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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-466 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 6, 2002,by the following vote: AYES: Supervisors Gerber, Uilkema, Glover, L)eSaulnier, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO, 2002/ 466 SUBJECT: Approving the Improvement Warranty Agreement for Subdivision 7686, being developed by Hofmann Land Development, Byron area(District III). The following document was presented for Board approval for Subdivision 7686 property located in the Byron area, Supervisorial District Ill. An Improvement Warranty Agreement with Hofmann Land Development,principal, whereby said principal warrants that the curbs, along with adjacent pavement and sidewalks, installed on profile slopes less than 1%,were otherwise constructed, installed and completed in this development in a manner equal or superior to the requirements of the County Ordinance Code, Title 9. Principal also guarantees that the aforesaid development improvements are and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and developer shall maintain the improvements for five years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance,particularly ponding of storm water in gutters. I hereby certify that this is a true and correct copy of an action taken PE:cw and entered on the minutes of the Board of Supervisors on the date 0:1GrpDatol)ngsvcTO\200218-06-02\SUB 7686 Bo-15Aoc shown, Originator. Pudic Works(Bs) nn Contact: Patricia Edwards(313-2358) ATTESTED. AUGUST 06, 2002 cc: Pubic Works- T.Bell,Construction JOHN SWEETEN,Clerk of the Board of supervisors and County Current Planning,Cotnnxmity Development T—6-06-03 Administrator Hot3nann Land Development 1380 Galaxy Way Concord,CA 94520 St.Paul Firs and Marine Insurance Company One Market Plaza,Spear Street Tower By Deputy San Francisco,CA 94111 RESOLUTION NO. 2002/ 466 SUBJECT: Approving of Improvement Warranty Agreement for Subdivision 7686,being developed by Hofinann Land Development,Byron area(District IIT). DATE: August 6, 2002 PAGE: 2 Said document was accompanied by security,guaranteeing all improvements as stated in said agreement and required by Title 9 of the County Ordinance Code, as follows: I. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP 388989 Date: June 27, 2002 Submitted by: Hofmann Land Development Taxpayer identification number: 680419482 II. Surety Band Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: SR9069 June 19, 2002 Performance Amount: $25,000.00 Labor&Materials Amount: $13,000.00 Principal: Hofinann Land Development NOW, THEREFORE, IT IS RESOLVED that said improvement warranty agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION 2002/466 IMPRO'VEM EN T WARRANTY AGREEMENT (After Construction is Complete) (Government Code §§ 66462 and 66463) Development: Subdivision 7686 Effective Date: AIA45/ Principal: Hoffmann Land Development Co.,Inc. Maintenance Period: 5 Years Boyds: A. Cash: $1,000.00 B. Surety: 1. Faithful performance&maintenance: $25,000.00 2. Payment for labor and materials: $13,000.00 PARTIES &DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County,"and the a pove-named"Principal,"mutually promise and agree as follows concerning this development. 1 ffl.ZOVEMENT WARRANTY.Principal warrants that the curbs and adjacent pavement and sidewalks,that were installed on profile slopes of less than 1%,were otherwise constructed,installed and completed in this development in a manner equal or std:)erior to the requirements of the County Ordinance Code,Title 9. GUA,<RANTEE&MAINTENANCE. Principal guarantees that the aforesaid development improvements are and will be free fro idefects and will perform satisfactorily in accordance with the County Ordinance Code and principal shall maintain the in"wernents for five years after the date of this agreement against any defective workmanship or materials or any unsat=isfactory performance,particularly ponding of storm water in gutters. RVIMOVEMENT SECURITY BLINDS.Upon executing this agreement,principal shall deposit as security with the County: A. Cash: (For faithful performance)a cash bond in the amount: $1,000.00 B. Surety: 1. (For faithful performance) additional security, in the amount: $25,000.00, totaling 15% of the cost F4f the estimated improvements, less the cash bond, in the form of cash, an acceptable instrument of credit, or an acce�°table corporate surety band,guaranteeing faithful performance of this agreement and maintenance of the work for five yearrsafter the date of this agreement against any defective workmanship or materials or any unsatisfactory performance;plus 2. (I:fir payment for labor &materials)another such additional security, in the amount: $13,000.00, which is 50% of the estirrm ted'cost of the aforementioned improvements,securing payment to the contractor,to the subcontractors and to persons renti4,g equipment or furnishing labor or materials to them or to principal. Said payment bond to become null and void six months after the completion of warranty. NO ' VAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or mateials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any part 01tereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements and/q.,`materials, or payments,therefor, or any combination or all of these acts, shall not relieve principal of the obligation to fulfiltthis'agreement as prescribed; nor shall County be thereby stopped from bringing any action for damages arising from the fal.Aure'to comply with any of the terms and conditions hereof. INDEMNITY:Principal shall hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. Indemnities benefited and protected by this promise are the County and its special district, elective and appoir?itive boards,commissions,officers,agents,and employees; B. Liabilities protected again are any liability or claim for damage of any kind allegedly suffered, incurred or threat,ned'because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County completed the review of the improvement plan or accepted the improvements ascornpleted and including the de-Tense of any suit(s),action(s),or other proceeding(s)concerning these; C Actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters coveriA by this agreement and attributable to principal,contractor,subcontractor,or any officer,agent,or employee of one or more 6f them, D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not an,y indemnity has prepared.,supplied,or approved any plan(s)or specification(s)in connection with the improvements or devel#fpment,or has insurance or other indemnification covering any of these matters. COS'T'S: Principal shall pay, or have paid when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. NOMPERFORMANCE AND COSTS: If principal fails to maintain the work and improvements during the time specified in this agreement, County may proceed to repair them by contract or otherwise and principal shall pay the costs and charges, therehr, immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs and the cost of maintaining the improvements, principal shall pay all reasonable attorneys' fees, costs of suit and all other expersses of litigation incurred by County in connection therewith. ASS]UNMENT: If, before the completion of the maintenance period, the development is annexed to a city, County may assign:to that city County's rights under this agreement and any cash bond or surety securing them. LABOR&MATERIALS,WARRANTY: Principal further warrants that the claims and liens of all persons, contractors and subcontractors furnishing labor or materials for the maintenance or repair of said improvements in the development have been atisfred. Principal agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and devel€pment appearing hereafter upon demand by County. COM 31DERATION: In consideration hereof, at the end of the five year warranty period, County will accept the curbs and adjarY>nt pavement of Subdivision 7686 for maintenance. CC I'RA COSTA COUNTY: PRINCIPAL: Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc. 157 P 19 B By: - A.T. Shaw,President RECOMMENDED FOR APPROVAL: By: 4' ervicesDivision FORM APPROVED: Victor J.Westman,County Counsel :cl G:1Gr}+�.7ata\BngSvc\Chris\Projects\Discovery Bay West SUB 7686\SSUB 7686 Warranty Agimt.doc r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Stet of_ ..trC tr'�4C 'C\ti Ge. OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On,. 1 before me, S I Though statute does not require the Notary to fFll in DATE NAME,TITLE OF OFFICER E.O.,"JAM DOE,NOTARY PUBLIC' the data below,doing so may prove invaluable to personally appeared _.�(-. persons relying on the document. NAMES)OF SIONER(S) ❑ INDIVIDUAL emortally known to me-OR-❑ proved to Ire on the basis of satisfactory evidence to ORATE OFFE (S be the person(s)whose name(s)is/are subscribed to the within instrument and TITLE(s) acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED + the same in his/her/their authorized D. PhtTtlES y ❑ GENERAL tt"A COMM p 1196585 `�capacity(ies),and that ru ent the er ❑ ATTORNEY-IN-FACT Vl NOTARY PUBLIC•CALIFORNIA signature(s)on the instrument the ptrson(s)or ❑ TRUSTEE(S) the entity upon behalf of which the person(s) ❑ GUARDIAN/CONSERVATOR Contra Casco County ' acted,executed the instrument. my Comm.Expires Much 9,1005 A ❑ OTHER: S my hand and o#icial seal, SIGNER IS REPRESENTING. (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE OF NOTARY OPTIONAL SECTION THni CERTIFICATE MUST BE ATTACHED Title or Type of Document To sWE DOCUMENT AT RIGHT. Number of Pages Tho*gh the data below is not required by law;it may prove valuable Date of Document to p rsons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-solachment of this form INSTRUCTIONS TO NOTARY The::€`bllowing information is provided in an effort to expedite processing of the documents. Sigw.-itures 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 sign exactly as it is typed or printed. II. SIGNALS FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be state III. a GNAj=FOR PAR 'HIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bindthe partnership. IV. SIGr�.__T =FUR Cf�IZKPORATI{}NS Documents Ts o�ude signed y�oficers,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 b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If sig�mtures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Boar: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. Notavzation of only one corporate signature or signatures from only one group,must contain the following phrase: "..encs.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 \\PWS4kCEURDATA\GpDua\BniSvc\Fomw\WORD FORMSIALL PURPOSE NOTARY.doc ^� COUNTY OF CONTRA COSTA u... ` DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER r TO THE T&? A�SElRER. MARTINEZ,CALIFORNIA RECEIVED FROM (" ORGANIZATION NUMRRLTC `'' I (For Cosh Collection Procedures see County Administrator's Bulletin 105.) SUB.DESCRIPTION FUND/ORG ACCT: TABIC OPTION ACTIVITY AMOUNT CJOEL ° -� ?16) ' 66i E ;u d6 69 Cj s" 1 l q R t i I i I I A I L-L I , r 1 r f } k_� .66M.Lcr , )4lil SD 0 EXPLAIW ON DEPOSIT 'tJ Deposit consists of the followir4 items COIN and CURRENCY $ ti/C a CHECKS,MA ETC. $ BANK DEPOSITS S o� f. _ FOR AUDITOR-CONTROLLER USE ONLY t, DEPOSIT PERMIT QP+ 90 7 L NUMBER r DATE 388989 J7N 27 ASSIGNED The amount r�#monvy described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposih;=nto the County Tneas r}. acknowledged. ;. Signoral. �. Title.r . EXT. - + [aepu ounty r Deputy County Treasurer >-34 REV.(7-93j COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLl R TO YF TREASURER: MARTINEZ,CALIFORNIA RECEI FROMI ORGANIZATION NUMBER Por Cash Collectiim Procedures see County Administrator's"*tin 105.) DESCRIPTION FUrVDJCN ACCT TASK OPTIONPACTNATY AMOUNT ., f 1 1 I t 1 I k I t k I t t k I t LIE 1 bo I It 101, Z 000 1 If III IIIIIIIIIII1 I I it I Lill I s s s s t I s r s t i t s t s s EXPLANATk*:' TOTAL $ DEPOSIT %N =EN-CY f the following items --. $ — CHECKS,MA ETC. --- BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT NUMBEREITD DATE . ASSIGNED The.*mount csf money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit�Ocs t .County Treasury., ackngw Signed c, A' Date `v '2 Title` r" r EXT. Signed. ty Co rtor Signed. Deputy County Treasurer -34 REI.(7-93) g 819800-0800: 61093315, $1000.00, SUB 7595 Subdivision Agreement Cash Bond, Olson Financial, 90 Village Drive, Brentwood, CA 94513 819800-0800: 61093324, 11,0000.00, SUB 7686 Five Year Improvement Warranty Cash Bond, Hofmann Land Development, 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61093325, $1,000.00, SUB 8143 Five Year Improvement Warranty Cash Bond, Hofmann Land Development, 1380 Galaxy Way, Concord, CA 94520 000649-9665 / 831000: G1093320, $14,398.00, PA 0003 Landscape Plan Check Fee, Shapeli Industries of Northern California, 100 N. Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Carlson, Barbee & Gibson, Inc, CIVIL ENGINEERS • SURVEYORS + PLANNERS PRELIMINARY WARRANTY BOND ESTIMATE 1-Mar-01 DISCOVERY BAY WEST SD 7886 5 YEAR CURB WARRANTY CONTRA COSTA COUNTY,CALIFORNIA Unit item Description auanti Unit Price Amount REPLACEMEWr COS` $ STREKT_WOR 1 Demolition and Removal 1 LS $ 20,000.00 $ 20,000.00 2 S1- 150 Curb 1,035 M $ 35.00 $ 36,225.00 3 Concrete Sidewalk 1,280 SM $ 30.00 $ 38,400.00 4 6.1m Pedestrian Ramp 8 EA $ 1,300.00 $ 7,800.00 5 3m•wide Pavement Replacement 3,280 SM $ 19.00 $ 82,320.00 8 76mm Curb Drain 342 EA $ 25.00 $ 8,550.00 Subtotal $ 173,295.00 15%of Subtotal $ 25,994.25 Total Bond Amount(to nearest$100) $ 26,000.00 PR �ES�i�y� a z rn CALIFO��� »cw"say w" 693-00 B"dSt 7W'xia Page 1 u tensa sir 2603 CAMINO RAMON,SUITE 100 SAN RAMON,CALIFORNIA 94583 (925)888-0322 FAX(925)888-8575 Development: Tract 7686 Bond No.: SR9069 Premium: 435.00 SECURI TY BOND FOR IMPROVEMENT WARRANTY AGREEMENT 1. RENTAL OF IMPROVEMENT'WARRANTY AGREEMENT: Principal has executed an improvement warranty agreement with the County of Contra Costa to maintain and repair curbs and other affected improvements for Tract 7686 at principal's expense for a period of five years, as specified in the improvement warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy C onditions for filing of the finil map for said subdivision. Z. OBLIGATION: HOfMANN LAND DEVELOPMENT COMPANY asgrincipaland ST PAUL FIRE AND MARINE I.S RANG COMEANY , a corporation organized and existing 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 as follows: A.' Performance and Guarantee: TWENTY FIVE THOUSAND AND N0110t1__________.®_____..__ Dollars($ 25,000.00 ) for Contra Costa County or any city assignee under the above improvement warranty agreement. B. Payment: THIRTEEN THOUSAND AND N011001-------_____________________.__.... $13,000.00 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. 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 party 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.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)ofPart4 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 improvement warrenty agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itselfbound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on dune 19, 2002 HOFMAP LA D DEVMENT COMPANY ST. PAUL FIRE AND MARINE INSURANCE PRIMIPALL: . SURETY: COMPANY L P.O. Box 758 One Market Plaza, Spear St. Tower Addr( s: Address: Concord, CA 94522 City: Zi City: San yranciAgo, CA ip: 94111 By: Print]',,,,Tame: __ A , T., 4 HA 1A) Print ame: Kathleen Br ant Title: Title: Attorney-in-Fact ]D:mw:la G;\G Data.T-ngSyc\PattyEd12002Vime\Dieco Bey Warranty Agrmt Bond doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Start of .CR S C`1 L j OPTIONAL,SECTION Cats tty of (Lo IL 0CAPACITY CLAIMED BY SIGNER On AN 0 1 before me,7--y G-t1 Though statute data not rtgtnlrt the Notary to ell!to TE NAMI3 TITLBOFOFPICER ISM.,"JANE DOE,NUI T'PUBLIC* the data below,doing so may prove invaluable to �anall a eared 1 OA-..� persons relying on the document. per y pp NAWS)OF SIGNER(S) CT INDIVIDUAL ORATEI:monally known to rm-OR-0 proved to me on the basis of satisfactory evidence to ^� -C,-.�,-tee r be the person(s)whose name(s)is/are TITLES) subscribed to the within instrument and acknowledged to me that helshetthey executed D PARTNER(S) C LIMITED e Satre in his/her/their authorized 0 GENERAL D. PANTILEb apacity(ies),and that by his/her/their p ATTORNEY-IN-FACT Comm.N 129$585 ignature(s)on the instrumentthe persons)or 0 TRUSTEE(S) NOTARY FUBttC•CAtfF0NM1A tat entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR Contrt Coats County cam*executed the instrument. G OTHER: %my Comm, Expires March 9,7005 F,SS my hand arj4 official seat, SIGNER IS REPRESENTING: x­ (NAM OF PERSONS)OR ENTiT°Y(I S)1 SIGNATtM OP NOTARY A OPTIONAL SECTION THRCERTIFICATE MUST BE ATTACHED Title or Type of Document TO HE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law;it may prove valuable Date of Document to rsons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-at>achment of this form INSTRUCTIONS TO NOTARY The bIlowing information is provided in an effort to expedite processing of the documents. Sigw tures required on documents must comply with the following to be acceptable to Contra Costa County. I. FORA ALL SIGNATURES_ - The name and interest of the signer should be typed or printed BENFATH the signature. The name must beigned exactly as it is typed or printed. IL SIGNATURES FOR INDIVIDUALS.-The name must be signed exactly as it is printed or typed. The signer's interest in the property must a sta . III. SIGNA ISS FOR PARI RS . Signing party must be either a general partner or be authorized in writing to have the authority to slag or an m e partnership. I11. SICNm� FOR CORPORATIONS Documents should be signe1bytwo officers,one from each of the following two groups; GROUP 1. Ma The Chair of the Board The President 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 Boarct>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 Direcl yrs." XMW 1tPwS4%1%1ARDATA\(kPD &\Bnt$vclFflrmlwORBFORMSIALI.PURPOSENOTARY.C100 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On June 19, 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 official seal SANDRA MREDRICKSON 0 BLlC COMM. 1267366 • NOTARY PU -CAUFORNlA0 2 CONTRA COSTA COUNTY 0 COMM.EXP.DEC.16,2DO4 �rrrrrrrrrr a rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■rrrrrrrrrrrrr■ OPTIONAL �rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�rrrrrrrrrrrr■ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER.: Attorney-in-Fact SIGNED. IS REPRESENTING: ST. PAUL FIRE AND MARINE INSURANCE COMPANY POWER OF ATTORNEYm Maul 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 Poweof Attorney No. ����� Certificate No, 1260619 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.pwA Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the lir?s 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 F,'delity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Under,Nriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"), and that the Companies do herebp:make,constitute and appoint Kathleen Bryant and James C.Jenkins of the ity of ConcordCaliforniaCalifornia their true and lawful Attorney(s)-in-Fact, each rr: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, contmi.'ts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perfotance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. December 1"9 IN WfTNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 1st day of 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 Std.. k� '"�`o �,<,■+vroy Mg e� U * + Ori owarr4 aaoaa.r JOHN P.PHINNEY,vice President 19�>�: w► � sear+ �SBxt.1R �_ta't� 797 f�51 t �r State ti#Maryland City o Baltimore THOMAS L HUIBREOTSE,Assistant Secretary Can 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 Marinit:Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Cuarat>y Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said C mpanies;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 corpori.Aons by themselves as duly authorized officers. In Witisess Whereof,I hereunto set my hand and official seal. My Cot,-mrission expires the 13th day of July,2002. �+kj C9 REBECCA EASLEY-ONOKALA,Notary Public 86203:%iev.7-2000 Printed in U.S.A. 'his 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 Firen and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company, Fida3ity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effeti:,reading as follows: F'SOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings;contracts and other instruments relating te.said business may be signed,execi6ted,and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in &,cordance 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 C)mpany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, u;der their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and tk seal of the Compan f'tnay be affixed by fkcstmile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes ct:Iy of executing and atihstmng booths and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any s<h 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 cv=uted 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 xich 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 Atorney 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 wrstings 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 E:,xutive Officer and sealed and attested to by the Secretary of the Company. I,Thr<#nas E,Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Pa1 Mercury insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Under.ricers,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 eftxt and has not been revoked. IN TF'.TTMONY WHEREOF,I hereunto set my hand this 9th day of June 20102 \ ��saat tjl skx H3� tat 1977 lost Thomas E.Huibregtse,Assistant Secretary Tb verttl`-.q the authenticity of this Power of Attorney,call 1-800-421-3886 and ark,for the Poi of Attgnley clerk. Please refer to the Power of Attorney number, the abo4-named individuals and the details of the bond to which the power it attached F+reman's Fund Insurrannce Company Bond No 111 19463534 The American Insurance Company National Surety Corporation FireDINeS Associated Indemnity Corporation American Automobile Insurance Company Rider In a�1sideradon of the premium charged,it is understood and agreed that: Effied,ivefrom the 9th day of July 2002 PERFORMANCE BOND AMOUNT BE AMENDED FROM: FIVE HUNDRED SIXTY -NINE THOUSAND AND NO/100----($569,000.00) TO: EIGHTY FIVE THOUSAND THREE HUNDRED FIFTY AND NO/100---($85,350.00) provir td however,that the liability ofthe THE AMERICAN INSURANCE COMPANY under the attached bond and under the attached bond as changed by this rider shall not be cumulative. Nothi 4 herein contained shall be held to vary,wai m alter or extend any of the terms,conditions,agreerrients or warranties of the undermentioned bond,ether than as smced above " 11119463534 THE AMERICAN INSURANCE COMPANY Attach,,k to and forming a pan:of Bond Na issued by the the 15th day of February 2000 TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT on bef0f of and in <ivoror COUNTY OF CONTRA COSTA Signed Z.Ais 9th day of July 2002 THE AME CAN IN URANCE COMP Surety thl4en Bryant, At:tomey4n-F:.ct 36M70-11-9a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 9, 2002 before me, Sandra Fredrickson, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal ; sANDRNI�REDRiClC�AN i NOTARY Pu �O WA r / CONTRA dO$TA COUNTY 0 < ' / � COMM.EXP.DEC.M 2004 �rrssrrssssr usrsrssssrrssssssassr a srrrsssrssssrssrrssrrrsrrrssrrssru ssrs■ OPTIONAL �ssssssssrrssrrrrssrrsssssssssrsssrrrsrrrrsrrsssrrsrrrsrrrssrssssrsssrrssssr Though the data below is not rewired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Pact SIGNER IS REPRESENTING. THE AMERICAN INSURANCE COMPANY FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION 1UE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNEW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an €linois corporation, THE AMERICAN INSURANCE COMPANY a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY COFPORATION, a California coToration, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Conumnies")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their rue 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 bone} undertakings,recognizances or other written obligations in the nature thereof _w—_.—..,.___r--,o._,—___—_.,,,,.,.d___--„,_,,,,—_r__,,,,—_—®_— and tF 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 attestd by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fad may do in the premises. "is.flower of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COW.-IANYwhich provisions are now in full force and effect. This.:ower of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COW?ANY,NATIONAL SURETY CORPORATION.THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amen*ed 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 affixed 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 seal shall be valid and binding upon the Companies.” IN W-TNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed this'2 t1h day of Septembgr y 1998 R A� FIREMAN'S NATIONALLSURETY CORPORATION ,{';: .` e 4 ° t • t d'o'--• D INSURANCE COMPANY -` NATIONAL INSURANCE COMPANY a#R.X+aro = G7r s n:w L'•$ ASSOCIATED INDEMNITY CORPORATION ' AMERICAN AUTOMOBILE INSURANCE COMPANY By STAT9OF CALIFORNIA ss. COUPE i Y OF MARIN On this: 2 5tjjj day of lqpptjpbar 199 before me personally came M.A. Mallonee to me known,who,being by me duly aspera,did depose and say:that be Is a nt of each company,described In and which exeat ve t;that he knows the seals of the said. Comp*.aiM that the seals affixed to the said Instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed 4is mare thereto by like order IN WITNESS WHEREOF,I have hmunto ad my land and affixed my official seal,-the day and year herein first above written L CCAIAPO Commission#1163726 ai Notary Pub0C-Calift5rrikx hiorfn County tVyCtxntt>.6cplre"sN0+r28,2001 ci;Ixr iCATI; Nem hmic STATE OF CALIFORNIA S& COOUW"Y OF MARIN 4 the mdersigned,Resident Assistant Secretary of each ompany,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and hasaot bona revoked;and furthernare that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth In the Power of Attorney, am now in f000e. Signed:ad seated at the County of Mann.Dated the 9th day of July 2002 `••a,....••J`s j tv' S 'P! �r A P.aldeN AnhOW SCOUNy .