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HomeMy WebLinkAboutMINUTES - 12092003 - 2003 RES 757 Yom` J THE BOARD OF SUPERVISORS OF CONTRA COSTA BOUNTY, CALIFORNIA Adopted this Resolution on December 9, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKIM, GREENBERG, GLOVER. AND DESAULNIER NOES: NONE ABSENT: NON ABSTAIN: NONE RESOLUTION NO.2003/ 757 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8578,being developed by Hofmann Land Development Company,Byron area. {District RD The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 8578,property located in the Byron area,Supervisorial District III, said map having been certified by the proper officials. 11. Subdivision Agreement A subdivision agreement with Hofmann Land Development Company, 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 Originator:Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: Chris Lau(3132293) on the date shown. CL:rm G:\GrpData\EngSvc\80\2003\12-0"3\SUB 8578 Bth2Ldoc W Public Works—T.Bell,Construction Current Planning,Contnumity Development DEC T-septernber 4,2004 ATTESTED: EMBER 09, 2003 Hofmann Land Development Camparry Robert Henry JOHN SWEETEN,Clerk of the Board of Supervisors and 1380 Galaxy Way County Administrator Concord,CA 94322 Liberty Mutual Insurance Company Deborah Baker I Front street,Sts 870 San Francisco,CA 94111 By Deputy IF RESOLUMN NO.2003/ 757 SUBJECT: Approval of the Final Map and Subdivision Agreeriftent for Subdivision 8578, being developed by Hofmann Land Development Company,Byron area. (District DATE: December 9, 2003 PAGE: 2 A. Cash Bond Performance amount: $9,460.00 Auditor's Deposit Permit No. 413390 Date: October 16,2003 Submitted by: Hofmann Land Development Company Federal Tax ID Number: 68-0419482 B. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number: 070000631 Date: October 10, 2003 Performance Amount: $936,340.00 Labor&Materials Amount: $472,900.00 Principal: Hofinann Land Development Company III, Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the supplemental tax lien, is estimated to be$0. 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. 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OOt C0 CON h » V » » OibOt 4Z CON n r� ,C"Ota3„tt,6s.ZON � ,fi9'COt3.00,YridAN � "' n oa�! 4 II,�;�M O;b+�B-�pj I r�.. h Z �WYQ ,09`OOS s 94Z0.toN � 09001 6 00OXON m w,O94dt �S -+.00'901 v 3„tS.WoR;ul10� s 9s4r.KN 5 s 99,LCYON n UWL s 016LtON ' i Otl .C£�G 00t v Lt4c#ON ' s 3.5sf 4'CY#t .tai�,ot a 3,Ys'97- u n m E A3HS 33S SUBDIVISION AGREEMENT h (Government Code 566462 and S66463) Subdivision: $ e5 Subdivider: —� .4Osral Deyf' Y_C-0 Effective Date: r" ._ s -1 , L..co a Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUB I VIDE :lVcri,*P,44 Z.,WledVe v4/o,,,.� r� C8. .Maurice Shiu, Public Works 'rector d - By: a /1 (Print nww&title) RECOMMENDED V By: (signrt—) "ee ices Division (hint name&title) Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Com",and the above-mentioned Subdividermutually promise and agree as follows concerning this subdivision: 2. IMPItQVEMENTS. Subdivider 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). Subdivider 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 5566410 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. DAM O)M NT SECURI"1'Y. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A. For Performance and QuigMtcc $Ylraa,OP cash,plus additional security,in the amount of S 93+ +, 3 i�d• `� 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 Subdivider 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. For&)=t: Security in the amount of S_#72 �4 4 a Such security is presented in the form of � , .which is fifty pmv4mt(504/o)of the estimated cost of the work. Cash,certified check,or cashier's check _ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervison.mdupon request of the Subdivider, the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. t 4. GUARANTEE AM WARRANTY OF WORK. Subdivider guarantees that said work shallte 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 964.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his 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. Subdivider 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. IMPR03MMEK PLAN WARRANTY. Subdivider 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,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAVER BY+COLM. 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 Subdivider 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: Subdivider 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. B. The jia "i i 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 Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non&onditions: 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. CSS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SJI&MS Subdivider 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. 11. KION-PERFORMANCE AND COSTS:If Subdivider fails to complete the work within the time speed 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 Subdivider 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. Subdivider hereby consents to entry on the subdivision 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,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work, Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORFORATIMANhMATION. 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,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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. The provisions of paragraph li(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. xr:Hak a: s,v!t o--IAo wonnAA= ae.. znHass CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa On October 13, 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 i. "ANIELES 296585 ray PUFP, 'ALIFORNIA Yt Signatu;;�E" Reference: Subdivision Agreement—8578 Lakes 5 Date: October 13, 2003 Pages: 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Hofmann Land Development Company P.O. Box 758 Concord, CA 94522 SPACE ABOVE THIS LINE FOR RECORDER'S USE DECLARATION OF NOTICE WHEREAS,the undersigned is the owner of the property described as follows: Lots 47 of Subdivision 8578 filed , 2003,Map Book page , Contra Costa County records. AND WHEREAS,the County of Contra Costa Conditions of Approval dated 815/96 require the undersigned to record the below notice for future owners of said lots: NOW THEREFORE,the undersigned hereby states,the following: ROAD EXTENSION NOTICE Lakefront South Loop may be extended in the future as part of the adjacent Subdivision 8579. THIS DECLARATION IS FOR INFORMATION PURPOSES ONLY. BUYERS ARE ENCOURAGED TO DO RESEARCH ON THEIR OWN. DEPOSIT PERMIT a ' OFFICE OF COUNTY AUOMR-C N R TO THE TREASURER. ,� T Z,CALIFORNIA: RECEIVED PROM ORGANIZATION NUMBER (For Cash Collection Procedures see County.AdrrinistraWs Bulletin 105.) DESCRIPTION FUNDJORrA QCT TASK OPTION ACTMTY AMOUNT (v '7 $ S/ :/o fit I 21-41 L L i N T, . . . . . . . . . . PjetffildlfVl i6hljL_,l Ae.. . . . .cn �' - & C ;00 Sl ..-966o 621-02b 2Gi 4 ZW 06 -215EXPLANATIONI. a DEPOCIT f7 q;z '112M711-0 �/�t l��,�®(7 l���'" Mk (% � Deposit consists of thefollowing item FA4 SACS; COIN and CURRENCY $ CHECKS,KO,ETC. $ t E r t ' � '� f � ' '� BANK DEPOSITS $ JC �S ?0 2&26-24, LO ?�V3 �. c )c/AM UcZz FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT / 1 l� (✓ 1 Z"7 n PERMIT ()� �( _ ' f , , � �(f; r G �. Y f 5 Gfi' C'rr" 1� NUMBER 413390 OV IS+ / DATE13 l'' ,e. 75SIL`"Dt51`y :t' J l..Yc r� ., t ., �.1 , 6 ASSIGNED The amount of money described above is for Treasurer's receipt of'above amount is approved Receipt of above amount is hereby deposit into the Courcy Troasury. • . CG.i't. t Z� Datav' Oj r r 'f rcSiy^ed Ti 7 EXT. �'~ Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) DIP051t of ivul f OFPICE OF`COLINTY AUDITOR-CONTROLLER, r" TCI.THE TRI:ASURtrR: f MARTINEZ,.CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER / int (For Cash Coliedion see County Adn wrator's Bulletin 105.) SUIL DESCRIPTION FUND/ORG ACCT. TASKl OPTION ACTIVITY AMOUNT fEv .5 1 fit RALL MAfl6f)f 1,40, ld�ove Z916( l5- ' w !! bX6 7 EXPLANATION: TOTAL DEPOSIT Deposit consists of the fogowing itemt COIN and CURRENCY $ CHECKS,Mak,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLL.ER USE ONLY _ DEPOSIT PERMIT DP t NUMBER DATE ----L - - -` ' ASSIGNED , The amount of money descn'bed above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby de�osit into the County Treasury. acknowledged Sane 1'1�11L 7itie ° EXT. `P� d County Auditor d Deputy County Treasurer D-34 REV.7�". /J N DIPOSa P1 Mir Cfma OF CCONTROLLERrg r -✓ TO*0 TRE (ktP: MARTNtiIEZ,CALIF NtA RECENED FROM ORGANIZATION NUMBER I Cc � 7 {For Cash Collection Proceclurft see County.Adminktrator's Bulletin 125.) DESCRIPTION FUNDJORG. UI TASK OPTION ACTIVITY AMC UNT CT T. i �15D� � Ott i r r r r r r r r r r r r r r r. r t P t 1 EXPLANATION: TOTAL r DEPOSIT Deposit consists of the fa roving items COIN and CURRENCY $ CHECKS,M.O,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT ( f ) PERMIT dp DATE + ` r `✓. AN NUMBER j Cj ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby into the C Treasurys ,edge, ALL', r 5i t` A.L', Date C °d: _,,... EXT. Deputy,County,Audita Deputy County Treawrer D-34REY.(7•fl3) 4/6 h� / + i i� 819800-0800: 61121615, $20.755.00, Sub 8571, Clash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121617, $318800.00, Sub 8572, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121618, $42,480.00, Sub 8577, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121619, $9.460.00, Sub 8578, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121620, $17,00.00, Sub 8579, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121656, $3.840.00, RA1147, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121660, $13,600.00, PA0005, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121662, $20,700.00, RA1142, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI ##310, San Ramon, CA 94583 819800-0800: G1121664, $1,000.00, Sub 8712, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121666, $1,320. Sub 8713, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121668, $22,300.00, Sub 8683, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121669, $1,300.00, Sub 8714, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 e� 819800-0800: G1121671, $1,100,00, Sub 8715, Cush Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121673, $2,250.00, Sub 8716, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121675, $5.900.00, Sub 8717, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121613, $1,400.00, Cash Deposit for Flood Control Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513 0649-9665 / 831000: G1121653, $400.00, RS 2836, Record of Survey Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507 0649-9665 / 831000: G1121654, $500.00, RS 2837, Record of Survey Deposit, Downrite Demolition & Excavation, 1407 Webster St. #201, Oakland, CA 94612 0649-9665 / 831000: G1121655, $500.00, RS 283, Record of Survey Deposit, Crenshows', 228 Calle Le Montana, Moraga, CA 94556 0649-9665 / 831000: G1121657, $20,800.00, RA 1147, Road Acceptance Inspection, Windemere BLC LLC, 3130 Crow Canyon PI ##310, San Ramon, CA 94583 0649-9665 / 831000: G1121658, $14,280.00, DG0028, Drainage Inspection Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121659, $109,150.00, PA0005, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121661, $135.700,00, RA1142, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121663, $8,2017.00, Sub 8712, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121665, $11,050.00, Sub 8713, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121667, $12,600.00, Sub 8714, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121670/ $9,100.00, Sub 8715, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121672, $18,500.00, Sub 8716, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121674, $47,680.00, Sub 8717, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 821400-0800: G1121503, $64,248,00, SCC Sub Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 821500-0800: G1121503, $23,628,00, SCC Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 828800-0800: 01121503, $19,140,00, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 Subdivision: 8578,Lakes 5 Bond No.: o7oQQQ631 Premium$8,427 IMeROVEMENT SECURITY BUND FOR SUBDTVISm AGREEMENT (Performance,Guarantee and Payment) (California Government Code §§ 66499 w 66499.10) 1. RECITALRECIIAL OF SUBDrVISIoN A ggrMENT: 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 a57a ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,aU in accordance with State and local laves and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. 3BLrGATtt?N' Hoffmann Land Development Company 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: Nine Hundred Thirty Six Thousand Three Hundred Forty and no/100ths•'`•• Dollars($936.340.00"' )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Pa ent: Four Hundred Seventy Two Thousand Nine Hundred and no1100ths*•"• dollars ($472.Q00.00`•'" )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division ffi of the Civil Code of the State of California. 3. � A. The Condition of this obligation as to Section(2.A)above is such that if the above bonded principal, or prmcidal'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 agreement 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 int^nt 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 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 (2.8.) 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,thea 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, SI D AND SEA"p on October 10th,2003 Pg•INCIpAL: Hofmann{Land Development ►Company' SURETY: Liberty Mutual Insurance Company Address: e7 0`� !SSK Address. 1 Front Street,Ste.870 City: c e City San Francl ,CA zip; .;t By. i . By. _ _ - Print Name: Print Name: Deborah Baker Title: i �... - Title: Attorney-in-Fact GAGrpDsnlEn&Svc\Fom%s%N WOPMASN-12.doo Rev.November 21.2000 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety; Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNHC-6539 2103 1274310 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED bN RED iA60ROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the-Company except In the manner and to the want herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS- That Liberty Mutual Insurance Company {the "Company'},,a Massactiusstts stock Insurance company,pursuant to and by authority of the Bar-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES Q JENKINS,MICHAEL CL HOQAN,MATTHEW4D15iJM# 1i�T O!ESORAH 3AKER,ALL OF THE CITY OF CONCORD,STATED CAL IFORNtiA ....... ... . w .:; ..« :. e. . ) .,.. ...: ..�......... . waw, t e FwuaR •,aaa wwaww ... ........................................ ...........+M 6elgyir,aaaws,74Yv,e-Yin, awwaa}ale n MA w )YY re',�t,),11 ,,)�e4H.............wXpw_7twYII F aw.)a.,)a,,,.w.,w w each Individually if there be more than one o4mad,Its trtire and lawful Momay�Jn=fact fir.rneke ex6co.0,i . 0fta and'deliver,for end on its behalf as sur and as i act and surety ,9n d alt undertakfigs,bonds,recogtil Ancsls arifd other:sur ab ficins IIS the penal sum not exceeding FIFTY MILLION AND 0!/'100 •"«'•* ,'•• E50i Lam:#$ �� 3 e9ch;and the execution of such undertakings, bongs z9nce9 euldAother surety obi ti� ict pui*ua6c6:of these pressitC-,shall be-as bindhtg upon the Company as ff they had been duly by the#&6etary W tf*:Compeny itr their own pli r pennons, That this power is made and executed pursuant to and by authrnrky: f qYe telHwing Sy-iavy Ott#Authoriaersn ARTICLE XIII-Execution of Contracts:Section 5.1 Surety Bondi►and tlndertakings Any officer of the Company authorized for that purpose in writing by"the chaimnan or,the;president and subject to:such limitations gas the chairman or the president may prescrftie,sha{i appoint such attorneys-In-f&cE,as may be to act In behalf of the Company to make, execute, seal, knowledge and deliver as surety any And all undertakings,.bonds, recognizances and other surety obitgafibna Such attarneys4n-fact,subject to the limitations set forth In their respective powers-of attomeq,shad have fait power to bind the ny by their signature and execution of any such Instruments and to attach thereto the 9691 of the Company. When so executed such Instruments.shalt be; as binding as If signed by the president and attested by the seorotary. w.. Ag By the following instrument the chairman or the president has authorized the officer or other official named thsrein'to appoint attornay8-tn-fact: Pursuant to Article XIII, Section 5 of the By-Laws, taamet.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,aeknbwledge and definer as surety any and all undertakings,bonds,row gnlzances and other surety obligations. ,F That the By-laver and the Authorization set forth shave are true copies thereof and,are now In full force and affect �. > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an autFiotfseii officar:oe ofilctal of the Company and the corporate sant of Libel mutual Insurance Company has been affixed thersto In Plymouth Meeting,Pennsylvania thi9 29th ,c ay of Aany _ 4' LiBERTY MUTUALINSUAAWCE CE3Il ANY: £garnet VY.Eliiottst&nt RA COMMONWEALTH OF PENNSYLVANIA s9 R!i COUNTY OF MONTGOMERY .� On this day of Aorlt: ,before me,a,Notary Pubic, personaily came YV Elliott to me known,and acknowledged a— that he Is an Assistant Secretary of,Liberty Mutual Insurance Company,that he knows-the seat of Sall corporation;and the€he executed 0..above ? Power of Attorney and affixed the corporate Seal of l-tbsriy Mutual insurance.Company thereto with'the autirbrtty 9nd At thedirection of IiAld obrporatlabri. IN TESTIMONY WH subacrfbed,m y name:9nd 9ftlxed my notdjUo.seal at Plymouth Malting,Pennsylvania,-oh ttis day And year first above written. Q tPr w r TerMstsr+affit ,Nnhtey i'ubz <i V MY H'fkxa Ex0r6s Mar.28 '� NremE�de�Per�ylvnniei Aa t� Te P�fella NOt�P'eibliC . �, w! CERTIFiCA'TE 1,the undersigned,Asst etaiy .tleity fNutuat IttetlrAnca Compani±,QO hereby c+91[fiiy thattf grig)na poygr.i#9ttnrrrey'ot which the foregoing Is a fufi,true and correct copy,Is in fctij and affect orr rite dA tttl6 ctflc9te,enc#l db further: rhfytT tit"�flc5sr or otf>clal who executed the said power of attorney is an stall specially auth6tiiad by g! c?iairman or thy. rit to XIII,Section 5 of the By-laws of Liberty Mutual Insurance Compariy: epp0in# torrrey9=Tn-fact as prov&lerci In Article This certificate and the above power of attorney maybe signed by facsln P.,a or mechanically reproduced signatures under and by au#hority of,the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting,duly called and hold on the 12th clay of March,1980. VOTED that the facsimile or"rrme k4dy reproduced signature of assistant secretary of the company, wherever appearing upon a Ell certified copy of any power of attorney Issued by the=-npany In connscAlon with surety bonds,shall be vaiid and binning upon the company yylwith the same force and effect as though manually affixed. IN C %ONY WHEREOFq yj hersunto subscribed my,name and affixed the corporate seal of the said company,this 10th day of Da M.Carey', Secretary ry State of California County of Contra Costa On October 10,2003 .before me,MM J.Hicks personally appeared Deborah Baker NPersonally known to me-or-®proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same o in his/her/their authorized capacity (ies) and that by his MYRA i701CWZ7651 K$ /her/their signature(s) on the instrument the person(s) or the tntss 5entity upon behalf of which the person(s) acted, executed NotaY t'Ltk_Ccaftrr t the instrument. AklMeda County *CWM.B9ftFab2&Z05 _ WITNESS my hand an offs ial eal. 15 Si a e of Notary Public --------------------------------------------------- --_ __ 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 Bond 070000631 for Contra Costa County Document Date: 10/10/03 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: [] Individual d Individual ®Corporate Officer []Corporate Officer Title(s): Title(s): ❑Partner-(Limited©General Q Partner-[]Limited©General ®Attorney-in-Fact []Attorney-in-Fact ❑Trustee F-1 Trustee © Guardian or Conservator M Guardian or Conservator ® Other: Top aezhunk z ❑Other: IP W-fT - Signer is Representing: Signer is Representing: Liberty Mutual CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On October 13, 2003, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared. A.T. Shaiw, 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 y� WFORNiA Y! Only .r Signature ::aattsstsstss:rtitt:ta::36t::Siil::::Sa:t::::::^ssr.„::ss:::::::::::::tat•.::^stst:rr.:e:::r.:::rs:s:a::a:::::::a:L::::::S::t::a::::::.^,:atL:::ssre::::::ss:::::s:::as:::::ss:sss::::u::srsas::::a Reference: Improvement Security Bond— 8578 Lakes 5 Cate: October 13, 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 Ball force and effect. Dennis M. Drew, Secretary Date: 3,�z'�� � ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAN6 DEVELOPMENT COMEANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a Cailfbmia corporation, Individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution. RESOLVED,that the corpora#ion authorizes A.T. Shaw to execute, In his authorized capacity aR CEO/President, any and all documents rebated to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision wraps, and any and all documents related to land Improvement agreements, such as subdivision agreements, and any and all bund agreements. This consent Is executid pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Beard of Directors by unanimous v+rr'rtten consent without a meeting. Dated. August 1, 2060 Kenneth d n, Director Albert T. Shaw, Disteor ertncrn, Director 17iornas A. Whalen, Dennis M. Draw, Director Richard L. Greene, Director I r9103 103 FATCO$27 8578 Tax Collector's Office !Milium J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 R.O.Box 631 Russell V.watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Co u n w l Joslyn Mitchell (925)646-4135 FAX l Tax Operations Supervisor .r Date: 10/6!2003 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled; Tract/MS# City T.R.A._ 8578 BYRON 60054 Parcel#: 011-240-001-5 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 2003-2004 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasur r-Tax Col ector By: