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MINUTES - 10122004 - C11
TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: October 12, 2004 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08827. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 557 for Subdivision 04-08827, approving the Final Map and Subdivision Agreement, being developed by Hofmann Land Development Company, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 04-08827 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the final map. CONSEQUENCES OF NEGATIVE ACTION: The final map will not be approved. Continued on Attachment: SIGNATURE.- -RECOMMENDATION IGNATURE:—TtECOMMENDATION OF COUNTY ADMINISTRATOR - RECOMMENDATION OF BOARD COMMITTEE —,-APPROVE nOTHER SIGNATURES ACTION OF BO.,I(Rb ON OCTOBER 12.12. 2004 APPROVED AS RECOMMENDED XX OTHER s s £ I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown. XX UNANIMOUS{ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 12, 2004 JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\80\2004\10-12-041,SD 04-08827 0rder.doc OAgg Div: Public Works(ES) Supervisors and County Administrator Contact: Frank Navarra(343-2264) cc: Public Works-T.Bell,Construction. Current Plam,ing,Community Development T-August 12,2005 Hofmann Land Development Company �y 77�� Attn:Robert Henry By , Deputy 1380 Galaxy Way 011 IV Concord,CA 94520 Liberty Mutual Insurance Company Attu:Kathleen Beck I Front Street,Ste.870 Sen Francisco,CA 94111 Liberty Mutual Insurance Company Attn:Matthew J.Drurnright 1 Front Street Say,Francisco,CA 94111 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT'S, CALIFORNIA Adopted this Resolution on October 12, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVE NOES: NONE ABSENT: NONE ABS'T'AIN: NONE RESOLUTION NO. 20041 557 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08827, being developed by Hofmann Land Development Company,Byron area.(District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8827,property located in the Byron area,Supervisorial District III, said reap 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: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator:Public Works(ES) On the date shown. Contact: Frank Navarro(313-2264) KH:rm 0:\GrpData\FngSvc',BO\2004\10-12-04\SD 04-08827 BO-21.doc cc: Public Works—T.Bell,Construction Current Planning,Community Development ATTESTED: OCrOBER 12, 2004 Ho riann August 12,Zoos JOHN SWEETEN, Clerk of the Board of Supervisors and Hafrmnn Land Development Company � 1, Attn:Robert Henry County Administrator 1380 Galaxy Way Concord,CA 94520 Liberty Mutual Insurance Company Attn:Kathleen Beck I Front Street,Ste.870 By Deputy San Francisco,CA 94111 Liberty Mutual Insurance Company Attn:Matthew J.Drumright 1 Front Street San Francisco,CA 94111 RESOLUTION NO.2004/ 557 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08827, being developed by Hofmann Land Development Company,Byron area. (District III) DATE: October 12, 2004 PAGE: 2 A. Cash Bond Performance amount: $32,124.00 Auditor's Deposit Permit No. 430669 Date: September 2, 2004 Submitted by: Hofmann Land Development Company Tax ID Number: 68-0419482 B. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number: 070000704 Date: August 31, 2004 Performance Amount: $3,180,276.00 Labor&Materials Amount: $1,606,200.00 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 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $355,000.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Liberty Mutual Insurance Company Bond Number: 070000707 Date: September 1, 2004 Amount: $355,000.00 Principal: Hofmann Land Development Company NOW, THEREFORE, THE FOLLOWING IS RESOLVED: I. 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. 20041557 SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) _ Subdivision. + Is 71 Effective Date. �j t 4 €i Subdivider. H .,;,-,n LE���cis' ��y�t�>���e,-, J � �, Completion Period: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER , MaunoeM,Shlu Public Works Director i ' B � --� Print Name ,+ t j, �5 kA rel RtC014AENDED FOR APPROVAL: ' s` Print Title C ?" Print Name By: ✓ rneenng Senrus L WOW r Print Title FORM APPROVE: Slivano B.Marchesi,County Counsel N(NQTE:All signatures must be acknowledged,If Subdivider is incorporated,the contract - _ must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president,the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California } ss. County of �Zt t;:t w ;_ z t:;rt M ) On the date writlan below,before me the undersigned Notary Public,personally appeared the person(s)signing above for - `. ? personally known to me( )to be the personal whose name(s)Is; subscribed to the within instrument and acknowledged to me that executed the same in hlsiWi#*authorized capacity(W,and that by haft / signature(4.on the instrument the person04,,or the entity upon behalf of which the person*acted, executed the Instrument WITNESS my hand and official seal. Dated: s C . a ,,: PANS `�?It —11—= ,r. I E5 w Diary Public U ,p omm.#1296585 Vl NOTARY PURR-CALIFORNIA UI (Notary Seal) Contra Coat;County qtY COmM Expires ht;acltg,20435"a 1. PARTIES&DATE,Effective on the above date,the County of Contra Costa,California,(hereinafter"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 ether Improvements(Including appurtenant equipment)as required in the improvement pians for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department as required by the Conditions of Approval for this Subdivision,and In conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter"Ordinance Code"). Subdivider shall complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Cale,§§56411 et.seq.)In a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a oonffict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For EgIt manc eagd Guarantee:$ cash,plus additional security,in the amount of$3,)�A�,'Vuhich together total one hundred pement(100%)of the estimated cost of the Work. Such additional security is presented In the form of: Cash,certified check or cashiar's check. ;1. Acceptable corporate sv,.irsty bond. Acceptable irrevocable letter of credit. With this security,Subdivlderguarantees perfonnanoe underthis Agreement and maintenance of the Work€oronayearafterits completion and acceptance against any defective workmanship or materiels or any unsatisfactory performance. B. For Payment Security In the amount$ 2e, - which is fifty percent(50%)of the estimated cost of the Work.Such security Is presented in the a form of. Cash,certified check,or cashier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.91031 Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its 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 Subdivider,the amounts held as security may be reduced in accordance with Sections 94-4.406 and 94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the 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 Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plantestablishmentwork for landscaping installed under this Agreement Said plantestabiishmentwork 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 en sure 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, lf,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said Irnprovement 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 the 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 andlor materials,or payments therefor,or any combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby 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 defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,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 glow,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 County reviewed said Improvement plans or accepted tine Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said iiabliffies and claims. C. The actions causing liability are any act or omission(negligent or non-neg#/gent)in connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. Non-Condltions.The promise and agreement in this section are notcorlditioned or dependenton whetherornot any indemiriftee 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 from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;materia: checks and tests;and other costs incurred by County staff arising from or related to the Work,and prior to acceptance of the Work as complete orexpirabon of any applicable warranty periods, whichever is later. 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 the Work as complete by the Board of Supervisors. 11, NON-PERFORMANCE AND COSTS. if Subdivider fails to complete the Work within the time specked in this Agreement,and subsequent extensions,or faits to maintain the Work,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 County(Including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action Is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently compietas the Work. Should County sue to compel performance underthis Agreement or to recover costs incurred in completing or maintaining the Wodc,Subdivider agrees to pay all attomey's fees, staff costs 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,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(indemnity)shah continue to apply in favor of the indemnitees listed in paragraph 8.A,upon any such Incorporation or annexation. 1. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14, RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be Installed pursuant to the improvement plans,by County and its farces,including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel rRev.9103, H:%FinahPWiLW-SubAgmt.9.03.wpd Page 2 of 2 CERTIFICATION OF SECRETARY I, Dennis M. Dreg, 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: �2, 1 ► ACTION BY THE BOARD OF DIRECTORS OF " HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, individually and collectively consent, by this writing, to take the fallowing actions, to adopt the€allowing resolution: RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all band agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Crated: August 1, 2000 Kenneth . a n, Director Albert T. ShZDIor ennon, Director camas A. Whalen, Di Dennis M. Drew, Director Richard L. 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DESCRIPTION FUND/ORG SUIACL TASK OPTION ACTIVITY AMOUNT # 102 6,51 ll r G 60} # S i t L Fe 17 _L4_ Ll NA S t r� # ! f •., l..d'✓ } l'y } t'✓ '' r EXPLANATION: TOTAL $ DEPOSIT `j #1 Deposit consists of the f ailawing items 1 and CURRENCY $^�^_tt2�..,9/ KSA0,ETC. $r�6, �j 7 ,rJ _;? ANK DEPOSITS $ r FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT if PERMIT DP NUMBER DATE ''Q cc/p ''j AssIGNEct�� The amount of money described above is for Treasurer's receipt of obovrnm3unt is approved. Receipt of above amount is hereby d,eposit into the County Treasury, — acknowledged f /' Si nes. Signed. # �,L Tis#$t ) { i} EX7 y g Deputy County Auditor Deputy County Treasurer f D-34 REV.(7.93) { ( w_ { T (C � t COUNTY OF CONTRA COSTA . DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA C� RECENED FROM { (/ ORGANIZATION NUMBER } ty {moi � Yr (pie { _1 (For Cash Collection Procedures see County Administraft 's Bulletin 105.) DESCRIPTION FUNDJORG Stik ACCT TASK OPTION ACTIVITY AMOUNT 3 r $ ..lJ E l l I (J r} i c � 1 i ! I I ! i 1 s f 3 S 1 t 1 { i 3 I EXPLANATION: TOTAL $ ! DEPOSIT I Deposit consists of the following items �,�URRENCY $ i BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSITf -- , PERMIT ©� 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 osit into the County Treasury acknowledged Signe V t.f•-`�. Signed,, ' Signed: Tit! ' ( EXT `f d Deputy County Auditor Deputy County Treas D-34 REV.(7-4,3f 0682-9752 1819200: G1139819, $800.00, Parker Ave. Underground, APN9357-111-009, David Johnson, 686 Parker Ace, Rodeo, CA 94572 0682-9752 / 819200: G1139820, $1,000.00, Parker Ave. Underground, APN9357-081-007, Sum Cheung, 364 Parker Ave., Rodeo, CA 94572 819800-0800: G1139821, $32,124.00, Sub 8827, Cash Performance Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1139823, $19,289.00, RA1155, Cash Performance Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1139825, $39,783.00, Sub 8580, Cash Performance Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: 61139813, $8,454.00, Sub 8847, Improvement Plan Review, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: G1139814, $1,550.00, MS 03-16, Minor Sub Map Check, Mike Caldwell, PO Box 231004, Pleasant Hill, CA 94523 0649-9665 / 831000: G1139815, $500.00, RS 2937, Record of Survey, Chaudhary & Assoc., 851 Napa Valley Corporate Way, Suite G, Napa, CA 94558-6251 0649-9665 i 831000: 61139816, $500.00, RS 2938, Record of Survey, Stockinger Surveys, PO Box 24, Martinez, CA 94553 0649-9665 / 831000: G1139818, $23,641.52, 1=CP 620-01, Cash Deposit, CA Dept of Transportation, Administratin & Disbursement Division, PO Box 942850, Sacramento, CA 94250-0001 0649-9665 / 831000. G1139822, $148.058.00, Sub 8827, Mayor Sub Inspection, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 0649-9665 1 831000. 61139826, $182,523.50, Sub 8580, Major Sub Inspection, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 i r Subdivision.: 8827,Lakes 8 Bond No.: 070QQ0704_ Premium$28,622.00 IMPROVEMENT SECMTY BOND FOR SUBDIVISION A REEmINT (Performance, Guarantee and Payment) (California Government Code §§ 66499-66499.l 0) 1. REctTAL OF SIIBLTIVIS[ON&cx EEmENT: fine developer(pri.ncipal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8827 _ _- -- , 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 snap 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' Three Million One Hundred Eighty Thousand Two Hundred Seventy Six and noi100ths'*"• Dollars($3.1 ao.276.Qo***** )for Contra Costa.County or any city assignee under the above County Subdivision Agreement. B. Payment: One Million Six Hundred Six Thousand Two Hundred and nol100ths***** Dollars ($. 90fi 20 00.**** 1 to secure the claims to which reference is made in Title.�V (commencing with Section 3082) of Part 4 of Division ITS of the Civil Code of the State of California. 3. Conrrio.N- A: Ihe Ccrc titin of this obligation as to Section(2.A.)above is such that if the above banded principal, or pr:.cipal's heirs, executors,administrators, successors or assigns,shall in all things stand to and a? by and well and truly keep and perform the covenants, conditions and previsions in the said arrr erb.ent and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee) its officers, agents and employees,as therein stipulated,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.8.) above, is such that said p-ncipal and the undersigned, as corporate surety, are field firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the perform.ante of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any mind, or for amounts due under the Unemployment Insuiance 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 fired by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this brand 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 plant 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 farther notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and molds itself bound without regard to and independently of any action against the principal whenever taken. :TM�ut9 Ada apALFD on Au ust 31,2QO4 PRI1NCIpAL: Hofmann Land Development Company SURETY: Liberty Mutual insurance Con an�� Address:` '' ;l _-- Address: 1 Front Street,Ste.870 _ �, Zi �y > ,.. City: San Francisco,CA 'dip: 9419' y, k........_�.. .r r' :Z„. .✓ By: Print Name: Print Name: Kathleen Beck Title: r Y � ` w; Title: Attorney-in-Fact 7D!M—bp G:GrpUecalL•nBSvcV'o^ns`s3N WORD�BN-12.doc Rei•.Naytr xr 28,2046 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 ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNUC-6539 2/03 THIS'P1.,;WER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1579933 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,_pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW J.DRUMRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL OF THE CITY OF CONCORD.STATE OF CALIFORNIA •.I.............................................., .. . ... . . . ...... ..... . ... .. ..... ... ... each Individually If there be more than one named,its true and lawful attomey-In-fact to make,execute,seat,acknowledge and deliver,for and on its behalf as surety and as its act and deed,an ,% all undertakings,bonds,recognizances and other,sure ttyy obligations In the penal sum not exceeding FIFTY MILLION AND OOfIOO************ *•**** 50 OOO OO . 0***«* DOLLARS�$ , t)0 )each,and the execution} of such undertakings, bonds, recognizances;and other surety obligations, in pursuance of these 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. ff That this power is made and executed pursuant to and by authority of the following By-law and Authorization: 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,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make, 's execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'D attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their Q. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. ' 9 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: c i 13 Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, Is hereby C authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and C deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. `p W That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. �.W G O y IN WITNESS WHEREOF, this.Power of Attorney has-been subscribed by an authorized officer or official of the Company and the corporate seal of CL LibeMutual insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of. July Q cy 4 LIBERTY MUTUAL INSURANCE COMPANY Ate! C i Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss y COUNTY OF MONTGOMERY C On this 16th day of July 2004 , before me,a Notary Public, personally came Garnat W. Elliott,to me known,and acknowledged E0-5 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 t? 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. b ar IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year { 0 first above written. oNLu Teresa PasteRa,Wary PoOk '� �t a6> "� Nut at seal OF Plynwirw1u g ry Cu„€ BY� Mn 0 , - 0�p Of ��rmber,fi.nyivani��asocnti n€ €a rc Ter PsaPastella,Notary Public I. tr' CERTIFICATERY 1,the undersigned,Assistant ecrotary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and 1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specialty authorized by the chairman or the president to appoint attorneys-In-fact as provided in Article Xiit,Section 5 of the By-laws of Liberty Mutual Insurance Company: This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under&rid by n tthority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th dray of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, whsrevor appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be vaild and binding upon the company with the same force and effect as though manually affixed. iN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this, 31st dey of r " BY x.:... Davi M.Car�htcretary State of California County of Contra Costa On August 31,2004 before me,Randall Y. Cross personally appeared Kathleen Beck ❑Personally 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 /her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed Y.Cog the instrument. CCmrt►issipn# 1464534 001 „y pUb1ic.C0111000 WITNESS my hand and official seal. tetra costa C0U* WCOMM h Signature of Notary Public ---------------------------------------------------Optional----------------------------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and couldprevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: Hofmann Land Subdivision Bond No.070000703 DocLiment Date: 08/31/04 Number of Pages: 2 l Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner-❑Limited ❑General ❑ Partner-❑Limited❑General ❑ Attorney-in-Fact 17 Attorney-in-Fact ❑ Trusteed ❑Trustee r :...e$-q :; ❑ Guardian or Conservator 77 E] Guardian or Conservator ` ,.f3 _ ® Vtlter : Fop of Thumb Hare ❑ Other : Tcp of Thumb Here ` a Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company K Signer's Name: } ALL-PURPOSE ACKNOWLEDGEMENT FMate of California SS. County of On ` g0oefore rue, A., WO:nsiY> personally appeared C. S "'� SMNEI2(S) -' personally known to me _ OR proved to nye on the basis of satisfactory e idence to be the person(s) whose names) is/are subscribed to the w4hin instrument and acknowledged to me that lle/she./they executed the sarne in his/her/their authorized capacity(ies), and that by his/. er/their stgnatures(s) on the instrument tate p0rson� s), or the entity Spon behalf of which tine t �i {s person(s) acted, executed the instrument. . PANTILES r� {fRlttl,# NOTARY PUBLIC-CAVfORWA {� WITNESSmy hard and official seal. Contta Costa County Camra.Expires Msrcir S,20tis N,TA:RY'S SIGNATURE:, x OPTIONAL INFORMATION The nforjnatior ?below✓ is not required by law. However, it could Prevent =raudu:ent attachrr:ent of t --is acknowl- edger:ent to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT CORPORATE OFFICER _. TITLE OR TYPE of DOCUMENT PART NER(S} u_ A.TT'ORNEYAN-FACT NUMBER of PAGES —... i T'RL STEED'S" DATE OF DOCUMENT OTHER NAME OF PEFSON S)OR TITY(iHS RIGHT �'I �MIS' R:N I' i � �C APA x/94 `✓A'LLEY SIERRA, 81,Y.i-362-3364 VOID AFTER 1±0/1''Ou 911/04 FATCO $42 8827 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 R.O.Box 631Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell {925}646-4135 FAX Tax Operations Supervisor ig .f Date: 9/1/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2808) THIS LETTER 1S VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# Cites T.R.A. 8827 BYRON 72038 Marcel#: 011-241-008-3 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 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $355,000.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Centra Costa County Tax Collector Subdivision bond must be resented to the County Tax Collector for review and PRproval of -adequacy of security rior to filing with the Clerk of the Board of Supervisors. Security for this subdivision may be covered by the subdivision 8580 WILLIAM J. POLLACEK, Treas er-Tai( of for 7 r DUPLICATE ORIGINAL PRINCIPAL V'I'LE COMPANY " TY Hafmanu Laud Development First American Title Co. � e y utual Insurance Company 1380 Galaxy Way 1355 Willow Way,#101 One Front Street, Suite 870 Concord,CA 94521 Concord,Ca 94520 San Francisco CA 94111 Attm Bob henry Atte..Barbara]Pinto 415-7232-8179 Ph. 925-682-4830 Phone: 925-356-7025 FATCO#1421362&1421384 Bond Number: 070000707 Tax year 2004/ 2005 Premium: $3,195.00 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT,Hofmann Land Development Corzipariy, a California Cc rooration, as principal and(Surety} Liberty Mutual Insurance Coma y-- a corporation organized and existing under the laves of the State of M ssachussets and authorized to transact surety business in California.as surety are held and firmly bound untie the County of Contra Costa, StatE ofCalifornia,in the penal sum of. Three Hundred Fifty Five Thousand and nol100s—D liars($355,000.00),to be paid to said County of Contra Costa, for the payment of which will and truly be made, we and each of us bind.ourselves,our heirs,executors, administrators and successors,jointly and severally, firmly by these presents. Sealed with our Seals and dated this 1st day of September 2004. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a map entitled Subdivision 8580 and Subdivision8827,and covering a subdivision of a tract of land in said County of Contra Costa and there are certain liens for taxes and special assessments collected as taxes, against the said tract of land covered by said reap, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW,THEREFORE, if the said Principal,shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of laud covered by said map, at the time of the filing of said map of said tract,then this obligation shall be void and,ofno effect,otherwise it shall remain in fall force and effect. Hofiru-um Land Development Company, A California Corporation Liberty Mutual Insurance Company f 4 v •� Principal Surety Matthe 'J Druruffight, Attorney-in.-Fact Principal 0 t ,.F zaiil' (notary aelmowledginent attached) BOND RENEWED AND APPROVED CONTRA COSTA COUNTY TREASU# R A7C C� 3LLECTQR 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 ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIIC-6539 2/03 1579941 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL iNSURANCE COMPANY BOSTON,MASSACHUSETTS 3 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW J.DRUMRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA ... ....... ...... .. . ............ . ... .. ............. ........... ........................................ .... ...... .......... . ..... .... ... .................................. .... . . . ... . ....... ....., ., . ..... ..., .. . . each Individually if there be more than one named, its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,ani and all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding i FIFTY MILLION AND 041100******w«.««* « «««* DOLLARS($ 50,0000-00.00"r- )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these 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 pursuant to and by authority of the following By-law and Authorization 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 i chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, w execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such ' = 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 I C signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 0 ' as binding as if signed by the president and attested by the secretary. .119 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: C G C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby tp authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and t: deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. 4 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W to IN WiTNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of O C. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of July 2004 rLIBERTY MUTUAL INSURANCE COMPANY o By 11 Garnet W.Elliott,Assistant Secretary 2 o COMMONWEALTH OF PENNSYLVANIA ss IM 0 COUNTY OF MONTGOMERY O + On this 16th day of July2.004 ,before me,a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged 0-- 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 Ee Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. y IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year C le 04 -- is first above written. ('ptdbv C .r C � Nota. €5a l E C w $�+*. CJ j Teresa 3�astola N,)Iary Pub'€c +� OF t P-yoi3at�4tr wit PA lr,vygiri9ry Cc rtt�t -By - t3 Z V t.._.My Com fission Fxp ra,,Mar..2£§ 20x35_.. $ ASs er,s nnsyvnnirx ociail n rt ivata c;, Ter�Pastella,Notary Public 0 +rmBrte, CERTIFICATE t�� ra r 1,the undersigned,Assistant ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and-1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article ! XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company: E This certificate and the above power of attorney may be signed by facsimile or mechanically 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 held on the 12th day of March,1880. VOTED that the facsimile or mechanically reproduced signature of any assistant 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 TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this Ist day of Capt-amthpr 21104. CpBy DavI6 M.Carey,AssLotgfit Secretary State of California County of Contra Costa On September 1, 2004 before me,Kathleen A.Beck personally appeared Matthew J Drumright ®Personally 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 E in his/her/their authorized capacity (ies) and that by his XANMUI oil A.* tom#IS03M /her/their signature(s)on the instrument the person(s) or the MW" c4ow" entity upon behalf of which the person(s) acted, executed the instrument. WITNF,SS ir.�ylha A and of i seal. �b. / Signature of Nofiry 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 Development CCC Tax Bond #070000707 Document Date: 09/01/04 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual [] Individual ❑ Corporate Officer ® Corporate Officer Title(s): Title(s): ❑ Partner-❑Limited❑General ❑Partner-❑Limited❑General ❑ Attorney-in-Fact ®Attorney-in-Fact ❑ Trustee ❑ IN Trustee Mem W_ � ❑ Guardian or Conservator1 ❑ Guardian or Conservator ❑ Other: Top of Thumb Here ❑ Other: Top of Thumb Here Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of Contra Costa On September 1,2004 before me, D. Panteles , (DATE) (NOTARY) personally appeared A.T. Shaw SIGNERtS> personally 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/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. D. PANTEIcS .� Comm.#1296585 WITI ESS my hand and official seal. NOTARY PUBLIC-CALWOMIA Contra mala County My Come.Expvaa Marek 9,2005 NOTARY'S SSGNATLRE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL. CORPORATE OFFICER Bond Against Taxes - Failman Property President TITLE OR TYPE OF DOCUMENT r)rt.E(s) �] PARTNER(S) [� ATTORNEY-IN-FACT NUMBER OF PAGES ® TRUSTEE{S} GUARDIAN/CONSERVATOR September 9, 2004 DATE OF DOCUMENT OTHER.: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSONS)OR ENTI?'Y{IES) OF r SIGNER a APA 5/99 VALLEY-SIERRA. 800-362-3369