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Home My WebLink AboutMINUTES - 08142001 - C.21 Je Cal THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on Augustl4,2001 by the following vote: AYES: SUPERVISORS GIOIA, DESAULNIER, GLOVER, GERBER, AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2001/375 SUBJECT: Approve the Road Improvement Agreement for Point of Timber Road, RA 1110 (Subdivision 8023) being developed by Hofmann Land Development Company, Brentwood area. The following document was presented for Board approval this date for Point of Timber Road, road acceptance file RA 1110 (Subdivision 8023) located in the Brentwood area. A Road Improvement Agreement with Hofmann Land Development Company, developer, whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement.Improvements generally consist of road widening and placement of curb,sidewalk, street lights and drainage improvements along the north side of Point of Timber Road, from Bixler Road, easterly. Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: V. Cash Bond Performance Amount: $2,800.00 Deposited by: Hofmann Land Development Company Auditor's Deposit Permit No. and Date: DP 371353, July 11, 2001 Taxpayer I.D. Numbers: (Federal 68-0419482) and (State C2118258). G:\GrpData\EngSvc\BO\200l\l3O 8-7-Ol.doc JD:lap I hereby certify that this is a true and correct copy of an action Originator. Public Works(ES) Contact: Rich I.ierly(313-2348) taken and entered on the minutes of the Board of Supervisors cc: Pubic Works- R.Bnmo,Construction Current Planning,Community Development on the date shown. T—6-7-02(N) Hofmann land Development Company Atm: Mr.Henry ATTESTED: August 14 . , 2001 P.O.Box 758 Concord,CA 94522 JOHN SWEETEN, Clerk of the Board of Supervisors and The American Insurance Company One Market Plaza County Administrator Spear St.Tower San Francisco,CA 94111 By �� , Deputy RESOLUTION NO. 2001/375 SUBJECT: Approve the Road Improvement Agreement for Point of Timber .Road, RA 1110 (Subdivision 8023) being developed by Hofmann Land Development Company, Brentwood area. DATE: August14,2001 PAGE: 2 VI. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 11141714052, July 24, 2001 Performance Amount: $281,300.00 Labor&Materials Amount: $142,050.00 Principal: Hofmann Land Development Company NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2001/375- 1, _ 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 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: August 1, 2000 KennettNAIW Van, Director C'L ' Albert T. Shaw, Di clot ennon, Director a. elK-24�2__ om7Wha leZDI Dennis M. Drew, Director Richard L. Greene, Director . j CERTIFICATION OF SECRETARY I, Dennis M. Drew, do hereby certify that I am duly elected and qualified Secretary and the keeper of the records and corporate seal of Hofmann Land Development Company, a California corporation organized and existing under the laws of the State of California, and that the above is a true and correct copy of a resolution duly adopted by the Board of Directors thereof, and that such resolution is now in full force and effect. Dennis M. Drew, Secretary Date: Bond: 11141714052 Premium: $2,532.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on, or along P,,e�of T„xbB--Rosa( to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. J 2. OBLIGATION: f1&7t^4,1A LQ,-Ld Z�C0velop,,ceo-+ tor,. any ,as principal,and THE AMERICAN INSURANCE. COMPANY , a corporation organized existing under the laws of the State of Nebraska , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance: Two gonclredorte-TA 00--sCLA ,a-4dTkiret Hytd,red Dollars ($ a8 I� 300. °o )for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: One Nyndr'ed Fo� r.�o7koosa>tJ a►1ot F;ffi . .Dollars ($ /`f Z O 5-0- -!!-0 ) to secure the claims to which reference is made in Title 15 §§ et seq. 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, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said `- agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intern 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(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 agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. F Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the.County shall relieve any Surety from liability on this bond; and consent is hereby given to 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 action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on July 24, 2001 HOFMANN LAND DEVELOPMENT COMPANY THE: •AMERICAN INSURANCE COMPANY PRINCIPAL: SURETY: Address: P.O. Box 758 Address:One Market Plaza, Spear S Totter Cit Concord, CA 94522 Cit Sa Fran co, CA �4 11 Y� Y�l _ � By: By: j Print Name: 7 SHA cf Print Name: Kathleen B yant Title: p R 1'Q et)�7 Title: Attorney-in-Fact :mW \\PWSI\SHARDATA\GrpData\EngSvc\Fomis\BN WORMBN-9.doc Rev.June 17,1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 24, 2001 before me, Bernice Elizabeth ONeal, 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 BERNICE ELIZABETH ONEAL� a. = COMM. 1189793 Lu NOTARY PUBLIC-CALIFORNIA U ° CONTRA COSTA COUNTY My Comm.Expires June 11,2002 ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� OPTIONAL ■■r�rrrrrrrrrrrrrrrr�rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� 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 SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY rt FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Attorney(s)-in-Fad,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof ____________________________________________ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be 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 WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed this 25th day of September 1998 . �'�YcO �.r1 ENAN'S t►YERr�4, r^ "• FIREMAN'S FUND INSURANCE COMPANY R ear r ` G t��o•�e.e,7y rF'dst "'w NATIONAL SURETY CORPORATION '' —•—'•�: THE AMERICAN INSURANCE COMPANY Z arrr.amm –y a• • • 3 s E w E.':s`__ ASSOCIATED INDEMNITY CORPORATION Q a 'etZ.- _ `S` *`` AMERICAN AUTOMOBILE INSURANCE COMPANY 1444 By STATE OF CALIFORNIA } vac Presiaem COUNTY OF tNARIN ss_ J On this 25th day of September 1998,before me personally came M.A Mallonee to me known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said. Companies;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 his name thereto by like order. IN WI'T'NESS WHEREOF,1 have hereunto set my hand and affixed my official seal,the day and year herein first above written. L OCAMPO i Commission# 1163726 -d Notary Pubrc-Colifomi a Morin County MyCoam Bipires Nov2B,2001 Hoary Public CEIiTIFICAT'E STATE OF CALIFORNIA COUNTY OF MARIN 1,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore 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, are now in fora. Signed and sealed at the County of Matin.Dated the 24th day of July 2001 . _(�GTYG`Q •tY•�ry lM/.N S fG t•�''a,�wi4'I v am wo �•,plty r` •.a."`..••�u 'GP�!t Grp !� c-�'•I•�/!�� A'CE Com N�MeE ep� lJ(Oy6'� RcideN Anhuw SmNary 360789-11-98 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On July 10, 2001, 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(s), or entity on behalf of which the person(s) acted, executed the instrument. ------------ WITNESS my hand and official seal D. PANTELES Comm,b 1296585 /n N NOTARY PUBIIC-CALIFORNIA N Contra Costa County My Comm.Expires March 9,2005 Signatur_� "� ......................................................... ................. .... .............. Reference: Improvement Security Bond — Road Improvement Agreement Date: July 24, 2001 Pages: 2 COUNTY OF CONTRA COSTA r t7 DEPOSIT PERMIT • •OFFICE OF COUNTY AUDITOR-CONTROLLER• l/ TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER �J�0 (Qgari-ti—j r z �/'� 3 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT Sa�/e oil 4a S c o1717.31 o 7 I 2 2/y cxz 5 I Q // oF1) U•a� 00 �(•c_ L /�-�-/77L /VOr be_I' 7�L ��o� �t�l(,�D 9 f b ��o�'J i 739 9��! 907i 7 Ti f`�.0 q66 ga/4 o-0 n sly' gU : I tj EXPLANATION: TOTAL $ /0-52 _ p5- DEPOSIT /W1 gja .01 Deposit consists of the following items 1 �F v 7 COIN and CURRENCY $ 3.3•� D /, CHECKS,MO.,ETC. $ �O-3 �� •4J 7 t `%��-� r BANK DEPOSITS $ r / r`' FOR AUDITOR-CONTROLLER USE ONLY T T V a V DEPOSIT PERMIT DP P DA E 71353 JULI I '01 ASSIGNED The amount of money cles6ibed above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Date Signed )A or J1s'�...IQ- / ' , rL 't ; j f a Signed: (le ,1. i Signed: �)()(� Title: �YrT.,,3— Deputy o my Auditor � Deputy Count Treasurer )-34 REV.(7-93) ' /� �� a //�Gc �I7*� r Trust Fund 831000-0800 Total $82,193.00 /�� a e—oc� - G ip. 9C-65 . (�'u`�`� G#1059722 RAI 109 Road Acceptance Performance Bond (Inspection for Deposit) 39,603.50, Tax Payer ID 68-0419482, State C2118258, Hofmann Land Development Co., 1380 Galaxy Way, Concord, Ca 94520 G#1059723 $$16,271 .50 RAI 110 Road Acceptance Performance Bond, (Inspection for Deposit) Federal Tax ID 68-0419482, State C2118258, Hofmann Land Development co., 1380 Galaxy Way, Concord, Ca 94520 G#1059715 $26,318.00 Sub 8563 Improvement Plan Review, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 Trust Fund 819800-0800 Total $ 18,800.00 G#1059723 $2,800.00 RAI 110 Road Acceptance Performance Bond, Taxpayer ID 68-0419482, State C2118258, Hofmann Land Development co., 1380 Galaxy Way, Concord, Ca 94520 G#1059722 $8,000.00 RAI 109 road acceptance performance bond, Tax ID 68-0419482, State C21. 18258,-Hofmann Land Development Co., 1380 Galaxy Way, Concord, Ca 94520 G#1059721 $1,700.00 Subdvision 8023 Landscape Performance Bond, Taxpayer ID 68-0419482 State C2118258, Hofinann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 G#1059724 $6,300.00 Subdivison 8023 Off-site Drainage Improvement Agreement, Tax ID 68-0419432 and State Tax ID C2118258, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA. 94520