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RESOLUTIONS - 01012005 - 2005-686
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, (CALIFORNIA Adopted this Resolution on October 25, 2005 by the following vote: AYES: Gioia,P'iepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None A13STAIN: None SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Oasis' Drive RA 03.01144,Subdivision 01-08570,Discovery Bay area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Improvement Agreement between Hofmann Land Development Co. and the County for construction of certain improvements in RA 03-01144, Subdivision 01-08570,in the Discovery Bay area, through September 23 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: November 2005 ♦ REASON FOR EXTENSION: Completing deficiency punch list items. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken' JD-rm and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvo1Bo12045\10-25\RA 03-01144 BO-1l.doc shown. Originator, Public Works(ES) ® �--,f�» Contact: S.Gospodcliikov(313-2316) ATTESTED, l:I'tl' X-elir 4G -&'Ot4r cc: Public Works-T.Bell,',Constntction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Adnvnlstrator T July23,2446 Hofmann Land Development Company P.O.Box 758 Concord,CA 94520 t , Liberty Mutual inatuance Co. By r 'Deputy One Front St.,Suite 1925 San Francisco,CA 94111 RESOLUTION NO.2005/ � �+ CONTRA.COSTA COUNTY ROAD MMOVEN MT AGREFNZN'T EXTENSION Development Number: RA.03-01144(cross-reference SD 01-08570) Developer: Hofmann Land Development Company Origianul Agreement date: September 23,2003 Second Extension New Termination Date. September 23,2006 Improvement Security Surety: Liberty Mutual insurance Company Bond No.(Date): 070000618(August 21,2003) Seco tv T-ue sSmurity AWRAJ Cash: S 15,800.00(1%cash,$1,000 Min.) Bond: S 1,567,800.00(Performance) S 791,80fl.00(Labor,&Material) lbo DeveloW and the Surety deaim this Aguv=t to be extended through the above date;and Contra Costa County acid saidam owledge se, 13ated� � � DatedSeptember 192,005 �-- FOR CON PA COSTA CC}MY Developees S goatum(s) Nlauricc 3hi' blitUmks Dincctor 1-10mann Land Development Company BY Painted - Developees Signature(s) RECO=FOR APPRa'VAL. r By: G Printed (Eagiueering S °on Division)' Address Liberty Mutual insurance'Company (NOTE: D"doper's, Surety's and Financial Surety or Futancial hm itotioan' tnslLOrtlyI"s3igr ra must beNwariud) One Front Street, Suite 1925, San Francisco, CA 94111 A is Signature Vivian Go4ton,Attorney-in-Fact Printed CALWORNIkA ALL-PURPOSE ACKNOWLEDGMENT 11 State of California ss. County of i' On S40tCrl111 /Milf, iX,)Wr before me,&*A ` ''r. ,,400, df Date Name and Tale of officer(e.g.,"Jane Doe,Notary Public's personally appeared ��++ Name(s)of Signers) ersonally known to me proved to me on the basis of satisfactory evidence to be the 'person(s) whose name(s) is/are subscribedto 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 �.. � 0 the entity upon behalf of which the person(s) 11 comm.*1351891 oa i0. f4mm-Y,Puoue.cwIrOpt ► 'o acted, executed the instrument. � t4ty4Dml A%I e WITN�myhandnd official seal: i .t� Signature of Notary Public � OPTIONAL ' Though the information below is not required by taw,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: tt �tC. G s Document[late: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: - I E3 Individual Top©r thumb here ❑ Corporate Officer—Title(s): ❑ Partner--❑Limited G General ❑ Attomey-in-Fact ❑ Trustee 11, ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01993 National Notary Association•9350 De Soto Ave.P.fk Box 2402•Chatsworth,CA 91313-2402•www.NaldnalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-976-6827 ACTION BY THE BOARD OF DIRECTORS OF HOF MANN 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 fallowing 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 tolhe approval of tentative and final subdivision maps,and any and all documents related to land improvement agreements, stich as subdivision agreements, and any and all bond agreements. This consent is executod pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the faking of action of the Board of Directors by unanimous written consent without a meeting. Dated August 1,;2000 Kenneth a n, Director r Albert T. Shaw, D IlDwor ennon, Director o as A, Whalen, Di Dennis M. Chew, Dlrectrtr Richard L. Greene, Director MIS POWER Of:ATTORNEY ISNOT VALID UNLESS IT I BACKGROUND.ON RED BACKGROUN1678270 This Power of Attorney ltmlt$the acts of those named herein,and they have no authority to hind 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,doses hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN, AT't`F�W J.�Iki1Ft�,ICA'C#4�.aN SLCi�,1t11�1�Git?�' T�3[wl,ALL OF THE CITY OF 0014Ct ,STATE CALIFORNIA,. ......... .... ......:... each Individually If there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,•acknowledge and deliver,for and on its � behalf as sure and sells act and deed,am and all undertakings,bonds,recogr zances and other sure obfi ations In the,penal sum not exceeding... PfFTY M11.,l ; Alii I�,1l ***w#wrrwwww www,twww DOLLARS 50'OCIt}[ ,' *�`ww� ( r s 1 each;and the execution of such undertakings, bonds, recognizances'and other surety obligations,in pursuance of these presents, shall be as binding upon the Company as If they had been duly signed by the president and attested by;the secretary of the Company in their own proper persons. That this power Is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE Xtll-Execution of Contracts:Section 5.Sursty 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,shat€appoint such atttrmeys-fn-fact,as may be necessary to act In behalf of the Company to make,I � execute, seal, acknowledge'and deliver as surety any and all undertakings, bonds, recognizences and other surety obligations. Such � attorneys-in-fact,sU,bJ :t to the limitations set forth in their respective powers of attorney,shad have full power to bind the Company by their � o signature and execution of any such Instruments.;and to attach thereto the seal of the Company. When so executed such Instruments shall be 0 as binding as If signed by the president and attested by Me secretary; By the following instrument the chainnan or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: C Pursuant to Article XI 11,Section 5 of the By-Laws, Garnet W. Elliott,Assistant Secretary of Liberty Mutual Insurance Company,is hereby, � authorized for appoint such attorneys-In-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowiedge and deliver as safety any and all undertakings,fronds,recognizances and other surety obligations. IO 4) That the Bylaw and the Authorization set forth above are true copies thereof and are now in full force and effect. }. IN wtTf4ESS WHEREOF,this Power of Attorney,has been subscribed by an authorized officer or official of the Companyy and the corporate seal of Liberty Mutual insurance Company has been affixed thereto In Plymouth Meeting,Pennsylvania this' 9th day of l=ebruarL LIBERTY MUTUAL INSURANCE COMPANY Byn+z a Garnet W.Elliott,'Assistant Secretary a sy COMMONWI ALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY � tip Cin this 21h day of Eaboilla ,before me,a Notary Public,personally came Galt W. E Nott',to me known,and acknowledged' �' tt►' 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 . O 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 oto subscribed'my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year � I v first above written. o o ?W. < +.• > Ct Notanat Seal OF t 1}m,ou4t!rv✓p.+Wn.,90invy Gucmty riAy comm sZ10r)Expires May?.E4 20 By M�m€3os,Perv+sytrsxrna A�sa::�it#rre rf P!n#+ar�`i Tk'�AsaP stellae Notary CERTIFICATE try F I,the undersigned,Assistant retary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a#ull,true and correct copy,'is in full force anl effect on the date of this certificate,and I'do further certify that the officer or officialwho executed the sald power of attorney is an Assistant Secretary'specially authorized by the chairman or the president to appoint attorneys-lin=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 duly called and held on the 12th day'of March,1950. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing.upon a certified copy of My power.,of attorney Issued by the company lin connection with surety bonds,shall be valid and binding upon the company' with the same force and affect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seat of the said company,this 19th day of f By t 4 ` m., ° t3avi M.'Carey,Ass Secretary State of California County of Contra Costa On September 19, 2005 before me,KathIcen A.Bock personally appeared Vivian Golston ZPersonally known to me or-❑proved to me on the Basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that tie/she/they executed the same in his/her/their authorized capacity (ies) and that by his int /her/their signature(s)on the instrument the person(s)or the 1M3M entity upon behalf of which the person(s) acted,executed the instrument. WITNESS P>y hand and official seal. Signature of Notary Public ---------------------------------------------------Optiontd- - - -- - - - -- -- --------- - -- -- - Though the information below is not required by law, it may prove valuable to persons relying an 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 Company RA 03-01144 Road Improvement Extension Bond No. 07€3000618 Document Date: 09119/05 Number of Pages: '1 Signer(s)Other Than Named Above:'' Capacity(les) claimed by Signer(s) Signer's Dame: ❑Individual ('Individual ( Corporate Officer (�Corporate Officer Title(s): Title(s): [3 Partner-OL.imited'❑General Q Partner-OLim ited[]General ❑ Attorney-in-Fact Attorney-in-Fact Trustee [�Trustee ❑Guardian or Conservator Guardian.or'Conservator0 Other : Top of Thumb Here Mother: _ Top ofThumh Here Signer is Representing: Signer is Representing: z suranee C2Many Signer's Dame: Liberty Mutual Surety Bond Number 070000618 NOTICEFROM 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'Mutual Surety (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'. LMIC-6539 11115/04