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RESOLUTIONS - 01012003 - 2003-567
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GR ERG, GLOVER AND DESAULNIER .NOES: NODE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 567 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8570,being developed by Hofmann Land Development Co.,Byron area. (District M) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8570,property located in the Byron area,Supervisorial District III, said map having been certified by the proper officials. lI. Subdivision Agreement A subdivision agreement with Hofmann Land Development Co.,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 origitaken and entered on the minutes of the Board of Supervisors Contact: Public Warks -22 on the date shown. Can4cl: Ctsris Lau{313-2243} CL.=n Gt\CspMta\EngsvclliM00319-23-03\STM 8570 B0-21.doc cell Public Works—T.Belt,Construction Current Plariug.Co ityDeveloprrsint ATTESTED: SEFITm rR 2.3, 2003 T-race 23,2004 Hofrnaym Land Development Co. JOHN SWEETEN, Clerk of the Board of Supervisors and Bob henry County Administrator 1380 Galaxy Way Concord,CA 94522 Liberty Mutual Insurance Company Deborab Baker I Front Street,Ste.870 By ,Deputy San Francisco,CA 94111 RESOLUTION NO.2003/ 567 State of California County of Contra Costa On August 25, 2003 ,before me,Myra J. Nicks personally appeared Deborah Baker ZPersonally known to me -or- ❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same .�. ' in his/her/their authorized capacity (ies) and that by his ddbb_ /her/their signature(s) on the instrument the person(s) or the M,A I FNCIM entity upon behalf of which the person(s) acted, executed Cwvyhdon*12W65 the instrument. Notary Putafc- Cdftmb Akrroedo county `, WITNESS my hand and 41 ial seal. �gnatuVNo ary Public ---------------------------------------------------Optional------------ ------------------------------- Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document:Hofmann Land Development Bond 070000620 for Contra Costa County Document Date: 08/25/03 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: El Individual ❑Individual �] Corporate Officer ®Corporate Officer Title(s): Title(s): ❑Partner-F-]Limited❑General 0 Partner-®Limited DGeneral Attorney-in-Fact ❑Attorney-in-Fact [�Trustee ❑Trustee Guardian or Conservatorx$r Guardian or Conservator , MOther: Top at•1Tumb Hera ❑Other: 7T, humb Here Signer is Representing: Signer is Representing" Liberty Mutual Insurance Company STATE OF CALIFORNIA }ss COUNTY OF cpoiycx_ G_off— } On pc u&-mac, W . before me, L .�t'c , a Notary Public in and for said State, personally appeared (:�."C'. GyN , personally known tome ( )to be the personW whose name{jQ is/a A subscribed to the within instrument and acknowledged to me that he/s /ttAy executed the same in his/Wr/t*r authorized capacity{, and that by his/WthlOr signature{pQ on the instrument the person(oj or the entity upon behalf of which the persontkacted, executed the instrument. WITNESS my hand and official seal. Signatur0e-� D. PANTELES Comm.A 129$585 ++h� NOTARY PUBLIC-CALIFORNIA V/ Cantu Casts County My Comm. Expires Merch9,20O6"+ s SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8570,being developed by Hofinann Land Development Co.,Byron area. (District DATE: September 23, 2003 PAGE: 2 A. Cash Bond Performance amount: $35,215.00 Auditor's Deposit Permit No. 411016 Date: August 28,2003 Submitted by: Hofmann Land Development Co. Federal Tax ID Number: 68-0419482 B. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number: 070000617 Date: August 25, 2003 Performance Amount: $3,486,285.00 Labor&Materials Amount: $1,760,750.00 Principal: Hofmann Land Development Co. III. 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 2002-2003 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003, is estimated to be $110,400.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: Liberty Mutual Insurance Company Bond Number: 070000620 Date: August 25, 2003 Amount: $110,400.00 Principal: Hofmann Land Development Co. 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 and this Board dofs not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/567 9p Y 'o` s A SO is bd VA ' °. s 11"'g, Avi I VA r tits P4I! 15% is oil tjvt�jj.tit rIla .1 lai a > 9AIMAV iN "A r 'a a }Ks w RI ft I It _ ORR lollw w =_ S W1IlaY 14 IYA . � p � , ' t t„ WAS F �' - p j :I • Ja $ ma Ica slc� p :. P Yol MIN - - ulI z Loa.wa >aar.c RIM vtsaa VVIN03 1w k �. itl[.a9u9+ 3.10.9£69 ) � �b3 � � � 0 �' o ,t9`KSOZ M.a4,1S99k .�'60£i IA,6S.tS98k ^..''�Y 99"09Zi M.65.tS.9Slk w� 6 UJ maw M.ac,t 9Art-y .€IM/A.594s.99N I ' ON 0YU a" cMsgTl3, IL ,I flit t li f Ors `ti $i (9)C.SW Is31A) I } t A= _�L((��s))a5�gtsst rr�9o,maeN lF,3Z,UM' 5M.0" N 9t'too 14. 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(yyr ` r* .r r*��.(, o 5�t�r_3 c*f a�t8 r 1 t9 3� 7 " L .VO844� �'` � 't,W°, 4 N h K h �r S$ r i3 9j Pell 1 loll 0040 .� � - CZ Jri�— 5f120,00. dl ® 04`0j`f Is 744,' Nmxt . 19 (mom HNX} 0NM3ovou$ 6 z ^ low Ali I LAJ * uUN1 0yr 03 it It 7! tt J LAJ CL- cn tt J �aC r. a ,•' w w 303.00`91-i�- 73 of La U.1 L Jg t`''ip J J J J o► J . +� 1 Caw ua i J � I / , { I ,���:..- J to•cr,r ;"' �' I Ems" I ++4.o►,sz .$���. 4 X513` ye.p { C'I Nn4 /01 Ne4-14271�z� LL�� J J ( JJCi - LaJ i ! N,. � �J IBJ � � • �C C�� � �J J� � v ! L.,J ,1Nr L4 In ,a7 ~�`tC. 1tj J �.. a°�k � C l ,�� o'er� � �,�°'• � �' v.., J J r fi a sdd d} {Lj 53.05' tl�4 w�7 355,WDZ-.l g p VAS J , 1 \ �\ > Na4 25 52' J J g a m _ zs 88.15' is rj sz a "°� fe'6s 00' I .05'ro 1A.9Z,8S99N ~ M t3 KI Ag eat lo, Ill' N11.111111111110 �.. 11" „ ;gixhim MIRytie ( scanio v, zz`�ez�,estsses ,ts�osz M,ff,�ftt��+ �e ` ..—praQ44 M asxS ssN Asa olt X4.65 tr.6eN ,4;'%z a tfwbtf t6N Y ;C 'EMS MUSAN ad till t 1 } DEPOSIT PERMIT t RECEIVED FROM OFFICE OF COUNTY.AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ.CALIFORNIA ORGAMZATION NUMBER (For Co3h Cahcoon hoceam we County Adn"traWs Wksin 10&) DESCRIMON FUND/OM SUlk TASK OPTK)N ACTIATY ACCT. AMOUNT A-A t I I J� I I $ 03 C4—feil, 9-A-S Al S-teNCIL. 10 -1,517 9M' 1, .1 5/ qw,0 � 4 6u i Egsc� m r-we? 1-A I I '69 jq, -if A Ole jj�JT --- �s7urz-r,4qbt . . .L- A I I (,:�34& P?5 606 5/ 0 all gr 0�-,553, J�ddg,,-FFA , 1? W5 /I A1110,041 JA4-r h ),011A W:� lleA.4, /" 2316 -,�q S L 00 1151 00 EXPLANATION: 1W 71-(/ TOTAL $ .-S'acs -7 3 DEPOSIT Deposit corWsts of the' 7-3 COIN aM CURRENCY $ CHECKS,MC�ETC 4�0-6 BAWDEPOWS MR AUDff0R C OMY on�pw*c 7 ot,1 6�5 ltiv) qy37 FfRMT 28'03 -A NUMBER DATE illo?,713 ASSrAW The amount of money dela*)ed ob"is for Tromurv, 4 depoit irft the County Thmury. "Mcelpt of is Roceipt of aboys amount is hwoby ockwtiedged �w /h,Ab V I- !Vl,-EXT N'County Auclitor Deputy Courity Treasum )-34REV.(7-93) 1V 12012NRO) 4DEPOSIT PERMIT oFFiCE OF COUNTY AUDrTOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER f �L)0 (For Cath CoUd;n Promam see Camty Administrator's BuAetn 10&) DESCRIPTION f3 A�/CSRG SUIL TASK ACTIVITY AMOUNT ACCT: 3 ; t�I� t L I I IL I I L- I-A I t I 1 1, A t -1-A-.. ` 84 i i t i t i i t t i 1 i EXPLANATION: TOTAL $ � DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M Ci,ETC $ __- BANK DEPOSITS Sr FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT ,¢ PERMIT NUMBER DATE cRL_OG ASSIGNED The anoint of moneydescribed above is for Trees `s receipt of shave amount is approved Receipt of obarer t is hereby lopoit Into the County Treasury. l 'let A : {. { Dates ✓ } " /Ld•l EXY gsp�,+ty County Audilrx County Tre�utei ?-34 REV.(7-93) 0649-9665 / 8310000: 61120740, $424,03, MS 53-90, Additional Minor Subdivision Inspection Improvement Deposit, St. Germain Construction, Inc, 4016 Medford Ct. Martinez, CA 94553 0649-9665 / 8310000» 61120734, $500,00,RS 2824 Record of Survey Deposit, job 0329, Wayne 0. & Shelia A. Mac Donell, 71 Donna Maria Way, Orinda, CA 94563 0649-9665 / 8310000: 61120735, $200,00, RS2823, Record of Survey Deposit job 105920x, Ronald Greenwell & Assoc, 10 South Lake Dr. #1, Antioch, CA 94509 0649-9665 / 8310000: G1120738, $177,839,00, RA1121, Road Acceptance Inspection, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 0649-9665 / 8310000: 61120739, $74762.00, RA 1144, Road Acceptance Inspection, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: 61120736, $35215.00, Sub 8570, Guarantee of Performance (Bond), Hoffman Land Development Co, 1.380 Galaxy Way, Concord, CA 94522 8198-0800: 61120737, $6,000.00, Sub 8570, Guarantee of Performance (Bond), for Drainage Improvement Agreement, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: 61120738, $38,750.00, RA1121, Performance Cash Bond, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: 61120739, $15,800.00, RA1144, Performance Cash. Bond, Hoffman Land Development Co, 1380 galaxy Way, Concord, CA 94522 ,. 0682-9752 / 819200: G1121203, $65400, SR4 Trans Permit, 6r4tp 6x4409, ADK Permit Service, Inc., 127 Camellia Way, Modesto, CA 95354- 2814 Subdivision: �C7 �- R Bond No.: 070000617 Premium: '$31,694 WPROVEAI ENT SECURITY BOND FOR SUBDIVISION AGR +'EMENT (Performance, Guarantee.and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 43 2i'70-_--_ .as specified in the subdivision agreement and.to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map.for said subdivision. 2. OBLIGATION: W o F r-Ia N N LA N t� L7 -E N? as principal and Liberty Mutual Insurance Company , a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in.California; as surety, hereby.jointly.and severally. bind :ourselves, our. heirs,. executors, administrators,successors and assigns to the County. of Contra Costa, California to pay as follows: A. Performance and Guarantee:"fsaae * oU Fcx,r2 1-IvoaV&Q E:*i Y=STx `C►�ocs tory i �"C�Jc� 4 leant�7i Dollars($ �f� Z ,`� ' ) for Contra Costa County or any city assignee under EXC7H' the above County Subdivision Agreement. 13. Payment:Cin,_ rGt��rvr�, S v �t k�Ur�t�c7- � E� Y MJ 1YF HW II& Dollars ($ (,-7 Wa +,O ,vim' )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 agreenient and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the '-anner 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;®therwise it shall be 8nd remain-iii 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 fart 4 of Division 3 of the Civil Code; so as to give a right of action to them or theirassigns 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 fall forceand effect. C. No-alteration of said subdivision agreement or any plan or specification of said work agreed to by theprincipal andthe 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 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 actionagainst the principal whenever taken. 31GNED•ANDSzALzD on ____ Auzust 25, 2003 Hofmann Land Development Company PRINCIPAL: SURETY: Liberty Mutual.Insurance Company r Address: 'E> Address: t Front street, Ste-870' d1ty: Zip' CiSan Fra r�sc �CA' Zip: X411 i By: , By: Print Name: ._. . 1.L-�`, Print Tame: Deborah Baker title: 4e ,.(�=,` Title: Attorney-in-Fact. D=Watp 3A(3rpDatAEnBSvc\Fo=\BN WORDIBN.I2.doc tev.November 28,2000 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Croup for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties, DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(l) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNUC-6539 2/03 1274276 THIS POWER OF ATTORNEY IS NOT VAUD UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those nerved herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock Insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN,MATTTHg.%t.1.;DRUMR1GHT,DIESORAH B/4KER ALL OF THE CirY OFCONCORD,STATE Or CALIFORN1A ................. ........ . ....:. . . ..,.: �...................................... - : ....................................... .i.'f• ...... ........... ......... ...........s t.{yp .+,a.sf..4 Yy. w ..... .aww..*. )....r...•.....ae........e............ . each Individually It there be mora than one siarrled,Its true acid lawful attorney h4act to, 4e,executai seal,acknbvrtedg9 and deliver,for and on Its behalf as surety and as its act and id"' an aEKd all undertakings,bonds recognizances eM other surety o ligations In the penal sum not exceeding FIFTY MILLION AND tN�1140*`+""'« .«4«t, . ,r,,,.. DOLLARS::$ 5f3, :tQf „**'� each,and the execution of such undertakings, bonds, reaognizances acid other surety obligations It,.�ursuanca of.these presents, Shall be as binding upon the Company as if they had been duly slgi od byths president and attested by the s retary of the Company Iii their own proper persons. That this power is made and executed pursuant to and by authoilty of the foliowlrig By-Iavr nSd;:Authorizatrarl.. ARTICLE X111-Execution of Contracts;Section 5.Surety Bonds and Undertakings: Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe;shall appoint such attomeys-in-fact,as may be necessary to act In behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seat of the Company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. G By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact. d c Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby .X authorized to appoint such attorneys-In-fact as may be necessary to act In behalf of the Company to make,execute,seat,acknowledge and iQ deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Im w ► That the By-law and the Authorization set forth above are true copies thereof and are now In full force and effect. r W IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E Liberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting,Pennsylvania this29th day of At3riI 141 _ Q LIBERTY MUTUAL INSURANCE COMPANY r�t"is x By C l `> _� Garnet W.Elllott,Assistant Secretary 0 COMMONWEALTH OF PENNSYLVANIA as 6 IRIR COUNTY OF MONTGOMERY b On this 29th day of A01 before me,a Notary Public,personally cage Game#W.ElllgU,to me known,and acknowledged k that he is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation; and that he executed the above "2 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. a E IN TESTIMONY WH unto subscribed my name and.offixed my notarial seal at Plymouth Meeting;Pennsylvania,on the day and year first above written. . > o c, c&ear Cr reiB Pim No ry�elklt� O OF t�i�*��,Mo„ r,aryo Z V My Crarrur AQ011 Expires Mar 28 :: y f? Ze ai, �soo aaw�,r r ase '1 er sa Pittolia,Notary PQM :. CERTIFICATE 1,the undersigned,A Wsta crethi C of Lorty Mutual insurance Company;ao:trereby a rtlfiy that the original powe cif attorney of which the foregoing Is a full,true and correct copy,Is In full 6(be'and effect on the,date of:this Certificate,and l do further certify that file eitficer or official who executed the said power of attorney Is an Assistant Sepretary specially authorized by#fie>chalrman of tlrg presldent to appoirtt attorneys-in-fact as provided In Article X111,Section 5 of the By-laws of Liberty Mutual insurance Company This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duty called and held on the 12th day of March,198(1. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified carry of any power of attorney Issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as Mough manually affixed. IN TESTIMONY WHEREOF,Jtt�v hereunto subscribed my name and affixed the corporate seal of the said company,this 25th day of August __ Nd„K. :A h By ���'”a�� Da M.Carey,AtWlIgFt Secretary State of California County of Centra Costa On August 25, 2003 ,before me,Myra J.Hicks personally appeared Deborah Baker ®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 signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed Mme►I MCO the instrument. Const 012WAS Notay AWMWO County R WITNESS my hand an of fi al seal. Si a e f Notary Public ---------------------------------------------------Optional----------------------------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: Hofmann Land Development Bond 070000617 for Contra Costa County Document Date: 08/25/03 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(les) claimed by Signer(s) Signer's Name: Signer's Name: }Individual ❑Individual [�Corporate Officer Corporate Officer. Title(s): Title(s): D Partner-[Limited(General 0 Partner-❑Limited [General Z Attorney-in-Fact ❑Attorney-in-Fact Q Trustee ❑Trustee W.( * Guardian or Conservator M Guardian or Conservator (3ther: r Derrumnx Other' r is Representing: Signer is Representing: Liberty Mutual Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Contra Costa } On August 21, 2003, 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 L,rrlm6>?i 298585 th 0 NO?A�v PllcCALIFORNIA Cowl Coats County My Comm.Expfra3 march 9,2006 t. Signature i....................................... ,.... ,... ., ...................................,.i Reference: Improvement Security Bond for Subdivision Agreement--8570 Lakes I Date: August 21, 2003 Pages: 1 =rvices.- Interchange Corporate Center 450 Plymouth Road,Suite 400 Plymouth Meeting,PA.15462.1644 btrmhcr of UN-rry itutual t:mun Ph.(610)832-9240 INCREASE/ DECREASE RIDER Rider to be attached to and form a part of Bond Number 070000617 dated the 25th day of August 2003 issued by Liberty Mutual Insurance Company, a Massachusetts mutual insurance company, as Surety(the"Surety"),on behalf of Hofmann Land Development Company favor of as principal (the "Principal"), in County of Contra Costa as obligee (the"Obligee"). It is understood and agreed that the penal sum of the attached Payment bond is hereby Increased {increa edldecreased) from One Million Seven Hundred Forty Three Thousand One Hundred Flfty& no/109,1 74ncreas3,1 didecraced)Dollars, to One Million Seven Hundred Sixty Thousand Seven Hundred Fifty&no/100ths ($ 1,760,750.00***f(Dollars. This change is effective the 26th day of _August 2003 The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. DAT�D•aa.s of this 2nd day of September 2003 HoLand Deve entl Cm WpnHofmann n n r;e: DENNIS M. DREW, SECRETARY By (Seal} 9idTnnon. Senior Vice President LIBERTY MUTUAL INSURANCE COMPANY (Surety) P By: F, ..._,� (coal) ACCEPTED: Deborah B�.,, iorney-in-Fact Date: WIC-3010 Rev.05/14/01 1274293 THIS PLOWER Of'ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS; That Liberty Mutual Insurance Company (the 'Company'), a Massachusetts stock Insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN, MATTHEW J:DRUMRIGHT,DEBORAH SAKER,.ALL OF THE CITY OF CONCORD,STATE OF:CALIFORNiA ,::.... ... !.� ... �.�.. ............................... .............♦......•...................+ii. .YD,...............} ..... .Ov..�i�.............. tiYii. • ......ii i.,t..........1aVi f i..r.....e....•......v.+.............'. . ..s .!. .... ,each individually if there be more than one Hameed,its true find lawful attorney in fact tea:make,execute;seal,acknowledge and deliver,for and on Its behalf as surety and as Its act and deed,an Arte+all undertakings,bonds recognizances:and othef sure obi sgatfons Ih the penal sum not exceeding FIFTY MILUON AND 00/100** * •*:'*"�}••"'• 0OLLA tS;{$ SAS g .iMl"� 1 each,and the execution of such undertakings, bonds, recognizances and other surety obilgeons, tri_.pursuance offese presents .shall be as binding upon the Company as If they had been duly signed blithe president arrd attested by the secretary of.-the'Company:in their own ii*ar persons. That this power Is made and executed pursuant to and by authority gf the following By law anct.Authotlzatfon: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bondi'and Undertakings Any officer of the Company authorized for that purpose In writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-In-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in•fact,subject to the limitations set forth In their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: C Pursuant to Article XIII, Section 5 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and C m . deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. e That the By-law and the Authorization set forth above are true copies thereof and are now In full force and offect oa y IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting,Pennsylvania this 2M day of April d LIBERTY MUTUAL INSURANCE COMPANY 00 0 i0 IAZ- CL iw W.Elliott,Assistant Secretary .E COMMONWEALTH OF PENNSYLVANIA ss s COUNTY OF MONTGOMERY j on this 29th day of_ A121 it _, ,before me,a Notary Public,personally came Garnet W. Elliott to me known,and acknowledged t that he Is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation; and that he executed the above '2 •rli Power of Attorney and affixed the corporate seal of Liberty Mutual insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymou#�Mae ng,1'ennsyivania,on the day and year tj first above written. qa. Cr+tW ., hKtl yt? ? gyp, t2aG�n�t 5merr N y, r0PaOwfa,Notary PuNgr, OF r iy,tzuttlh, *P.,M0 nary caiHrty'. B= ' MY Gert}rfiaWon Ezstltas Mar, '. Y aiiA..(anfmJaaaoclatitnntN�tafreac Ter sa Pasteila,Notary Public: O CERTIFICATE I,the undersigned,Assistan Mary of Liberty Mutual Insurance Company 66 hereby certlfy that the priglnal poyh off'altomey of which the foregoing is a full,true and correct copy,Is In N' foci ',,and effect ort fixe odite.#t:ttils:cettff4cate;atxt:#,to further rtity that the:q€�cer or official who executed the said power of attorney Is an Assistant$ retary specially authorized he;chairman or; preskfent :€tpjaoint tfiirrzays-in-fact as provided in Article by X111,Section 5 of the By-laws of Liberty Mutual Insurance Company. V. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED twit the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney Issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and affect as though manually affixed. INT TIMON�'WHEREOF r hereunto subscribed my name and affixed the corporate seal of the said company,this 2nd day of 'eptembet Byr Clavi M.Carey,AssWt Secretary State of California County of Contra Costa On September 2, 2003 ,before me,Myra J. Hicks personally appeared Deborah Baker ®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`fit M�'?�"��������'��� `a`�'.' ►��.. : . . his/her/theidrged to me authorized capacityahe/she/they executed the same n (ies) and that by his :r /her/their signature(s) on the instrument the person(s) or the gtyap I yIC � entity upon behalf of which the person(s) acted, executed C*mmbdon#xj � Y' the instrument. °' -� ""°�°j4bA0VCwM Casty g WITLESS my hand andficial sea). Signa of lqotaiy Public ---------------------------------------------------Optional----------------------------------------------------------- Though ptional----------------------------------------------------------- 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 farm to another document. Description of attached Document Title or Type of Document: Hofmann Land Rider 070000617 Document Date: 01/02/03 Number of Pages: 1 Signer(s) Other Than Tamed Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: Individual D Individual Corporate Officer El Corporate Officer Title(s): Title(s): ©Partner-OLimited(General ®Partner-®Limited(General Z Attorney-in-Fact El Attorney-in-Fact ❑Trustee ®Trustee © Guardian or Conservator F� Guardian or Conservator D Other: Top of Thumb Here El Other Tap otThumb Here Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Contra Costa } On September 8, 2003, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared tennis M. Drew and David T. Lennon, 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. PANTEIES Comm.d 1296585 rr�� NOTARY PUBLIC-CALIFORNIA Va Contra Costa County My Comm.hPims Match 9,2o05 Signature— Reference: ignatur Reference: Increase/Decrease Rider Date: September 8, 2003 Pages: 1 y 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 corporation organized and existing under the laws of the ;Mate of California, and that the attached is a true and correct copy of a resolution duly adopted at a meeting of the Bard of Directors thereof, convened and held in accordance with law and the Bylaws of said Corporation and that such resolution is now in full force and effect. Dennis M. Drew, Secretary Date. _3 /2-4 ` 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 adopt the following resolution_ RESOLVED,that the corporation authorizes A.T. Shaw to execute, In his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 347, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous wrrttteh consent without a meeting, Dated: August 1, 2000 Kenneth a n, Director Albert T. Shaw, DI ctor ennon, Director omas A. Whalen, DI Dennis M. drew, Director Richard L. Greene, Director ACTION BY THE BOARD OF DIRECTORS OF FALLMAN LAND INVESTMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Fallman Land Investment Company, a California corporation, individually and collectively consent, by this writing, to tape the following actions, to adopt the following resolution.- RESOLVED, esolution:RESOLVED, that the corporation authorizes Kenneth H. Hofmann, Dennis M. Drew and/or A.T. Shaw to execute, in their authorized capacities, 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 bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: February 24, 2003 n inn, Director lbert T. Shaw, Director /Dennis M. Drew, Director Richard L. Greene, Director ACTION BY THE BOARD OF DIRECTORS OF FALLMAN LAND IN'V'ESTMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING They undersigned, being all of the present directors of Fallman land Investment Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes Kenneth H. Hofmann, Dennis M. Drew and/or A.T. Shaw to execute, in their authorized capacities, 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 bond agreements. This consent is executed pursuant to section 3017, subdivision (b) of the California Corporations Code which authorizes the taking of action of the hoard of Directors by unanimous written consent without a meeting. Gated: February 24, 3003 Kenneth H. Hoffmann, Director Albert T. Shaw, Director Dennis M. Drew, Director Richard L. Greene, Director 7/17/03 FATCO$42 €3570 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-'Tax Collector Finance Building,Room 100 P.o. Box 631 �"`ry/-� Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell {925}646-4135 FAX �"JJ "rax operations Supervisor i Crate: 7/17/2003 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. 8570 BYRON 72038 Parcel#; 011-240-001-5 015-160-001-2 015-160-402-0 and have determined from the official tax records that there are no unpaid County taxes heretofore leviers on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is $110,400.00 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 hector 4�ZL�60 PRINCIPAL TITLE COMPANY SURETY Hofmann Land Development Co.First American Title Company 1380 Galaxy Way 1355 Willow Way,#100 Liberty Mutual Insurance Compan Concord,CA 94520 Concord,Ca 94520 1 Front Street, Ste. 870 ATTN.:Robert Henry Attn.:Ellen Hole San Francisco, CA 94111 Phone#925-6824830 Phone#925-356-7038 415 782-8179 Tax Year 2003-04 File#718571 Bond No. 070000620 Premium $994 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned, as principal and (Surety)Liberty Mutual Insurance Company , a corporation organized and existing under the laws of the State of Massachusetts , and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of One hundred ten thousand four hundred and 00/100 Dollars g110W,400.00),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, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Sealed with our Seals and dated this 25th day of August 2003. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to record a subdivision map entitled Subdivision 8570,The Lakes at .Discovery Bay,Lakes 1 and covering a subdivision of a portion of land in said County of Contra Costa and there are certain liens for takes and special assessments collected as taxes, against the said tract of land covered by said subdivision map,which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal, shall pay all of the taxes and special assessments collected as taxes which are a lien against said portion of land covered by said subdivision map, at the time of the recording of said subdivision map of said tract, then this obligation shall be void and of no effect,otherwise it shall remain in full force and effect. HOFMANN LAND DEVELOPMENT Liberty Mutual Insurance Company COMPANY, a California corporation S. By. Principal ��: �,-�:� Surety DATE. Deborah Baker, Attorney-in--Fact BOND REVIEWED AND APPROVED CONTRA COSTA COUNTY TREASURER - TAX LECTOR By., "'� 'c2A� NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMC-6539 2/03 1274281 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock Insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW-Ji.-:DRUMAIGHT,DE TORAH 13AKER,ALL OF THE CITY OF CONCORD,STATE OF..CALIFORN A ...... ...... . ,.,,..., +...... ..... ........3 K .:;.:: .,......................................... ..................Yx.......+......+..+.Y4K iY.K._..+.........Yi.,.i3+.+..., k.YY.i..+....e.....K Klu"t+��t+..+....}i.'ti*T .Y.ssY yi j..,x:. +.x,4K?;t KArx..........x ...........xxvx,.- each indivldually it there be mors thdn one named,its true and lawful attomay Rr fact to m6ke,exeo*' seat,acknowledge and deliver,for and on its behalf as surety and as Its act and dgwd an+ar d all undertakings,bands, rscogn "Wi tzances other sure obli attorls Ift4he penal sum not exceeding FIFTY MILLION AND f)NfSO•+"""*+**••«: «.*.. 00 LLAKIB'( Woo ,Bf1t} «+""•" )each,and the execution of such undertakings bands; rerxagritzances and-other surety obllgstlt�ris Irt:pursuanc of these presents,-shall be as binding upon the Company as if they had been duty signed ,e pr9s1dsrd hd.attest&d by the retary of tile:Cc mpany'Iih their own proper persons. That this power Is made and executed pursuant to and by authority of the:ft►lowing By IoW aritt:Autho'rP%atton, ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings: Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth In their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be sy as binding as If signed by the president and attested by the secretary. C By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: C Pursuant to Article X111, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company,Is hereby authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and C deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O Im V) w 0 That the By-law and the Authorization set forth above are true copies thereof and are now In full force and effect. 99 IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of ADMI t L ?SI3 LIBE,'RTTY�MUTUAL INSURANCE COMPANY 316 yl Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY L On this 29th day of A01 2£lC}3 ,before me,a Notary Public,personally came Gamet W. Elliott.to me known,and acknowledged O C that he is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation; and that he executed the above ai Power of Attorney and affixed a corporate seal of Liberty Mutual insurance Company thereto with the authority and at the direction of said corporation. ' IN TESTIMONY WH .,? unto subscribed my name and.affixed my notarial seal at Plymouth.Meeting,Pennsylvania,on the day and year tis C first above written. ». > �rtt cs0a� r tV ., ToWs Pa6wla,wry t�u�di O O OF [ya v 7 .,Mo gorvwy+caw,ly ." p Z v My Cararnies9on rireE Mar.28 ? kLsmnes , a „ ,�,r, Ter ea P.13ist8lla,Notary Public. ir< CERTIFICATE ~"� +4 1,the undersigned,Assistan retary of Deity Mutual insurance Company.do hereby"60i*. that the prlginal powi�s of attorney of which the foregoing Is a full,true and correct copy,Is in fult4o' '-.,And effect on the date of;thls: ltlflcate;aril:t:do further csrtity.tha�t tiva afffc er or official who executed the said power of attorney Is an Assistant orotary spedally authodisd tiryitte`chairman or:ths:'presidont tis:rsp '#, 4ticimsys=ln-fact as provided In Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duty called and held on the 12th day of March,1950. VOTED that fhs facsimile cr mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney Issued by the company In connection with surety bonds,shall be valid and binding upon the company with the samo force and eftect as though manually affixed. INT STIMONY WHEREOF,�1 ye hareunto subscribed my name and affixed the corporate seal of the said company,this 25th day of �ugust 3 ..,, Byr 4 Dav,16 M.Carey,Assigt§Ft Secretary