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HomeMy WebLinkAboutMINUTES - 10122004 - C10 TO: BOARD OF SUPERVISORS t. s FROM: MAURICE M. SH U, PUBLIC WORKS DIRECTOR DATE: October 12, 2004 SUBJECT: Aaroving the Subdivision A reement Ri ht-of Wa Landsca in ), Subdivision 04-08580, SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20041 556 for Subdivision 04-08580,approving the Subdivision Agreement(Right-of- Way Landscaping),being developed by Hofinann Land Development Company, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): Subdivision 04-08580 Right-of-Way Landscaping plans have been reviewed and processed by Public Works staff and met all applicable conditions of approval. CONSEQUENCES OF NEGATIVE ACTION: Subdivision Agreement for Right-of-Way Landscaping will not be approved. Continued on Attachment:— SIGNATURE: r 1E707MENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE i AkPROVE /--,OTHER SIGNAT[JRE S :4.. .- ..�.•. ACTION OFBO* ON. CTOBER 12,200A APPROVED AS RECOMMENDED XX OTHER h.6 I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT NONE ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 12, 2004 JOHN SWEETEN, Clerk of the Board of G:iGrpDatalHngSvcIH012004110-12-0415D fl4-tf8580 Order L.doo Orig.Dl�: Public Wore(ES) Supervisors and County Administrator Contact: Frank Navarro(313-2254) oc: Public Works- T.Hell,Construction Current Planning,Community Development T—August 5,2005(FI) Hointm Laid Development Company Atm:Rouen Henry 5 one Galaxy Way By Deputy ��. Co*mard,CA 94520 Liberty Mutual Insurance Company Attn:Kathleen Heck 1 Front Street,Suite 870 San Francisco,CA 94111 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 12,2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20041556 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 04- 08580 being developed by Hofmann Land Development Company, Byron area. (District III) The following document was presented for Board approval this date for Subdivision 04- 08580 located in the Byron area. A Subdivision Agreement (Right of Way Landscaping) with Hofmann Land Development Company, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,800.00 Deposit made by: Hofmann.Land Development Company Auditor's Deposit Permit No. and.Date: 431701 September 23, 2004 KH-rm I hereby certify that this is a true and correct copy of an G:1GtpDatalEngsvc\BO\2004\10-12-041SD 04-08580130-16.doc Originator: Public Works(ES) action takenand entered on the minutes Of the hoard of Contact: Frank'Navarro(313-2264) Supervisors On the date shown. cc: Public Warks- T.Bell,Construction Current Planning,Community Development T-August 5,2005(P1) ATTESTED: OCTOBER 12, 2004 Hofmann Land Development Company Attn:Robert Henry JOHN SWEETEN,Clerk of the Board of Supervisors and 1380 Galaxy Way County Administrator Concord,CA 94520 Liberty Mutual Insurance Company Attn:Kathleen Beck 1 Front Street,suite 870 San Francisco,CA 94111 By ,Deputy RESOLUTION NO,2004/ 556 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 04- 08580 being developed by Hofmann Land Development Company, Byron area. (District III) DATE: October 12, 2004 PAGE: 2 IL Surety Bond Bond Company: Liberty Mutual Insurance Company :Bond Number and Date: 070000705 August 31, 2004 Performance Amount: $178,200.00 Labor&Materials Amount: $90,000.00 Principal: Hofinann Land Development Company NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLOrION NO. 2404/556 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: 7 Effective©ate: Subdivider: r , ` . Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu,Public Works Director �6 3 s F ! ° By � s.� ..:tom,_. `' .. r ..... (signature) - - rRf ' (print name&title) tAk RECOMMENDED FOR APPFi' L.: " By: L.*�A r F (signature) Engine rind Se ices ivislon (jinni narna&tine) FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. if Subdivider Is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Cour ,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street tights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shell 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,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Cotte,provide as security to the County: A. For Performance and Guarantee: $ / 9 0.0. . , cash,plus additional security,in the amount of $ x 1 which together total one hundred percent(100%)of the estimated cast of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after Its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment; Security in the amount of 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 Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and 94-4.408 of the Ordinance Code, 4, GUARANTEE AND WARRANTY OF WORK, Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense: any defects in said work, system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 6. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. if, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof, 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined In this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers, agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined 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 sult(s),action(s),orother proceeding(s)concerning said liabilities and claims. C. The actions causina liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other Indemnification covering any of these matters,orthat the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. % SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PERFORMANCE AND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to, engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred In completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. 1n consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. *wJap GAGrpDa1a1En9Svc\Forms\AG WORDtAG-30A.doc Rev.May 18,2001 CALIFORNIA ALL. PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Contra Costa } On August 27, 2004, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal D, PANTELES Comm,#4296565 +n V NOTARY PUBLIC-CA3,#�OANIA Y! entry Come County My Comm,.Expires Mirth 9,2005 11, L4 Signature-, Reference: Subdivision Agreement- Right of Way Landscaping — Subdivision 8580 Lakes 7 Date: August 26, 2034 Pages: 1 CERTIFICATION OF SECRETARY 1, Dennis M. Drew, do hereby certify that I.am duly elected and qualified Secretary and the keeper of the records and corporate seal of Hofmann Land Development Company, a corporation organized and existing under the laws of the State of California, and that the attached is a true and correct copy of a resolution duly adopted at a meeting of the Bard of Directors thereof, convened and held in accordance with law and the Bylaws of said Corporation and that such resolution is now in full force and effect. Dennis M. Drew, Secretary Date: 2' . ACTION BY THE BOARD OF € IRECTORS OF y 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, Individuaily and collectively consant, 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 ars 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 relented to land improvement agreements, such as subdivision agreements, and any and all band 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 tn, Director Albert T. Shaw, DIr c:tor ennon, Director omas A, Whalen, D Dennis M. Drew, Director Richarrr!�LGre�ene. Director t.t,?tth##T tat"t.tJN t KA 4.i.Xb tA j DEPOSIT PERAW OFFICE OF COUNTY AUDITOR-CONTROLLER TO TIE TREASURER: MARTINEZ,CALIFORNIA `. RECEIVED FROM ORGANIZATION NUMBER (For Cush Collection Procedures sae County Admin6trahx's ButbNn 101) DESCRIPTION PIA10/10M SUB. TASK ACTIVITY AA°iCJUN`t' ACCT /X3W ' t . . .�ljlllil . ........... L Lx } `y , LLQ'316 i � EXPLANATION: TOTAL $ a Deposit co resists of w�n9 i*m CCM a,%I.CUft BANK $ f / I FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D W r'; (: / /f ; ,f rf�l `� .L� NUMBER f J p}1 f c S 7;� fi t ; f t� # t9 - ' r `u-eft;.�� DATE� $ '�'I`6 �.7G%�7 AS�f ,wto9-S The amount of money described above is for Treasurer's receipt of above onvxmt is approved. "ttaceipt of above amount is hereby deposit into the County TmrAry, _ W ' +'f Sid: •---- Titl Deputy County Auathx ►Y County Treasurer a-sa REV.7-$3I , AQllA. y COUNTY OF CONTRA COSTA DEPOSIT PERWT ' OFFICE OF COUNTY AUD17OR-CONTROLLER TO THE TREASURER MARTINEZ,CALIFORNIA RECEMM FROM CIRGW14ZATION NUMBER } {For Cash CoDection Procedures see County Admmtt+atoes Bulletin 10&) DESCRIPTION FUND/OW Sulk TASKTION ACTMTY AMC UNT ` f + + l7 5 #r; s f f 5 J1127A + EE + yQ 2 A) t. { EXPLANATION TOTAL., $ + 36 l �?'' DEPOSIT i r Deposit consists of the following itom COIN and CURRENCY, $ CHECKS,AOC ETC $ MW DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT NUMBER PERMrr Dp , DATE ASSIGNED The.amount of money described above is for Treasurers receipt of above amt is c ro-d, Receipt of above amount is hereby depc}sit into tlee Coursty�Tre�asu?ry ocknowledged sign Do to Ti#ie - ( ( (f EXT. {/ t Deputy Count±AudRior� -.Deputy County Tmasurer -3d REV.{7-43} ��� L I N L n ( { COUNTY OF CONTRA COSTA MOW PEAMff OFFICE OF COUNTY AUMTOR-CONTROLLER MARTNEZ,C1WFORNIA T{3 THE TREASURER: RECEIVED FRCNM ORGANIZATION NUMBER jo (For Cash Collection Procedures we County AdministraWs Bulletin 105.) DESCRIPTION FUND/ORG. ASU& TASK TION ACTIVITY AMOUNT t cj t I t t t I f t I t } t I } t t E t t f } t ( t 1 EXPLANATION: TOTAL $ t DEPOSIT � } Deposit consists of the following iterns COIN and CURRENCY $ CHECKS,M.(%ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOPERMIT C� .t NUMBER 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. ocim—ledged, Si Dcft l.' Signed: Signed: 7i r{ (" it � EX I •; ( Deputy County Auditor Deputy County Treasurer D-34 REV..(7.43) E 0649-9665 / 831000: 61139978, $500.00, RS 2941, Record of Survey Deposit, Francesco Avella, 3 Homy Hill Ct., Orinda, CA 94563 0649-9665 / 831000: 61139978, $500.00, RS 2942, Record of Survey Deposit, Milani A Assoc, 4071 port Chicago Hwy, Ste 100, Concord, CA 94520 0649-9665 / 831000: G1139983, $2,500.00, FCP 636-04, Cash Deposit for Flood Control Permit, Western Pacific Housing- D R Horton, 1210 Central Blvd., Brentwood, CA 94513 819800-0800: G1139980, $1,800.00, Cash Performance Bond, Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 0645-9752 / 828200: 61140296, $40.00, COLAS, East Co., E. Thomas Clark, 1740 Chestnut St., Brentwood, CA 94513 828500-0800: G1140296, $118.00, COLAS, ECC., E. Thomas Clark, 1740 Chestnut St., Brentwood, CA 94513 828500-0800: G1140296, $48.00, COLAS, ECTIA., E. Thomas Clark, 1740 Chestnut St., Brentwood, CA 94513 i Subdivision: 8580, Laces 7 Bond No.: 07000 7705 Premium $1,604.00 LmPROVEMENT SECU Ty BOND FOR.PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. R.Ecri'A . OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 8580 as specified in the Subdivision Agreement(Right of Way Landscaping),and :o complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscapilig), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION'. Hofmann Land Develo ment Company as Principal,and Liberty Mutual insurance Company, ,a corporation organized existing under the laws of the State of Massachussets 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 and Guarantee: One Hundred Seventy Eight Thousand Two Hundred and no/100s*' Dollars tS 178.2(30.00"*' )for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Ninety Thousand and no/100s*"*** Dollars (S 0Q. 0***** } to secure the claims to which reference is made in Title XV (commencing with. Section 3482) of Part 4 of Division III of the Civil Code of the State of California. 3. CQ_--.Tl ON.- Al Th-- C-,edition of this obligation as to Section 2.(.A) above is such that if the above bounded t rinc�pa,', hs or its heirs, executors, administrators, successors or assigns, shall in all things stand w, and ah die by, and well and truly keep and perform the covenants,conditions and provisions in the said , recrr,wnt and any alteration thereof made as therein provided, on is cr its part,to be kept and po: brm,>d at the time and in the manner therein specified, and in all respects according to their true inwe t 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 shah 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 hind,or for amounts due under the Unemployment Insurance Act with respect to such warm 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 3032)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. SIGM',l) AND SEALFD on August 31,2004 PRIllNCIPAI: Hofmann Land Development Company SURETY: Liberty Mutual Insurance Company Address:' ' `_ � 'a° Address; 1 Front Street,Ste.870 2i City: San Francisco,CA dip: 94111 I'rint Name: CI M�4 � ��i'm�'� � Print Nae: Kathleen Beck ,,,,I tie: ,� Title: Attorney-in-Fact "V'W81 OSHA R D A I A KJ q,1)atavFiigS YOF crmis43 N WOR1,ABN-I2A.doc ,m June 17,1999 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(l) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNEC-6539 2103 1579935 THIS POWER,OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of these named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. c LIBERTY MUTUAL INSURANCE COMPANY l BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the `Company') a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter sot forth,does hereby name,constitute and appoint l JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW J.DRUMRIGHT,KATHLEEN BECK,ViVIAN GOLSTON,ALL OFTHE j CITY OF CONCORD,STATE OF CALIFORNIA ....... .. ........ .......... ............. ....,.. .. ... ... .............................................. ................I............., . ... .... ....... ........... ...... ........... ... .... ...........................,...... .. ... ...... . . .., ..... ...... .. . each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as sure and as its act and deed,any and all undertakings,bonds, recognizances and other surety obliggations in the penal sum not exceeding surety ••********** ******• W.50,000,0002 each,and the FIFTY MILLION AND Oflfltit3 DOLLARS($ ..�, - _ } execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIIi-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attornays-in-fact,as may be necessary to actin behalf of the Company to make, eo execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such V '= attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their 0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C t CL as binding as if signed by the president and attested by the secretary. `y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: t I 5+ G Pursuant to Article X111, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and r deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O '. Z That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. to W IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of C CL Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of July a 2004 < Utz o LIBERTY MUTUAL INSURANCE COMPANY 3: cis Gr Al. D' cc l a Garnet W.Elliott,Assistant Secretary Cs COMMONWEALTH OF PENNSYLVANIA ss � � g COUNTY OF MONTGOMERY j � 171y 1:� On this 16th day of Jules 2044 ,before me,a Notary Public,personally came Garnet W. Elliott,to me known, and acknowledged O.5 that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ?? Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 'G IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year V 6 IN 0 first above written. t1vrC w+ ( Tarase2 Fest�li ,NvUiry Pttbk 1"&40♦S OF P ymouth Twp MuntywnsryCo my ByC My Comminion Expires Mar 28 20th °� Membor,'Pe.rnxytvanta Assocbfion,,,t Notakr, Ter sa Pastella,Notary Public O r CERTIFICATE q i,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and i do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specialty authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article Xill,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1930. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appeanng itpon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 31st - - day of Arrgirct )() " V By r t Davi6 M.Carey,Assiptg6t Secretary State of California County of Contra Costa On August 31, 2404 before me, Randall Y. Cross personally appeared Kathleen Beck (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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) and that by his /her/their signature(s) on the instrument the person(s) or the RAMGtiAi t V CROSS entity upon behalf of which the person(s) acted, executed Commiuion* 1464539 the instrument. NO"Public-COMOMIa W�coda county Ev*".Jon20. ' TNESS my hand and official seal. Signaturb of Notary Public ---------------------------------------------------Optional----------------------------------------------------------- Though ptional----------------------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: Hofmann Land Subdivision Landscape Bond No. 070000705 Document Date: 08/31/04 ___ -- Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner-❑Limited ❑General ❑Partner-❑Limited[]General ❑Attorney-in-Pact ❑ Attorney-in-Fact []Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑Other : Top orThumb Here Other : Top of Thumb Here . Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ALL-PURPOSE ACKNOWLEDGEMENT State of California ' County of '`.C)k1V`k C On �1 ' C: -before :pie, {� .... s �nw (NMARY) personally appeared _ SIGNER(S) V personally known to nae - OR proved to -Ie or., the basis of satisfactory { evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheltbey executed the same in his/her/their authorized canacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which. the person(s) acted, executed the instrument. i arum.#12565$5 Nfl AP PUBLIC CAUFORNtA NAfa costa OOZY WITNESS my hand and official seal, ,KpLIgsMarch 9,2005'd N0FARY'.S SieNA11 E OPTIONAL INFORMATION The ir`orniaticr, below s not recuired, by law. However, it could p:dvent frauduicnt attachment of this acknowl- edgement cknowl-edger;ent to a unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION' Off`ATTACHED DOCUMENT �; INDI V til LIAL CORPORATE OFFICER s TITLE OR TYPE OF DOCUMENT S) 4 PAR NER(S) ATTORNEY-IN-FACT NIJV I3ER 0 F PAGES TRUSTEE(S) f E] GJARDI N/COSERVATOR1 SATE of DC3CliivIENT OTHER: _ k ' OTHER SIGNER IS REPRESENTING RIGHT THUVMBPRINT NAME OF PERSONIS)O3 ENTITY(ir-S) OF 4 SIGNER ;o —O 1 APA 5/99 VAi"LEY-SIERRA, V,, -3h3-3369