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HomeMy WebLinkAboutMINUTES - 10122004 - C3 3 TO: BOARD OF SUPERVISORS et FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 12, 2004 SUBJECT: Approving the Road Improvement Agreement for Bixler Road,RA 0301155. SPECIFIC REQUFST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 549 for Road Acceptance 0301155,Subdivision 04-08580,approving the Road Improvement Agreement for Bixler Road,being developed by Hofmann Land Development Company,Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Road Acceptance 0301155 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding frontage improvements along Subdivision 0408580. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved and road improvements will not be completed. Continued on Attachment- SIGNATURE: F+�1A ECOMMENDATION OF COUNTY ADMINISTRATOR ®RECOMMENDATION OF BOARD COMMITTEE l'PROVE OTHER SIGNATURES ACTION OF BO � ON- 12 s 2004 APPROVED AS RECOMMENDED__XX _OTHER r 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 XXUNANIMOUS(ABSENT NONE ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED:_ �OrCTr--OBER 12, 2004 C,:\GrpData\EngSvc\B012004\10-i2-04\RA 03-01155Order.doe JOHN SWEETEN, Clerk of the Board Of Orig,Div: Public Works(ES) Supervisors and County Administrator Contaet: Frank Navarro(313-2264) cc: Public Works- T.Hell,Construction Current Planning,Community Developtnent T—August 12,2005(?1) Hofinam Land Deveh=rnent ConVany 380 RobertGalwxyy Henry B , Deputy 13ac Galaxy Way y �"'` Concord,l I sway 94520 Liberty Mutual nsurance Company Attn:Kataleen Beck I Front Street,Ste 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 GLOV ; NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 549 SUBJECT: Approval of Road Improvement Agreement for Bixler Road, RA 03-01155, Subdivision 04-08580,being developed by Hofmann Land Development Company, Byron area. (District III) The following document was presented for Board approval for Bixler Road,road acceptance Ole RA 03-01155 (Subdivision 04-08580)property located in the Byron area,Supervisorial District in. A Road Improvement Agreement with Hofmann Land Development Company, 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 road widening, pavement overlay, and installation of curb, sidewalk, and storm drain pipes. 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: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator: Public Works(ES) on the date shown. Contact: Frank Navarro(313-2264) KH:TM G:\GrpData\Engsvc\BOI.2004\10-12-04\tA 03-01155 Bo-15.doc ATTESTED: Ot B»t 12, 2004 cc: Public Works-T.Bell,Construction - Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and T—August 12,2005(P1) Hofinann Land Development Company County Administrator Awl:Roberty Henry 1380 Galaxy Way Concord,CA 94520 Liberty Mutual Insurance Company Attn:Kathleen Beck By ,.Deputy 1 Front Street,Ste 870 San Francisco,CA 94111 RESOLUTION NO.2004/ 549 SUBJECT: Approval of Road Improvement Agreement for Bixler Road,RA 03-01155, Subdivision 04-08580,being developed by Hofmann Land Development Company, Byron area. (District III) DATE: October 12, 2004 PAGE: 2 I. Cash Bond Performance Amount: $19,289.00 Auditor's Deposit Permit No. DP 430669 Date: September 2, 2004 Submitted by: Hofinann Land Development Company Taxpayer identification number: 680419482 11. Surety Band Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070000706 August 31, 2004 Performance Amount: $1,909,611.00 Labor&Materials Amount: $964,450.00 Principal: Hofmann Land Development Company NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/549 9QAD IMPROVEMENT AGREEL4ENT Developer: r c: ;s�:zr r Zr �i J %" rt n ,?f Effective Date: O x o i k r" Development s,?. ° }e, _ Completion Period: I year Road: �1 ir LLa j, : k-A i t THESE SIGNATURES ATTEST T£3 THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER.: ell' ¢' Maurice M.Shiu,Public Works Director By: (signature) it � (print name&title) a '3 ,T , �� R S E b 2:- - RECOMMENDED FOR APPROVAL �- By: (Signature) Engineer' g _ ices ivision (print name&citta) FORM APPROVED: Victor J.Westman,County Counsel (MUTE. All signatures to be acknowtedgcd If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&BATE.Effective on the above date,the County of Contra Costa,California,hereinafter called "County,"and the above-mentioned Developer,mutually promise and agree as follows concerning this development: Z. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: t c. C t,5 1 A. For Performance and Guarantee: $ /` cash,plus additional security,in the amount of S-11 which together total one hundred percent(100%)of die estimated 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,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. z. B. For Payment: Security in the amount of$ . �.:-: t��= =-��.`°- ,which is fitly percent(50°lo)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check >� Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with 544.4.406 and 594-4.408 of the Ordinance Code. 4. QUARAN E AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. b. IMPROVEMENT PLAN WARRANTY, Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7, NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof, 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County, and its special district, elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS:TS: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 tete 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. NCORPORATION/ANNEXATIOM If,before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) _ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw G:IGrpDatalEngSvciFomu\AG WORMAG-24.doc Rev.April b,2000 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. Shag, 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.#1296585 WWI` u3,.�C.sni#ost� r ri{t4`.:86{H G7UK4q w, iX Of+t EXDttAS MHts1t�9 L Signature.=,' �� . ., . .................................... Reference: Road Improvement Agreement- Bixler Road 1155 Lakes 7 [late: August 26, 2004 Pages; 1 CERTIFICATION OF SECRETARY I, Dennis M. Drew, do hereby certify that I,am duly elected and qualified Secretary and the keeper of the records and corporate seal of Hofmann Land Development Company, a 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. 6ci Dennis M. Drew, Secretary Date: 2- ACTION BY THE BOARD OF DIRECTORS OF Ht IIviANN LA►hI ?l' EVEL.OPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors pf Hofmann Land Development Company, a California corporation, Individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED,that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to tie approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated. August 1, 2000 Kennetfi . a n, Director Albert T. Shaw, Di or ennon, Director omas A, Whalen, Dennis M. Draw, Director Richard L. Greene, Director COUNTY Of CONTRA COSTA_ � OFFICE OF COUNTY AUDITOR-CONTROLLER ",O TIDE TREASURER- PZECEIVED FROM r� J ORGANIZATION NUMBER 4�220 {For Cash Collection Procedures see County Adrninistratar's Bulletin 105.) DESCRIPTION FUND/ORG A� TASK OPTION ACTMTY Al 7v OUNT $ i t l s V .7 g-5 r- I + f 1 f t 1 1 j s /> Ll i ,L i ff 6 tty �2n1 L Lrsih zi U 1 6 i :do c' I EXPLANATION: TOTAL $r j t F r"� C`t�1� "f�o1� `� ��f�✓r � DEPOSIT �1 J f / Deposit consists of the fallowing items r 7 C IN and CURRENCY _ / C CKS,AkO ETC. $51-:311—Z 71,-2 . ��'' L `� C.7�I NK C7EPOSiTS �— n r 1 FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT C� 7 PERMIT DP r7� { ! NUMBERDATE ��tI ASSIGNE438M SdP -2 4 The amount of money described above is for Treasurer's receipt of a —"nt is approved. Reeeipt of above amount is hereby i deposit into the County Treasury. —k aekrxswiedyerL ' Signed( f X.! r (( ; { I/ EXT Deputy County Auditor Deputy County Treasurer D-3d REV.{7-43} �- COUNTY OF CONTRA COSTA DEPOSIT-,PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER — •^1 TO THE TREASURER. MARTINEZ,CALIFORNIA #_ RECEIVED FROM ORGANIZATION NUMBER / � # if (For Cash C&ction Procedures see County Administrator's Bulletin 3175.) DESCRIPTION FUND/ORG, ACCT. TASK OPTION ACTIVITY AMOUNT r $ Rd 22,92 i i . i I i i i i r i E, EXPLANATION: TOTAL $r DEPOSIT { Deposit consists of the following items 601ss CURRENCY $ CHECKS.M.O ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY �d DEPOSIT PERMITdp NUMBER DATE ASSIGNED The amount of money described above is for Treosurei s receipt of above amount is approved. Receipt of above amount is hereby t into the County Treasury. J acknowledged Signe Titl ( EXT. 1{ v Deputy County Auditor d Deputy County Tres i7-34 REV.{7-9,3 f -i ✓ r-,C 0682--9752 / 819200: [1139819, $300.00, Parlor Ave. Underground, APN9357-111-009, David Johnson, 686 Parker Ace, Rodeo, CA 94572 0682-9752 / 819200: G1139820, $1000.00, Parker Ave. Underground, APN9357-081-007, Sum Cheung, 364 Parker Ave., Rodeo, CA 94572 819800-0800: G1139821, $32.124.00, Sub 8827, Cash Performance Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1139823, $19,289.00, RA1155, Cash Performance Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800--0800: G1139825, $39,783.00, Sub 8580, Cash Performance Bond, Hofmann Land development Co., 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1139813, $8,454.00, Sub 8847, Improvement Plan Review, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: [1139814, $1,550.00, MS 03-16, Minor Sub Map Check, Mike Caldwell, PO Box 231004, Pleasant Hill, CA 94523 0649-9665 18310030: [1139815, $500.00, RS 2937, Record of Survey, Chaudhary & Assoc., 851 Napa Valley Corporate Way, Suite G, Napa, CA 94558-6251 0649-9665 / 831000: G1139816, $500.00, RS 2938, Record of Survey, Stockinger Surveys, PQ Sox 24, Martinez, CA 94553 0649-9665 / 831000: [1139818, $23,641.52, FCP 620-01, Cash Deposit, CA Dept of Transportation, Administratin & Disbursement Division, P© Box 942850, Sacramento, CA 94250-0001 0649-9665 / 831000: G1139822, $148.058.00, Sub 8827, Major Sub Inspection, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 _.... 0649-9665 1 831000: G1139826, $182,523.50, Sub 8580, Major Sub Inspection, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 Bond No.: 070000706 .Development: Subd 8580, Lakes 7 Premium: $17,187.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code§§ 66499 - 66499.10) 1. RECITAL oF ROS 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 Bixler Rd, RA 1155 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: Hofmann Land Development Company .as Principal and Liberty Mutual Insurance Compapa a corporation organized under the laws of the State-of Massachussets , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind oL.rselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: One Million Nine Hundred Nine Thousand Six Hundred Eleven and no/100s***** Dollars S 1,909 611.00***** ( )for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Nine Hundred Sixty Four Thousand Four Hundred Fif!y and no/100s***** Dollars (5 964A50 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: �. Tile Conciiti�)n of this obligation as to Section(2.A.)above is such that if the above bonde Principal, oc-prin�.Ipa l's heirs, executors, administrators, successors or assigns, shall in all things stand to and ache b-1 a�;d well and truly keep and perform the covenants, conditions and provisions in the said agree Y?er_t and any alteration thereof made as therein provided on it or its part, to be kept and oertan-r:cd at the time and in the marrmer therein specified and in all respects according to their true i.tent 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 casts,expenses andd 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 tl;e judgement therein rendered. It is hereby expressly stipulated and agreed that this band 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 tlic Principal and the County 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 principal whenever taken. 4. SIGNED AND SEALED: The uadersigncd executed this document on August 31, 2004 PRINCIPAL: Hofmann Land Development Company SURETY: Liberty Mutual Insurance Company_ Address: ' ' :;£'a>* Address: One Front Street, Suite 870 Sart Francisco 411 K C';tv � .: E; �,"��;�„ t:� �..n � City: � CA 9__,.�„v. Oil Print Name: - Print 1garrl=e: Kathleen Beck Title: Attorney-in-Fact C3.1LtryDaca\Eu�{wc8>pn�a133*!�Ji�RL)VbN9.dae kei Dec '14erjEt,,;9QQt 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(1) 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. LNUC-6539 2/03 1579934 TIfti POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance thorization hereinafter set forth,does hereby name,constitute and appoint company,pursuant to and by authority of the By-law and Au 's JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW J DRUMRiGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL OF THE "s CITY OF CONCORD,STATE OF CAUFORNIA ........ . ..........:... . ....... ...... .. .........I....,. ....... ....... ....... ........ ..... ......... each Indlvlduaily if there be mors than one named,its true and taw€ul attorn®y-ln-fact to make,execute,seat,soknowiedge and deliver,for and on its behalf as sure and as its act and deed an and all undertakings,bonds, recognizances and other surety obitations in the penal sum not exceeding surety +** *•«* **� **** ** 60,000,000.08***** )each,and the FIFTY MILLION AIV[}00/1tt0 DOLLAR (S execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shalt 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 X111-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 attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such T3 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 y signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 4) as binding as if signed by the president and attested by the secretary. � G By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: CPursuant to Article Xt11, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and 'a deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. ccotJ di That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. Will y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of CL Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of July 0 2004 tCal LIBERTY MUTUAL INSURANCE COMPANY tta " By 4 CL Garnet W.Elliott,Assistant Secretary yC" COMMONWEALTH OF PENNSYLVANIA ss rte. C COUNTY OF MONTGOMERY O C V_+ On this 1 th day of July _ 2004 ,before me,a Notary Public,personally came Garnet W. Elliott, to me known, and acknowledged 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. t IN TESTIMONY WH P unto subscribed my name and affixed my notarial seat at Plymouth Meeting,Pennsylvania,on the day and year le — V first above written. tlflw t' ► IN Teras.Para e!a Na ary P090 saril Y 'w Q P""'.ih TwP r Son g r ary o my B C Q My Commission Expires hear.2e3 2006. ! y C'! Terella,Nota Public O e*Tt-9 $` � Pfe ttber,Pennspivanln fi,.socstion r3 No?ssk e Notary CERTIFICATE 1,the undersigned,Assistan cretary 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 turther 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 attorneys-in-fact as provided in Article XIII,Section b 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 authu ity 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,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upcn 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 i AuPu-st 2004 , " K. B ��.k'A% Davi6 M.Carey,Ass*96t Secretary State of California County of Contra Costa On August 31, 2004 before me,Randall Y. Cross personally appeared Kathleen Beck ZPersonally known to me -or- ❑proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 Cher/their signature(s) on the instrument the person(s) or the itiAtL Y CRcs entity upon behalf of which the person(s) acted, executed + 1464539 the instrument. NokUy Vuk*c•CaNhxr4a Corm °sta Cater WITNESS my hand and official seal. ,LID Myon. Jutst3. Signatuiie of Notary Public ---------------------------------------------------Option al----------------------------------------------------------- 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 Road Improvement Bond No. 070000705 Document Date:_ OL/31/04 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) claimed by Signers) Signe-'s Name: ❑Individual Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner-❑Limited❑General ❑ Partner-❑Limited❑General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee T ❑Trustee - ❑ Guardian or Conservator �ry �3LttirC�lal1 or Conservator ❑ Other : Top of Thumb Here F❑ Other : Top of Thumb Here Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ALL-PURPOSE ACKNOWLEDGEMENT State of Califorrtia (NOFAw) pers anally appeared .. `.. _ s;cnH,:tts) personally known tome _ OR - E] proved to :tee on the basis of satisfactory evidence to be the persons, whose nae(s) is/are subscribed to the wahl n instrument and acknowledged to awe that he/she they executed the sane in his/herrtheir authorized capacity(ies), and that by his/ber/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the persons} acted, executed the instrument, IN " WITNESS my haled and ofl"icial seal. 2965$5 {{�NJYp £CCountyIcy Cos mlmh9,2�,.«4vs+►� � 4 NOTARY'S SIONtA.T`UR2 OPTIONAL INFORMATION he ir.formation Mow is riot rcqu :ed by law. However, it could prevent at=arc meat of tl is acknowl- edgeincnt to an unauthorized documen . CAPACIT' Y CCAiMED BY SIGNS (PRINCIi'AL) DESCRIPTION OF 4TTAC ED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF OC U MENT PARTNER(S; _ AT ORNEY-IN-FACT NUMBER OF PAGES TR S rEE(S} DATA.OF DOC"VIE�IT OTHER: OTHER s i SIGNER IS REPRESENTING RIGHT Tlti vi�PRI NAME Of-,PERSON(S)OR EIV7'r'#'Y(ES) OF �..�. �... SIGNER j o fm s.o ARA 5/99 VALLEY-SIF:cRA, %i 1-362-3369