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MINUTES - 12092003 - 2003 RES 758
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/758 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8579,being developed by Hofmann Land Development Company,Byron area. (District M) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8579,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 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: j I hereby certify that this is a true and correct copy of an action Originator:Public works(M taken and entered on the minutes of the Board of Supervisors Contact. Chris Lau(313-2293) on the date shown. CL:mt G-:\GtpData\EngSvc\80C 2im3112-09.031SUB 8579 BO-21.doe ce: Public works—T.Be1L Construction Current Planning,Community Development T-September 4,2004 ATTESTED: DECEMBER 09, 2003 Hofmann rind Development company Robert JOHN SWEETEN,Clerk of the Board of Supervisors and 1380 Galaxy way County Administrator Concord,CA 44522 Liberty Mutual Insurance Company Deborah Baker r� I Front Street Ste fir— _9 Deputy San Financisoo,CA 94 ' r 94 4„111 By �Y—”` RESOLUTION NO.2003/ 758 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8579, being developed by Hofinann Land Development Company, Byron area. {District DATE: December 9, 2003 PAGE: 2 A. Cash Bond Performance amount: $17,000.00 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: 070000632 Date: October 10, 2003 Performance Amount: $1,684,600.00 Labor&Materials Amount: $850,800.00 Principal: Hofmann 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. RESOLUTION NO. 2003/758 le r. g g Se T 1 s A- 00 wo k w 'Wa Egli*a A o i 'w +- U 3fn! U99 NOiSIaI(Jens ' r338j r 9E S NlkiV3G iCf SiSb'8 j -'Jl nl!;l nl 151*91 r I �IVd � CEJ r- om6 t*S CQ LM WOM CSS cc amo (�f _ N CCS • •• w N _ , R b6 a, (z}dOOl H.Lnos l.NO2#A� ' a L..123.50' ► a r OZ92 NOMI NQ8nS 1+ _N 13ONV,4 Z1.SB NO1SIA10BnS 000 � u da rA illy. ci to 'lit ' ,. 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WOa 3.r OZON� t1'Sot a 3.so eF-zoN ON��,f PaPZ I I pyCb� W,ozraa ,osrot s3.so.O=N ,99'901 a .90SLEON g�i. , N 9 L%H8 33S - - a + SUBDIVISION AGREEMENT (Government Code 166"2 and§66463) Subdivision: '5579 L-acP 1 to Principal• oicCt�r9+7 A + CY@ la j�rcQ, G v Effective Date: _ 1 Completion Period: 1 year FALSE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY E CIPAL Maurice M.Shiu,Public Works Director 0 ko By ,w - (8fsnwaro} ��L t (Prim amm t tkk) A r T r + H+A W) f- P,G 3 0,ff-A-17- By: ts } 0/0rTn ee ' Division (Pike o�mo k tkk} Victor I Westman,County Counsel (MOTE: All signatures to be acknowledged. If Principal is incorporated,` signatures must conform with the designated representative groups pursuant to Corporations Cods§313.) t. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Qi }W and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2 IIVI R03 MBNTS. Principal agrees to install certain road improvements(both public and private),drainage hnprrovernents,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. 2299VBMSNT 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 Perfbrmaace and Guarantee: __l�. o C) .v cash,,plus additional security,in the amount:$ � &'00 •° which together total one hundred percent(100"/)of the ated 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,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. Far Paymt: Security in the amount:$_--- r-•� ?l (}O. �-° ,which is fifty percent(501%)of the estimated cost of the work. 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,Principal guarantees payment to the contractor, subcontractors and to persons rentinguipment or fumishr'ng labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of'Supervisors and upon equest of Principal;the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. F 4. MERAM ME ANTY OF WORK. 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. P .A ESTABLISHMENTWOE K Principal agrees to perforin establishment work for landscaping installed under this apeement. 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. IMPROVEMENT 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 WA_IUR BY CO'UN'T'~'. Inspection of the work and/or materials,or approval of work and/or materials or staterrrent 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 damages arising from the failure to comply with any of the terms and conditions hereof. 8. : Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The ind=itie 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 an 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 ofthese 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 mon of them; D. hIon-conditions: The promise and agreemart in this section an 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. : 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. 11. NON-PMEQRMANCB AND COSTS:If Principal fails to complete the work within the time specified in this agretm=4 and subsequent extensions,or thils 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 Countyforces,including contractors,in the event Countyproceeds 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. IN=O ATIONIANNAXUON. 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 (IndemeWty)shall continue to apply in favor of the indemnities listed in paragraph 8A'upon any such incorporation of annexation. 13. $$CORD MAP. In consideration hereof County shall allow Principal to file and record the final map orpwMI map for Aid subdivision. Rr,:m:rd GU9rF1)ft\MM6Svel G=\A0wOMAG-30.doc Rev.October 2S,2001 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa I - 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 ODPANTELES Comm.#1296585 N OTARY PUBLIC.CALIFORNIA Ut Contra Costs County My Comm,Expires March 9 2005 J 0A Signature Reference: Subdivision Agreement—8579 Lakes 6 Date: October 13, 2003 Pages: 1 r �+ �y��DEPOSIT �PyEp��pt��MII}T/�� �y s OFFICE OF O..V�JI'1.I 1 AUDI OR-CONT R TO THE TREASURER: MATINE Z,CAL L7RNIA. RECENED FROM `+ t > ORGANIZATION NUMBER LIL.. ........ G� (Far Cash Collection Procedures sae County Administrator's Bulletin t D&) DESCRIPTION FUNDIORG SUB, TASK OPTION ACTIVITY AMOUNT IAA x 3W 06317 # 1 0115SO9 v _5 b L 4 " 7 ' I t Fs t � {J { ( - ., ?00 !j0 `7 ;1ty, 100(0 1 L. - ..-it4sE mw . -A L X 39 .3' i;1 �2C1 t EXPLANATION. ` C"7 (, 1 DEPOSIT � '�_ a�`7' // ,o j f Deposit consists of the folly wing it > ALL l 1.2 Ml/!_�C7 1Z 7�"r COIN and CURRENCY $ E /` CHECKS,MJD,ETC. i - ' . � . .' _ P -52 BANK DEPOSITS $ } y �7 FOR AUDITOR-CONTROLLER USE ONLY IC'tS l aV I 'i r+ r t' � 1 DEPOSIT /Z wf� PERMIT D 12,Ll�, G I r�17 NUMBER ld ,+ e?(t � �r 5' ' j' r N DATE 413390 ocY I ( F. 3 Ply ` ill 7 f e14,rC1 �.�.. ( .�, , lr�,�j� ASSIGNED The amount of money described above is for Treasurers receipt of'above amount is approved. Receipt of above amount is hereby deposit into the County Treasury acknowkK*d. Data l Tits r 7 elkEXT d: qDeputy Cay Auditor y County Troasurer Rev I7-93I z"C C Q o a DEPOSIT PEWIT , OFFICEOF,COUNTY AUI�PTC)R-CONTROLt ER r MARTINEZ,CALIFORNIA ,2d TO THE TREASURE1tt RECEIVED.FROM ORGANIZATION NUMBER tai (For Cash Collection Procedures we County Ac rhtrator's Bulletin 105.) DESCRIPTION FUNDJORC% ACCT TASK PPON ACTIVITY AMOUNT I mrn l r ,l-bf L� / I�sc� /[ W31 75 100f - - 0 t7 {J UfJ I I ` 31 i 1 5 , 21e)3ID ,2106 ' U 1 3 7 1 f 6x5. '7,5 . `661 EXPLANATION: TOTAL $ I DEPOSIT I Deposit consists`d the folavving items COIN and CURRENCY $ CHECKS,Mm;ETC. $- _ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT " PERMIT tap NUMBER DATE ----- • ASSIGNED The amount of money descn'bed above is for Treasurer's receipt of atom amount is approved Receipt of clave omount is hereby 41nto the County Treasury. �") acknowfedgod t _�t•_c ,�_�te i� � ./ d ' Signed. ° EXT. `i` ` .s County AucBtor Deputy County Treasurer QMCE OF COLINTY'AtMOORC.QNTROLLER. r TO ER; MART Z,CALIFORNIA TIS TREASt>;t RECEIVED FROM / ORGANIZATION NUMBER (Por Cash Cokdm Prods sea County Administrator's BL&tm 105.) DESCRIPTION FUNDJOIRG. ASU& TASK OPTICNJ ACTIVITY AM )UNT ?Mw 409z q2 , (ILIA 60 ► ' t it It I fit 1111111111111tit t t 1 I t t r I t t t I t i r t I 4 t I t 1 EXPLANATION: TOTAL $ t DEPOSIT t Deposit consists of the Items CONN and CURRENCY $ CHECKS,KO,ETC $ BANK DEPOSITS $ FOR AUNTO►R-CONTROLLER USE C7I*UY DEPOSIT . PERMITNUAeER [3F' DATE ASSIGNED The amount of money descrbed above is for Treosurar's receipt of above amount is approved Receipt of above amount is hereby alt into the CT Treasury. acknowledged. r. • Date EXT, Signed t Titte: "/ Deputy County Auditor Deputy County Treasurer J 819800-0800: G1121615, $20,753,0t3, Sub 8871, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121617, $31„800.00, Sub 8572, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121618, $42,480,06, 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, Hof fman Land Development Co., 1380 Galaxy Way, Concord, CA-94520 819800-0800: G1121620, $17,000.00, Sub 8579, Cash Performance Bond, Hoffman Land.Development Co., 1380 Galaxy Way, Concord, CA 94520 8198000800. G1121656, $3.840.00, RA1147, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 8198000800: 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, $1.320.00, 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 8198000800: G1121669, $1.500.00, Sub 8714, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121671, $1,100,00, Sub 8715, Cash Performance Bond, Windemere BLC LLC, 3180 Crow Canyon Pi #810, San Ramon, CA 94583 819800-0800: G1121673, $2,250.00, Sub 8716, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Raman, 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, $5003.00, 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, Crenshaws', 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: 61121658, $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 1 831000: G1121663, $8,200, Sub 8712, Landscape Improvement Inspection Windemere BLC LLC, 3130 Craw Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000. G1121665, $11050,04, Sub 8713, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 944583 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: G1121670, $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 LIC, 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: G1121503, $19,140.00, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 Subdivision: 8572,Laho e _ Band No.: oroo ,3,2. Premium$15,151 ImpRovEMENT SECURITY BOND FOR SUBDMSION AGREEMENT (Performance,Guarantee and Payment) (California government Code§§66499-66499.10) 1. Mcrrdr of S ppr_y oty -C�t{A EMNT: 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 8579 — .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 laves and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. !QB1jgA'I`IO t Hofmann 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: one Million Six Hundred Eigtq Four Thousand Six Hundred and na1100tths'"""" Dollars( 1584.500""'" }for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Eight Hundred Fifty,Thousand E ht Hundred and no/100ths'""' Dollars to secure the claims to which reference is made in Title XV (commencing with Section 3052) of Part 4 of Division III of the Civil Cade of the State of California. 3. �t A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's hers,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 Dept and per-formed at the time and in the manner therein specified and in all respects according to their true intent and measling and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,thea 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. r 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 risen 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 fond. 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 itselfbound without regard to and independently of any action against the principal whenever taken. SI=DMMSEALEpon October 10th,2003 PRINCIpAL: Hofmann Land Development Company SURETY: _Liberty Mutual Insurance Company . Address: 4 3 01( Address: 1 Front street,Ste.870 _ City: p: City: San Francls ,CA Zi : 94111 $y: r By: Print Name: L`, Print Name: Deborah Baker Title: tp�e. ,_, Title: Attorney-in-Fact MynWAP GAGtP AU'Zn9SVC 0M%S1SN WORMON-12.&c Rev.November 22,2000 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 lasses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNUC-5539 2/03 • 1274311 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 extant 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.HAN .. M .frpW .fRaa}�GT•�RiaEBO..fh.�P .B.AIi kKr#ER RL,.tA#L.S..CW T HE CITY • ............I................ OF CONCORD,STATE F CAUF0AN1A.ff... .e a....Rss. ###}} ora.ef........ ....... .a...# }*i............. ee.aaa. .e... .... a eas h Individually if there be mord fira►t one named,its true anti lawful attorrrgy In>faet W roake,execute,seal,ackntiwieclge and deliver,for and on its behalf as surety and as Its act and deed,ons aticl all undertaking s,fronds recagnlzances".and other surd obliggations in the penal sum not exceeding FIFTY Mfi:l.lL71►i AND�/1♦ �` '"' "�``"""* i70LLAiS( tiff*'*"* }each,and the execution sx such undertakings kronds, retscriizances and other surety obtigatkms, in:pursuanc6 of these present`s, shall be as binding upon the Company as if they had been duty stgrtied by IPje president and attested by the 8e cietary bf.the Comp€rhy lrs their own,j�!Oppr persons. That this power is made and executed pursuant to and by authorfty of the following By lawn and AuthrtiRzatitln AR'tiCLE X11I-.Execution of 1 or►t Wts;SeOoh S: Surety b6(1de arrd undertakings; Any officer of the Company autho zed for.that purpose In writing by the chairman or the president, and,sublectito such limitations as the chairman or the president may prescribe,shall appointsuchattorneys-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, recognlxances an d other surety-obligations. Such r f 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 arty such Instruments and to attach thereto the seal of the Company. When so executed such Instruments shah be e as binding as If signed by the president and attested by the secretary. •rp 49 By the following Instrument the chairman or the president has authorized the officer or outer official named therein to appoint attorney$-in-fact: Pursuant to Article XIII, Section 6 of the By-Laws, Gamet W. Elliott, Assistant Secretary of Liberty Mutuat 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;ssal,acknowledge and Itf 1! deliver as surety any and all undertakings,bands,recognizances and other surety obligations., . 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 oe official of idte Company and the corporates seat of 0 insurance Carpnyhoe been affixed thereto in Plymouth Meeting,Pennsylvania this April Liberty . LIBERTY MUTUAL INSURANCE C6MPANY Garnet W Elliott;Assistant Secretary � jCOM y ONWF_ALTH OF PENNSYLVANIA ss3: COUNTY OF MONTGOMERY O On hls ,,day of 1 ., .. ,before me,a Notary Public orsonaily cams A ENIotL to me knov. and ar dcr►owledged that he Is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows time seal of said corporation; and that he executed the above .5 Power of Attorney and affixed the corporate seat of Liberty Mutual Insurance Company thereto with the authority,and at the direction of said corporation. IN TESTIMONY WH P nto subscribed my name and affixed my notarial at Plymouth Meting Penn ylvanda,on the day and year first above will am w �y, MY . C . . ExprY6"s F,Ad9'z% T36-.: �+7 we Te I-4-Ita,.Notary Eruirtic CERTIFICATE 1,the undersigned;Aseistan , retarj�4f L rty Mutual Insurance Company do.trereby ceti{tSr thaC�ttra d3rtgtnitt poWer orf attorney of which the foregoing Is a full,true and correct copy,Is in fust for+ r:and effect on ate of;h}du certificate,ark:l r furttttfr ttertify that t)te cafcer oroftidal who executed the t ye- home in.fact as pro-Mod,In Article said power of attorney is an Assistant4004ary spetxaily auftri d t,radia i simian or:the:president tCrapp . Xllf,Section 5 of the Bylaws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanIcaliy reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and hold on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any asslstant 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 YSbTIIAPNY WHEREOF,I haute hereunto subscribed my mune and affixed the omporefe seal of the said company,this 10th- _ day of Oc be ZUU3 , B 0litaVt 14Ca' y,A Secretary State of California County of Contra Costa On October 10,2003 ,before me,Myra J.Hicks personally appeared Deborah Baker ZPersonally 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 in his/her/their authorized capacity (ies) and that by his _ er/their signature(s)on the instrument the person(s) or the tity upon behalf of which the person(s) acted, executed J, HICKS CotmhdOn#129V65 a instrument. 'Pum-coffR&O'MIa Alonl6do County SS my hand and official seal.) 14 ~ Si atur f otary 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:Hofinann Land Bond 070000632 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: El Individual ❑Individual Corporate Officer ❑Corporate Officer Title(s): Title(s): ❑Partner-OLimited®General [_1 Partner-[]Limited[]General ®Attorney-in-Fact ❑Attorney-in-Fact Trustee ©Trustee El Guardian or Conservator F-1 Guardian or Conservator ©Other: Top of Thumb Hee ❑Other: Toy of Thumb Herr 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. 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 sea! NTELES 1296585 d Vt CALIFORNIA �,s County 's Match 9,2 Sinater IL��� gna D. PANTELES COMM.#1296585 NOTARY PUBLIC-CALIFORNIA Contra Coal#county Amy Comm,Expires March q, '2003 W5 "N Reference: Improvement Security Bond—8579 Lakes 6 Date: October 13, 2003 Pages: 1 Aft t� 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; 3 -- ACTION BY THE BOARD OF DIRECTORS OF F HOFMANN LANA DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING They undersigned, being all of the present directors pf Hofmann Land Development Company, a Callibmia 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 they 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 Beard of Directors by unanimous wrdteh consent without a meeting. Dated: August 1, 20D0 Kennetfi . n, Director Albert T. Shaw, Dlrpctor mom . ennon, Director omas A, Whalen, Dennis M. Draw, Dire3ct6r r Richard L. Greene, Director 101'W3 FATCO$27 8579 Tax Collector's Office Villiam J.Pollacek 825 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.O.Box 631 f�"` �- Russell V.Watts Martinez,California 94553- 05$a Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)546-4135 FAX Tax Operations Supervisor J Date. 10!612003 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 1 NIS# City- T.R.A. 8579 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 Band. 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, Tr+easu r-TWC111Itor By: