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HomeMy WebLinkAboutMINUTES - 10122004 - C8 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 12, 2004 SUBJECT: ApLroving the Final Ma and Subdivision A eement for Subdivision 04-08580. SPECIFIC;REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONN: ADOPT Resolution No. 2004/ 554 for Subdivision 04-08580, approving the Final Map and Subdivision Agreement,being developed by Hofmann Land Development Company, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASONS)FOR RECOMMENDATION(S): Subdivision 04-085 80 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the final reap. CONSEQUENCES OF NEGATIVE ACTION: The final map will not be approved. Continued on Attachment: SIGNATURE: t"IRCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L-A-"PROVE OTHER SIGNATURES « ACTION OF BO �ON ), X004 APPROVED AS RECOMMENDED XX OTHER 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 12L 2004 G:1GrpDatu\Eng3vo\Li0\2.004\10.32-04tSD U4-08580 Order.doe JOHN SWEETEN, Clerk of the Board of orifi.Div: Public Works(ES, Supervisors and County Administrator Contact: Frank Navarro(313-2264) cc: Public Works—T.Bell,Construction Current Planning,Community Developtnent T—August 5,2005 Hohnann Land Development Company y Attn:Robott Henry .By t Deputy 1380 Galaxy Way '^ Concord,CA 94320 .. Liberty Mutual Insurance Cornany Attn:Kathleen Beek 3 Front Street,Ste.870 San Francisco,CA 9411 Liberty Mutual Insurance Company Attic Matthew J,Dru might 3 Front Stmot.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, UILKRCR, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 55 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08580, being developed by Hofinann Land Development Company,Byron area.(District LII} The following documents were presented for Board approval this date: I. Map The final map of Subdivision 04-08580, property located in the Byron area, Supervisorial District III, said snap having been certified by the proper officials. IL Subdivision Agreement A subdivision agreement with Hofmann Land Development Company, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action Contact: Frank Works (31 taken and entered on the minutes of the Board of Supervisors Contact: Frank Navazao{313-2264) p KH:n-a on the date shown. 0:\Grp;Data\EngSvc\BO\2004\10-12-04\SD 04-08580 130-2lAoc cc: Puh&c Works—T.Bell,Construction Current Planning,Community Development T_.August 5,2005 ATTESTED: OCTOBER 12 2004 Hafrnasxn Land Development Company ATTESTED: Attn:Robert Henry JOHNSWEETEN, Clerk of the Board of Supervisors and 1380 Galaxy Way Concord,CA 94520 County Administrator Liberty Mutual Insurance Company Aun:Kathleen Beck I Front Street,Ste.870 San Francisco,CA 94111 Liberty Mutual Insurance Company By- ,Deputy Aur:Matthew J.Drurnright 3 Front Street,Ste 870 San Francisco,CA 94111 RESOLUTION NO.20041 554 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08580, being developed by Hofmann Land Development Company,Byron area. (District 1H) DATE: October 12, 2004 PAGE: 2 A. Cash .Bond Performance amount: $39,783.00 Auditor's Deposit Permit No. 434669 Date: September 2, 2004 Submitted by: Hofmann Land Development Company Tax ID Dumber: 68-0419482 B. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Dumber: 070000703 Date: August 31, 2004 Performance Amount: $3,938,517.00 Labor&Materials Amount: $1,989,150.00 Principal: Hofmann Land Development Company III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $355,000.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Liberty Mutual Insurance Company Bond Number: 070000707 Date: September 1, 2004 Amount: $355,000.00 Principal: Hofmann Land Development Company NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20041554 SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) {{,_ t! Subdivision: > sZ_�w a JAG✓�� I Effective Date: _ C i 0 -Z, f Subdivider a,-, ""d Ve �,,fe-� �.a.«s �rri� Completion Period: THESE SIGNATURES ATTEST TO THE PARTIES'A EMENT HERETO: r CONTRA COSTA COUNTY SUBDIVIDER , Maurice f#¢hiu Public Works Director M By : t ,4 Print Name ,rt 1. S el ,�i W z .. R �ONu FENDED FOR APPROVAL: r t Y :' , °y'L ` ; Print Title "? t By. 7 Print Name Engine tv Print Title `� FORM APPROVED: Silvan B.Marchesi,County Counsel N! OTE:Ali signatures must be acknowledged,If Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president the second signature must be that of the secretary, essistantsecretary,chief financial officer,or assistant treasurer.(Civ.Code;§1190 and Corps,Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss, County of ) On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for gti,#. personally known tome( )to be the person*-whose nameK W subscribed to the within Instrument and acknowledged tome that hels lV* executed the same in hisl [ltho-authorized capacity*),and that by hlsr*lth0,IgnatureW on the instrument the person(},or the entity upon behalf of which the personWacted, executed the instrument. WITNESS my hand and Dated: "Mm.11 zV6585r� :.:NotarfPublic VI, N??ARY Pii9l1C•CAt1F{iAidfA Vt (Notary Seal) Centra costa County My Comm i*rss MWO 9,2005 I. PARTIES&DATE.Etteotive on the above date,the County of Contra Costa,California,(hereinafter"County")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 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,as requited by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (herainafter"Ordinance Code!). Subdivider shall complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder-,and where there is a conflict among the Improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govem. 3. IMPROVEIENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee:$ 3 9,783, cash,plus additional security,in the amount of$�,�% which together total one hundred percent(100%)of the estimated cost of the Weak. Such additional security is presented in the fort of Cash,certified check or cashlees check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdividerguarantees performance under this Agreement and maintenance of the Work forone year afterits completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$1.2.82 ?5-6-•?5,-,which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the form of Cash,car ified check,or cashier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit (Rev.91031 Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 944.406 and 944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the 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. Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system, 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant 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 en sure 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. 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 the Work and/or materiats or statement by any officer,agent or employee of the County indicating the Work or any part thereof complies with the requirements of anis 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 ads,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby 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 defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,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 County reviewed said Improvement plans or accepted the Work as complete,and including the defense of any sult(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 Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them, D. Nan-Conditions,The promise and agreement in this section are notcondifloned or dependenton whether ornotany indemnitee has prepared,supplied,or approved any plan(s)orspedfication(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any ofthese matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from or related to the Work,and priorto acceptance ofthe Work as complete or expiration of any applicable warranty periods, whichever is later. 10. 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 the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the Work within the time specked in this Agreement,and subsequent extensions,or fails to maintain the Work,County may proceed to complete and/or maintain the Work by contract orotherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work. Should County sue to compel performance underthis Agreement or to recover costs incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs 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,except as provided in this paragraph,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 fulfil all the terms of this Agreement as though Subdivider had contracted with the city originally,The provisions of paragraph 8(indemnity)shall continue to apply in favor of the indemnitees listed in paragraph B.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shalt allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of ron-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel ;Rev.9/031 H:1FinaAPW\LW-SubAgmt9,03.wpd Page 2 of 2 < _..................................................... CERTIFICATION OF SECRETARY 1, Dennis M. Chew, 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. r � Dennis M. Grew, Secretary Date: 2..-4 ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to tate 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 Beard of Directors by unanimous writteh consent without a meeting. Dated: August 1, 2000 L-4�'-.d r"0.4 Kenneth . d n, Director Albert T. Shaw, DI or ei!nnon, Director omas A, Whalen, Di Dennis M. Drew, Director Richard L. Greene, Director a Y is vs !� I N W � sags tn is s c~n aha J tC _ e5n Pip COa to,� � _ HEIR, as ` ,'•- NCa ay y � wN��51ib .� -CM +�MIIWKMYJu� SN�y �+f-_Y (aM�y�+K•�+�4�'.� � 3 I>NC 'C/Sf V3 ~mNaJ 0��� '-'� ���`�Qj _. #�-O���i� C�'!' 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P Ell I R,5 1 k"-.,z^ 6q C7 rnu Wz $"rta �v�¢ ��arli t N9 10 C3 84'1' to 3„%OalON ,00-m 3.65,O4.tON ,8L- k 3.6s,mtO# a 91, zz rn a � CxO ti A a x ry (ti 3.65 L>.tO ° 4 � r � EL a corn LNoAmv,7H1WGx 7ISOVa avox SaMs V5 Ln 71, � con cn ku ix y, N *✓ ate'."'-�� f (v�� � � �� * �� V:� " ���� ## L� a SUBDIVISION 5570 (457 M t 8) i; wmroo`sg'e xssa.ss' t7ll \ 1 \ \ Al I tk Z• Y$ '�j � �' Qy I co CCS Es ce (4)GMM 3,00,4Z.onkl Ri ,Z6'9Y9�3�Y1,16i6N L- .•.- ..•.��-. .. - - V' - ('M-ri).Sp'949Z 3.YZ,W.46N - - -.._ .--.,.-. "a9NftlY38�c!ss" GVOX aalXIq V' CG N EN Ns T �ZA". St�i � �� �� yJySH�.'• COUNTY OF CONTRA COSTA.- DEPOSTT PERMIT J OFFICE OF COUNTY AUDITOR-CONTROLL9R j TO THS TREASURER; MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Far Cash C Vection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTN'tTY AMOUNT $ � I t ;f? T iJ.t V � _ ' I 4 � I T, r EXPLANATION: t � TOTAL $ t ! 7- C'a . C7// C%c ( ylrJ DEPOSIT 3q0i Deposit consists of the following items t C Nf]rrdCl}RRINCY i MO,ETC. $IL-3 z }7 2- 15ANK DEPOSITS $ -- r FOR AUDITOR-CONTROLLER USE ONLY )9_ DEPOSIT { PERMIT DP DASS GNID13. 2 SW'-- — The amount of money described above is for Treasurer's receipt of obovp,i6unt is approved. Receipt of above amKwnt is hereby deposit into the County Treasury. yon acknowledgezL Signed: EXT. -�L f Deputy County Auaitor Deputy County Treasurer D-34REV..17.93) COUNTY OF CONTRA COSTA DEPOSIT;PERlM)IT OFFICE OF COUNTY AUDITOR-CONTROLLER } MARTINEZ,CALFORNIA TO THE TREASURER; C# RECEIVED FROM ORGANIZATION NUMBER T pit (For Cash Collection Pmcedures see County Admirostratcrr's Bulletin 105.) DESCRIPTIONRklo/ORG CTSulk TASK OPTION ACTMtY AMOUNT s� y ! IR 49 ,rte f f }' �^ � {<,+_ `� ff-I 'moi^14 i �0, osoo g -4)L), I # i i s i 1 t #. I 1 1 # 1 # I ,,. i 1. 1 1 1 111 1 1 1 1111 � 1 # EXPLANATION; TOTAL $ 1 DEPOSIT # Deposit consists of the foliovAng item -SQIbl.aeu3 t*RRENCY 3 CHECKS,MC?fT " BANK DEPOSITS 5 i FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above onwxmt is approved. Receipt of obove amount is hereby j osit into the County Treasury acknowledged. pate signed Titl ( EXT. YY Audi#or Sigel: Deputy County T U-34 REV.(7-93f` �_ C.�i 0682-9752 / 819200: 61139819, $300.00, Parker Ave. Underground, APN9357-111- 703, David Johnson, 686 Parker Ace, Rodeo, CA 94572 0682-9752 / 819209: G1139820, $1,000.00, Parker Ave. Underground, APN9357-081-007, Sum Cheung, 864 Parker Ave., Rodeo, CA 94572 819800-0890: G119821, $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: 61139825, $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: G1139814, $1,550.00, MS 03-16, Minor Sub Map Check, Mike Caldwell, PO Box 231004, Pleasant bill, CA 94523 0649-9665 C 831000: 01139815, $500.00, RS 2937, Record of Survey, Chaudhary & Assoc., 851 Napa Valley Corporate Way, Suite G, Napa, CA 94558-6251 0649-9665 / 831000: G1139816, $500.030, RS 2938, Record of Survey, Stockinger Surveys, Pd Box 24, Martinez, CA 94553 0649-9665 / 831090: 61139818, $23,641.52, 1=CP 6203-01, Cash Deposit, CA Dept of Transportation, Administratin & Disbursement Division, PO Box 942850, Sacramento, CA 94250-0001 0649-9665 / 831000: 61139822, $148,058.00, Sub 8827, Major Sub Inspection, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 0649.9665 / 831000: G1139826, $182,523.50, Sub 8580, Major Sub Inspection, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 Subdivision: 8580, Lakes 7 Bond No.: ._ 070000703 Premium$35,447.00 IMPROVEMENT SECUPJTY BOND FOR SUBDMSIOIiN AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 -66499.10) I. RECITAL OF SUBDIVISION AGREEMENT: 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 8580 - -. as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in 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. (.OBLIGATION: Hofmann Land{development Company as principal and Liberty Mutual Insurance Company a Corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, ad.-ninistrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee. Three Million Nine Hundred Thirty Eight Thousand Five Hundred Seventeen and nol100ths`** Dollars ($3.938 5i 7.00***** ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: One Million Nlne Hundred Eigbly_Nine Thousand One Hundred Fifty and no1100ths***** Dollars ($_1 989 150.00***** )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 Cade of the State of California. 3. CONTITION' A. 'The Condiden of this obligation as to Section(2.A.)above is such that if the above bonded principal, or pri::ci al's heirs, executors, administrators, successors or assigns, shall in all things stand to and a`::de by wrid well and truly keep and perform the covenants, conditions and provisions in the said a�,Taentent and any alteration thereof made as therein provided, on it or its part, to be kept and ^erfonned 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 retrain 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 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,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 full force and effect. C. No alteration of said subdivision agreement or any plana or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)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. SIC NED AND SEALED on August 31, 2004 aD;, Tv1�1; Hofmann Lard Deve!opment Company SURETY: Liberty Mutual Insurance Compan "� ` 1 Front Street,Ste.870 Address: V .�c," a � Address: City: Zip: . '�,_... City: San Francisco,CA Z-1 D: 94111,.-� By. f By: LIZ Print Name: - ti a ` t .ate „" e Print iaTe: - Kathleen Beck Title: Attorney-in-Fact G:1GrpData�EngSvc\FomuSN WORMBN-12.doc Rev,November 28,2006 _ -----------_..................................................................._.............................................................................................. 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 Croup 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 farms 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 ($0.00), DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNUC-6539 2/03 ' Tk±;S POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REQ BACKGROUND. 1579936 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual insurance Company {the "Company"}, a Massachusetts stock insurance { company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW J.DRUMRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA . . .... . ... ................................ ..................................... .............................. ..... ... .. . .. ...., ..... ........... ... .... ..., ..... .................................... each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed any and all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding j FIFTY MILLION ARID t1t3fl00*"***'"**i"��* * «*** DOLLARS($ 50 000000.00***** { ( each,and the execution of such undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents, shall be as binding upon the i 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 attomeys-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 V attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their p0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be ` CL 4 as binding as if signed by the president and attested by the secretary. .w By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint aftorneys-in-fact: ,p Pursuant to Article XiII, 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 _ deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. 0 421 w. 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 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 E E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of Jufy � C" OO 20Q4 <f, LIBERTY MUTUAL INSURANCE COMPANY E C111 By "`'fit-./- D` C Garnet W.Elliott(Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss I ` :a COUNTY OF MONTGOMERY O ) On this 16th day of July 20014 , before me, a Notary Public, personally came Gatnet W. Elliott, to me known, and acknowledged C 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 ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 92 a �o i 3+ IN TESTIMONY WH 6�unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year V e first above written. pt�a E+CV T3Sa Fair ra,Nalary oOF Piyrr,uuth Twp i4o tgcxnaryourr v y Z _ my cor,xn s,Mo ExpiresMar.28 2F'OU Ely � o rrriber,C enrsyivn l k loci st3 n rf Ro+ rvt,. TeY sa Pastelia,Notary Public 19 CERTIFICATE LSFryP 1,the undersigned,Assistant 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 further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,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,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon 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. 3 IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 31st~ day of August: 2004 A15 s §,vl By f David M.Carey,Asst#VFt Secretary i i State of California County of Contra Costa On August 31 2.004before me,Randall 4'. Gross personally appeared Kathleen Beck NPersonally known to me -or- [--1proved 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 Ther/their signature(s) on the instrument the person(s) or the � t x CRTC entity upon behalf of which the person(s) acted, executed Common# 1464,539 the instrument. 1Votwy Public-C0#I0jnf0 COMIC C05t0 cowty WITNESS my hand and official seal. My COMM,F�ion 2"0,2 -, 4 A IlaSignature of Notary Public ---------------------------------------------------Optional----------------------------------------------------------- Tough the information below is not required by taw,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 Bond No. 070000704 .Document Date: 08/31104 Number of Pages: 2 tze (s) Other Thain Narnecl Above: Capacity(ies) claimed by Signer(s) Signer's Name: F� Individual 0 Individual Ej Corporate Officer Corporate Officer Title(s): {, Title(s): E] Partner-{Limited [General Partner-Limited FlGeneral ❑ Attorney-in-Fact [� Attorney-in-Fact TrusteeMOO Trustee [] Guardian or Conservator �� Guardian or Conservator > El Other: Top of Thumb Here E]ether : `Top of Thumb Here Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ALL-PURPOSE ACKNOWLEDGEMENT St to£3I Cal€forma County of L: f ._ ` ` AM'ARY) personally appeareu - SiiV�of S> s impersonally known to me - OR proved to me on the basis of satisfactory evidence t0 be the person(s) whose name(s) is/are subscribed to the within instrument an acknowledged to Ise that he/Shea Bey executed the same ir, leis/her/their authorized c;apacity(ies), and that by his/her/Meir signatures(s) on. the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. � t7, PAN ELE,S rte. TRmm 296 f NSa`cCALIFORNIA WITNESS my hand and Official seal. } ul co;±ira Coma"aunty My Comm.Expees MarcD�9� (' '`".",••.. �l i:�RY'S S3GUAi'URc OPTIONAL INFORMATION s { The inform-atien b6ew is not required by :law. However, it could prevent fraudule=..t zittavh-nren t Of this acknowl- edgernent tc an, u-miuthorized dOciurneia:. CAS ACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT CORPORATE OFFICER TITLE OR TYPE 0FDOCUMENT PARTNER(S) ATTORNEY—INT—FACT ��._. NUMBER OFPAGES _... w TRUSTEF(S) S ' C1tUA R DIAN/C*0NSI;RVA'€OR, DATE OF DOCUMENT a OTHER SIGNER IS REPRESENTING: RIGHTTHUMBPRINT UMBPRINT NAME Or FEf2SCN{S)OR 6N'F{i"Y;1E4) --.�......—....—.. .,.�.. ....� �...__. S I G N ER c .a APA 5N9 VAL EYwSIERRA, 800-362-3369 VOID AFTER 1/1461449/1104 FATCC3 $42 8580 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P O. Box 631 Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 y CountJoslyn Mitchell (925)646-4135 FAX `"II Tax Operations Supervisor Gate: 9/1120034 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS UTTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract i MS# City_ T.R.A. 8580 BYRON 72038 Parcel#: 011-241-006-3 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $355,000.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security rior to fifing with the Clerk of the Board of Su ervisors. Security for this subdivision may be covered by the subdivision 8827 WILL���1 POLLACEK, Tre.asufe ax ctor By: L DUPLICATE ORIGINAL _. PRINCIPAL, Tn"- cC���" tt"� '�"�' Rofm*a Land Development Arst American Title Co. t erty utual insurance Company 135 Galaxy Wad 1355 Willow Way,#141 One Front Street, Suite 870 Concord,;CA 94521 Concord,Ca 945 41 San Francisco. CA 94111 Attn- Bob Henry Attn,.Barbara Pinto 415.282-81 C Ph: 925-682-4830 Phone. 925-356-7425' FATCl3#1421362&1421384 Bond Number: 070000707 Tax year 2004) 2005 Premium: $3,195.00 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT,Hofmann Land Dey6opment-Compap3L aCalif-rnia Corporation, as principal and(Surety} Libert M foal In ora c , a corporation organized and existing under the laws of the State of__Massachussets > and authorized to transact surety business in California as surety are held and:firmly bound unto the County of Contra.Costa, tat'C o Cal%fomia, in the penal sum of Three Hundred Fifty Five Thousand and noi100s**Dollars($355,000.00), to he paid to said. County of Centra Costa, for the payment of which will and tni y be made, we and each of Lis bind.ourselves,our heirs; executors, administrators and.successors,,jointly and severally, fr ily by these presents. Sealed with our Seals and dated this 1st day of September 2004. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a map entitled Subdivision 8580 agd. hbdjvi ion 8827,an covering a subdivision of a tract of hand in said County of Contra Costa and there are certain liens for taxes and special assessments collected as taxes,against the said,tract of land covered by said snap, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW,THEREFORE,if the said Principal,shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of larid covered by said snap, at the time of the filing of said map of said tract,then this obligation shall be void and of no effect, otherwise it shall ruin in full force and effect. Hofmann Land:Development Company, A California Corporation. Liberty Mutual Insurance Company Principal Surety Matth J Q° right, Attorney-in-Fact Principal _ ;4 �IN'D REVIEWED AND APPROVED (notary acimowledginent attached) CONTRA COSTA COUNTY 'REASUW 7'4X COLLECTOR 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 lousiness is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice farms part of surety bands 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. LMIC-6539 2103 1579939 THIS 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 i 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 company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW J.DRUMRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA . .. .... .. ....................................................... ......................... . ......... ......... .. ............ ....... ... .......... .: ............................... 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 surety and as€ts act and deed any and all undertakings,bonds, recognizances and other surettyy obi'iggations in the penal sum not exceeding FIFTY MILLION AND 013110{1************ ******* DOLLARS(� 50,0001 00.00«"**' )each,and the 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 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, 1 execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such PC 1 aattomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their Off, signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: >04. • t Pursuant to Article Xill, 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 .r C Zit deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O a� That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. rw 0) IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E E CL Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of JU€Y '004 E c LIBERTY MUTUAL INSURANCE COMPANY CL 0 C Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY O C C On this 16th day of July •2}04 , before me,a Notary Public, personally came Garnet W. Ell! to me known,and acknowledged Cr• 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 Eif Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year et -^ U first above written. ON „ Q ^Q 'dU4urr x!taeazl E N y„ Tema Paaia la Notary u7+i- t �� Q } S Rymouit rw AAo!rgomory Uu nYy By j {3 .My Commission Expire PAar,d��5a �) Aid ijnmbcr, e❑rsyhan3aAssoci 4lrnctNo?ie. Ter6sa Pastella,Notary Public it r* CERTIFICATE Ley 1,the undersigned,Assistant 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 further certify that the officer or official who executed the j said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII,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,1980. i NOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon 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,l have hereunto subscribed my name and affixed the corporate seal of the sa€d company,this s t day of € September 204 i ' By / Davl6 M.Carey,Ass*9t Secretary i i State of California County of Contra Costa On Sotember 1,2004 ,before me, Kathleen A. Beck personally appeared Matthew J Drumri ht NPersonally 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 A` K /her/their signature(s) on the instrument the person(s) or the Cama 2303250 �. entity upon behalf of which the person(s) acted, executed corft C"a Cir the instrument. Cam. AA2—s. WITNESS my ha96 and official a �,L Signature of NotaryPublic 1 ---------------------------------------------------Optional---------_---_-_--_-_--_-_-_-----__-----------_--_--_------ 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 Development CaCC Tax Bond #070000707 Document DateNumber of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: [-1 Individual Individual ❑Corporate Officer �] Corporate Officer 'Fitle(s): Title(s): [I Partner-ElLimited FIGeneral 0 Partner-Limited[,]general []Attorney-in-Fact Attorney-in-Fact Trustee xt T t4lttN7 T ❑Trustee Guardian or Conservator M , a Guardian or CC)r15erVatori= [l Other: Top of Thumb Here Other: Top of Thumb Fere Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Nacre: _ ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of Contra Costa Can September 1, 2004 before me, D. Panteles , DATE) (NOTARY) personally appeared A.T. Shaw StGNERtS) personally known to me - OR - E] 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 signatures(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m hand and official seal. %Co�, PANTI:II;� �' RPLI #1296585 {� NOTARYPUBttC•CALIFORNIA Ut Coot(*cotta County "" e My Comm.E:aaea Matth9,2WS NC7rARY'S SMNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACKED DOCUMENT INDIVIDUAL ® CORPORATE OFFICER Bond Against Taxes �- Fallman Property President TITLE OR TYPE OF DOCUMENT TITLE{S) .._.._ PARTNER(S) Ej ATTORNEY-IN-FACT NUMBER OF PAGES E.l TRUSTEEES) September 1, 2004 GUARDIAN/CONSERVATOR DATE OF DOCUMENT [� CTHER,- OTHER i SIGNER IS REPI2lu5ENTiNG. RIGHT THUMBPRINT f ?SAME OF PERSONS)OR ENTHWES) O1 31 �3 SIGNER i M� APA 5&9 VALLEY-SIERRA, $00-362-3369