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HomeMy WebLinkAboutMINUTES - 09232003 - C.16 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UIL FMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT. NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 567 fl�IMI SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8570,being developed by Hofmann Land Development Co., Byron area. (District IIT) 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. II. 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 taken and entered on the minutes of the Board of Supervisors Originator-Public Works(SS) on the date shown. Contact: Chris Lau(313-2243) CL:rnt Cs:1GrpData\EngSvc\130\200319-23-031SUB 8570 S0-21,doc cc: Public Works-T.Bell,Construction Cunt Planning,Cotrmunity Development ATTESTED: SEPTEMBER 2.3, 2003 HJune 23, .f mann La Land Deve€opntettt Co.zoos JOHN SWEETEN, Clerk of the Board of Supervisors and Hofmann Bob Henry County Administrator 1380 Galaxy Way Concord,CA 94522 Liberty Mutual Insurance Company Deborah Baker I Front streets Ste.870 By — ,Deputy San Francisco,CA 94111 RESOLUTION NO.2003/ 567 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8570,being developed by Hofrnann Land Development Co.,Byron area. (District III) DATE: September 23, 2003 PAGE: 2 A. Gash 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 reap 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: • Tux 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 does 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. 200.3/567 SUBDIVISION AGREEMENT (Government Code 666462 and§66463) Subdivision: K. ,`'� I - - --- Principal e a-`,�� �,.. i �° t ,E> ', `r Effective Hate: 3 Completion period: i year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director f. �, C�i� �`c 1�,fE.E�.+•...,.` '•`'`< ,+s,�,,�.._.;�•. (sigssatum} K✓`. � s:. �r�,. y: .-..-t (Prim flarr�&ntk} _ RECOMMENDED OR PROVAL s'}` 1 E{ t yfv r Ijy; ;�. ../ iff "'•� (sigs5fitt;rt) _ _ S Berm ervlceS t is on (Print name&title) PtQRM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged, If Principal is incorporated, signatures must conform with tate designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&,UATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County°and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. LMMO VEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code;provide as security to the County: A. For Performance and Guarantee: $ tea, i#4 ` ' cash,plus additional security,in the amount $ j,'-t n ':n` IO which together total one hundred percent(100°1x)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. _X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. Por Payment: Security in the amount: $ t+'Y' which is fifty percent(50°1%)of the estimated cost of the work. Such security is presented in the form of: 11760)Ise 00 Cash,certified check,or cashier's check X; Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Hoard of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with §94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORD, Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK.. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete, 6. IMPROVBMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision, If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7, NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damrrages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A, The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,propertydamage,inverse condemnation,or any combination of these and regardless ofwhether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. IL NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the ever,',County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemnenity)shall continue to apply in favor of the indemnities listed in paragraph SA upon any such incorporation of annexation. 13, RE QRD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL:JD:tad GAGipData\BngSvc\Famus AG WMAAG-30.doc Rev. Omba 25,200 f ............­­.­­­....... ..............11.11........... ................. ............ 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 01� PANTELES M Gm.##1296565 8 1 NOT4,RY PUBLICUBLIC-CALIFOLIA Coats Couq Y conlr6 �tq Costs Comy '2005 4Y Comm,, Expires Muc h 91 2005 Signatu ................ ........................................................ Reference: Subdivision Agreement 8570 Lakes I Date: August 21, 2003 Pages: 1 w. e> tcc Y r+ ' S 1h 1 4✓ d w � N "$ tv W�Try@ CoQ& x,��'�•�• � job � F V�' NM ^r +2x o a 0 lit " -a ' png � t ss CI,> l � t 80 % 03 ` " Olinm �, a= st J Ix tit is vn n " -. W2 r I 4 1 . { � � MM -< h =AoV r W � k ta Ut �. Wit LW. Cy=S' �ja y� GFj Hy 6��3. 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LJ L21 25 I CLO Ltl -,�, a f � ~52.13 a . � �„ � u � h�„� 'zs �saya'27���22•� h 4,142 `s L-4 I nLLI m,»' ^� 1 � �",n�a'�. � .�w s• w� Nay CC `fi 52.D5` J MOW >t Sit ' .� 1 N$a'25'S2"E CQ'bZ I ol ,rs'ssz 05ztr M.9ZAWN } w x fig Xj M cr w ,ZZ'96l M�«bS,L5.8SN ,L6'flSt M,£S,9£.L6N „� +._I..... _.. ._._._.�—�'LS'4SZ M.C£,8£�LeN `—.fk�S M.8SL5.88N ..._—_...— —— I —` _ — — _....,..� ._..—— 4 e 3 g ig N 4 t Ip m DEPOSIT p1amill OFFICE Of COUNTY AUDITOR-CONTROLLER ✓�, �� � . `TO THE TREASURER: MARTINEZ,CALIFORNIALj RECEIVED FROM ORGANIZATION NUMBERr (For Cash Collection Procedures see County Administrator's WWtin 105.) DESCRIPTION FIA D/0RG TASK OPTION ACTIVITY AMOUNT ACCT l ;03 fay tI � AA S 3f I- I L 1 5 1 1 1 1 1 t I I ti 11 1 L 1 1 d t 6 EXPLANATION: TOTAI $ # 7rr- f� � �, [ - Deposit consists of tIe following i�IL ; COIN and CURRENCY S CHECKS,kO,ETC. BANK DEPOSITS $ } t , FOR AUDITOR-CONT19 OM LY 96 i cy , c' PE PO AX28 t q I.3 f; r.,,, elk-,����3 NUMBER DATE f/ ! t f 1 t I t= � ASSIGNED The amount of money described above is for Tress p#+�f unt is a►s roved. Receipt of above amount is hereby deposit into the Comfy Treasury. � ac ledged. Signed: L,SW Tilrr 16 AL V L'_PL EXT. y: 3 `t Deputy Cowsty Auditor Deputy County Tmosum D-34 REV.{7-43) C"6) OFFICE OF CC i Y AUDITOR-CONTROUER 'TO TI TREA MER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER �All, ��C� y (For Cosh Collection Procceckm we County AdminishntWs Bulletin 105.) DESCRIPTION FUND/ORQ �� TASK �OFTION ACTIVITY AMOUNT "W # f � D ' d. 3. 4 6 l5t4a7W i ' f # 98Ado I 1 6 �#L- 65000 # f } i # } # } i i i # fill # } # EXPLANATICtN: TOTAL $ } DEPOSIT # Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.Q.ETC. $ SANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT f}c PERMIT pp NUMBER C DATE . I ASSIGNED The amount of money described ob"is for Tmosuyw s receipt of above amount is approved. Receipt of above orn`p&t is hereby deposit into the County Trecrswy. ad( dged, C. f Date Tttl v IJ-4 ExT.3 V- � Deputy County Auditor Deputy county Treasurer w s 0649-9665 / 8310000: 61120740, $424,0,x, MS 53-90, Additional Minor Subdivision Inspection Improvement Deposit, St. Germain Construction, Inc. 4016 Medford Ct. Martinez, CA 94553 0649-9665 / 8310000: 61120734, $500. RS 2824 Record of Survey Deposit, job 0329, Wayne C3. & Shelia A. Mac Donell, 71 Donna Maria Way, Qrinda, CA 94563 0649-9665 / 8310000- G1120735, $200.00, RS 823, 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- G1120739, $74,762.00, RA 1144, Road Acceptance Inspection, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198.0800: 61120736, $35.215.00, Sub 8570, Guarantee of Performance (Bored), Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522, 8198-0800: G1120737, $6,000.013, Sub 8570, Guarantee of Performance (Bond), for Drainage Improvement Agreement, Huffman Land Development Co, 1380 Galaxy 'Way, Concord, CA 94522 8198-0800- G1120738, $38.750.00, RA1121, Performance Cash Bond, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198.0800: G1120739, $15.800.00, RA 1144, Performance Cash Bond, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 0682-9752 / 819200: 61121203, $6501.00, SR4 grans Permit, 6r4tp 6x4409, ADK Permit Service, Inc., 127 Camellia Way, Modesto, CA 95354- 2814 Subdivision. J- --- Bond No.: 070000617 Premium: $31,694 IMPROVEMENT SECURITY BOND FOR SUBDIYMSION AG EMENT (Performance, Guarantee,and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 85—/0- __, as specified in the subdivision agreement and to complete said work within. the-time specified for completion in the subdivision agreement,all in accordance with State and local laws r and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map,for said subdivision. 2. OBLIGATION: ��f rte: ���� � �� �� €��::�� «,�t°�� =��.€� ��.��€ >�� a°,� as principal and Liberty Mutual Insurance Company . a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa,, California to pay as follows: A. Performance and Guarantee :iiaEse " z c s:NY ORE-0 ': y1 V 'w Dollars ($ 4 E �ro ' t_l >`R". ) for Contra Costa County or any city assignee under Y} the above County Subdivision Agreement. B. Payment: ,- —-q; , "�, Dollars ($ to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of California. 3. CONDITION• A. 1"he 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 agre.ement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their 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 hall and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore;there shall be included reasonable costs, expenses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with .respect to such work or labor and that said surety will pay the same in an amount not.exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and-the County of Contra Costa(or city assignee) shall relieve the surety 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 itself bound without regard to and independently of any action against the principal whenever taken. SIGNEWAND SEALED on August 25, 2003 Hofmann Land Development Company s' PRINCIPAL: � SURETY: Liberty Mutual Insurance Company Address: t� _ Address: 1 Front Street, Ste. 870 City - City: �i��' _��� ==�...e.Zlp: `'� � San Fra Isco CA Zip: 241.1Y By: C a� .� 1 A By: '� - w f Print Name: . °�'° Print Name: Deborah Baker Title: iL Title: Attomey-in-Fact Mmwlap GAGrpDaWEn&Svc\Fom%sl8N WORDIBN-I2.doc Rev.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 bands on which one or more of the fallowing 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 farms 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 ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LINAC-6539 2/03 1274276 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS, MICHAEL G.HOGAN, MATTHEW J.DRUMRIGHT, DEBORAH BAKER,ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA,. ..... ...... . ..... ........................................... ......................................... ....................................... ....... ..U.................................. ...• ..... . .............. ............. each Individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 01�#08****'�*�'*�«**'" ,"'* DOLLARS($ 50,00,0 f00 **� )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 duty signed by the president and attested by the secretary of the Company In their own proper parsons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: 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 10 attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be ru 0 as binding as if signed by the president and attested by the secretary. .SC 4 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: st + C �t r_ Pursuant to Article XIII, 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 r deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. H ? ss That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seat of O Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania#his 25th day of April cn OC O.Y LIBERTY MUTUAL INSURANCE COMPANY &.41 G ' By .. C ns .yF Garnet W,Elliott,Assistant Secretary 2 o COMMONWEALTH OF PENNSYLVANIA ss e Rs u) COUNTY OF MONTGOMERY C C C On this 22th 22tday of April 2003 , before me,a Notary Public, personally came Garnet W. Elliott,to me known,and acknowledged A �+ O 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 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. � les IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written_ n {' �j oda Uu G `rare.t't�x r r t , (� O P:y€rw€a9h dvrr Fri.*, € c.sy C� ��f+r By C i Z t) h4�r G a^n t t�Y. b . C 6 tr Notary Ter sa Pastella,Nota Public 01— CERTIFICATE its I° 1,the undersigned,Assistan cretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and f do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. i 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,1980. VOTED that 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 effect as though manually affixed. IN TESTIMONY WHEREOF, by hereunto subscribed my name and affixed the corporate seal of the said company,this 25th day of August y By r i DaviA M.Carey,;kssid6i Secretary State of California County of Contra Costa On August 25, 2003_....before me,Myra J. Hicks personally appeared Deborah Baker ZPersonally known to me -or- Oproved 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 —,,,M,,,,—,,,,—,,;�;, entity upon behalf of which the person(s) acted, executed a MYVA J.� the instrument. Akrnada may' WITNESS my hand arid.offi*liseal. eIr i , Seia4relofNotary Public ---------------------------------------------------Option al----------------------------------------------------------- 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: 08125/03 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ® Individual Corporate Officer ❑ Corporate Officer Title(s): Title(s): F] Partncr-[]Limited❑General ❑ Partner-[Limited❑General ® Attorney-in-Fact 0 Attorney-in-Fact ❑TrusteeQW El Trustee Guardian or Conservator F-1Guardianor Conservator t: Other : Top of Thumb Herc F-1 Other : Top of Thumb Here Signer 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 TELES siolaHY PWS lC-CAIIFOWA i Contra costa County 00° €w aMr, xpitua March92005 Slgnature � Reference: Improvement Security Bond for Subdivision Agreement—8570 Lakes I Date: August 21, 2003 Pages: I Liberty Interchange Corporate Center 450 Plymouth Road,Suite 400 Bond Services,. Plymouth Meeting,PA. 19462-1644 Ph.(610)832.8240 ;%-Mhcr of IAX-rty Mutual(iron; INCREASE / DECREASE RIDER Rider to be attached to and form a part of Bond Number 070000617 , dated the 2.5th day of August , 2_0003 issued by Liberty Mutual Insurance Company, a Massachusetts mutual insurance company, as Surety(the"Surety"), on behalf of Hofmann Land Development Company as principal (the "Principal"), in favor of 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 (increasedidecreased) from One Million Seven Hundred Forty Three Thousand One Hundred Fifty&no/109911,743,150.00—tDollars, to One Million Seven Hundred Sixty Thousand Seven Hundred Fifty&no/100ths ($ 1,760,750.00*'*7lDollars. This change is effective the 25th day of AuQu t 2003 The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. DATED.as of this 2nd day of September 2003 Hofma.nA Land Deve pmenr'Com anme n t Company.. Prin s (Seal) DENNIS M. DREW, SECRETARY id T. Lennon e: Senior Vice President LIBERTY MUTUAL INSURANCE COMPANY (Surety) t Deborah Baker-,-Attorney-in-Fact ACCEPTED: Date: UAC-3010 Rev.051'4X I 1274293 TATS 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 J.DRUMRIGHT, DEBORAH BAKER,ALL OF THE CITY OFCONCORD,STATE OF CALIFORNIA. ............... .. .......... ......... ......... ...... .. ................. : .................................... .......a •................•......•. ..... • ...•.•....• .................................................... .f....................................... each individually if there be more than one named, its true and lawful attorney-jn-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds, recognizances and other sure obligga�tions in the penal sum not exceeding FIFTY MILLION AND 00/100******'*********'*** DOLLARS($ 50,000,000.0F.".. )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 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 4) C as binding as if signed by the president and attested by the secretary. 'o sed By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: 9. C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby .: authorized to 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. L 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. > 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 April 7 2403 �- g p4 � LIBERTY MUTUAL INSURANCE COMPANY O +� B /�1 /A/.. �- Garnet W.Elliott,Assistant Secretary o� ay ,•. COMMONWEALTH OF PENNSYLVANIA ss 0(4 COUNTY OF MONTGOMERY p C Wy e. On this 29th day of April , 2003 , before me, a Notary Public, personally came Garnet W. Elllott,to me known,and acknowledged 0.5 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 a ar Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. 0 O E "" '` IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year vt v first above written. �nc1 w 0 Nafarial Seal rteI Co. i Tarsal Pe� �, " tob,Not tr ptt s. OF l Pi`mutt Twp..Ma igci t°y C 3 fit'. By 06 ' 1Fmbar,rye.tl tvFzr-iz_A.,4actfN.,3�,t.do.7 n Ter saPastella,NotaryPublic. 0 CERTIFICATE 12 1,the undersigned,Assistant retary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-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 fallowing 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 that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified oapy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with tba,same Lorre and effect as though manually affixed. IN T STIMONY WHEREOF + hereunto subscribed my name and affixed the corporate seal of the said company,this 2nd day of eptemb erg 2t2� By ` i Davi M.Carey,AssWVFt Secretary i State of California County of Contra Costa On September 2, 2003 before me,M ria J. Hicks personally appeared Deborah Baker ZPersonally known to me-or- Oproved 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 e same in hi/13er/theiirauthora authorizedcapacityty (ies) andhey that ed hthatby his /her/their signature(s) on the instrument the person(s)or the MYRA I WOKS entity upon behalf of which the person(s) acted, executed 129Vh� the instrument. Caar(to Abmrx#aE� ' WITINTSS my hand and official seal. r a,a jSignatuf of�lotary Public f s ---------------------------------------------------Optional----------------------------------------------------------- Though ptionacl----------------------------------------------------------- Though the information below is riot 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 Rider 070000617 Document Date. Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signers) Signer's Larne: Signer's Name: [l Individual El Individual F� Corporate Officer El Corporate Officer Title(s): Title(s): [-1 Partner-[Limited[General El Partner-[Limited DGeneral Attorney-in-Fact Attomey-in-Fact M Trustee _ Trustee - r fie; "r EIGuardian or Conservator 3 _ : �] Guardian or Conservator Other: 'Top of Thumb Here � Other: Top of Thumb Hae Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa } on September S, 2003, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared Dennis 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.��.,.. TELES - Comm.#1296685 Ift A NOTARY PUBLIC•CALIFORNIA ----... � � Ce<,tra CO'eta Countp «• Expires MarcA 8,2005 Sinature s. . .> .................................. Reference: Increase/Decrease aider Date: September 8, 2003 Pages: 1 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 corporation organized and existing under the laws of the State 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: 2- 1 ACTION BY THE BOARD OF DIRECTORS OF µ HOFMANN LANb DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, beim all of the present directors of Hofmann Land Development Company, a California corporation, Individually and collectively consent, by this writing, to take the fallowing 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 written consent without a meeting. Dated: August 1, 2000 Kenneth a n, Director Albert T. Shaw, Ci or » ennon, Director 0!! A, WhaleZDI Dennis M. Drew, Director �Rlcha�rdL.�Green�e. Dlector 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 Failman 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 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 . H ann, Director lbert T. Shaw, Director L Dennis M. Drew, Director Richard L. Greene, Director ACTION BY THE BOARD OF DIRECTORS OF FAl..LMAN LAND INVESTMENT COMPANY BY WRl't` N 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 take the following actions, to adopt the following resolution; RESOLVED, that the corporation authorizes Kenneth H. Hofmann, Dennis M. Brew and/or A.T. Shaw to execute, in their authorized capacities, any and all documents related to the purchase and sate 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 exacuted pursuant to section 307, subdivision (b) of the California Corporations Code which authorizes the taking of action of the Sward of Directors by unanimous written consent without a meeting. Dated: February 24, 2003 Kenneth H, Hofmann, Director Albert T. Slaw, Director Dennis M. Drew, Director Richard L. Greene, Director , x /0 7/17/03 FATCO $42 8570 Tax Collector's office William J.Pollacek 625 Court Street Centra County Treasurer-Tax Collector Finance Building,Room 100 . Box 631 Russell V.Watts P.O Martinez Bo California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Cou mTax ax Mitchell (925)646-4135 FAX Tax CJperations Supervisor r Date: 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 VMD. This will certify that I have examined the map of the proposed subdivision entitled: Tract L<MS# City T.R.A. 8570 RYRON 72038 Parcel#: 011-240-001-5 015-150-001-2 015-180-002-0 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 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 1015 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'Collector Bv: 2� PRINCIPAL TITLE COMPANY SURETY Hofmann Land Development Co.First American Title Company Liberty Mutual Insurance Company 1380 Galaxy Way 1355 Willow Way,#100 70 Concord,CA 94520 Concord,Ca 94520 1 Front street, Ste. ATTN.: Robert Henry Attn..Ellen Mole sap Francisco, CA 94111111 Phone#925-682-4830 Phone#925-356-`1038 415 7$2$179 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 andexisting 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 sure of One hundred ten thousand four hundred and 00/100 Dollars ($11%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,Buy,, Lakes 1 and covering a subdivision of a portion of land in said County of Contra Costa and there are certain liens for taxes 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 COMPANY, a California corporation Liberty Mutual Insurance Company By: Pri DIST g _Surety Deborah Baker, Attorney-in-Fact BOND REVIEWED AND APPROVED CONTRA CESTA COLTNTy `I`.'REAsuRER - TAAXX LECTOR, 3L'7BJ __ NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 20102 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('!) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNUC-5539 2/03 1274281 THIS'POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-iaw and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN, MATTHEW J.DRUMRIGHT,DEBORAH RAKER,ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA. ............... .. ........ ......... .................. ...... ... ..... ... .................................... .....................I....• ........• •.. . ... . ..........• Y • ... . ................ ......................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,an*y and all undertakings, bonds, recognizances and other obliggations in the penal sum not exceeding * FIFTY MILLION AND 001180** ********* ******" DOLLARS($ 5fl.0001000.0 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 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 attorneys-in-fact,as may be necessary to act in behalf of the Company to make; c4 execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such "a attorneys-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. 'a Z C114 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby .: authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and i7 deliver as surety any and all undertakings;bonds,recognizances and other surety obligations. O 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W 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 00 CL E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of April 2003 +KC ` LIBERTY MUTUAL INSURANCE COMPANY By 60 a D 04) ,C y Garnet W.Elliott,Assistant Secretary 4) ; COMMONWEALTH OF PENNSYLVANIA ss JC COUNTY OF MONTGOMERY O C r» t- On this 29th day of April _ 2003 , before me, a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged C 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 E6 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. y rJ IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year =N is first above written. s. ON < pp T rs a,Z�Iz;€ Notary pz€tq€ v Pym sou {„rppv yz€nest'C,v tYu _ �. PViyCbmnriannE_n € Z e F. 't� �D - BY 06 rm c€ �r nsyun.taA aoc' t;rn < toarr. Ter PaSteila,Notary Public Or- y�Yt`it" �Ca ID. 1,the undersigned,Assistan cretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and 1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint(attorneys-in-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 o'r directors of liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the facsn-nila or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power or attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and etfiect as though manually affixed. IN TESTIMONY WHEREOF,I haY hereunto subscribed my name and affixed the corporate seas of the said company,this 25th day of August ., s David M.Carey,AssWightSecretary State of California County of Contra Costa On Atiost 25. 20013 before me,Myra J. Hicks personally appeared Deborah Baker ZPersonally known to me -or-Elproved 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 NCO entity upon behalf of which the person(s) acted, executed C nMM*M#1292765 the instrument. HatayMomwin county } WITNESS my hand and 6 tial seal. ; gnatu o 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 band Develgpment Bond 070000620 for Contra Costa Countv Document Date: 08/� S/03 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: (� Individual ® Individual Corporate Officer ❑ Corporate Officer Title(s): Title(s): [,I Partner-[ Limited❑General []Partner-[Limited[]General Z Attorney-in-Fact 7 Attorney-in-Fact 7 Trustee t::.:=-: ❑Trustee Guardian or Conservator Guardian or Conservator Other: Top ofThu:nb Hire M Other: - T,.fTh..b rye tt 1 Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company — 3 _. ._. ._.. .._...... ......... ..._..... ......_......... _. _. _... ......... .. ._...... ........ ........ ........ ........ ...... ......_.... ........ ....... NATE OF CALIFORNIA )ss COUNTY CJS On z - , jijo before me, :x .It - , a Notary Public in and for said State, personally appeared C --V. , personally known to mesatisfa )to be the persons whose name{;Q ista subscribed to the within instrument and acknowledged to me that hefs /tIAy executed the same in his/Xrltl- r authorized capacity(,}, and that by h sft*jth*r.signature(¢]on the instrument the person( ..or the entity upon behalf of which the personacted, executed the instrument. WETNESS my hand and official seal. Signature°- . Comm.#1296585 �pp NOTARY PUBLIC•CALIFORNIA Ut Contra Costs County My Comm Expires March 9,2005"+