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Home My WebLink AboutMINUTES - 09092003 - C.28-C.32 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 9, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2003/542 SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 8166, Byron area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivison Agreement between Talisman. Realty Group, Inc.,dba Hofinann Land Development,and the County for construction of certain improvements in Subdivision 8166, in the Byron area, through June 30, 2004; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: 2003 REASON FOR EXTENSION: Reclamite Application IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. PE:m1 G`GrpData\EngSvc\BO\2003\9-09-03\SUB 81M BO-1 l.doc 7 hereby certify that this is a true and correct copy of an action taken Costaalar: Pudic warp 13-2 and entered on the minutes of the Board of Supervisors on the date Contact: RichLierly(3£3-2348} p shown. W. Public Works—T.Bell,Construction Current Planning,Corranunity Development T-April 30,2004 ATTESTED:_ SEPTEMBER 09, 2003 Talisman Realty Group Inc. _ dba Hofmann Land Development JOHN SWEETEN, Clerk of the Board of Supervisors and County 1380 Galaxy Way Administrator Concord,CA 94520 The American Insurance Co. 777 San Marin Drive Novato,CA 94998 By_ � ,Deputy RESOLUTION NO.2003/ 542 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 8166 Developer: Talisman Realty Group,Inc. Original Agreement Date: May 16,2000 Second Extension New Termination Date: June 30,2004 Improvement Security Surety: The American Insurance Co. I Bond No. (Date): 11119463740 (April 25,2000) i Security Type Security Amount i Cash: $ 11,300.00(1% cash,$1,000 Min.) Bond: $ 1,174,400.00(Performance) $593,150.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: Dated:-- FOR ated:_FOR CONTRA COSTA COUNTY ' 4 _ Maurice M. S u,Public Works Director Developer's Signature(s) Printed C011 RECOMME APPROVAL: Address By: THE AMERTCAN INSURANCE CQMPANY Bering Services Division) Surety or Financial Institution 777 San Marin Drive Novato, CA 94998 OAomey ,� A 1'"` (NOTE. Developer's, Surety's and Financial � Institution's Signatures must be Notarized.) acts Signature FORM APPROVED:Vktor 1.Wotmm County Cm 1 C,,heryl 1 A- Currier-- Printed After Ayvraval Return to Clerk of the Board CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Q, k r fi OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On ,before me,_.`,/ '� - b3 Though statute does not require the Notary to fill 'DATt NAME,TITLE OF OFFICER E.G.,1ANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to personally appeared persons relying on the document. � �""""'' 4��C�C� NAME(S)OF SIGNER(S) ❑ ❑ INDNIDUAL ❑ personally known to me-OR-El 13 provided to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed 1 � TITLE(S) to the within instrument and acknowledged to me that he/she/the executed the same in y ❑ ® PARTNER(S) ❑ ❑ LIMITED his/her/their authorized capacity(ies),and that by Vt TAPt k It.0 1296685 hider/their signature(s)on the instrument the El 13 GENERAL NQta4 ubt£-CA1krGtRNiA U C, ❑ ATTORNEY-IN-FACT ., person{s}or the entity upon behalf of which the f,onira esf8 county E. ❑ TRUSTEE(S) e nn. 1p.rxs n9arch.9 person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR ❑ ❑ OTHER: my hand and official seal, SIGNER IS REPRESENTING: SIGNATURE OF NOTARY {NAME OF PERSON(S)OR ENTITY(IES)) ❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document, ,�k%,�2tri TO THE DOCUMENT AT RIGHT. Number of Pages X Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS - The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. 111. SIGNATURES FOR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board (bThe President c Any Vice-President GROUP 2, aThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: 11 ..and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors." STATE OF California COUNTY OF Marin On this 171h Day of June, 2003 before me personally came Cheryii Ar Currier to me known, who being by so duly sworn, did depose and say: that he/she is Attorney-In-Fact of ---- The American Insurance Company the Corporation described in and which executed the foregoing instrument; that he/she knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by authority granted to him/her in accordance with the By-Laws of the said Corporation, and that he/she signed his/her name thereto by like authority. NOT Y PUBLIC Brenda J. Dickson My Commission Expires r BRENDA J.DICKSON COMM.#131W92 Y «,� Nt31'AftY Pusuc-cAUgcRNta � MAMN COUNTY 0 My Comm,ExMrss August 1 i,2006'4 FIREMAN'S FUND INSURANCE COMPANY NATIONALSURE Y CORPORAT ON ASSOCIATED INDEIiNNFry CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN A_UI`ONIOBILE INSURANCE WMpANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TIiESE PRESENTS. Tliat FIREMAN'S FtM INSURANCE COMPANY, a California corporation, NATIONAL, SURE-f 'CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a Now Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called`the Companies")docs cacti hereby appoint Cheryll A. Currier of Novato, CA their ince and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowtcdgc and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------ and —_—_w-----`"and to bind the.Companies thereby as fully and to the same extant as if such bonds were signed by the.President,sealed with the corporate seals of the Companies and duly attestod by the Companies'S=dary,hereby ratifying and confirming all that the said Attorncy(s)-in-Fact may do in Ile prrnYiscs. This power of attorney is granted under and by tit authority of Article V11 of tits By-laws of cacti of tine Companies which provisions are now in full fork and effect.. 'This power of attorney is signed and scaled under the authority of the following Resolution adopted by the Board of Directors of cacti of the Companies at a meeting duty called and held,or by written consent,on the 19th day of Marchi, 1995,and said Resolution has not boat amended or repealed: "RESOLVI D,(fiat the signature of any Vico-President,Assistant Secretary,and Resident Assistan(Sccretary of tilt Companies, and the seal of the Companies may be,alfixed or printed on any power of atiomcy,on any revocation of any power of a€tomoy, or on any certificate relating thereto,by facsimitc,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile scat shalt be valid and binding upon the Companies.," IN WITNESS'4VETREOI the Companies have caused these presents to be.signed by their Vice-President,and their corporate seats to bt hereunto ffi axed this .1st- April Of 21 t)3 FIP..EMAN'S FUND INSURANCE WANY � `" ' 4', <,-; t,` . `•,, d `�`•.+-.•-` < ��`'; ` NAHON��A�L�SURETY CO RATION THE AMERICAN INSt JRAti MI'ANY +�€ t ;f t 'a r ASSOC1ATiD INDEMNITY RATION `s y< 't <"c c�o�` 3�c"t`�►`} rr AMERICAN MOBM.E INS COMPANY STATE OF CALIFORNIA COUNTY OF MAIM SS. By vi csrdent On this 1st day of April 2 0 0 3 ,before me personally ca t Harold .N----Marsh to me known,who,being by me duty sworn,did depose and say.that he is a Vice-President of cacti.company,described in and which executed the above instrument;that le knows Clic seals of the said Companies,brat the seats affixed to tic said instmmen€are such company seals-,that they were so affixed by order of the Board of Directors of said oompanics and that he signed his name thereto by like,order. IN WII'NmSS wiimEOC 1 have hereunto set my hand and affixed my official seal,tlre.day and year herein first above written. r KRISTIN A.GAZZOU OWM.91M2236 "p NOTARY PU8Uc er1jr_O tN(& M&M coUtoy 0 My gym.Ex&ts AfA 2Q,2004 'r Notax i STATE OF CALWORNIA SS. CERTIFICATE COUNTY OF MARIN L tfmc undersigned, Resident Assistant Secretary of cacti company, DO Iii REBY Cr_RTIizY brat lire foregoing and attached POWER OF ATTORNEY remains in full force and has not licca revoked;and furdicrrnore that Article.VU of the Cly-laws of cacti company,and the Resolution of the Board of Directors-,set forth in tic Power of Attorney,acre now in force. Signed and scaled at(tic County of Marin. dated the i�' day of ' �..or' Y q < ti.e,8`` �{rc"�co 'Y'��'u. tta'cdcnt Axsistant Sr>es�(a+�' CONTRA COSTA Cc Recorder Office +� STEPHEN L WEIR Clerk-Recorder Recorded at the request of: DOC'-' 200h-0451113-00 Contra Costa County Wednesday, SEP 10, 2003 09:30:16 Board of Supervisors FRE $0.00 Return to- Public Works Department Tt l Pd $0.00 Nbr-0001736026 Engineering Services Division 1 r c/R9/1—2 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 9, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2003/ 543 SUBJECT: Accepting completion ofpublic right-of-way landscaping improvements,Subdivision 5166, Byron area. (District III) The Public Works Director has notified this Board that the public right-of-way landscaping improvements in Subdivision 8166(east side ofBixler Road from Newport Drive to Point of Timber Road;south side of Point of Timber Road from.Bixler Road to the eastern limit of Subdivision 8167; the west side of Preston Drive from Point of Timber Road to Newport Drive;the east side of Preston Drive from Point of Timber Road to Newbury Lane; and Preston Drive medians) have been completed as provided in the Right-of-Way Landscaping Agreement with Talisman Realty Group, Inc., heretofore approved by this Board on May 16, 2000. PE:rm G:\GrpData\EngSvc\BO\2003\9-09-03\SUB 8166 BO-45.doc Originator: Public Works(ES) I hereby Certify that this is a true and correct copy of an Contact: Rich Lierly(313-2348) action taken and entered on the minutes of the Board of ce: Public Works -Fed I.D.68-0419482 or State ID 02118258,Accounting Supervisors on the date shown. -T.Bell,Construction Div. -M.Valdez,M&T Lab SEPTEMBER 09 2003 -H.Finch,Maintenance Div. ATTESTED: -P.Edwards,Engineering ser. JOHN SWEETEN, Clerk of the Board of Supervisors and -I.Bergeron,Mapping Div. -Special Districts County Administrator -T.—September 9,2004 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Talisman Realty Group,Inc. By n Deputy dba Hofmann Land Development Co. 1380 Galaxy Way Concord,CA 94520 St.Paul Fire and Marine Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 RESOLUTION NO.2003/ 543 SUBJECT: Accepting completion ofpublic right-of-way landscaping improvements,Subdivision 8166, Byron area. (District III) DATE: September 9, 2003 PACE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been CO�YIPLETED as of September 9,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY May 16, 2000 The American Insurance Company BE IT FURTHER.RESOLVED the payment (labor and materials) surety for $62,490.00, Bond No. 11119463732 issued by the above surety be RETAINED for the six month lien guarantee period until March 9, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No. 348304,dated April 11, 2000) made by Talisman Realty Group, Inc. and the performance/maintenance surety for $123,980.00, Bond Number 11119463732 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RLSOLUrION NO. 2003/543 Ort 30 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 9, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2003/ 544 SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivison 8167, Byron area.. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivison Agreement between Hofmann Land Development and the County for construction of certain improvements in Subdivision 8167,in the Byron area, through June 30, 2404; +M APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% +r ANTICIPATED DATE OF COMPLETION: 2003 ♦ REASON FOR EXTENSION: Reclamite Application IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken PE:M) and entered on the minutes of the Board of Supervisors on the date G:1GrpDatalEngSveU301200319-09-03\SUB 8167 80-11.doc shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) .ATTESTED: SEPTEMBER 09, 2003 cc. Public Warks-T.Bell,Construction JOIE SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T–April 30.2004 Hofmann Land Development 1380 Galaxy Way Concord,CA ranee C B ' ,Deputy The American insurance{;'many y— 777 San Marin Drive Novato,CA 94998 RESOLUTION NO.2003/ 544 cl._;e CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 8167 Developer: Hofmann Land Development Co.,Inc. Original Agreement Date: September 12,2000 Second Extension New Termination Date: June 30,2004 Improvement Security Surety: The American Insurance Co. Bond No. (Date): 11119463880(July 31,2000) Security TyraSecurity Amount Cash: $ 10,500.00 (1% cash,$1,000 Min.) Bond: $ 1,036,000.00(Performance) $523,250.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same, Dated: Dated: FOR CONTRA COSTA COUNTY .'P Maurice 11�-ShW Public Works Director Developer's Signature(s) 'AYBy: v "� . printed RECO ME PROVAL: Address By: - - Tti.E._ MERTC N 12,911RANE COMPANY ( ng Services Division) Surety or Financial Institution 777 San Marin Drive Novato, CA 94998 lAttom*eFacts � t. (NOTE: Developer's, ,,Surety's and Financial X ' nInstitution's Signatures must lie Notarized.) Signature FORM APPROVED:Vic J.R'OWM,C—AYCOMW Cheryll.. A. Currier Printed rf ter—Amr Return to gcr_k ofLAe Board C_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ""tea OPTIONAL SECTION a County of _ CAPACITY CLAIMED BY SIGNER r # On t'` ,before me, C� +� `3 Though statute does not require the Notary to 1111 DAT NAME,TITLE OF OFFICER E.G,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to personally appeared _ € persons relying on the document. NAME(S)OF SIGNER(S) D ❑ INDIVIDUAL ❑ CORPORA E OFFICER(S) .. L personally known to me-OR-Q❑ provided to me on the basis of satisfactory evidence to 4Z. 4C; „ be the person(s)whose name(s)is/are subscribed — TITLE(S) to the within instrument and acknowledged to me that he/she/they executed the same in ❑ ❑ PARTNER(S) Ll C7 LIMITED his/herftheir authorized capacity(ies),and that by C7 ❑ GENERAL 0 rt p is/her/their signature(s)on the instrument the'A Ni T 5i.ES erson(s)or the entity upon behalf of which the 7 ® ATTORNEY-IN-FACT 1296585 OMIT,,I'y PUBLIC, 1113TRUSTEE(S) W't4erson(s)acted,executed the instrument, ❑ p GUARDIAN/CONSERVATOR `t8 Cncnty ESS my hand and official seal; ❑ ❑ OTHER: Pty=:uKr .aires�laran " SIGNER IS REPRESENTING: SIGNATURE OF 2i07'ARY {NAME OF PERSON(S)OR ENTITY(IES)} G❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICA'T'E MUST BE ATTACHED Title or Type of TO THE DOCUMENT AT RIGHT. Number of Pages - Though the adjacent data is not required by law,it may prove valuable Date of Document 7 to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II, SIG�,LATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR.PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (aThe Chair of the Board b}}}The President c Any Vice-President GROUP 2. a)The Secretary ))An Assistant Secretary The Chief Financial Officer d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear ori the instrument,a certified copy of a resolution of the Board of Directors authorizing theperson si ing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will i C e. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." STATE OF &a1ifornia COUNTY OF Marin On this 17t Day of June, 2003 before me personally came Chemll A. Currier to me known, who being by so duly sworn, did depose and say: that he/she is Attorney-In-Fact of The American Insurance Company the Corporation described in and which executed the foregoing instrument; that he/she knows the seal of said Corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by authority granted to him/her in accordance with the By-Laws of the said Corporation, and that he/she signed his/her name thereto by like authority. 1 4",- n�_Lw' NOTARY PUBLIC Brenda J. Dickson My Commission Expires r BRENDA J.DICKSON { 0 COMM.#1316092 NOTARY PUSUC,CALIF ORMA MAR N COU14'tY Q My�`iOMM.✓~xpireas August 17.2005 t I:IItERAN'S FUND INSURANCE COMPANY Kh`CIC}NA.LSCJiZ.MCt3itf"t3ttN ION ASSOCIATED INDEMNITYC,oRpop..ii`I'IC)It THE Al IERIOM INSURANCE COMPANY AMERICAN AUrOMOl BLE INSURANCE C*MPANY GENERAL PO"TR OF ATMRNEY KNOW ALL MEN BY TIDE PRUSUt rS: That FIRD-AAN'S FUND INSURANCE COMPANY a California corporation, NATIONAL SURETY CORPORATION.an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation rcdomcsticatcd in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUFOMOBTLE INSURANCE COMPANY,a h issouri corporation,(therein collectively called'the Companies")does cacti hereby appoint Cheryll. A. Currier of Novato, CA €trcir two and lawful Attotucy(s)-in-Fact., with full power of authority hereby conferred in their name, place and stead, to execute, scat, acknowledge and deliver any and all bonds,undertakings,recogni2aaccs or odicr written obligations in tits nature thereof------------ and Eo bind dhc Companies thereby as fully and to tit--same extent as if such bonds were signed by(he Presidcnt,scaled with the corporate seals of the Companies and duty arrested by tfio Companies'Secuctary,Thereby ratifying and confining all that the said Attomey(s)-in-Fact may do in the prr_mises. This power of attorney is granted under and by the authority of Article VII of the By-laws of cacti of(Ito Companies which provisions are now in full foicc and effect- This power of aizorncy is signed and scaled under(he authority of the following Resolution adopted by the hoard of Directors of cacti of the Companies at a meeting duty called and held,or by written consent,on the 19dh day of March, 1995,and said Resolutioth has not been amended or rcpeatcd: "RESOLVED,that die.signature of any Vice-President,Assistant Secretary,and Residen€Assistant Secretary of die Companies, and the seal of dic Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any ecrtificatc relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or oertificatc bearing such facsimile signature or facsimile seat shall be valid and binding upon the Companies." IN WrIVESS WHEREOF,the Companies have caused these presents to be sip ed by their Vice-Presiden€,and their corporate seats to be thereunto affixed this l s t day of Ap ri 1 _2003 __. FIREMAN'S FUND INSURANCE WANY es*V-1— 1, NATIONAL SLTIC.IrYI"f�''CO RATION n4EAJvilMC.,ANINSL7RAl*I MPANY ASSOC IATED INDEMNITY ORATION c cc co � �XwcE'c�3K` 'tlftS AJdCAN iviCJ23IL 1;IIS 'G�12��'t�btl' STATE OF CALIFORNIA .SS. By COUNTY OF MARIN Vi rsCdcnt on this , - 1st dayof Aril y 2003 ,boforomo-personallyca ie Harold .N_, marsh to rtrc known.who,bang by me duty swore,did depose and say:that he is a VViicc President of cacti company,described in and which executed the above instrument;that he knows the scats of the said Companies;dial the scats affixed to the said instrument are such company seals;that, they were so affixed by order of thio Board of D`urcfors of said companies and that he signed his name thicreto by like order. IN WCtVESS WI-M-R :OF,I have hereunto set,my hand and affixed my official scat.the.(fay and year lhercin first above written. x.. KRISTIN A GAZZOLt h � O 00M 91262235 NOTARY PiieUC-C14jFc*k"1A 14ARIN eoQWy 0 , My Comm 0�s 2V ZM 1 �t STATE OF CALIFORNIA �5S. CERTIFICATE COUNTY OF MARLIN I, ilio undersigned, Resident Assistant Secretary of cacti company. DO IfEREBY Cr-RTIIzY that (tic foregoing, and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furdhcrraorc thha€Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set fordi in the Power of Attorney,afe now in force. Signcd and scaled at die County of Marin. Dated the ' - day of a CS •• 't!" t `' wac F #Y ,�1` w +ek »•.+ 'rr�c c° 4kcr c° - Rcsicttnt hssrsixnr.,'"re'acrxry rt f I I 111 I I I I 1111111111 I I 11111 11111111 11111 I I I]111 I I CONTRA COSTA Cc Recorder Office C. STEPHEN L, WEIR Clerk-Recorder Recorded at the request of: DOC— 200 —0451114-00 Contra Costa County Board of Supervisors Wednesday, SEP 10, 2003 09:30:19 Return to: FRE $0.00 Public works Depart hent T t 1 Pd $0,00 Nbr-0001736028 Engineering Services Division 1 r C/RS/1-2 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 9, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG AND DESAULNIER NOES: NODE ABSENT: SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2003/ 545 SUBJECT: Accepting completion ofpublic right-of-way landscaping improvements,Subdivision 8428, Byron area. (District III) The Public Works Director has notified this Beard that the public right-of-way landscaping improvements in Subdivision 8428 (north side of Point of Timber Road from Grand Way to the eastern limit of Subdivision 8428) have been completed as provided in the Right-of-Way Landscaping Agreement with Hofmann Land Development Company,heretofore approved by this Board on October 2, 2001. PE:rm G:\GrpData\EngSvc\BO\2003\9-09-03\SUB 8428 B0-45.doc Originator: Public Worm(Es) I hereby certify that this is a true and correct copy of an Contact: Rich Lierly(313-2348) action taken and entered on the minutes of the Board of cc: Public Works -Fed I.D.68-0419482 State ID 02118258,Accounting Supervisors on the date shown. -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. A'T'TESTED; SEPTEMB 1. -]..Bergeron,Mapping Div. ER 09. 200'3 - Edwards,Engineering Ser. JOHN SWEETEN, Clerk of the Board of Supervisors and -Special Districts County Administrator -T.—September 9,2004 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Hofmann Land Development Company By� �'� , Deputy 1380 Galaxy Way Concord,CA 94520 The American Insurance Company 777 San Marin Drive Novato,CA 94998 RESOLUTION NO.2003/ 545 SUBJECT: Accepting completion ofpublic right-of-way landscaping improvements,Subdivision 8428, Byron area. (District III) DATE: September 9, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 9,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BA'VK:ISURETY October 2, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $68,950.00, Bond No. 11141714177 issued by the above surety be RETAINED for the six month lien guarantee period until:March 9, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $13,800.00 cash deposit (Auditor's Deposit Permit No. 373955 , dated September 6, 2001) made by Hofmann Land Development Company and the performance/maintenance surety for $124,100.00, Bond Number 11141714177 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION N0. 2003/545 CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DOC— 2003-0451115-00 Contra Costa County Board of Supervisors Wedmesd:y,, SEP 10, 2003 09:30:25 Return to: FRE $0,00 {, r� Public Works Department i 6l Pd $O,N Nbr-0001736032 Engineering Services Division 1 / i Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 9, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG AND DESAULNIER ':IDES: NONE ABSENT: SUPERVISOR. GLOVER ABSTAIN: NONE RESOLUTION NO. 2003! 546 SUBJECT: Accepting completion ofpublic right-of-way landscaping improvements,Subdivision 8432, Byron area. (District III) The Public Works Director has notified this.Board that the public right-of-way landscaping improvements in Subdivision 843.2 (east side of Bixler Road from the northern limit of the Evans' property to the northern limit of Subdivision 8432)have been completed as provided in the Right-of- Way ight-ofWay Landscaping Agreement with Hofmann Land Development Company,heretofore approved by this Board on May 14, 2002, PE:sm G:\GrpData\EngSvc\BO\2003\9-09-03\SUB 8432 DO.45.doc Originator. Public Warks(ES) I hereby certify that this is a true and correct copy of an Contact: Rich Lierly(31 3�-2348) cc: Public Works Fed I.D.68-0419482 action taken and entered on the minutes of the Board tC o State ID 02118258,Accounting Supervisors on the date Shown. T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: SEPTEMBER 09, 2003 -1. Edwards,Engineering ser. JOHN SWEETEN Clerk of the Board of Supervisors and -I.Bergeron,Mapping Div. � -Special Districts County Administrator -T.–September 9,2004 Sheriff-Patrol Div.Commander CHP,c/o Al CSAR–Cartog Hofmann.Land Development Company By , Deputy 1380 Galaxy Way Concord,CA 94520 St.Paul Fire and Marine Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 RESOLUTION NO.2003/ 546 ry a SUBJECT: Accepting completion ofpublic right-of-way landscaping improvements,Subdivision 8432,Byron area. (District III) DATE: September 9,2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 9,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY May 14, 2002 St. Paul Fire and Marine Insurance Company BE IT FURTHER RESOLVED the payment Tabor and materials) surety for $11,100.00, Band No. SP9458 issued by the above surety be RETAINED for the six month lien guarantee period until March 9,2004, at which time the Clerk of the Board.is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$230.00 and$770.00 cash deposits(Auditor's Deposit Permit No.385380,dated April 25,2002)made by Hofmann Land Development Company and the performance/maintenance surety for$22,000.00,Bond Number SP9458 issued by St.Paul Fire and Marine Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/. 46