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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-227 n THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on.April 16,2002,by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO,20412/ 2 2 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8433,being developed by Hofmann Land Development Company,Brentwood area(District M). The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 8433, property located in the Brentwood area, Supervisorial District III, said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Hofmann Land Development Company, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors OrWaxtur:Public Works MS) on the date shown. Contact Chris Lau(313-2293) 0.\ftDatt\&Ovcla4N2002\-16021StM 9433 BO.21.doe CL$ad:ew cer Public Works-IL Bruno,Construction April 16 2002 Curr�entr�&ConxnunityDevelopment ATTESTER: s 2-16-02 Hoi3rYnn Land Development cornpanY JOHN SWEETEN,Clerk of the Board of Supervisors and Atm: Robe"Henry County Administrator 1330 Galaxy Way Concord,CA 94520 The Anwrimw Insunince Conway Atm: Kathleen Drysar one Market Tower,Spear`St Tower By , -- Deputy Rancisco,CA 94111 RESOLU MN NO.2002/__L2 7 SUBJECT: Approval of the Final Map and Subdivision.Agreement for Subdivision 8433, being developed by Hofmann Land Development Company,Brentwood area (District RD. DATE: April 16,2002 PAGE 2 A. Cash Band Performance amount: $3,900.00 Auditor's Deposit Permit No. 378659 Date: December 12, 2001 Submitted by: Hofmann Land Development Company Tax ID Number: 68-0419482(Federal) and 02118258 (State) B. Surety Bond Bond Company: The American Insurance Company Bond Dumber: 11133612025 Date: January 15, 2002 Performance Amount: $388,000.00 Labor&Materials Amount: $195,950.00 Principal: Hofinann Land Development Company M. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lien has been paid in full and the 20022003 tax lien,which became a lien on the first day of January 2002, is estimated to be $30,900.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: St. Paul Fire and Marine Insurance Company Bond Dumber: SP9442 Date: April 16, 2002 Amount: $30,900.00 Principal: Hofinann Land Development Company NOW,THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said. subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/227 V SUBDIVISION AGREEMENT (Government Code 566462 and 566463) Subdivision: � � i� �k ��©1" 1 Subdivider: A/0AX9709" Dyye lopowe r i Co, Effective Date: `�4 to t jd Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDELan of 7>evel.*,pmen-t` Com, Maurice M.Shiu,Public Works Director r By:RE EMDED�FQPAPPROVAL {Print name l4 tisk) ° T, 5Acv t 1 Pr e l r`G:e l t+ AA B &.4— Rcts"bivision {Signature} ngineermg (Print name$tide) FORM APP OVED: 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 5313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun ",and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping, and such other improvements(including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department 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 SS66410 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. 1PROVEMENT SEO=. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and the County Ordinance Code,provide as security to the County: A. Foerl'ormance and Guarantee: $ 39�0 "'P cash,plus additional security,in the amount of S ` d© . r� 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. For Payment: Security in the amount of$ / 9 fe 9 570, a o .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.Upon acceptance of the work as complete by the Hoard of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with 594-4.406 and 5944.40$of the Ordinance Code. CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On December 13, 2001, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal D. pANreLes Lm Comm.x 129$686 NOTARY PUBLIC-CALIFORNIA V! Contra Coats Ceunq Y Comm.Expires Llarch 9,2008 Signature Reference: Subdivision Agreement for Lakeshore 7 (Subdivision 3433) Date: December 13, 2001 Pages: 1 CERTIFICATION OF SECRETARY 1, Dennis M. Drew, do hereby certify that I am duly elected and qualified Secretary and the keeper of the records and corporate seal of Hofmann Land Development Company, a 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: Y� �` ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT"WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, Individually and collectively consent, by this writing, to take the following actions, to adapt the fallowing resolution: RESOLVED, that the corporation authorizes A.T. Shaw to execute, In his authorized capacity as CECT/President, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Carie, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 Kenneth a n, Director 14/.IL4 J Albert T. Shaw, Df or ennon, Director Z as A. Whalen, Dennis M. Drew, Director Richard L. Greene, Director COUNTY OF CONTRA COSTA DEPOSIT PERMIT �.----«� OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM l i r[e t r" g G✓ !>, r cry' "r C 5 y ORGANIZATION NUMBER ' (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT rte:`,`'/! ,�. JV•i/` �JC.� "�7 .�s.- i..y'"yy?l.+l !✓ l -/ y'I�'d�f,..).+"�a $ ,.+'ter I„s'y is .!'.'r�4.G.'Via• t',/' `k` .�t.4,::''.'�.•.7CJ d :.i5•r�l7 ' .''I 1 " r .f ri:P •,i ,r 1e-�.f ' t7 1tc ,,�G,�/ '�.•`afr'�''-s .� —�.��',s ;" r'a'y �r�;"�:s f',�� 5✓,?�r'�,}��'' " y �c� !*t d J Ca T y � rY`✓ ., Tc:' 2 s r7':sill c� t r �_'t- t t i_t t t t r .(' t r t r'"�'• r E r t r t r r. ��'y tttt I `✓V 1 t r r r r t t t t r r t t t t r r r t t t -r t t r r t r r r t t r r t t t r r r r t r r r r r I 1 I I i 1 EXPLANATION: TOTAL $ t jeFw� NDEPOSIT Deposit consists of the Mowing items COIN and CURRENCY $ CHECKS,kO ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER. DATE 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 Co ty Treasury. 1 acknowledged. 14 Date Titre t i . J/'% EXT Signed: �p Signed: Deputy County A for Deputyqpunty Treasurer j-34REV.(x"-93) IS �/ r'!� ,,�+'"c r�G."'�: ��"�'r�,�' ,� cV.+t 6+is a�.-tl�',i�•y'/�` '��.'� ',+�C.S�,s- ::*d". ev C'� �.�'�,� c�-t7►=r,, �'':G'�.� .�,�'..�c� �`�'t�QCs �.�'-�{�'G9,�s�'�'�,�i; `�7".c .�.� ,�'`�`� l',r'��d -r�r�.�.:��=�'.�'"/dr°�/ �°%',5'..�`r1 c� ,�" ,✓�",,y-° Y i.,�.3�7.3��'+',w Subdivision: 6 /3 3 Bond No.: 11133612025 Premium. $3,492.00 IMPROVEMENT SEcuRiTY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 -66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8'Y3 . as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: &P AM aA,► I—a n d Develop t L Co,je a n y as principal and THE AMER YCAN INSURANCE COMPANY , a corporation organized and existing under the laws of the State of Nebraska and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: 7Aret tae xi'70CI v s ct not Dollars($ g,� ` , " ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Gait¢ funarret •'•tyi`✓et, rct , / „q e A 6���-ed :` ' r_Dollars ($ / 9' SJ ?S t7. S-0 )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. !QONDEMN: 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 hue 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.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee) shall relieve the surety fi-om liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. STGNED AND SEALED on January 15, 2002. HOFMANN LAND DEVELOPMENT COMPANY THE AMERICAN INSURANCE COMPANY PRINCIPAL: SURETY: Address: 1380 Galaxy WayAddress: One Market Tower, Spear St. Tower City: Concord, CA z. 94520 City. Sa, Franc , CA k: Z9 4111 By: By: O th een Bryant, Print Name: A , Tf H rx l Print Dame: Title: Rk ES /P4EalZ Title: Attorney-in-Fact Ii3:mw:laQ G-AGMD8 tWA9SVCWwm"N WORDWN-12mdoc Rev.Nwmnbw 28.2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa. On January 15, 2002 before me, Sandra Fredrickson, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and o Icial seal WISANDRA FREDRICKSSON f / OMM.#i2873"RY PU".CAUFORFIIA TRA COSTA COUNTY A M.EXP.DEC.16,2W4:' Irw!■riRrw■rrrRrr!■rrwrrrwwRr!lriwri■rl■rrRrrwiirr■RrrRiRrlRrrlRRlwlwrwrlRrr OPTIONAL IrR!lriwrRrlrrRliririRiwr■Rrw■RliiiRr rRrrlrrl RRR!!!ww■twit■RRRr!liwi Rrrlir!! Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent,frf audulent reattachment to this form. CAPACITY CLAIMED BY SIGNER~ Attorney-in-Fact SIGNER IS REPRESENTING; THE AMERICAN INSURANCE COMPANY FIREMAN'S FUND INSURANCE COMPANY YATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein oollectively called '"the Companies")docs each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Attorney(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,rccognizances or other written obligations in the nature thereof ------ _. ..--------—_—,,,,,,,,_--- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and oonfirming all that the said Anorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY OORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board,of Directors of FIREMAN'S FUND INSURANCE COMPANY.NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly ailed and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and,Resident Assistant Secretary of the Companies,and the seal of the Companies may be axed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seas shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Via-President, and their corporate.seals to be hereunto affixed this day of Sept _mb r q+•c\.Irate `�} N�s Rp `�c;e4rr .+ FIREMAN'S FUND INSURANCE COMPANY .�.•','t�,'+.`. t r do ax NATIONAL SURETY CORPORATION • t • • `i-��-� THEAMERICAN INSURANCE COMPANY s�rxsro }. g car tt:A L. ASSOCIATED INDEMNrrYCORPORATION 3 AMERICAN AUTOMOBILE INSURANCE COMPANY j,,. ,[�y 'yam+. ,+• ♦'• �G 4� $f 4�' L •�.. S7 , ��'t:a GVH' 'i�MCE CO'► dY,f ,�i1. By r STATE OF CALIFORNIA YiC +as6tent COUNT Y OF MARIN On this day of_Scant Ys ,before mea personally came M.A.Mallonee to me known,who,being by me duly swots, aid say.Thai he ice- of oompany,described In and which executed instrument;that he knows the seals of the said., Conipanies;that the sats afThxed to the said Instrument ate such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WI[1VES5 WHEREOF]I have hereuaW set tay hand sod affrxod my official seek-the day and year herein fust above written, LOCAMPO Commission 0 t t Notary Put)k-Ct�itotNa Morin County WCarMBVVWNoV28.200I Noor,tublic C� cAT� STATE OF CALIFORNIA ss COUNTY OF MARIN I.the undersigned,Re"*Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and fla thermore that Article VII of�By-laws of each oaapany,and the Resolution of the Board of Directors;set forth is the Power of Attorney, are now to f mr- Signed and sakd at the County of Maria.Dated the 15th day of January ,200 2 `•atar�rrr �y6M.r��ttt, �""+t%I � �°t sanahha�s r �s A L ,,...�+f �iCa I}�g'r`• �teNassP RcWVk rA=kftttiaaeury 360?g4-1I=98 03/26/02 FATCO 42 8433 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.O.Box 631 �`�yC Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Bate: 3/26/2002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8433 BRENTWOOD 60055 Parcel#: 011-230-435-5 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2001-2002 tax lien has been paid in full. Our estimate of the 20022003 tax lien, which became a lien on the first day of January, 2002 is $30,500.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax C li t r By: BOND NO. SP9442 PREMIUM: $278.00 SCT ISoi nam LandDevelopment Co.First American Titin Co. ST. PAUL FIRE AND MARINE INSURANCE 1380 Gstasy Way lass V4'iliow Way,#101 COMPANY Concord,CA%520 Contord,Ca 94S20 One Market Plaza, Spear St. Tower Alta:Bob Seery AM.:Ellen Role San Francisco CA 94111 Phoao: 92"22-4834 Rhone: 925-356-7038 ATTN: Clarette McDonald (415) 541-4209 BM AGAIriIS'T TA1 5 KNOW ALL ADEN BY THESE PRESENTS: and (Suzy? THAT as MARINE INSURANCE COMPANY ,a corporation organized and existing under the laws of the State of M i n ne s of and authorized to hvnsact surety business in California as surety we hold and fiirnly bound unto the County of Contrs.Cosh, State of California, in the penal sum of Ibla g »�;d nim hUndM Dollars(530,900,00),to be paid to said County of Contra Costa, for the payment of which will and truly be made,we and each of us bind ourselves, aur heirs, executors, administrators and successors,jointly and severally, firmly by these presents. Scaled with our Scats and dated this 16th day of April 2002 The conditions of the above obligation is such that SAS,the above bounded . principal is about to file a map entitled Subdiviajon. 8.433.,, , ,_and covering a subdivision of a tract of laud in said County of Contra Costa, and there an certain liens for taxes.and special assessments collected as taxes, against the said trut of land covered by said map,which taxes and special assessments collected as taxes, aro not as yet due or payable. NOW,THEREFORE,if the said ZMciRfi shall pay all of the taxes and special assessments collected as taxes which arc a lien against said tract of land covered by said map,at the time of the filing of said map of said tract,thea this obligation shall be void and of no effect, otherwise it s*hall remain in hall force and . 13LJP1r1.Ai'1a'! LAND 1.i�7+�'G+l.ri.lrlYlirj\1 COWANY. i.a . a Calffonzia corporation HOFMANN LAND DEVELOPMENT COMPANY ST. PAUL FIRE AND MARIN NSURANCE COMPANY Principal P S BY: p sipPkafhleen Bryant, Attor -in-Fact n � - Fl= D AND Ai PW 0014TU.CO TA 90 (t3�("T"Y}I �' V�l•11��'r4', . Ate' � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On April 16, 2002 before me, tundra Fredrickson, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal Q;AN 5ZA'FRE DRICKS10N n O COMM.LI 12673 NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY COMM.EXP.DEC.16,2004 irrrrrrrrrrrrrrrrrrrrrrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■ OPTIONAL �rrr a rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■ Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER. Attorney-in-Fact SIGNER IS REPRESENTING: ST. PAUL FIRE AND MARINE INSURANCE COMPANY lbeS'Pau1 POWER OF ATTORNEY 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 Power of Attorney No. 20396 Certificate No. 1019224 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 James 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 undertaking;.xtt.e or itted in sty actions or proceedings allowed by law. " lst December 1999 IN WITNESS WHEREOF,the Companies have caused this instrume stn " set qedlti day of . Seaboard Surety Company V, t tilted States Fidelity and Guaranty Company St.Paul Fire and Marine Instr -Ca ' ,Y Fidelity and Guaranty Insurance Company St.Paul Guardian Insuranc im 4Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Y •� �°%'°� ' ��,eoetrr'lti rtCOlMt Itttg� JOHN P PHIlwtJ`tEY,Vice Presldem 1927 > ,seat ^ soar. tea 1977 g 1951 State of Maryland M 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.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. A4(1-�j�'1� In Witness Whereof,I hereunto set my hand and official seal. ; "�' My Commission expires the lath day of July,2002. Cts t REBECCA EASLEY-ONOKALA,Notary Public 86203 Rev.7-2000 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul"f 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 Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting 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 exe- cuted 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 Attomey(s)-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.Iluibregtse,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 WHEREOF,I hereunto set my hand this 16th day of Apri 1 2002 192T �lOt1A yfi PY�Rq /�{AIRRyI atCR4ttlf J 1977 1951 �°F `ts.aM+ `•`"r''' tNti" -"' Thomas E.I luibregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call I-840-421'3$$ and for Phe Br or o�Attol`ey clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to whic9v the Po"k0 attaxjted'=,' t T ALL-PURPOSE ACKNOWLEDGEMENT State of California County of 1 On Acgt 1 2-, '� before me, Sk 4 [et u.R P-4 6-1 , (DATE) (NMARY) personally appeared ,14- T_. &"�`} SIGNER($) 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. - R cuRn Comm,1111296579 NOTARY PUBLIC-CALIFORNIA � WITNESS my hand and official seal. Centra Costa Caumy 91my Comm.Expiraa Mareareho'M5 NOTA Y'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL CORPORATE OFFICER 'I"ITLECS) . TITLE OR TYPE OF DOCUMENT [� PARTNER(S) ATTORNEY--IN-FACT NUMBER OF PAGES TRUSTEES) [� GUARDIAN/CONSERVATOR DATE OF DOCUMENT OTHER: _ OTHER SIGNER IS REPRESENTING- RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF SIGNER 6 a a APA 5/99 VALLEY-SIERRA, 800-362-3369