HomeMy WebLinkAboutMINUTES - 10022001 - C.3 . c. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 2, 2001 by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2001/ 464
SUBJECT: Approve the Road Improvement Agreement for Point of Timber Road Extension RA
1110(Subdivision 8023)by Hofmann Land Development Company,Brentwood area,
District 3.
The following document was presented for Board approval this date for Point of Timber
Road (extension) located in Supervisorial District 3, 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. This agreement will supplement the
existing agreement approved by this Board of August 7, 2001. Improvements generally consist of
road widening and placement of curb, sidewalk, streetlights and drainage improvements along the
north side of Point of Timber Road, to be extended to the east terminus.
I hereby certify that this is a true and correct copy of an action
Data\EngSvcU30\2001\I30 10-2-01.doc
CL adtaken and entered on the minutes of the Board of Supervisors
Originator: Public Works(ES) on the date shown.
Contact: Rich Lierly(313-2348)
cc: Pubic Works- R.Bruno,Construction
Current Planning,Community Development
T-8-2-02 ATTESTED: October 02 , 2001
Hofmann1380ataxy Development Company JOHN SWEETEN, Clerk of the Board of Supervisors and
1380 Galaxy Way
Concord,CA 94520 County Administrator
The American Insurance Company
Attn:Kathleen Bryant
One Market Plaza
Spear St.Tower
San Francisco,CA 941 1 1 By Deputy
RESOLUTION NO. 2001/ ja(�
SUBJECT: Approve the Road Improvement Agreement for Point of Timber Road Extension RA
1110(Subdivision 8023)by Hofmann Land Development Company,Brentwood area,
District 3.
DATE: October 2, 2001
PAGE: 2
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:
I. Cash Bond
Performance Amount: $2,600.00
Submitted by: Hofmann Land Development Company
Taxpayer I.D. No. (Federal 68-0419482) and(State C2118258)
Auditor's Deposit Permit No. and Date: DP 373955, September 6, 2001
II. Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: 11141714185, September 25, 2001
Performance Amount: $255,200.00
Labor&Materials Amount: $128,900.00
Principal: Hofmann Land Development Company
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 464
DEPOSIT PERMIT c .
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
(� co 'r-�' ORGANIZATION NUMBER 7 S
/'•'" "f i'�' r z; " `� ~ 5 (For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. A,CT ACTIVITY OPTION ACTTY AMOUNT
=s'S L'v1 1`fO G' y y �G!c Yn'T fl�xS.s7S 71 c'�'
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31 �7 1
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EXP • NATION:, TOTAL
-7 3 o hyo .T '�? 6 o j;U C- 9 DEPOSIT i
��T':ra�;�:da•':^.,:'= �_ .. s _z:_: .,ic.7 X/%% ✓o- df�dd#�,'M'�'> =}' Jr i$n
g erns-
Deposit c
3 A1URRN follow
COINaC
ECKS �j
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$
;,;v" -a,i;' ,'.._/; '`.fix;:'-- :,�1 i:;:x�� ,F✓� .:='=�-• G !
(.' i r"j�::�/:>'r.`.y;:p�:-�; ..:'�r'�.~�iT�(: .,i.:<.'%':`�c.�'�°�"'c'S L-� %c•��O ��f 7'-�C-
r BANK DEPOSITS $
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FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT .
PERMITNUr
"
K5 ° SEtti
DATE
v�.X � L'C'j�a_�/� '"��?�;�c7�> C'�T r C' � ASSIGNED
The amount of money described above is for Trea' rr ss ei t of, ` ai'� unt isrt(:
Receipt of abo amount is here
deposit into the County T s ry. t 1,/ //? i ocknowled
Signed: ice."`/ '. C Date !/
Signe ' 111 . Signed:
Title: '�'`= EXT. :. Deputy County Auditor DSpqCoun Treasurer
3-34 REV(7-93)
-NG SVCS,�G 0R� ) C K��� CIND�J _ i LIt i�/d�
Bond: 11141714185
Premium: $2,297 .00
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has execute an atgree pt with the Count
to install and pay for street, drainage and other improvements on, or along of n o ember Rd:{Ext nsi or
to complete said work within the time specified for completion in the Road Improvement Agreement, all
in accordance with State and local laws and rulings.
2. OBLIGATION: Latta/ !7e✓e% .-Oce.t-�
,as Principal,and
THE AMERICAN INSURANCE COMPANY , a corporation organizd existing under the laws of the
State of Nebraska , and authorized to transact surety business in California, as
Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa, California to pay its /
A. Performance: T.4,,o yy�e kcl %�7'�y��W `�►00-5, 7 �t�a/ �;.� 141,fol ed
Dollars ($ 2:5-L'5 z. b O . °—' ) for itself or any city assignee under the above County
Road Improvement Agreement, plus /
B. Payment: Odd' f�urLdre�t'eTwe•dx 64!�)k 7kousanC< c,,tc1 /1,'y-e
.Dollars ($_ 126, 900. ) 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
perfonned at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included 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.
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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 b the court and to be taxed as costs and to be included in the judgement therein rendered.
i Y � J g
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
j 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.
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 fiuther 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 September 25, 2001
PRINCIPAL: HOFMANN LAND DEVELOPMENT CO. SURETY:THE AMERICAN INSURANCE CGMPANY
Address: 1380 Galaxy Way Address: One Market Pl az ? Spear St. Touter_
City: Concord, CA 94520 City: Sa AFra4co3 C ;'94111Print Name: 14 e / S HAOJ Pri t Nafne: een Bryant
Title: _ PR5,5/DEIc1T Title: Attorney-in-Fact
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`:\PWSI\SHARDATA\GrpDala\EngSvc\Forms\BN WORD\BN-9.doc
Rev.lune 17,1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On September 25, 2001 before me, Sandra Fredrickson, Notary Public,
personally appeared Kathleen Bryant, personally known to me to be the
person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity and that by her signature on the instrument the person or the
entity upon behalf of which the person acted, executed her instrument.
Witness my hand and official seal
4SANDRA FRER287399 ON
dw ,NOTARY P BLIC-CALIFORNIA D '
CONTRA CSTA COUNTY
COMM.EXPO
D C 4a.1p—n
OPTIONAL
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 -
FIREMAN'S FUND INSURANCE COMPANY
NA'T'IONAL SURETY CORPORA'T'ION ASSOCIA'T'ED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AU'T'OMOBILE INSURANCE COMPANY
GENERAL POWER OFATTORNEY
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 redomcsticated 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 Attomey(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead,_io 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,scaled with the corporate seats 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 SURELY
CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions are now in full force and effecL
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 1999
ETY •rrr w �lAAN'S' E wua er�4, r.•'•""""•. FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION
0 `� ••"�'�` •r•;'�~o ���-"���= THEAMERICAN INSURANCE COMPANY
z SEPra970 =3:
=� _ • • '=r s E w L S= ASSOCIATED INDEMNITY CORPORATION
a ==
D ?e ..�{j Z , a. re
t1V` _ � _ �- °3`• a �AMERICAN AUTOMOBILE INSURANCE COMPANY
O aN°c� INCE COQ'' G4'tNCE C�'�a
By
STATE OF CALIFORNIA Y`�f61d`°t
ss.
COUNt Y OF MAR1N
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 WTINESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
L OCAMPO�
%__; MyCaTMBqDVesN0V28.2001
Commission# 1163726Notary Public-CaQfornta
Marin County
Nouq Public
CERTIFICATE
S rwm OF CALIFORNIA 1
)}Ss.
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 By4aws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,
ate now in force.
25th September 2001
Signed and sealed at the County of Marin.Dated the day of
qtr OL=,��
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• � f
sEOEaon �7 0 � f a. �3_e s trw L
,V f��creta►` G9ANc`E ei raua N Rmdent Azsuaer Seaeuq
3611789-11-98
ROAD IMPROVEMENT AGREEMENT
Developer: 1/0AH41M �o�G� �P✓P op,we' / co Effective Date: —mss—O
Development: R'4 D (511 -2-f 502 Z+$3Zt) Completion Period: 1 year
Road: �oi f o f T,',•��jpr Rc>/. (ex f?rt 25)'o A'
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: f
CONTRA COSTA COUNTY DEVELOPER F1 o•�,.n ,t Q,, L a't d V e v e l oA►xprLT Co.
' `ich---' "--1 Pu Ilc Works Director
IY��nice '(h. u v) _
By: r' \ (Signature)
(print name&title)
A-77
:
RECOMMENDED VAI.
By: (signature)
Bring Services Division (print name&title)
FOAPPROVE County Counsel
(NOTE: All signatures to be acknowledged. If Subdivider is incorporated signatures must
conform with the designated representative groups pursuant to Corporations Code S313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called "County,"and the above-mentioned
Developer,mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer 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 development 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).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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,the Developer shall,pursuant to the County Ordinance Code,provide as security
to the County:
A. For Performance and Guarantee: $ 2-GOO, e cash,plus additional security,in the amount of$ 255,7200-
which
5S2OD.which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
Acceptable corporate surety bond. _
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year aftQr its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 42— 8, q 0 O e� which is fifty percent(50%)of the estimated cost of the work.
r-
Such security is presented in the form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond. _
Acceptable irrevocable letter of credit.
With this security,the Developer guarantee&payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor
or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount
securities may be reduced in accordance with S94-4.406 and 5944.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perforin satisfactorily for a period of one-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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
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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. Developer 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-year
ifrom and after the Board of Supervisors accepts the work as complete.
i G. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement pldns for the work are adequate to accomplish the work as promised
in Section 2 and as required by the Conditions of Approval for the development. 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,Developer shall make_whatever changes are necessary
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 Developer of his obligation to fulfill this agreement
as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and
conditions hereof.
8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County, and its special district, elective and appointive boards,
commissions,officers,agents,and employees.
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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,property damage,inverse condemnation,or any combination of these,and regardless of whether
or not such liability,claim or damage was unforeseeable at any time before the County 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 the Developer,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 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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,
or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and
charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds .
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees
to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete
the work.
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11. •INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory
incorporated as a city or is annexed to an existing city,the 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 Developer,who shall•fulfill all the terms
of this agreement as though Developer had contracted with the city originally.
.1.2. CONSIDERATION. Inconsideration hereof:
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RL:mw
G:%GrpData\F.ngSvc\Fomis\AG WORDWG-24.doc
Rev.February 4,1999
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
State of California )
) SS.
County of Contra Costa )
On August 30, 2001, 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(s), or entity on behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal
D. PANTELES
N w Comm.A 1296585 �n
• NOTARY PUBLIC-CALIFORNIA N
Contra Costa County
Signatur - r � t�;� MY Comm.Expires March 9.2005
ur��
Reference: Road Improvement Agreement— RA 1110 Point of Timer Road
Date: August 30, 2001
Pages: 2
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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
Kenneth a n, Director
Albert ., Shaw, D( ctor
ennon, Director
omas A. Whalen,
Dennis M. Drew, Director
Richard L. Greene, Director
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 arid-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: 1-7 O