Cottl�rt.EVM Apr 5, ❑ OTHER SS nd o ciai s SIGNER IS REPRESENTING: (NAME of PERSON(S)OR D(IM(IES)) IGNATURE OP AR OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document La�tv4y4l* j j ''"'•�1 ULL To THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document Ltoersons relying on the document and could prevent fraudulent Signer(s)other Than Named Above attachment of this form INSTRUCTIONS TON The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGN.AZMS - The name and interest of the signer should be typed or printed BENE ATII the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR_INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. I1L SLQN41=S FOR PANNE HIPS - Signing party must be either a general partner or be authorized in writing to have the authority to signor an to re partnersiup. IV. SIGNATURE FOR COR PQRATI NS oc}F—uments should e signet y two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board ((b))The President e Any Vice-President GROUP 2. a The Secretary An Assistant Secretary C) The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase. "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:MW HPwS4\SIIARDATA\GMDaftQ gSvolY"tr\WORD FORMS%ALL PURPOSE NOTARY.doc Ray.Augwt i,atxil dj Subdivision: 6610 Bond No.: BE2638208 Premium: $2,745.010/2 Year Term IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (California Government Code§§66499-66499.10) 1. REcffAL of Sue ivlslorLR aF =MENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 6610 .as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,allin accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBUQA=: Rock Island Homes, Inc. as papal and Gulf Insurance Company . a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: one hundred fi&two thousand five hundred 00/100*** Dollars(g 152,50(}.00 1 for Contra Costa County or any city assignee under the above County Subdivision Agreement B. Payment: Seventy seven thousand 00/100*** Dollars ($ 77,000.00 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. Cort►�rrioty: A. The Condition of this obligation as to Section(2..A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the'covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and 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) ,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa.(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fetes, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Tilde 15(commencing with Section 3082)ofPart 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 work under conditions of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in fu11 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 of Contra Costa(or cityassignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety,and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. 5GNED AM SLAM on December 17, 2001 PPJNCIPAL: Rock Island Homes, Inc SLWETY: Gulf Insurance Company Address: 695 Town Center Drive Suite 410 Address: 110 West"N'Street Suite 1805 City: Costa Mesa CA Zi 92628 City: Son "ie o C Zip: 92101 By: By: ' Print Name: Dennis V. Menke Print o: t Title: Vice President and Secretary— Title: Attorney-in-Fact By: Print Name:Thomas E. Johnston Title: President G.%GvpDMWASSvcW*ms%N wo N-i2.aoe Rev.Nov r 28,2000 STATE OF California COUNTY OF _ grange SS. On December 17, 2001 ,before me, Lysandra Oliver PERSONALLY APPEARED Natalie Caicedo personally 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 acknowl- edged to me that he/she/they executed the same in his/ �= LIV+ her/their authorized capacity(ies), and that by his/her/ LYSjjMVCwn rsminittsir�n 1324418 their signature(s) on the instrument the person(s), or the p CalNcrnia entity upon behalf of which the person(s) acted, executed rtO tleE County .. the instrument. OCT 7' WITNESS my hand and official seal. Signature This areafor 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 TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X,tk ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENnTY(IES) Gulf Insurance Company/ SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL-PURPOSE ACKNOWLEDGEMENT GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK, KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company,;;a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of;:lrving,Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 10th day of August,1993,to wit: "RESOLVED,;that the President,Executive Vice President of any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such parsons,firms,or corporations as may be selected from time to time;and anysuch Attorney-in-Fact may be removed and the authority grant- ed trim revoked by the President,or any Executive Vice President,or any Senior Vice President,or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors; RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President,Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint I(EITH E. SANDROCK,SR. PATRICIA J. SANDROCK. LYSANDRA OLIVER NATALIE CAICEDO its true and lawful attorneys)-in-fact,with full power and authority hereby conferred in its name, place,and stead,to sign, execute,acknowledge and deliver in its behalf,as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-fact, " pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and ifs Corporate Seal to be hereto affixed. �u ,NCF GULF INSURANCE COMPANY PO � F SEAL: . ST'A'TE OF NEW YORK ohV cTt� ` COUNTY OF'NEW YORK SS� Lawrence P. Mi-niter Executive Vice President On this 1st day of October,A.G.2001,before me came Lawrence P.Miniter,known to me personally who being by me duly sworn,did depose and say:that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of this Gulf Insurance Company,the corporation described in and which executed the above instrument,that he knows the seal of said corporation=that the seal affixed to the said instruments is such Corporate seat-,that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. O DTA 9 ens Y David Jaffa a���G Notary Public State of New York: STATE OF NEW YORK -` No.02JA4958634 COUNTY OF NEW YORK } SSS Nt Qualified in Kings County Commission Expires December 30,2001 1,the undersigned,Senior Vice President of the Gulf Insurance Company,a"Connecticut Corporation,tO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. ` t`^NaF ca Dated the 17TH day of DECEMBER 20 01 PO SEAL ' °n�azoG° George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County CAPACITY CLAIMED BY SIGNER On I-M before me, 4 o `© � Vy �- Though statute does not require the Notary to rill in D 14AME,TITLE OF OOFFI G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to personaliy appeared i f4 j" ft f. _ r tj persons relying on the document. NAWS)OF SIGNER(S) ~ct -�'" ❑ INDIVIDUAL ❑ personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)ds/are TITLB(s) subscribed to the within instrument and acknowledged tome that they executed ❑ PARTNER(S) 11 LIMITED r+�►rrarurr,.�.w`a..".."`.r-` the same indlihar/ su rized ]f =P;"MY VAN VO capacity(ies),and t by /t sir ❑ GENERAL �m#1299 0 fted, gnature(s)on instrumen the erson(s)or ❑ ATTORNEY-IN-FACT y Ptda .tydiit a enrity upo b If of whi person(s) ❑ TRUSTEE(S) exec insinJmen ❑ OTHER:IAN/CONSERVATOR COMM E*k"AW IL 9WITNES my ha d and o tci sea SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR ENnTY(IES)) SIGNATURB O 4. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL MATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed, II. SIGNATU S FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be states III. SIQH41L.IRES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and the partnership. TV. SIGNATURES FOR CORP RATIQNS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board ((b))The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,Will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:MW \1PW34LSHARDATA\GPE ual&Ovc\FMMNWORD FORMSIALL PURPOSE NOTARY.&c 1W..Ausiat I,2061 COUNTY OF CONTRA COSTA DEPOSIT PERMIT � - -. - OOICE OF COUNTY AUDITOR-CONTROLLER TO ME TREASURER: MARTINEZ,CALFORNIA RECEIVED FROM ORGANIZATION NUMBER /svo Imo) PLA (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG, A' TASK OPTION ACTMTY AMOUNT _SL_ T X i 1 t3 3 c> Ulo �� $ 15 i51 c� Pn ry i 5 t v 53c� �N31 V1`V . ` � C>v9 dY DC7 t iL:K fi1f3CNlI~i ' r'") I GS' �t131 SA5 g995AS '561,06 .!C. ktS � �i P�trl!'f �- 1`}�i f► vo' 44016 16 loo 1 I ►L�B Y900.I.-I k I I I / Psi 10 — q q 5 I I uaa3 III f ..� j it fit IL11411 I I I I I I 111! � � IJ �L(��5� �D ►�� 1 vt�Ga ? ` tci � I7 t1'"L. X.S '8lr, '�i8 EXPLANATION: 4 e-OR t, 6 ' �'� /0,,r eq 1),il" C7 /0609 i4o TOTAL $ i s h o-cr: DEPOSIT ! ��{ ` S �'--y 014 61) -- (-7 !1)rj t)14"1 ii Deposit consists of the following�i� CONcmd_CURRNCX $_lam. $ ` }kl ,Ctrs ; 50,44,0" 9.06qJ vvg 5 v,.X 90b 49 V YL'S 3 5 V, BANK`DEPZ551T5 "''moi'" $ T` `� its FOR AUDITOR-CONTROLLER USE ONLY `14) 5 )4 `?4048 4/43 +v8 `t1 ! 599, 3 DEPOSIT PERMIT (yR NUMBER DATE ASSIGNi + r The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above,amount is hem deposit into the County Treasury acknowledged r Sigma: (l� _y,0 1 f Signed: Title: EXT. / Signed: DeputyCWnt .T roasurer 01(1 W_)-34 REV.(7-43) �y f f .t COUNTY OF CONTRA COSTA DEPOSIT PERMIT � �, A OFFICE OF COUNTY AUDITOR-CONTROLLER � MARTINEZ,CALIFORNIA TO THE TREASURED: r RECEIVED FROM ORGANIZATION NUMBER (Par Cash Collection Procedures sae County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT i e�gi gel 1 00 5A6A31.4 005.4 q56 loo 1 1L% �7 1 t lel; r o3!5'� c ��1 Rto�. I vary �vv oi(.z t f31x l� cx� ;av v x ' 4387 . i e r r Ll i '1�C>tC J fte 4 i!!c i r4,1171 Pi P rs44 W1_1 i I i 9 1 1 i I ( i i i I 1 i 1 i ±1 : i EXPLANATION: TOTAL $ i DEPOSIT i Deposit consists of the following items COIN and CURRENCY $ CHECKS;M.Ck-ETC. $ BANK DEPOSITS $ a' FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT Djp NUMBER DATE 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, Sinned: Date (. Signed- -' ,ti. Signed: Title: EXT. . ' r qty, Auditcx Deputy County Treasurer 3-34 REV.(7-93) 7— 819800-0800. 61090483, $1,500.00, SUB 6610, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 819800-0800: 01090488, 2,20{x.00, RA1126, Rack Island -Al_.:1., Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 819800-0800: G1090489, $2,800.00, SUB 8372, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 61090486, $4,148.77. SUB 6610, Inspection Deposit, Review, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 ° 0649-9665 / 831004: 61090487, $1,500.0 It SUB 6610, Improvement Plan Review, Review, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 61090493, $1,500.00, SUB 8372, Map Check Fee, Rock Island Homes Inc, 695 Town Center Dr Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 61090495, $16,190.00, SUB 8372, Inspection Deposit, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: G1090497, $1,500.00, SUB 8372, Improvement Plan Review, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 V Bond No.: BE26 6209 Development: RA 1126 Premium: $5,920.00/2 year term IMPROVEMENT SEcuRITY,BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee,and Payment) (California Government Code §§ 66499-66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT. The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on,or along to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Rock Island Homes, Inc. as Principal and Gulf Insurance Company , a corporation organized under the laws of the State of Connecticut and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: two hundred seventeen thousand eight hundred 00/100*** Dollars($ 217,800.00 1 for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: one hundred ten thousand 00/100*** Dollars ($ 110.000.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and 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 reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.8.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished, labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without fin ther notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on December 17, 2001 PRINCIPAL: Rock Island Homes, Inc. SURETY: Gulf Insurance Company Address: 695 Town Center Drive Suite 410 Address: 110 West'W'Street Suite 1805 City: Costa Mesa CA 9 626 City: $an Diec p CA 92101 it f By: By: 9 Print Name: Dennis V. Menke Print lie: li aic do Title: Vice President and Se ret Title: Attorney-in-Fact By: _ Print Name: homes . J hnston Title: Presi eni \\YWS4�� Ay 1 DOA\EngSvcTmu"N WORMN-9.&c STATE OF Cal forma Oran COUNTY OF 9R SS. On December 17, 2001 ,before me, Lysandra Oliver PERSONALLY APPEARED Natalie Caicedo personally 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 acknowl- edged to me that he/she/they executed the same in his/ Y " LYSA1dDRA�LIVE1 her/their authorized capacity(ies), and that by his/her/ 0 Commission 1324418 � their signature(s) on the instrument the person(s), or theNdwy Public'California entity upon behalf of which the person(s) acted, executed -A MyE�ORANGE County the instrument. WITNESS my hand and official seal. Signature This area for Official Notarial Seat OPTIONAL Though the data below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRUE(S) TITLE OR TYPE.OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL XkATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME of PERSON(S)OR ENTITY(IES) Guff Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT r GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Iinsurance Company, a corporation duly organized under the laws of the State of Connecticut; having its principal office in the city of,Ifving,Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 1 Oth day of August,1993,to wit: "RESOLVED,that the President,Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority grant- ed him revoked by the President,or any Executive Vice President,or any Senior Vice President,or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors: RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any Bond and documentsrelating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint KEITH E. SANDROCK, SIL PATRICIA J. SANDROCI LYSANDRA OLIVER NATALIE CAICEDO its true and lawful attorneys)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign,execute,acknowledge and deliver in its behalf,as surety,any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company arid Its Corporate Seal to be hereto affixed. OpA"cs co GULF INSURANCE COMPANY 1k P0 SEAL . STATE OF NEW YORK a COUNTY OF NEW YORK SS cis Lawrence P. Minter Executive Vice President On this 1st clay of October,A.D.2001,before me came Lawrence P.Miniter,known to me personally who being by me duly sworn,did depose and say:that he resides in the County of Bergen,State of Now Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that R was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. O TA 9 �� David Jaffa STATE OF NEW YORK 9 �BU�' 0¢ Notary Public,State of New York SS No.02JA4958634 COUNTY OF NEW'YORK � ®x N Qualified in Kings County Commission Expires December 30,2001 1,the undersigned,Senior Vice President of the Gulf Insurance Company,:a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY retrains in full force. Signed and Seated at the City of New York. ` VVkANCF cQ Dated the da of 20 4toa o�T ,`A 17TH Y l3ECEMBER O1 SEAL George Biancardi Senior Vice President s � CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ( OPTIONAL SECTION County e'er ( ( CAPACITY CLAIMED BY SIGNER On L U I-01 before me, i V° V t r Though statute does not require the Notary to till in DA NA[MB yTrrLB(6F OFFI a„° N T Y �tC the data below,doing may prove invaluable to personally appeared �wi`�� ���� �. persons relying on the document. NAWS)bF OF 0 JNDIVIDUAL ❑ personally known to me-ORproved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)flare TITLES) 'bed to the within instrument and JOSEPH MY VAN VO ac owledged to t ls&4heftey executed 0 PARTNER(S) ❑ LIMITED Commission#1299730 diTame in 464 eir uthorized ❑ GENERAL r Notafy'Pt�iit:-Catito<x�s ca ity(ies), that b their ❑ ATTORNEY-IN-FACT gi Chn si tures) th instru the persons)or 0 TRUSTEE(S) 9 th tity on if of hi h the pers ) My.Ct rl.Expires Apr S.etc ,ex used instry t. 0 GUARDIAN/CONSERVATOR ❑ OTHER: WITNESS my an o I 'ai 1, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IPS)) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SI NATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signs exactly as it is typed or printed. II. aIGNATURE5 FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. M. SIGNA UMS FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partners p. IV. SIGNATURES FOR CORPORAnS Documents should e signed by two officers,one from each of the following two groups: CROUP 1. (a)The Chair of the Board ((b))The President c Any Vice-President CROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: .and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." Ac:,W %\Pw54\.SHARDATAKkpDi"\EngSvcWwnm\WORD FORM V.0 PURPOSE NOTARY&c Rw.August t,2WI