HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-068 THE BOARDOF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
4 2402 b the following vote:
Adopted this Resolution an May 1 y g
AYES: SUPERVISORS GERBER., UILKEM, DESALUUER, GLOVES AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/ 6 8
SUBJECT: Approve the Subdivision Agreement (Right of Way Landscaping) for Subdivision
8432 being developed by Hofinann Land Development Company,Brentwood area.
district IIT}
The following document was presented for Board approval this date for, Subdivision 8432
located in the Brentwood area, Supervisorial District M.
A subdivision agreement (Right of Way Landscaping) with Hofmann Land Development
Company, developer, whereby said developer agrees to complete all improvements as required in
said subdivision agreement (Right of Way Landscaping) within one year from the date of said
agreement. Improvements generally consist of landscaping,with related irrigation system.
Said document,was accompanied by the following:
Security to guarantee the completion of night of way landscaping as required by Title 8 and 9
of the County Ordinance Code, as follows:
I. Cash Bond
Performance Amount: $1,040.40
Submitted by: Hofinann Land Development Company
Taxpayer I.D.Numbers: (Federal 68-0419482) and(State 02118258)
Auditor's Deposit Permit No, and Date: DP 385380, April 25, 2002.
G:1GrpData\EngSvc\BO\20215-14-02ti.Sub 8432-2 BO.doc
CL:lad:cw.sr I hereby certify that this is a true and correct copy of an action taken
Contact:
riublic works 2937 and entered on the minutes of the Board of Supervisors on the date
Contact. Chris Lau(313-22937
cc: Pubic Works- T.Bell,Construction shown.
D.Edmonds,Special Districts
Current Planning,Community Development s
T—3-14-03 ATTESTED: 2002
Hofmann land Development Co. JOIN SWEETEN,Clerk of the Board of Supervisors and County
Attn:Robert Henry Administrator
1384 Galaxy Way
Concord,CA 94520
St.Paul Fire and Marine Insurance Company
Attn: Kathleen Bryant
One Market Plaza, By +Deputy
Spear St.Tower
San Francisco,CA 94111
RESOLUTION NO.2002168
SUBJECT: Approve the Subdivision Agreement (Right of Way Landscaping) for Subdivision
8432 being developed by Hofmann Land Development Company, Brentwood area.
(District M)
DATE: May 14, 2002
PAGE 2
II. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: SP9458,May 14, 2002
Performance Amount: $22,000.00
Labor&Materials Amount: $11,100.00
Principal: Hofmann Land Development Company
III. Surety Bond hider
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: SP9458,May 14, 2002
Performance Amount: $23,100.00
Labor&Materials Amount: $12,100.00
Principal: Hofmann Land DevelopmentCompany
NOW THEREFORE BE IT RESOLVED that said subdivision agreement (Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/68
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code 566462 and S66463) t
Subdivision: 6q32- Effective Date: r/A^)a y Iq �o b -
Subdivider: 4ct+t'dZwe1qP.we f l Cu. Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARITIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice, SiU-Public Works Director Aloiliig�w4ex ZaKGl PeyeLo/t
By: (signature)
LJt
(print name B title) A i `T' 5 h a,4 ) ,res r cl e,n t-
RECOMMENDED F AL:
By: (signature)
Engineer! ces Dl fon (print name title)
FORM APPROVE Victor J. Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code x313.)
1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "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 pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider 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 5566410 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. IM-PB VEMENT SECURITY. Upon executing this Agreement,the Subdivider shall, pursuant to Government Code S66499,and
the County Ordinance Code, provide as security to the County:
/,000. 0o
A. For Performance and Guarantee: $ cash, plus additional security, in the amount
of$ 2.Z ! 0 93 b . .9 4 which together total one hundred percent(100%)of the estimated cost of the work. Such
additional security is presented in the form of:
Cash, certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after
its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. Forpayment: Security in the amount of which is fifty percent(50%)of the estimated
cost of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
_ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment
or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
I Y
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace, at his expense,
any defects in said work.
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. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants, doing weed, rodent
and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said
plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete.
At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period, said improvement plans prove to be inadequate in
any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district, elective and appointive
boards,commissions,officers,agents, and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below, and including personal injury,death, property damage, inverse condemnation,or any combination of
these,and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any 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 Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
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 any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: if Subdivider 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 Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys, contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors,in the event
the County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even
if Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith, even
if Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete, the subdivision is included
in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or
letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party
beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
mw
GAGrp0a1a\EngSvcTormsVAG WORMAG-30A.doc
Rev.November 19,1998
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California }
) SS.
County of Contra Costa )
On April 19, 2002, before me, Sandra K. Curran, 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 the 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(s), or the entity on behalf of which the persons(s) acted, executed
the instrumerrt.
WITNESS my hand and official seal SANDRA CURRAN
Comm 812961139
NOTARY 098LIC-CA6lMIA V
�+ ontra Costa Y09
Signature ^" MY Comm.CaCost March B,zott�
oon
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Reference: Subdivision Agreement (Right of Way Landscaping)
Subdivision 8432
Date: April 19, 2002
Pages; 1
ACTION BY THE BOARD OF DIRECTORS OF
t-lOt'MANN L ANC?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 fo[Wng actions, to adopt the following resolutloow
RESOLVED, that the corporation authorizes A.T. Shaw to execute, In his
authonized capacity as CEO/President, any and all documents related to the purchase
and sale of neat prop", any and all documents related tolhe approval of tentative and
final subdivision maps, and any and all documents related to land improvement
agreements, such as subdivision agreements, and any anti all bond agreements.
This consent Is executed pursuant to section 307, subdivision (b) of the
California Corporations Code, which authorizers the taking of action of the Board of
Directors by unanimous written consent without a meeting.
Casted: august 1, 2000
Kenneth n, Director
r +
Albert T. Shaw, DI or
ennon, Director
omas A. Whalen, DI
Dennis M. Drew, Director
Richard L. Greene, Director
CERTIFICATION OF SECRETARY
1, Dennis M. Crew, 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 California corporation organized and existing under the laws
of the State of California, and that the above is a true and correct copy of a resolution
duly adopted by the Board of Directors thereof, and that such resolution is now in full
force and effect,
Dennis M. Drew, Secretary
Date:
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM /�
. tore)
ORGANIZATION NUMBER "
logit 6' 1-2c, C">J 9
(For Cash Collection Procedures we County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG, ASUIL TASK PTION ACTIVI'T'Y AMOUNT
/)
F" {`.
z Ma I I J ` / U 0
[�LROT h"
'IO
I
F
J 1
, .
EXPLANATION. -0. ... TOTAL
DEPOSIT +✓ .
Com` Deposit consists of the following items
COIN oncl CURRENCY $ +
CHECKS,Mm,ETC. $ •
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE EtPR'r �l`�
The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
deposit into thal County Tre dsury. acknowledged
Signed:
Dote
1/ Signed: `' Signed: ✓ ')C_ tl w.. ..
Title: . r•[o,A EXT. ] r� Deputy unty Auditdr — Deputy County Treasurer
MA REV.(7-93)
819800-0800: G1092655, $230.00, SUB 8432 Landscape Cash Bond,
Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1092656, $770.00, SUB 8432 Landscape Cash Bond,
Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520
000649-9665 / 831000: 61092661, $1,400.00, Flood Control Permit 613-02
Application Deposit, Meritage Homes of Northern California, 2300 Contra
Costa Blvd., Ste 500, Pleasant Hill, CA 94523
000649-9665 / 831000: G1091904, $100.00, Security Code Deposit, Evans
Surveys, Inc.,.420 Union Ave., Fairfield, CA 94533
Subdivision: S .Z.
Bond No.. . SP9458
Premium; $198.00
IMPRovEmENT SECURITY BOND
FUR PUBLIC RIGHT of WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECrrAt.C)F SUBnrvISTON MEM NT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in Subdivision
3.2. as specified in the Subdivision Agreement Might of Way Landscaping), and
to complete said work within the time specified for completion in the Subdivision Agreement Might of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. t B ,t A r. tax �AAWO.44 Z.crA d Ze we!oE.a+c fA <!o!nEP•z Y ,as Principal,and
ST. PAUL FIRE AND MARINE INSURANCE COMPANY .acorporation organizedexisting under the laws
of the State of Minnesota , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it;
A. Performance and Guarantee: - uo e ' &vo o o s ct r%-t(
Dollars($ oTZ4 00 0- • °° for itself or any city assignee under the above County
Subdivision Agreement,plus
B Payment: 4/eveA --4a 'Sttr-d -
Dollars($ 1! / ° ' 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. COrtMIM:
A. The Condition of this obligation as to Section 2.(AA) above is such that if the above bounded
Principal,his or its 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 is 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.
j
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(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 or labor
thereon of any land,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount.thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
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 condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said.subdivision agreement or any plan or specification of said work agreed to by
the Principal and the County shall relieve any Surety from liability on this bond, and consent is
hereby given to mare such alteration without further notice to or consent by Surety;and the Surety
hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without
regard to and independently of any action against Principal whenever taken.
SIGN-ED AND SE A UD on May 14, 2002
HOFMANN LAND DEVELOPMENT COMPANY ST. PAUL FIRE AND MARINE INSURANCE
PRINCIPAL: SURETY: COMPANY
Address: 1380 Galaxy Way Address: One Market Plap., Spear St. Tower
City: Concord CA Zip- 520 City: SFrAndi sco. CA ip: 94111
ll
By: By:
Print Name: A t T, SHAW Print N e; Kathleen Bryan
Title: ' 1 X17` Title: Attorney-i n-Pact
\\Pwsr\sxARDArA\GrpData\Eng$vc\Fon=\BN WORMBM-12n.aoc
RAV.JU4#47;1$59
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
C' -: t"_;EL .^• M A-,wA;r—n,7------------
State
- G----State of California
ss.
County of Contra Costa
i
it �
Sandra Fredrickson
On 5/14/02 , before me, ,
Data Name and Title of Officer(e.g.,"Jane Doe,Notary Public)
personalty appeared Kathleen Bryant
`s Name{s}of Signer(s)
V personally known to me
❑ proved to me on the basis of satisfactory
evidence
i
to be the personA whose nameiv is/oe
subscribed to the within instrument and
acknowledged to me that t*she/A*y executed
the same in I)Wher/N%ir authorized
capacity(19)4, and that by ft/her/�Wr
signature(�on the instrument the person*, or
U SAl,1[�RA.FREi:RICKSOF�? the entity upon behalf of which the person
COMM.#1287399
' { NOTARY PUBLCC•CALiFORNL4 +) acted, executed the instrument. i
CONTRA 60STA COUNTY 0
i,
COMM EXP.DEC.ig'20Wr WITNESS my hand and o tial seat.
c �
Place Notary Seal Above f Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying on the document
s and could prevent fraudulent removal and reattachment of this form to another document.
t Description of Attached Document
Title or Type of Document:
Document date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ individual Top of thumb mere
❑ Corporate Officer—Title(s):
❑ Partner---Cl Limited ❑General
i ix)(Attorney in Fact
❑ Trustee
i ❑ Guardian or Conservator
❑ Other:
t ST. PAUL FIRE AND MARINE INSURANCE CUMPA Y
l Signer is Representing. '
0 1990 NatWW Notary Association•9350 De Soto Ave.,P.D.Box 2402•Chatsworth,CA 913132402 xww.nationalnotary.oro Prod.No.5907 Reader Cell Toll-Free 1.000.876.8827
. rihe.%paUj POWER OF ATTORNEYSeaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Power of Attorney No. 20396 Certificate No. 1019- 239
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of.the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"),and that the Companies do
hereby make,constitute and appoint
Kathleen Bryant and Jaynes C.Jenkins
Concord California
of the City of State their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakingsireor itted irry actions or proceedings allowed by law.
` 'i
IN WITNESS WHEREOF,the Companies have caused this instrume sirl x sea edr lst December 1999
day of
Seaboard Surety Company ��lk ited States Fidelity and Guaranty Company
St Paul Fire and Marine Ins aL ampey Fidelity and Guaranty Insurance Company
St.Pouf Guardian Insurancttr Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance C
X11 ► * n'rrae.�y`�+� �`J�ratr�:t°n
s 2 i EAL b' d SEALj�' law y977 i JOIN F PHR4NEY,Vice Pmldmt
G1•IkW / 'jB.ANS ` '� itt{Id�'" //v'.
State of Maryland
City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary
On this 1St day of December 1999 , before me, the undersigned officer,personally appeared John F. Phinney and
Thomas E.Iluibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
w ,�_�_''jjvU�
In Witness Whereof,I hereunto set my hand and official seal. pU�ARY
UO
T
My Commission expires the 13th day of July,2002. ell acs REBECCA EASLEY-ONOKALA,Notary Public
86203 Rev.7-2000 Printed in U.S.A.
St.Paul Fire and Marine Insurance Company
St.Paul Guardian Insurance Company
Surety St.Paul.Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Underwriters,Inc.
Fidelity and+Guaranty'Insurance Company
Principal Office: 385 Washington Street
St.Paul,Minnesota 55102
Seaboard Surety Company
INCREASE!DECREASE RIDER principal Office: 5801 smith Avenue
Baltimore,Maryland 21205
To be attached to and become a part of Bond Number SP9458 issued by
ST. PAUL FIRE AND MARINE INSURANCE COMPANY HOFMANN LAND DEVELOPMENT
as Surety,on behalf of
COMPANY
,as Principal,
COUNTY OF CONTRA COSTA
in fever of ,as Obligee.
IT IS HEREBY AGREED that the above mentioned//band is 'ncrease dX*, to the ��gg PERFORMANCE BOND (TWENTY
JJE
UNDR SANNDONOtIUNDR2 ` 00000-$23,1 0,OOAND �t'�1M1F�AND
effecC R / y�) , +7ftfi� ;
PROVIDED,HOWEVER,that the liability of 80FMANN LAND DEVELOPMENT COMPANY
for act or acts occurring prior to the 14th day of May 2002r
23,100.00
shall not exceed$ ,and that its liability for act or acts occurring after said date shall not exceed
$ 23,100,00—.—,but in no event shall the aggregate liability of $23,100.00
on account of any and all act or acts exceed the larger amount.
Signed,sealed and dated. HOFMANN LAND DEVELOPM COMPANY
May 14, 2002 B Y: 6Z c ' (Seal)
ST. YAUL FIRE AND AAK COMPANY
S
At rnin it.t
Accepted: a t hl 41 e'e it Bryant,
85149 Esti.3-2000 Printed in U.S k -
;yC':t°\� d;„r`,�n,('W'�c.�:>'�:v t': ':`r;."Y`, 734;at;«�,v��+�+;�r. .+,.fin ��,�,+zc✓..C`tt':,—^t`'��r✓v"�F.- —.,�f-„• ^".2f:'n��.�i;.�i^;rn.,i„„^c�..;�.
CALOFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California (,
SS.
County of Contra Costa
Ip M l
I
May 14 2002 Sandra Fredrickson �
On Y before me, }
Clete Name and We of Ufrtcsr(e.g.,'Jane Doe,Notary Public°}
personally appeared Kathleen Bryant
Name{&}of signeR:}
11 personally known to me
❑ proved to me on the basis of satisfactory
evidence
Q to be the personwhose name( is/o(e
subscribed to th within instrument and
acknowledged to me that hXshe/t*y executed
*- • ,, ,•. SANDRA FREDRICKSON Z r authorized
{,} COMM.#1287399 the same in /her/t 't
NOTARY PUBLIC•CALIFORNIAD capacity(*), and that by /her/t*r
CONTRA COSTA COUNTY�
COMM.EXP.DEC.16,lousignature) On the instrument the personX�/"
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I
the entity'upon behalf of which the person
acted, executed the instrument. l
WrMESS my hand an fficial seal.
i Place Notary Seal Above Signature of Notary Public
I
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:
i
Document date: -- Number of Wages:
I
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name.
Individual Top of thumb here
❑ Corporate officer---Title(s):
❑ Partner—❑ Limited 0 General
XA Attorney in Fact
Trustee
El Guardian or Conservator
I•
Other:
ST. PAUL FIRE AND MARINE. INSURANCE COMPA Y
I, Signer Is Representing:
I
a i go Nedonai Notary Anod 0dn•9350 De Soto Ave.,P.D.Boz 2402•CfxMwaM4 CA 913132402•www.natiorWnmty org Prod No.5907 Reorder.Call Toil-Ree 1-M-$76.6227
7herstpaul
Seaboard Surety Company POWER OFATTORNEY
United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Pawl Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters71nc.
St.Paul Mercury Insurance Company
Power of Attorney No. 20396 Certificate No. 126060 /�
KNOW ALL MEN BY THESE PRESEN"T"S:That Seaboard Surety Company is a corporation duly organized under the laws of t�th�+e"SState of New York,and that
St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the taws of the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do
hereby make,constitute and appoint
Kathleen Bryant and James C.Jenkins
of the City of_ Concord ,State California their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this iSt day of December1999
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
MYP
'k FTPN# " ..T(/P�pittbtNir`.tt , � n tt NMtt3 JOHN F PHINIVEY,Vice President
N 11327 � *► .,[f�ssn,,�p Y�`;,sarftF �� 1961
�'orp�i� �• '.�A�Y� {'X'•� AtN 1�
1 •lY
State of Maryland
City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary
On this l st -day of December 1999 before me,the undersigned officer,personally appeared John F.Phinney and
Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
,qr '� -t�^ &,
w
In Witness Whereof,I hereunto set my hand and official seal. � p�r�tiY�
r
My Commission expires the 13th day of July,2002. REBECCA EASLEY-ONOKALA,Notary Public
�cttx
8624 Rev.7-20CIty Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopter]by the Boards of Directors of Seaboard Surety Company,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
the seal of the Companyr juay be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes
only of executing and wresting bonds and'undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached;and
RESOLVED FURTHER,that Attorneys)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,
St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOFI hereunto set my hand this_ 14th day of May 2002
41<M fir tptyy � .
�* ,seasuxz trios 197'7 195#
°''' # i`'�':aK'' `' ,►t►" �Thomas E.Huibregtse,Assistant Secretary
To verify the authenticity of this.Power of Attorney,call 1-800421.3880 and ask for the Power of Att"ey clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details of the band to which the power is attached'