HomeMy WebLinkAboutMINUTES - 12092003 - C24 40
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 9, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMAI GREENBERG9 GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
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 111)
The following documents were presented for Board approval this date:
I. Map
The final map of Subdivision 8578,property located in the Byron area,Supervisorial
District H1, 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(313-2293) on the date shown.
CL:rm
G:\GrpData\EngSvc\BO\2003\12-09-03\SLJB 8578 130-21.doc
cc: Public Works—T.Bell,Construction
Current Planning,Community Development DECEMBER 09, 2003
T—September 4,2004 ATTESTED:
Hof nara'i Land Development Company JOHN SWEETEN, Clerk of the Board of Supervisors and
Robert Henry
1380 Galaxy Way County Administrator
Concord,CA 94522
Liberty Mutual Insurance Company
Deborah Baker
I Front Street,Ste 870 Deputy
San Francisco,CA 94111 By
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
1111)
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: Hofmann Land Development Company
111. 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. 2003/757
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SUBDIVISION AGREEMENT
(Government Code 566462 and 566463)
Subdivision: ��AWSubdivider: z?,f1t za4 D&v,.e ed-Co
Effective Date: Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER,,r Haj*,Pt4 1.,ff,,td Pe re , Co-
.Maurice Shiu, Public Works *rector
By: (Signature) V
RECOMMENDED FO -- VAL (Print name&title) :5/ttcr W, P/,e*I G1 e�r&
By: (Signature)
inee i 0 .g Victor
Division (Print name&title)
Victj
FZAPIP V r 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"County",and the above-mentioned
Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. 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 S S6641 0 and following),in a good workmanlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 47x160, 040 cash,plus additional security,in the amount of S F3(r.> z .3e749
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.
X. 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.
) fifty percent(50%)of the estimated cost of the work.
B. For P a—VIM lent: Security in the amount of S ,#72,e 47e 4 which is
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 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 Supervisors and upon request of the Subdivider,
the amount securities may be reduced in accordance with 594-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider 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. 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. IMPROVEMENT 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 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 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 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 Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required
thereby.
10. SURVEYS. 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. NON-PERFORMANCE AND COSTS:If Subdivider 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 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.
J110U`''-- "11140-4-^••^'^^^''^'`tel ra�-f•�*'++^+•�rr•A 7tnr�Pr th1C Agreement or to recover costs incurred in completingor maintaining the work Subdivider
IU%, UH�y►7liL.LV VVll l�lVl 1✓V11VrMa nt-a e.aavva flaa✓a aa...-a..-.-.�.- �__ '
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. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporated as a city or is annexed to an existing city,except as provided in this paragraph,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 8(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.
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G:1GrpData\EngSvc\Fomns\AG WORDWG-30#2.doc
Rev. December 29,1999
CALIFORNIA
AALL 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
6585
'ALIFO
RNIA
ounty
afch 9,2005'.�
naturc .. ..
..............
................
Reference: Subdivision Agreement— 8578 Lakes 5
Date: October 13,, 2003
Pages: 1
1 K%JU--'JCORDING REQUESTED BY
D
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 8/5/96
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 maybe 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,
1010 I`I.1'.1 1/1 %WWIr1I%P%1.V%7I^ .*
CSS PERMIT
D P 1T
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• OFFICE OF COUNTY AUDITOR-CONTROLR ''
TO THE T EA SURER: IRTINEZ,CALIFORNIA
R �
RECEIVED FROM
ORGANIZATION NUMBER
( nimtion)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
` M $ 0 100
V1.1447, -0, 1 r-�T, I I III [ III III
I
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EXPLANATION.- TOTAL $7
* � `: ..— ,. �, DEPOSIT ,.. I
.. q)-
ell, "
,. ,,. Deposit consists of the following items
(7 (7/ COIN and CURRENCY $ �j;, '
.. 11.� ,j c'"�+ ' r-- '`�` r. {..." CHECKS,M.O.,ETC.
BANK DEPOSITS $
--- ' . .� ' - . r -- �. _ n 11.02
FOR AUDITOR-CONTROLLER USE ONLY
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DEPOSIT
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�' �` PERMIT DP
` { � f �, f lf� ft. � �, fr �r j'.: �,=.: `� ,f NUMBER r
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413390
PT IF.,
DATE *
/ ASSIGNED
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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 County Treasury. acknowledged. — J
�I �"is �� J.` • .R. �`
Signe; c_ .:r (' ..'�: DateE _
T :;1
itle'` `f '
...,Signed: Signe
( EXT. .. . Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-93)
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%.OWV1'111 1 WU LV1`!1 RM%0W* lr%
4 DEPOSIT PERMIT
x
OFFICE OF COUNTY AUDITOR'CONTROLLER ,
MARTINEZ,CALIFORNIA
TO THE TREASURER:
-RECEIVED.FROM
a.
ORGANIZATION NUMBER
-, (Or+ga�ination}
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDjORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
$(4*' CAI,1 I
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7
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EXPLANATION: TOTAL $ }
DEPOSIT #
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE .'t 'f �''�
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 County Treasury. j acknowledged.
Sign �:�``, �'. .. ,. :' ate 'l
/ �,r .Signed: 4;
—` f�; Signed:
Title• EXT. Y. 4Y� ` Deputy County Auditor Deputy County Treasurer
D-34 REV(7-93 ,-. _
t.VUN I T Vf I.VIV 1 KA.%.UO IA
• : DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER:
MARTINEZ,CALIFORNIA
RECEIVED FROM
(0 ) ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
$
VJ
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I
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EXPLANATION: TOTAL $
DEPOSIT i
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $ E
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
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 Cou ty Treasury. p y
acknowledged.
if ff
Signe l DateJ' ..
• i r' =- -= Signed: Signed:
Tale: �f= EXT ''
• Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-93)
fFf fY`J 1
s /
819800-0800: 61121615, $20,755.00, Sub 8571, Cash Performance Bond,
Hoffman Land development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: 61121617, $31,800.00, Sub 8572, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G11216181 $42,480.00, Sub 8577, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G11216191, $9,460.00,, Sub 8578, Cash Performance Gond,
Hoffman 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
819800-0800: 611216561 $3,840.00, RA11471 Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G11216601 $13,600.00, PA0005, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, Sun 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: 611216641 $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: G11216681 $22,300.00,, Sub 8683, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121669, $1,500.00, Sub 87141 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, 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: 61121675, $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. #2011
Oakland, CA 94612
0649-9665 / 831000: 61121655, $500.00, RS 283, Record of Survey
Deposit, Crenshaws', 228 Calle Le Montana, Moraga, CA 94556
0649-9665 / 831000: 61121657, $20,0800.00, 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: 61121659, $109.150.00, PA0005, Landscape
Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 61121661, $135,1700.00., RA1142, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 831000: G11216631 $8,200.0-0, Sub 87121, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 61121665, $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: G11216701 $9,100.00., Sub 8715, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #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: 61121674, $47,680.00, Sub 8717, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310,
San Ramon, CA 94583
821400-08000 G11215031 $640248.001 SCC Sub Reg, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
821500-0800: G11215031 $230628.0Q1 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: 8578, Lakes 5
Bond No.: 0700006al
Premium$8,427
IMPROVEMENT SECURITY BOND
FOR SUBDMSION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 -66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision_65_78., _, as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement, all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final neap or parcel map for said
subdivision.
2. OBLIGATION: 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: Nine Hundred Thirty Six Thousand Three Hundred Forty and o/100ths*****
Dollars($936,340.00***** for Contra Costa County or any city assignee under
v
o e County Subdivision Agreement
the ab Subdivision �
.
B. Payment: Four Hundred Seventy Two Thousand Nine Hundred and no/100ths***** Dollars
($A72,90Q,00***** )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CW-Off ION:
A. Thio Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal,
or prfciPal'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
per owned at the time and in the manner therein specified and in all respects according to their true
i.ntnnt 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.B.) above, is such that said principal and the
undersigned, as corporate surety, are held fu-mly 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 Insufance 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(co:mum.encing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the work under conditions of this bond be fully performed,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability
on this bond;and consent is hereby given to make such alteration without Ru-ther 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.
SIGNED AND SEALED on October 10th,2003
PRINCIPAL: Hofmann Land Development Company SURETY: Liberty Mutual Insurance Company
Address---'O� os� Address: 1 Front Street,Ste.870
City: City* San Frandko,CA Zip: 9411-114,
By:
By:
Print Narne,.Ck Print Nanne: Deborah Baker
Title: Title: Attorney-in-Fact
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GAGrpDaLa\EngSvc\Fonns\]3N WORMBN-12.doc
Rcv,November 28,2000
r t
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 ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LNHC-6539 2/03
1274310
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
JAMES C.JENKINS, MICI- -EL Gr HOQ_AN1 MATTHEW J D.RUMRIGHT,DEBORAH-BAKER,,ALL OF THE CITY
F NCORD, STATE OIC CALIFORNI ► m-mass rrsr.. r.ssrr ..s.ra.r}ssrowns
mason miff rrrauraamong rrrsirr.awle-M .ryssorrorrMom.r.rrr.rrrmasses rrrrrr.Mangano an
■..rn DDonnr■r oDnnnnr DaornrnrDrnnDrrDrn■rr ran�irD DasD�DD
WIN-m-ma NONE MEN■saw woor"o ra Ma■Down mom was r11msdma ME mass sorra•mom ma■■rnonaliall--a,Dan.nonage nrYorsn-rr���■nr.DDnnnnrDD■rnnnrooDnrrrDODonDrrrn
each individually if there be more than one parsed,its true and Lawful attorney-in-fact to rn e,execute,seal,acknt�irledge and deliver,for and on its
behalf as surety and as its act and died,ani and all undertakings,bonds, recogruzances and other---surety obli atio -s in� he penal sum not exceeding
FIFTY MILLION AND 00/100**�*���*****���**�* ***** --
DOLLARS($ -50�X000.0 )each,and the
execution of such undertakings, bonds, recognizances and-other surety obligations, in-pursuance:of ahese presents, shall be as binding upon the
Company as if they had been duly signed by-the president-and-attested by the-secretary of the_=Company in their own proper persons.
That this power is made and executed-- rsuant to and by authority:-of the following By-law n,-,,
ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe,shah appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such V
N 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 on
Osignature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 4)
0
C as binding as if signed by the president and attested by the secretary. ,_
� vs �
w 4) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
M12 C Pursuant to Article XIII, Section 5 of the By Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby Cg
La authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal, acknowledge and =
deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O
Im I""4) That�.. 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W
O
LM
> IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of L E
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of April o
2003 a
.y o
Cc i LIBERTY MUTUAL INSURANCE COMPANY son MOMM
Sam
ag
OE E
By
O a' co
9%IONu ,,
> v Garnet W.Elliott,Assistant Secretary ,�o
400 COMMONWEALTH OF PENNSYLVANIA ss � � t o
c Cc COUNTY OF MONTGOMERY
A- o
c
On this 29th da of Aril 20Q3 before me M'
Y EMEM
,—, , a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged
BONN that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above �3
L 6 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. M
+0 >.8
.� IN TESTIMONY Hand subscribed my name-and-.affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the da and ear wr
soon
v first above written. a Y Y YN
ca co
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O L ; '€a€rvv`t�c F ty cti .. `aai= $i Leh ■�
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�"_ tx,? � ;> :* Ft^t A £,� .�; To s Pastella,Notary Pubi'rc0
v,—
s :..'.�.#'.., far..a.
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0(0
CERTIFICATE
I—r
I,the undersigned,Assistant ecretary of-Lib-e Mutual insurance Company,do hereby-'' that the original pow-'r-6t.attorney of which the foregoing
9 9
is a full,true and correct copy, is in full force-and effect onthe-date of-this-certificate;and t do further:
1
State of California
County of Contra Costa
On October 101 2003 ,before me,Myra J. Hicks personally appeared Deborah Baker
®Personally known to me -or- [:]proved to me on the basis of satisfactoryevidence to be the person(s)
p ( )
whose name(s) is/are subscribed to the within instrument
1.:. � and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity (les) and that by his
±, MYRA J. NICD
/her/their signature(s) on the instrument the person(s) or the
z COMmISsI°n#1292765 `.
entity upon behalf of which the person(s) acted, executed
' NofclrY Public-Catj fthe instrument.
Alameda County
MYC0MM. h9b
2OvS WITNESS my hand anLoi ial eal.
Si a e of Notary Public
---------------------------------------------------Optional-----------------------------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of attached Document
Title or Type of Document: Hofmann 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:
F-1 Individual El Individual
F-1 Corporate Officer Ej Corporate Officer
Title(s): Title(s):
❑ Partner-❑Limited❑General El Partner-❑Limited❑General
® Attorney-in-Fact ❑ Attorney-in-Fact
F] Trustee
❑ Trustee
❑ Guardian or Conservator x s:
RIGS'THUM�3RTNT
*i
F-1Guardian or Conservator QFSIONER
FlOther : Top of Thumb Here El Other : Tof Thum r
p ob Here
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 seal
::.........................................................................................................::
"Sam.
PA
48�
� ,FORNIA
ti
2ft Ow 0 V5
Signature
.....................................................................................................................................................................................:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
.....................................................................................................................................................................................
Reference: Improvement Security Bond— 8578 Lakes 5
Date: October 13, 2003
Pages: 1
1 ,
CERTIFICATION OF SECRETARY
I, Dennis M. Drew, do hereby certify that I.am duly elected and qualified
Secretary and the keeper of the records and corporate seal of Hofmann Land
Development Company, a corporation organized and existing under the laws of the
State of California, and that the attached is a true and correct copy of a resolution duly
adopted at a meeting of the Bard of Directors thereof, convened and held in accordance
with law and the Bylaws of said Corporation and that such resolution is now in full force
and effect.
Dennis M. Drew, Secretary
Date.
ACTION BY THE BOARD of DIRECTORS O
-~- HOFMANN LANb DEVELOPMENT COMPANY
t
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, suoh 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 they taking of action of the Board of
Directors by unanimous written consent without a meeting.
Dated". August 1, 2000
AOO
KennetK14 a n, Director
Albert T. Shaw, DI ctor
�.�Wbo�T'A!'ennon, Director
omas A„ Whalen, DI �
Dennis M. Brew, Director
Richard L. Greene, Director
• 109/03 FATCO $27 8578
Tax Collector's Office Milliam J.Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P.0. Box 631 Russell V.Watts
Martinez, California 94553- Costa Treasurer-
Tax Deputy Treasurer Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
.y
C�
qC UTZ
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 cal p
calculate a segregation Is
The amount calculated is void 30 days from the date of this letter.
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasurer-Tax Col ector
By: