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HomeMy WebLinkAboutMINUTES - 11302004 - C.19 TO: BOARD OF SUPERVISORS rj FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: November 30, 20104 SUBJECT: Approval of Road Improvement Warranty Agreement for Point of Timber Road for Read Acce tante 99-01089. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 610 for RA 99-01089(cross reference Subdivision 98-08166 and Subdivision 98- 08167), approval of Road Improvement Warranty Agreement for Point of Timber Road, being developed by Hofmann Land Development, Byron area. (District III) FISCAL IMPACT: None, BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The curb, sidewalk, and adjacent pavement with profile slopes less than I%will be warrantied for 5 years. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be warrantied. Continued on Attachment:— SIGNATURP:- 7;ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNAT RE S� S'' ACTION OF B( ' ON . W)MER 30, 2Q.04 APPROVED AS RECOMMENDED Xx OTHER m 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: NOVINBER 30, 2004 rk L;:1Crt}�DatalEngSvcl.L36\i004121.30-04'tRA 99.01089 Order IS.doc TORN SWEETEN, Cleof the Board of orlg.Div: Public Works(ES) Supervisors and County Administrator Contact: Frank Navarro(313-2264) cc: Pubic Works- T.Belt,Construction K,Dahl,Fnginecring Current Planning,Community Developnxnt T—9!30!09 fio;1380 Land DevelopmentBy + p y 1380 Galaxy Way , Deputy Concord,CA 94520 V --... Liberty Mutual Insurance Company }Front Strait,Sze.870 San Francisco,CA 94111 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 30, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKD%, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/610 SUBJECT: Approving the Road Improvement Warranty Agreement for Point of Timber Road, RA 99-01089 (cross reference Subdivisions 98-08156 and 98-08167), being developed by Hofmann Land Development, Byron area(District III). The following document was presented for Board approval for Point of Timber Road,road acceptance file RA 99-01089(Subdivisions 98-08166 and 98-08157)property located in the Byron area, Supervisorial District 111. An Improvement Warranty Agreement with Hofmann Land Development, principal, whereby said principal warrants that the curbs, along with adjacent pavement and sidewalks, installed on profile slopes less than I%,were otherwise constructed, installed and completed in this development in a manner equal or superior to the requirements of the County Ordinance Code, Title 9. Principal also guarantees that the aforesaid development improvements are and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and developer shall maintain the improvements for five years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance,particularly ponding of storm water in gutters. I hereby certify that this is a true and correct copy of an action taken PE:ew and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc�B0\2004\1 1-30-04\RA99-01089 130-15.doc Show]. Originator: Public Works(ES) Contact:Frank Navarro(313-2264) ATTESTER: NQVE`i P, 3} 2Q0 Pubic Works- T.sell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County K.Dahl,Engineering Current Planning,Community Development Administrator T—9/30/09 Hofmann Land Development 1380 Galaxy Way Concord,CA 94520 Liberty Mutual Insurance Company By_ Deputy 1 Front Street,Ste.870 San Francisco,CA 94111 RESOLUTION NO.2004/ 610 SUBJECT: Approving the Improvement Warranty.Agreement for Road Acceptance 99-01089 (cross reference Subdivisions 98-08166 and 98-08167),being developed by Hofmann Land Development, Byron area(District III.). DATE: November 30, 2004 PAGE: 2 Said document was accompanied by security,guaranteeing all improvements as stated in said agreement and required by Title 9 of the County Ordinance Cade, as follows: 1. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP 430541 Date: August 31, 2004 Submitted by: Hofmann Land Development Co. Taxpayer identification number: 68-0419482 11. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070000624 August 23, 2003 Performance Amount: $13,300.00 Labor&Materials Amount: $7,150.00 Principal: Hofmann Land Development Company NOW, THEREFORE, IT IS RESOLVED that said improvement warranty agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N4. 2004/61.0 IMPROVEMENT WARRANTY AGREEMENT (After Construction is Complete) (Government Code §§ 66462 and 66463) Development: Road Acceptance RA 1089 Effective Date: �� �� ID b Principal: Hofmann Land Development Co., Inc. Maintenance Period: 5 Years Bonds: A. Cash: $1,000.00 B. Surety: 1. Faithful performance&maintenance: $13,300.00 2. Payment for labor and materials: $7,150.00 PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County,"and the above-named"Principal,"mutually promise and agree as follows concerning this development. IMPROVEMENT WARRANTY. Principal warrants that the curbs and adjacent pavement and sidewalks, that were installed on profile slopes of less than 1%, were otherwise constructed, installed and completed in this development in a manner equal or superior to the requirements of the County Ordinance Code,'Title 9. GUARANTEE & MAINTENANCE. Principal guarantees that the aforesaid development improvements are and will be free from defects and will perform satisfactorily in accordance with the County Ordinance Cade and principal shall maintain the improvements for five years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance,particularly ponding of storm water in gutters. IMPROVEMENT SECURITY BONDS.Upon executing this agreement,principal shall deposit as security with the County: A. Cash: (For faithful performance)a cash bond in the amount: $1,000.00 R Surety: 1. (For faithful performance) additional security, in the amount: $13,300.00, totaling 15% of the cost of the estimated improvements, less the cash bond, in the form of cash, an acceptable instrument of credit, or an acceptable corporate surety bond, guaranteeing faithful performance of this agreement and maintenance of the work for five years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance;plus 2. (For payment for labor & materials) another such additional security, in the amount: $7,150.00, which is 50% of the estimated cost of the aforementioned improvements, securing payment to the contractor,to the subcontractors and to persons renting equipment or furnishing labor or materials to themor to principal. NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any part thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements and/or materials, or payments, therefor, or any combination or all of these acts, shall not relieve principal of the obligation to fulfill this agreement as prescribed; nor shall County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. INDEMNITY: Principal shall hold harmless and indemnify the indemnities from tle liabilities as defined in this section: A. Indemnities benefited and protected by this promise are the County and its special district, elective and appointive boards,commissions,officers,agents,and employees; B. Liabilities protected against are any liability or claire 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 completed the review of the improvement plan or accepted the improvements as completed and including the defense of any suit(s),action(s), or other proceeding(s)concerning these; C. Actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this agreement and attributable to principal,contractor, subcontractor, or any officer, agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared, supplied, or approved any plan(s)or specification(s)in connection with the improvements or development,or has insurance or other indemnification covering any of these matters. COSTS: Principal shall pay, or have paid when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. NON-PERFORMANCE AND COSTS: If principal fails to maintain the work and improvements during the time specified in this agreement, County may proceed to repair them by contract or otherwise and principal shall pay the costs and charges, therefor, immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs and the cost of maintaining the improvements, principal shall pay all reasonable attorneys' fees, costs of suit and all other expenses of litigation incurred by County in cormection therewith. ASSIGNMENT: If, before the completion of the maintenance period, the development is annexed to a city, County may assign to that city County's rights under this agreement and any cash bond or surety securing them. LABOR & MATERIALS, WARRANTY: Principal further warrants that the claims and liens of all persons, contractors and subcontractors furnishing labor or materials for the maintenance or repair of said improvements in the development have been satisfied. Principal agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and development appearing hereafter upon demand by County. CONSIDERATION: In consideration hereof, at the end of the five-year warranty period, County will accept the curbs and adjacent pavement of Road Acceptance 1089 for maintenance. CONTRA COSTA COUNTY: PRINCIPAL,: Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc. By: 4AM4zm, By: A.T.Shaw,President RECOMMENDED FOR APPROVAL: By: 4 N agmeering Services Division FORM APPROVED: Victor J.Westman, County Counsel G:\GrpData\EngSvc\Chris\Projects\Discovery Bay WesWA 1089\RA 1089 Warranty Agmt-doc teeitetnber4x.2003 ........................................................................................................................................................................................................................................................................................................................... . CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 3 State of - -C f'` `,.t.£ OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On k•-Yt before me, �... > .:, Though statute does not require the Notary to sill in ' , NAME,TILE OF OFFICER E.G., JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to persons relying on the document. personally appeared CANANE` (s)OF;SIGNER(S) d INDIVIDUAL -Monaliy known to me-OR-❑ proved to me on the basis of satisfactory evidence to MRkT OFFICER,(S) be the persor.(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed ❑ PARTNER(S) D LIMITED ! the same in his/her/their authorized ca act D GENERAL �`� p (les),and that by hislher/their ❑ ATTORNEY-IN-FACT M§ 0, PANTE;,rru signature(s)on the instrument the person(s)or p TRUSTE (S) y+ COMM.�1296585 ;^ the entity upon behalf of which the person(s) D GUARDIAN/CONSERVATOR �! NOTARY PU18t_IC CALIFORNIA Ut acted,executed the instrument. D OTHER: Casts Caste County •" My Comm.Expires#arch 9,2flQrsr- y han�and oF� ial�e�J � SIGNER IS REPRESENTING. ! I NAMEOF PERSON(S)OR ENTITY(IES))^ SIGNATURNOTARY OP'T'IONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document { i to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. Ii. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property, must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. lv. SIGNATURES FOR.CORPORATIONS Documents should e signed y two officers,one from each of the following two groups: GROUP 1. (a}The Chair of the Board b The President c Any Vice-President GROUT'2. aThe Secretary lb An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question Is required. A currently valid power of attorney,notarized, will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase- "...and hrase:" ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw \1,�WS4\$IIAP,DATA1GrpDatalEngSvcVorm\WORD FORMS\ALL PURPOSE NOTARY.doc Rev;A,ui44t..t,2001 COUNTY OF CONTRA COSTA— DEPOSIT OSTA.DEPOSIT POMI'T OFFICE OF COUNTY AUDITOR-CONTROLLER ' TO THE TREASURER: MARTINEZ,CALPORNW RECEIVED FROM f I ORGANIZATION NUMBER � a (For Cash Collection Procedures see County AdministraWs Bulletin 105.) DESCRIPTION FUND/ORO ACCT. TASK TION ACTIVITY AMOUNT $ i I kLIz,12412f , i J-L I I---L- I 'LI I I I I -L.- 1)(J. "9,lXA �2 Z ln6ld qLql -J---L- 1, 1--.L j -.L--1 1--1 1 1 -1-- 'L t I I I I t ;`" EXPLANATION: , TOTAL $ r DEPOSIT r, i t � ,,Depwirl-��10N ng Mems CHECKS,M.O,ETC. $ t ��1(r•.:�-: / / .; •,ti,� r FOR AUDITOR-CONTROLLER USE ONLY (. DEPOSIT PERMIT DP ' NUMBER , DATE ASSIGNED . rA . The amount of money described above is for i Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury, i acknowled �k.1 r •1 Date Titl ( EXT. l- �t t t Deputy County Auditor Deputy Ga D-34 REV.(7-93) �.-A PO' J r rt� i JV � /vr VAR L, 'r LD(.5 (_IL)UN t Tyr t g—"t KA t.vstf►.. DWOSff PERMIT OFFICE OF COUNTY AUWOR-CONTROLLER rE TREASURER MARTINEZ,CALIFORNIA ..EIYED FROM , ) ORGANIZATION NUMBER (For Cash Colection Procedures sere County Admirushatcr's BuDetin 105.) DESCRIPTION FUND/ORG. SUB. BTASK OPTION ACTWM AMOUNT $xvi i 1 1 i 1 i j i i i I I r i i i i i i i 1 i EXPLANATION: TOTAL $ i DEPOSIT i Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.ETC. E BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSITPERMIT J D L4_ � NUMBER � i y � DATE ASSIGNED The amount of money described above is for Treasurer's receipt o above amount is approved. Receipt of above amairif is.hereby deposit into the County Treasury. � aged T lk A.'` T - L k/ EXa "y j Deputy Caunty Awtlitor uty County Treasurer 6-34 REV.(7-9311�.,,. ' 819800-08000: &1139924, $1,000. SD9808166, Cash Performance Bond, Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-08000: G1139925, $1,000.00, 509808167, Cash Performance Bond, Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 8191 00 9000 011 92 $1 1, A9901.089 Cash Perfa man Bond, Hofann Land Devc�pmett Co , 138 Caldxy Way, Cncc+rcl, CA 9452E3 0682-9752 / 819200: 62139923, $500.00, Parker Ave. Underground, Evn Sam Cho & Victoria Hui, 1196 Earnest St., Hercules, CA 94547 0649-9665 / 831000: 61139912, $500.00, MS 89-00060, Minor Sub Improvement Inspection, John or Nancy Donkonics, 926 Deer Creek Dr., Martinez, CA 94553 0649-9655 / 831000: 61139913, $500.00, 852936, Record of Survey Deposit, Morgan Engineering, 1930 Shattuck, Ave, Ste A, Berkeley, CA 947704-1022 0649-9665 / 831000: 61139914, $500.00, 852934, Record of Survey Deposit, Darrel C. Pachard, 201 Pistachio Pl., Brentwood, CA 94513 0649-9665 / 831000. G1139915, $5003.00, 852935, Record of Survey Deposit, Harold Jaffe, 3521 Grand Ave., Oakland, CA 94610 0649-9665 / 831000: 61139916, $500.00, 852933, Record of Survey Deposit, Raymond W.Sage, PO Box 746, Lafayette, CA 94549 0649-9665 / 831000: 01139918, $2,984.96, RA 03-01144, Inspection Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1139930, $15,340.00, Sub 8779, Improvement Plan Review Major, Centes Homes Northern CA, 2527 Camino Ramon, Suite 100, San Ramon, CA 94583 Duplicate Original Development: RA1o8s Bond No.: _070000624 Premium: $600.00 SECURITY BOND FOR IMPROVEMENT WARRANTY AGREEMENT I. RFc'ITAL OF IMPROWMENT WARRANTY AGREEMENT: Principal has executed an improvement warranty agreement with the County of Centra Costa to maintain and repair curbs and other affected improvements for RA1489 at principal's expense for a period of five years, as specified in the improvement warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the final map for said subdivision. 2. OBLIGATION: Hofmann Land Deyelocr gent Corrfpan� as principal and Liberty Mutual Insurance Company a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Thirteen Thousand Thrpe Hu[]dred and 02100ths*.**w Dollars ($ 13.300.00***** ) for Contra Costa County or any city assignee raider the above improvement warranty agreement. B. Payment' Seven Thousand One Hundred Fifty and no/10Qtbs****• Dollm(S T **** )to secure the clairfls to which reference is made in'fitle XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3• CONDITION, A. The Condition of this obligation as to Section(2.A.)above is such that ifthe above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly beep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.8.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid 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 beeorne null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said improvement warrenty agreement or any plan 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. SIGNED ANIS SEALER on August 26,2003 PRINCIPAL: Hofmann Land Development Company SURETY: Libegy Mutual Insurance Company Address: Address: 1 Front street,Ste.870 City: _, Zip: City: San Francisco,CA Zip: 94119 1 By:• B y By Print Narne: _ d r 7-1 Print Name: Deborah gaiter Title: r l� �` Title: Attorney-in-Pact M nw:lap G:\C;rE,vata�EngSvc\PattyEd\2UU2Vane\llisco Bay Warranty AgrMl Ibond.doc MMOO,,. 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 ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNUC-6539 2/03 1274552--- THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the sots of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MIASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual insurance Company {the "Company"}, a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS, MICHAEL G.HOGAN,MATTHEW J.DRUMRIGHT, DEBORAH BAKER,ALL OF THE CITY OF CONCORD, STATE OF CALIFORNIA. .. ............ ........ ........ ..... ................................... ..... ........... ........ ...... . ........ .................................. each individually if there be more than one named, its true and lawful attorney in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,a*y�and all undertakings, bonds, recognisances and other surety obliggations in the penal sum not exceeding FIFTY MILLION AND 001100* DOLLARS($ 50,000.000.00`**°* }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 Xlll-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 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 N p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C iL 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: 15 C 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. O � 0 W That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. LU • 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 O C. Liberty Mutual insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of April !a 2003 •vt LIBERTY MUTUAL INSURANCE COMPANY By ra Garnet W.Elliott,Assistant Secretary y ay"` COMMONWEALTH OF PENNSYLVANIA ss C COUNTY OF MONTGOMERY p t On this 29th day of April 2003 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged 4) 0... 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 G ani 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 •r-Re V first above written. OONW l Co • �:4 h7iFlt tt Sc L N E"" Tu rf er i'.�x i[t N at r PsY t - 000 d OF 'yrr,tL�#P' n .:9:3 c,ciEeeyCs Fdy. ByZ14Z19_9VJlat&u Z O ea ,Notary bcC3 YL4 h0 r CERTIFICATE 1,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 l 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 X111,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. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 29th day of July 2Q04 . Davi M.Carey, lit Secreta ,.__, y Secretary State of California County of Contra Costa On July 29-2004 before me,Randall Y. Cross personally appeared Deborah Baker ZPersonally 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 entity upon upon behalf of which the person(s) acted, executed RAMMU Y.CROSS� the instrument. Comma n# 1464639 Nos' P034C+Caftmia WITNESS m hand.and official seal. Cofft Coach CouA"hty Y Signature's Notary Public ---------------------------------------------------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 Bond Duplicate Original 070000624 for Contra Costa Count Document Date: 08126/Q3 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Silmer's Name: Q Individual Q Individual ❑ Corporate Officer Corporate Officer Title(s): Title(s): El Partner-ElLimited DGeneral ❑ Partner-ElLimited[_]General Z Attorney-in-fact 0 Attorney-in-Fact El Trustee C] Trustee M Guardian or Conservator El Guardian or Conservat©r �. Other: TopofThumbHere El Other : Top of ThumbFiere Signer is Representing: Signer is Representing: Liberty �� CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT %.d-% State of California ) SS. County of Contra Costa On August 3,. 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 DPANTELE's Comm.#1206585 NOTARY PUk1C-0ALffg)#A my Comm,exok"Umh 1,2W Signatures`„" Reference: Security Bond for Improvement Warranty Agreement Date: August 3, 2004 Pages: 2 ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LANG C'Evr=LClPMF-NT 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 resolutlom RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement .agreements, seeh as subdivision agreements, and any dnd all bond agreements. This consent is executed pursuant to section 307,.subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 Kenneth a n, Director a � . Albert T. Shaw, DIDIctor erinon, Director camas A. Whalen, DI Dennis M. Drew, Director Richard L.'"Greene, Director