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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-067 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 12, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 67 SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 6610 and Road Improvement Agreement, Sandmound Boulevard (RA 1126) Bethel Island area (District V). The following documents were presented for Board approval this date: I. A substitute subdivision agreement with Rock Island Homes, Inc., subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement; Said document was accompanied by security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash Band Performance Amount: $1,500.00 Auditor's Deposit Permit No. DP 379952 Date: January 10, 2002 Submitted by: Rock Island Homes, Inc. Taxpayer identification number: 33-0972708 B. Surety Bond Bond Company: Gulf Insurance Company Bond Number and Date: BE2638208, December 17, 2001 Performance Amount: $152,500.00 Labor&Materials Amount: $77,000.00 Principal: Rock Island Homes, Inc. G:1GrpDatr\EngSvc1Bd1200212-12-02WB 6616 BO-24.doc I hereby certify that this is a true and correct copy sof an action originator: Public Works(ES) ]�taken and entered on the minutes of the Board of Supervisors Origin Contact: Joseph DiMaggio(313-2345) on the date shown. cc: Public works Accounting Construction Dennis.V.Menke Rock Island Homes,Inc. 695!'own center Drive,Ste.410 ATTESTED:_ Febr[sary:12 2002 Costa Mesa,CA 92626 s Daniel G.Shumovieh JOHN SWEETEN, Clerk of the Board of Supervisors and Valencia National Batik County Administrator 23620 Lyons Avenue 4,� Santa Clarita,CA 91321 Natalie Caicedo Gulf Insurance Company By_ ,+� 5/fTi ,Deputy 110 West"A"Street,Ste.1805 San Diego,CA 92101 RESOLUTION NO.2002/ 67 SUBJECT: Approval of a Substitute Subdivision Agreement, Subdivision 6610 and Road Improvement Agreement, Sandmound Boulevard (RA 1126) Bethel Island area (District V). MATE: February 12, 2002 - PAGE: 2 II. A road improvement agreement with Rock Island Homes, Inc., principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the date of said agreement.Improvements generally consist of construction of a paved road extension of Sandmound Boulevard to the Subdivision 6610 site. Said document was accompanied by security to guarantee the completion of road improvements,as required by Title 9 of the County Ordinance Code, as follows: A. Cash Bond Performance Amount: $2,200.00 Auditor's Deposit Permit No. DP 379952 Date: January 10, 2002 Submitted by: Rock Island Homes, Inc. Taxpayer identification number: 33-0972708 C. Surety Bond Bond Company: Gulf Insurance Company Bond Number and Date: BE2638209,December 17, 2001 Performance Amount: $217,800.00 Labor&Materials Amount: $110,000.00 Principal: Rock Island Homes, Inc. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said substitute subdivision agreement is APPROVED. 2. That said road improvement agreement is also APPROVED. 3. That the subdivision agreement with Rock Island Marina, L.P., as approved by the Board on May 11, 1999, is TERMINATED,the improvement Letter of Credit with Valencia National Bank is EXONERATED and the Public Works Director is AU'T'HORIZED to refund the cash deposit (Auditor's Deposit Permit No. 314704, dated June 3, 1998) in the amount $3,700.00, plus interest in accordance with Government Code Section 53079,if appropriate,to Dennis V.Menke trust account (taxpayer's identification number: 33-0712005). All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/67 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: 6610 Principal:Rock I s 1 an d Homes , Inc. Effective Date: - — Completion Period: i year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO- COMMA CQSTA C'C 1NJY l�,�CII'AL Maurice M.Shiu,Public Works Director By: tsi ,+el (P`intnarm& '°)�homas E. Johnston, President RLQQMMEND v By: (SiQnetwe) 13n ' rvices Division t`""'" 11111 Dennis V. Menke, trice President and Stcr�t�r�� FORM APPRO D: Victor J.Westrnan,County Counsel (NOTE: All signatures to ac owe d. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES i D 4 IE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon 'and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). ~ Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTSECUpon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A: For Performance and Guarantee' $1 Jnrr cash,plus additional security,in the amount:$ 252,S 00• ~�—. which together total one hundred percent(100%)of the esfimated'cost of the work. Such additional security is presented in the farm of: Cash,certified check or cashiers check. _ Acceptable corporate surety bond. _ Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pa trient: Security in the amount:$�( D w _ ,which is fifty percent(50°1o)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,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. 4 ' 4. QUAILANTEE AND WARRANTY OF WORD. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NQWAIVERBY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The inderrmities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless ofwhether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing 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 Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement 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 Principal,who shall fulfill all the temis of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RLJDAad G:\GrpData\Eng5vc\Fo=n AG WORMAG-30.doc Rev. October 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of 6 CAPACITY CLAIMED BY SIGNER On ��7 ore rr1e, 6� �` � Though statute dose not require the Notary to fill In DA NTTTLE OFOFFI G.,"JANE D?E,NOT Y F ELIC the data below,doing so may prove invaluable to personally appearedw� -1`T� "y 1 persona relying on the document. NAMS(S)OF SIGNIWS) ❑ DIVIDUAL ❑ personally known to nx-OR roved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) ,J ` be the person(s)whose name(s)j.&/are TITLES) subscribed to the within instrument and owledged to me th they executed 0 PARTNER(S) ❑ LIMITED .IOSEF+1i MY VEIN VO t same in 1'. 'oerl 1r autha ed ( ) © GENERAL ♦wOtiNTlig>iltNi IiI 1298750 c ,it, ity{les),and at by I+tx4ler heir ❑ ATTORNEY-iN FACT Notary P%6w-Wfor sia s' ature(s)on a nstrument th pe on(s)or ❑ TRUSTEE(S) orwop�:Of;Ntty t entity S, be if of which th on(s) . irp S.9006 a ed,exec d th instrument. ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ES -my ha AOTARV s , SIGNER IS REPRESENTING: {NAME OF PERSON(S)OR ENTITY(IES)i _MrjNATURE OF OPTIONAL SECTION FTIHE CATE MUST BE ATTACHED Title or Type of Docutrlent �14+�St (fl MENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR,ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name mustJae signed exactly as it is typed or printed. II. SIGNA`IPL3R1✓5 FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. in. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign or an� he partnership. IV. _SIGNATi�R.E�S F9R CORPORATIONS oc15 uments should signe3y�fficers,one from each of the following two groups: GROUP 1. Ha* The Chair of the Board �J The President Any Vice-President GROUP 2. a The Secretary An Assistant Secretary C1The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. X mw \WIS4LSHARDATA1GrpDea\Wvc\Fonm\WORD FORWALL PURPOSE NOTARY.doc Rev.August 1,2001 ROAD IMPROVEMENT A .REEMFNT Developer: _Rock 7 land_ Homes, Tnc_ Effective Date: Development: . RA 112 b Completion Period: 1 year Road: Sandmalind Rl yd THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director 1 By: ws--Une} RV (print—&title) Thomas ohnAton, Preside RECOMM E D y: {sigttsaae} P tering Services Division (prim resins dt.title) Dennis V. Menke, Vice President PPRQYfQ: Victor J.Westman,County Counsel and -Secretary (NOTE: All signatures to be acknowledged, 1f Subdivider is 4r*rpomted,signatures must conform with the designated representative groups pursuant to Corporations Code 5313) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County."and the above-mentioned Dev l2Rer,mutually promise and agree as follows concerning this development: 2. Q9_ROVEMENTS. 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. IMPROVEMM SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $2 .2 n 0. —� cash,plus additional security,in the amount of S91 which together total one hundred percent(10&/o)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$11 j) (�9 - which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persona 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 S944.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANT'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 Cade. 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 detennined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IhRRO1MENT 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 liabiliges 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. QTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. N(&Pl?RFOR1\tMCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATIONJANNEKATION. 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 fit:\GrpData\EngSvc\Forms\AG WORMAG-24.doc - Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of %i trs, t� �t OPTIONAL SECTION County f �C+ CAPACITY CLAIMED BY SIGNER On 1 V 1 ,before , �- �` o `� Though statute does not require the No g q tart'to fill in DAT N ,TTri.E OF OFFICER (#. "IAN t7OE, T PUB C" '.� the data below,doing so may prove invaluable to personally appeared to ?s ++N� i t'7, "� persons relying on the document. X- proved NAME(S)o SIGNER(s) ❑ INDIVIDUAL 0 personally known to mem OR to me on the basis of satisfactory evidence to .1XCORPORATE OFFICER(S) be the person(s)whose name(s).Ware subscribed to the within' t and TITLE(S) wiedged to rrle t they executed ❑ PARTNER(S) ❑ LIMITED JOSEPH MY VAN VO the s in bie�k+er/ Fir suthori d 0 GENERAL eapa "ty(ies),and at by his/her heir CotTtmiffialcn rl►1289730 0 ATTORNEY-IN-FACT sign rc(s)on a'nstrument th on(s)or NOtiit<y Public-California the a °ty upo a If of which t p on(s) ® TRUSTEE(S) Orange County ac execu th instrument. ❑ GUARDIAN/CONSERVATOR Comm, Apt 5.2=1 0 OTHER: ESS my h I and kdo �0, cial s SIGNER I5 REPRESENTINGc(NAME OF PERSON(S)OR MgTM( )I IGNATURE OF MTARV OPTIONAL SECTION �y �j THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document ��L' j 1L4: RA ��G, TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form 1NSTRUUC;TIONS T®NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL 5_I_GNATURES -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. S_ IGNATCARES 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. SLC&ATIJRES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e authority sign for and bind t�t1 a partnership. TV. SIGNATURES FOR CO ORATIONS Documents should e signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board ({b))The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer I 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 authorizin$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 onl one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the wit�n instrument pursuant to its by-laws or a resolution of its Board of Directors." ic:MW 1\PWS4%HA ATAXhpDaa\Eag.Svc\Fo=\WORD FORMSIALL PURPOSE NOTARY.doc Rev.August 1,2001 Subdivision: 8810 Bond No.: BE2638208 Premium: $2,745.00/2 Year Term IMPROVEMENT SECURITY BAND FOR SIIgI)IVISIoN AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499-66499.10) 1. RzcrrAL OF SUBDy SIGN AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision—_6610 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. oBLIGAnON: Rock Island Homes, Inc. as papal and Gulf Insurance Company a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: one hundred fifty two thousand five hundred 00/100*** Dollars($ 152,500.00 )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Seventy seven thousand 00/100*** Dollars ($ 77,000.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CMD133911• A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perforin 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 nasignevj 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.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 Yuen 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 Insuiance 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 them 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 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 itselfbound without regard to and independently of any action against the principal whenever taken. SIGNED A &UD on December 17, 2001 FRjxC[pAL: flock Island Homes, Inc SURETY: Gulf Insurance Company Address: 695 Town Center Drive Suite 410 Address: 110 West"A" Street Suite 1805 City: Costa Mesa CA Zine,t 92626 City: Son Diego-C8, zip: 92101 �r By: By: Print Name: Dennis V. Menke Printf e. t Title: Vice President and Secretart, Title: Attomey-in-Fact By: Print Name:Thomas B. Johnston J , Title: President G.NGrpnoftw.gs ""N WORMN-12.40c R*V.Novarba 21,2M STATE OF California - SS. COUNTY OF Orange On December 17, 2001 ,before me. Lysartdra Oliver PERSONALLY APPEARED Natalie Caicedo Y personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ i �.a.rr.. R her/their authorized capacity(ies), and that by his/her/ «r LYSANDFtII GLIVER Commission�1324418 X their signature(s) on the instrument the person(s), or the Public CaltCty entity upon behalf of which the person(s) acted, executed ..+t ANyCxder County "= t CT�,2W the instrument. WITNESS my hand and official seal. Signature '-_ This area for Official Notarial Seat OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT vm EtSt ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X9k ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S)OR EWMf(tES) Gulf Insurance Coop_riy SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KIN'OyV ALL MELT BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its pnnclwai office in the city of Irving,Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 10!'r ;fay of August, 1993,to wit: "RESOLVED.that the President,Executive Vice President or any Senior Vice President of the Company shall have authority to make execute and deliver a Powe-of Attorney consuta� g ney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be'emoved and the au.hority grant- ed him ra okeo by the President,or any Executive Vice president, or any Senior Vice President, or by the Board of Drectors or by the Finance and Executive Committee of the Bari;of Directors. RES01-VED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy Cr po'icies of insurance on behalf of Gulf Insurance Company, RESO!UvD, that the signature of the President, Executive Vice President or any Senior Vice President,and the Sea! of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certifies by facsimile signature and facsimi!e sea! steal!be valid and binding upon the C3mpany fn the future with respect to any bond and documents relating to such bonds to which they are atfached." Gulf insurance Company does hereby make,constitute and appoint KEITH E. SANDROCK, SR. PATRICIA J. SANDROCK LYSANDRA OLIVER NATALIE CAICEDO its true and lawful attorneys)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gu!f Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and doccmeijt� P,ating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-fact, pu suaa}Tc,r�e authority herein given,are hereby ratified and confirmed. The obiigation of the Company shall not exceed five,million(5,000,000)dollars. 44 WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto afiixedi. \� ANCC C GULF INSURANCE COMPANY �� �o�Po�x SEAL ` STATE OF NEW YORK c P. COUNTY OF NEW YORK SS ° ecY'°� Lawrence P. Miniter Executive Vice President On this ist day of October,A.D.2001,before me came Lawrence P.Miniter,known to me personally who being by me duly sworn,did depose and say:that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. J \ '41D OTA tn ar David Jaffa ST,AT17 OF NEW YORK7 UBL'G Notary Public, State of New York COUNTY OF NEW YORK � SS �OP N0� No. 02JA4958634 Qualified in Kings County Commission Expires December 30,2001 1,the undersigned,Senior Vice President of the Guif Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF A7TORNEY remains in full force. Sinned and Su�Aed at the City of New York. �aANce e Dated the da 20 aPPON a�'o 17TH Y O DECEMBER Al SEAL CTebi'ge B!aT'C?"d! Senior gree President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CA OPTIONAL SECTION County S g CAPACITY CLAIMED BY SIGNER On a me, Though statute does not require the Notary to fill in AME,TITh of OFF1 c.,~JANE E,NOT�(A"RY PUBLIC" the data below,doing so may prove invaluable to 2 a aced a J Y 1 i y t 4 ohft 7{�y_7S�tt persons relying on the document. y ppe NAMES)OF SIONER(S) 0 INDIVIDUAL 0 personally known to me-OR proved to me on the basis of satisfactory evidence toCORPORATE OFFICER(S) be the person(s)whose name(s)asfare TITLE(S) subscribed to the within instrument and acknowledged to me that they executed 0 PARTNER(S) 0 LIMITED the same ini?isAlert au rued 0 GENERAL ,iCi$ PH MY VAN VO [ apacity(iAandt by /t�ieir 0 ATTORNEY-IN-FACT CicnWfft*1W#1#9$733 lgnaturenstrumen the erson(s)or 0 TRUSTEES) Nobloy Pubil0-Caiitarm pli he entityaIf of whic t persons) 0 GUARDIANJCONSERVATOR Ono" Y cted,exinstrumen 0 OTHER: WITNES and o Ici sea SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE OFIAA OPTIONAL SECTION _ { 'PHIS CERTIFICATE MUST BE ATTACHED Title or Type of Document � U � �✓ 31 Lo +✓ TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TQ NQTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR,ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be Signed exactly as it is typed or printed. H. SS—M&I SFRIVIDUAIrS-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 rARTHEHIPS - Sigming party must be either a general partner or be authorized in writing to have the authority to sign for atu dine partnership. IV. SIMA 't�TR.ES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP I. {a}The Chair of the Board ((b))The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial CSfficer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question Is required,A currently valid power of attorney,notarized,will suffice. Notarization of only one,corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC MW trFwsa\SRARDATA rmuWa&svc\Pomtinwo FORIKs AL1,PURPOSE NOTARY.doc It".Augamt 1,2001 COUNTY OF CONTRA COSTA ` DEPOSIT PERMIT /"► _ . C}F14CE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM � •� ORGANIZATION NUMBER (Fear Cash Collection Procedures see County Administrator's Bulletin 103.) DESCRIPTION FUND/ORG. ACCT TASK TION ACTNITY AMOUNT C���" illa� 45.'S :00 41 lii lr4 6 P, 0) 131 SAS, qggsAs 50,100 ! ;rl� �I lt� ?66 Rid AL -1grV 1,iv 3 1,1 C,,6W'56 A(Ao i Nail' - 0)4 r4lsd • ��v 7�"�v 9075 LB V 91 ; 1 OeL) e6J 11).5 LO)717 1it I It 00,1,7550 -ad 01-1- 1 7t. �'r5'8 �, '1 Igo �XPLANATKON. t et Q 0,:5 .' G 1 C 6*o 9104V® C-7 /0(o 0 ! 11. TOTAL $ ✓; Add7': t DEPOSIT L l� L S; (y }( 01( 'U -- 7 1 i '!0 u tf ; Deposit consists of the fioNowing i� � "C09gpd,CURR! ' rv`BANK'DEPC55fT5 , FOR AUDITOR-CONTROLLER USE ONLY Io:6 5 "v q 4.3 r/O 8 d) V 16 .j 9c'4,4,5-.3 DEPOSIT PERMIT } NUMBERDATE }} ►�j ASSIGNEb '� +� The amount of money described abcma is for Treosurer's receipt of above amount is approved. Receipt of above®mount is here deposit into the County Treasury acknowledged i StS.a Gs"Ls 3. DateSigned: t7 14 L a fid. rr �rJ Titk' `+ P-'f '(X_ EXT. 3,;3,24 Delw ounty i 7ry4asurer 34 REV.(7-43) Z. COUNTY OF CONTRA COSTA ` DEPOSIT PERMIT o-6 AA OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER w MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMLIER iia.. - (For Cosh Collection Procedures sea County Administrator's Bulletin 145.) DESCRIPTION FUND,/ORG ACCT TASK TION ACTMTY AMOUNT $ t t tact 00b ' t 7 1.X re SL4 I t t t t t t EXPLANATION: TOTAL $ t DEPOSIT Deposit consists of the follomAng items CONN and CURRENCY $ CHECKS,M.C4'ETC, $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE OMY DEPOSIT PERMIT Dti .: l' l P' ? NUMBERDATE j ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. } ockrowkA*pd. SiRned Data # Signed, r t. sigrwd Title. } EX7 's r Deputy Opurity Auditor Deputy County Treasurer r 34 REV.(7-93) )t t !.,- �f,✓ r - L r r s*sem+' 1✓ I d .!✓ :RIG Z. 819800-0800: 61090483, $1,500.00, SUB 6610, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 819800-0800: 01090488, $?,200.00, RA1126, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 819800-0800: +91090489, $2,800.00, SUB 8372, Rock Island Homes Inc, 695 Town Center br Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 61090486, $4,148.77. SUB 6610, Inspection Deposit, Review, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 01090487, $1,500.00, SUB 6610, Improvement Plan Review, Review, Rock Island Homes Inc, 695 Town Center Dr Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 01090493, $1,500.00, SUB 8372, Map Check Fee, Rock Island Homes Inc, 695 Town Center Or .Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 010904950 $16,190.00, SUB 8372, Inspection Deposit, Rock Island Homes Inc, 695 Town Center Dr Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 01090497, $1,500.00, SUB 8372, Improvement Plan Review, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 Bond No.: BE2638209 Development: RA 1126 Premium: $3,920.00/2 year term IMPROVEMENT SES BUND FOR ROAD IMPROVEMENT AGREEMENT (Performance,Guarantee, and Payment) (California Government Code §§ 66499-66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on,or along to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Rock island Hames, Inc. as Principal and Gulf Insurance Company . a corporation organized under the laws of the State of Connecticut and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: two hundred seventeen thousand eight hundred 00/100*** Dollars($ 217,800.00 )for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: one hundred ten thousand 00/100*** Dollars($ 110 0, 00.QO ) to secure the claims to which reference is made in Title 16 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs, executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee, its officers,agents and employees, as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.13.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attomey's fees,incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082 of Part 4 of Division 3)of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without fi ther notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALER: The undersigned executed this document on December 17, 2001 PRINCIPAL: Rock Island Homes, Inc. SURETY: Gulf Insurance Company Address: 695 Town Center Drive Suite 410 Address: 110 West"A"Street Suite 1805 City: Costa Mer CA 9 626 City: I $an Diew CA 92101 $y: By: Print Name: Dennis V. Menke Print e: 1i atc do Title: Vice President and SeqreWy Title: Attorney-in-Fact By: Print Name: homas . J hnston 'title: Presi eni ltpgi��A�D�9s1�ogSvclFcxmr\HPt WORD181V-9.d�c STATE OF Ca?YIornia _ COUNTYOF ®ran9e On December 17' ,before me, 2001 Lysandra Oliver - - PERSONALLY APPEARED Natalie Caicedo personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ ILYSANDRA QLt EVA her/their authorized capacity(ies), and that by his/her/ y Commission#1324418 their signature(s) on the instrument the person(s), or the +¢ wy t -California w entity upon behalf of which the person(s) acted, executed Cti County r fuly Canton Eat OCT li 2006 the instrumento WITNESS my hand and official seal. Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TfTLE(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X,tk ATTORNEY-IN-T=ACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER; DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(JeS) Gulf Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE ID--081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal offi-e in the city of Irving,Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the ITh day of August,1993,to wit. °RESOLVED,that the President,Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,suc,persons,firms,or corporations as may be selected from time to time,and any such Attorney-in-Fact may be removed and the authority grant- ed him revoked by tate President,or any Executive Vice President,or any Senior Vice President,or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOUvTD,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and bin-ding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint KEITH E. SANDROCK, SR. PATRICIA J. SANDROCK L"YSANDIRA OLIVER NATALIE CAICEDO Its true and lawful attorneys)-in-fact,with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf,as surety, any and all bonds and undertakings of suretyship, and to bind Gulf insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obi?gation of the Company shat;not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. S�AaHce GULF INSURANCE COMPANY �� o6�Ppr cab 'S . L STATE OF NEW YORK SS 0. Lawrence COUNTY OF NEW YORK Lawvrence P. Miniter Executive'Vice President On this tst day of October,A.D.2001,before me came Lawrence P.Miniter,known to me personally who being by me duly sworn,did depose and say:that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. P C>IOTA 0 David Jaffa STATE OF NEW YORK 7 AZ+BL) 0 Notary Public.State of New York No.02JA4958634 COUNTY OF NEW YORK SS OF N Qualified in Kings County Commission Expires December 30,2001 i,the undersigned,Senior Vice President of the Gni#Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Si ailed and Sealed at the City of New York. �ti, Vk''"cs eo Dated the 17TH day OfDECEMBER 20 01 � c9�yP°t egr al`s , Sl.:i�L t wcHc�lf" ' 4 iNEGIN G George Biancardi Senior Vice President CALIFORNIA AEE-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION Cou*DA f" � CAPACITY CLAIMED BY SIGNER On ,before me, Fti� V` t7 Q, a e _ Though statute does not require the Notary to fill in NAME,TITLE OFOFFIC .G., ANE DO ,NOTARY ELIC` the data below,doing so may prove invaluable to personally appeared $l�c{3 persons relying on the document. NAMES)OFSIGNER(S) ❑JNDIVIDUAL 0 personally known to me-ORX- P mved to me on the basis of satisfactory evidence to CORPORATE OFFICERS) be the person(s)whose name(s)Ware TITLE(S) bed to the within instrument and JOSEPH MY VAN VO ac owledged to t hefshefthey executed ❑ PARTNER(S) ❑ LIMITED Commission#F 1295730 th me in their uthorized ❑ GENERAL S ca i )res, that b their 8t NO"PubliC-California� � ❑ ATTORNEY-IN-FACT si ture(s) th ins tru the person(s)or Orange County th tity a on b If of hi It the perso s) 0 TRUSTEE(S) My.Comm.Expires Apr 8,pct ,ex uted instru ❑ GUARDIAN/CONSERVATOR 1 0 OTHER: WITNESS my an o ial I, SIGNER IS REPRESENTING: (NAMES OF PERSON(S)OR ENTITY(IESS)i SIGNATURE OF NOTARY OPTIONAL SECTION �} THIS CERTIFICATE MUST HE ATTACHED Title or Type of Document L.-d TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form it INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGN The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed as it is typed or printed. II. SItAT=FCR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. -M. SIG A FOR ARTNER.SHIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign for and binde partnership. IV. SIC;�SOR CORPORATIONS Documents Should be Signed by two officers,one from each of the following two groups: GROUP 1. Nahair of the Board ((b The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." rc:MW 1\PWS4\SHARDATA10tpDtla vc\FormsiWORDFORMSIALLPURPOSENOTARY.doc Rec August 1,2001