HomeMy WebLinkAboutMINUTES - 11302004 - C.21 TO: BOARD OF SUPERVISORS rG
FROM: MAURICE M. SHItU, PUBLIC WORKS DIRECTOR
DATE: November 30, 2004
SUBJECT: A roval of Ian rovement Warranty Agreement for Road Acceptance 00-01499.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/_612 for RA 00-41499 (cross-reference Subdivision 98-08166), approval of
Improvement Warranty Agreement,being developed by Hofmann Land Development, Byron area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The sidewalk curb and adjacent pavement with profile slopes less than 1%will be warrantied for five years.
CONSEQUENCES OF NEGATIVE ACTION:
Improvements will not be warrantied.
f
i
Continued on Attachment:_ SIGNATURE
R'
E FEECOI�IMENDATION OF COUNTY ADMINISTRATOR
—RECOMMENDATION OF BOARD COMMITTEE
,--APPROVE OTHER
v
SIGNATURE (S):
ACTION OF BqA'R0 ON NOVEMBER 30, 2004 APPROVED AS RECOMMENDED XX OTHER
Y
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE of SUPERVISORSminutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT -NONE ) date shown,
AYES:_ NOES:
ABSENT: ABSTAIN:
— ATTESTED: NOVEMBER 30, 200
G\GrpData\EngSvc\HOi2004\1 I�30-04\RA 00-01099 Order IS.doc JOHN SWEETEN, Clerk of the Board of
Cont.civ: Franke Works
Contact: Frank Navarrol313-2264)
( Supervisors and County Administrator
31
ec: Pubic Works- T.Heli,Construction
K.Dahl,En&cering
Current Planning,Corrun unity Development
T lSeptember 30'De oinp
2009
Hofina 0 Land Deve3aptrtent B'(T Deputy
'380 Galaxy Way JJ
Concord,CA 94520 '—•^�'
L.ibercy Mutual insurance Company
I Front Street,Ste,870
San Francisco,CA 94111
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004, by the following vete:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 612
SUBJECT: Approving the Improvement Warranty Agreement for Road Acceptance 00-01099
(cross reference Subdivision 98-08166), being developed by Hofmann Land
Development,Byron area(District III).
The following document was presented for Board approval for Subdivision 98-08166
property located in the Byron area, Supervisorial District III.
An Improvement Warranty Agreement with Hofmann Land Development,principal,
whereby said principal warrants that the curbs, along with adjacent pavement and sidewalks,
installed on profile slopes less than 1%, were otherwise constructed, installed and completed in
this development in a manner equal or superior to the requirements of the County Ordinance
Code, Title 9.
Principal also guarantees that the aforesaid development improvements are and will be
free from defects and will perform satisfactorily in accordance with County Ordinance Code; and
developer shall maintain the improvements for five years after the date of this agreement against
any defective workmanship or materials or any unsatisfactory performance, particularly ponding
of storm water in gutters.
Z hereby certify that this is a true and correct copy of an action taken
KD= and entered on the minutes of the Board of Supervisors on the date
G:\GrpData\EngSvc\$0\2004\11-30-04\RA 00-01099 BO.15.doc shown
Originator: Public Works(ES)
Contact: Frank Navarro(313-2264)
ca: Pubic Works- T.Bell,Construction
ATTESTED: NOVE-ER 30, 2004
K.Dahl,Engineering JOHN SWEETEN,Clerk of the Board of Supervisors and County
Current Planning,Community Development AdministratorT—9/30/04
Hofmann Land Development
1380 Galaxy Way
Concord,CA 94520
Liberty Mutual insurance Company
1 Front Street,Ste.870 y ,Deputy
San Francisco,CA 94111
RESOLUTION NO.2004/ 612
SUBJECT: Approving the Improvement Warranty Agreement for Road Acceptance 00-01099
(cross reference Subdivision 98-08166), being developed by Hofmann Land
Development, Byron area(District III).
DATE: November 30, 2004
PAGE: 2
Said document was accompanied by security,guaranteeing all improvements as stated
in said agreement and required by Title 9 of the County Ordinance Code, as follows:
I. Cash Bond
Performance Amount: $1,000.00
Auditor's Deposit Permit No. DP 434094 Date: November 4, 2004
Submitted by: Hofmann Land Development Co.
Taxpayer identification number: 68-041.9482
II. Surety Bernd
Bond Company: Liberty Mutual Insurance Company
Bond Number and Date: 070000623 October 22, 2004
Performance Amount: $8,400.00
Labor&Materials Amount: $4,700.00
Principal: Hofinann Land Development Company
NOW, THEREFORE, IT IS RESOLVED that said improvement warranty agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION Na. 2004/612
IMPROVEMENT WARRANTY AGREEMENT
(After Construction is Complete)
(Government Code §§ 66462 and 66463)
Development: Road Acceptance RA 1099 Ef ective Date:
Principal: Hof nann Land Development Co.,Inc. Maintenance Period: 5 Years
Bonds:
A. Cash: $1,000.00
B. Surety:
1. Faithful performance&maintenance: $8,400.00
2. Payment for labor and materials: $4,700.00
PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County," and
the above-named"Principal,"mutually promise and agree as follows concerning this development.
D4PR.OVEMENT WARRANTY.Principal warrants that the curbs and adjacent pavement and sidewalks,that were installed
on profile slopes of less than 1%, were otherwise construcied, installed and completed in this development in a manner equal
or superior to the requirements of the County Ordinance Code,Title 9.
GUARANTEE &MAINTENANCE. Principal guarantees that the aforesaid development improvements are and will be free
from defects and will perform satisfactorily in accordance with the County Ordinance Code and principal shall maintain the
improvements for five years after the date of this agreement against any defective workmanship or materials or any
unsatisfactory performance,particularly ponding of storm water in gutters.
IMPROVEMENT SECURITY BONDS.Upon executing this agreement,principal shall deposit as security with the County:
A. Cash: (For faithful performance)a cash bond in the amount: $1,000.00
B. Surety: 1. (For faithful performance) additional security, in the amount:'$8,400.00 totaling 15% of the cost
of the estimated improvements, less the cash bond, in the form of cash, an acceptable instrument of credit, or an acceptable
corporate surety bond, guaranteeing faithful performance of this agreement and maintenance of the work for five years after
the date of this agreement against any defective workmanship or materials or any unsatisfactory performance; plus 2. (For
payment for labor & materials) another such additional security, in the amount: $4,700.00, which is 50% of the estimated
cost of the aforementioned improvements, securing payment to the contractor, to the subcontractors and to persons renting
equipment or furnishing labor or materials to them orto principal.
NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or
materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any
part thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements
and/or materials, or payments, therefor, or any combination or all of these acts,shall not relieve principal of the obligation to
fulfill this agreement as prescribed; nor shall County be thereby stopped from bringing any action for damages arising from
the failure to comply with any of the terms and conditions hereof.
INDEMNITY: Principal shall hold harmless and indemnify the indemnities from the labilities as defined in this section:
A. Indemnities benefited and protected by this promise are the County and its special district, elective and
appointive boards,commissions,officers,agents,and employees;
B. Liabilities protected against are any liability or claim for damage of any bind 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 completed the review of the improvement plan or accepted the improvements as completed and including
the defense of any suit(s),action(s),or other proceeding(s)concerning these;
C. Actions causing liability are any act or omission(negligent or non-negligent) in connection with the matters
covered by this agreement and attributable to principal,contractor, subcontractor, or any officer, agent,or employee of one or
more of these;
D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or
not any indemnity has prepared, supplied, or approved any plan(s)or specifications) in connection with the improvements or
development,or has insurance or other indemnification covering any of these shatters.
COSTS: Principal shall pay, or have paid when due, all the costs of the work, including inspections thereof and relocating
existing utilities required thereby.
NON-PERFORMANT CE AND COSTS: If principal fails to maintain the wor<and improvements during the time specified in
this agreement, County may proceed to repair them by contract or otherwise and principal shall pay the costs and charges,
therefor, immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs
and the cost of maintaining the improvements, principal shall pay all reasonable attorneys' fees, costs of suit and all other
expenses of litigation incurred by County in connection therewith.
ASSIGNMENT: If, before the completion of the maintenance period, the development is annexed to a city, County may
assign to that city County's rights under this agreement and any cash bond or surety securing them.
LABOR&MATERIALS,WARRANTY: Principal further warrants that the claims and liens of all persons, contractors and
subcontractors furnishing labor or materials for the maintenance or repair of said improvements in the development have
been satisfied. Principal agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and
development appearing hereafter upon demand by County.
CONSIDERATION: In consideration hereof, at the end of the iivo-year warranty period, County will accept the curbs and
adjacent pavement of Road Acceptance 1099 for maintenance.
CONTRA COSTA COUNTY: PRINCIPAL:
Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc.
fy
A.T. Shaw,President
RECOMMENDED FOR APPROVAL:
By: �,,
ngineering Se ices Division
FORM APPROVED: Victor J. Westman,County Counsel
:el
G:\GpData\EilgSvc\Chris\YrojeculUiscoveiy Say West1RA 1099\RA 1099 War anty�grmt..doe
�tvetmber 4'20{1a
ALL-PURPOSE ACKNOWLEDGEMENT
State of California
SS.
County of Contra Costa
On November 16, 2004 before me, D. Panteles ,
(NOTARY)
personally appeared A.T. Shaw
SIGNER(S)
( ]✓ personally known to me - OR _ F� 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),
D,
'PAN�y'fE1E5"_ or the entity upon behalf of which the
Comm.#9296585 tlo� person(s) acted, executed the instrument.
NOTARY PUB1iC•CALIKRNiA Uf
contra Codi Caunty
Sty Comm.Ezpiras m8rch 9,2405
WITNESS my hand and official seal.
NOTARY'S SIGNATURE -
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 Improvement Warranty Agreement
President TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S)
�J ATTORNEY-IN-FACT NUMBER OF PAGES
[ TRUSTEE(S) November 16, 2004
GUARDIAN/CONSERVATOR DATE OF DOCUMENT
u OTHER:
Corrected Copy
OTHERS
SIGNER IS REPRESENTING: RIGHT THUMBPRINT E�
NAME OF PERSONS)OR ENTITY(IES) OF �
z
SIGNER
a �
APA 5/99 "VALLEY-SIERRA. 800-362-3369
Y T d
ACTION BY THE BOARD OF DIRECTORS OF
HOFMANN LAND DEVELOPMENT COMPANY
BY WRITTEN CONSENT WITHOUT A MEETING
The undersigned, being ail of the present directors of Hofmann Land
Development Company, a California corporation, individually and collectively consent,
by ibis writing, to take the following actions, to adopt the fallowing 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
sinal subdivision maps, and any and'all documents related to land improvement
agreements, stw-h as subdivision agreements, and any end all bond agreements.
This consent is executed pursuant to section 307, subdivision (b) of the
California Corporations Code, which authorizes the taking of action of the Board of
Directors by unanimous written consent without a meeting.
Dated: August 1, 2000
Kenneth a n, Director
Albert T. Shaw, Di ctor
cannon, Director
omas A. Whalen, Di
Dennis M. Drew, Director
Richard L. Greene, Director
._L4JtlF'Ft I yr%."Nii4^4L/.iin _ ..... ....._
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
�. tI
(Fax Cash Collection Piaceduees sees County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG. ACT TASK OPTION ACTIVITY AhOUNT
$ i
r' y. / 1 LJ f� F J / Y ._1 t
12.1 Sill 11 L. j 3
tJ
_ I
I
E I
Z,
I
S7
tr I
t
144 ,1 Ii
`4
I
I
^SIA ✓
I
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EXPLANATION: I 1 1 TOTAL $
jDEPOSIT w
.y
Deposit consists of the followina iterris *j
I ' ! /� „ C N and CURRENCY
/ ECKS,Ma ETC
BANK DEPOSITS• ..., $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
p _ a i NUMBER
22 DATE 43404 try 4'04
ASSIGNED
The amount
of tmoney dumbed is for T receipt of above amount is approved.. Receipt_ ooff above herebyamount is hereby
't into
� j r
Signed:
Ti : ' I EXT. C( Deputy j,. -- Deputy-County Treasurer
r
D-34 REV.(7-93) I t
819800-08,0, 1158939, $1,000,Q43 RA 1099,; Cash Band, HofmannLand
77
Developme t Co,' 1380 Galaxy Way, Concord; CA 94520'
0649-9665 1 831400: G1158937, $1,600.00, Scab 8694, Map Check Fee,
Massoud Fanoeyan, 38 St. Stephens br., Orinda, CA 94563
DUPLICATE ORIGINAL Development: RA1099
Bond lin.: 070000623
Premium:$500.00
SECUIt1TY BOND
FOR IMPROVEMENT WARRANTY.AGREEMENT
1. RECITAL OF IMPR€?VEMENT WARRANTY AGREEMENT: Principal has executed an improvement warranty
agreement with the County of Contra Costa to maintain and repair curbs and other affected improvements
for RA1099 at principal's expense for a period of five years, as specified in the improvement
warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the final map for said subdivision.
2. OBLIGATION: Hofmann Lend Development Com any as principal and
U€ e_rty Mn tgAl insurance Comnanv , 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: Eight Thousand Four Hundred and 001100ths*****
Dollars for Contra Costa County or any city assignee under
the above improvement warranty agreement.
E. Payrraeatt:._Four Thousand seven Hundred and no1100ths***** Do
a 700 0 ***** )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. CONDITION:
A. The Condition of this obligation as to Section(2,A.)above is such that if the above bonded principal,
or principal'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 Dept 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.$.) above, is such that said principal and the
undersigned., as corporate surety, are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished, labor of any bind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor and that said surety will pay the same in an amount not exceeding the
amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to
the fact aanount 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 IS(commencing with Section
3082)of fart 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 improvement warrenty agreement or any plan or specification of said work
agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety
from liability on this bond; and consent is hereby given to make such alteration without further
notice to or consent by the surety; and the surety hereby waives the provisions of California Civil
Code Section 2819 and holds itself bound without regard to and independently of any action against
the principal whenever taken.
SIGNED AND SEALED on October 22,2004
PRINCIPAI,: Hofmann Land Development Company SURETY: Liberty Mutual insurance Compal
.Address: 0* ��� � Address: t Front street,Ste.870
Cit San Franci co,CA Z114 94111
s
Print Name: >V'N cit ; Print Name: Kathleen Beck
Title: �► „ ,� Title: Attorney-in-Fact
7D:mw:tap
G:\GrpDatA\LngSvcT&gr-d\200'UuncOiscu Bay Warrauty Apia Band.dac
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; L€VI
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"), Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Bond
Services (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered lasses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539 2/03
9994
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. f
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company), a Massachusetts stock insurance
company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW J DRUMRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL OF THE
CITY OF CONCORD?,STATE OF CALIFORNIA . ........ .... ...... . ....... .» ...... .................
..........I............................................ . .... '
....... ... .. . .. ... .
................... ..........
each individually if there be more than one named,its true and lawful attomey-In-factto make,execute,seal,acknowledge and deliver,for and on its
behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obliggations in the penal sum not exceeding
FIFTY MILLION AND 041100**• «"****•
DOLLARS($ 50,tI0fl,if00.t?Q*"*** }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 fly-law and Authorization: I
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 aftomeys-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
`4 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
0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be X2)
0 as binding as if signed by the president and attested by the secretary.
QBy the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
t�oI
� Pursuant to Article XIII, Section 5 0#the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby �
i « 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. ," O
di That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. ,
q1W i
> IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of G Ems, 3
-� Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of July
_ 2004.70
,
r LIBERTY MUTUAL INSURANCE COMPANYBID
�
Garnet W.Elliott,Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss - .0
COUNTY OF MONTGOMERY
{A` C
I�
On this i th day of Jules 2004 , before me,a Notary Public, personally came Garnet W. Elliott,to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seat of said corporation; and that he executed the above
! Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH unto subscribed my name and affixed my notarial seat at Plymouth Meeting,Pennsylvania,on the day and year
• i! first above written. CSrtW q° ;
> 47 CoA &tavrx scat "CM7
w ,�, Twesx Pa rty to Notary Public 4-C4OF Piytr au1hT r:p.,Montgomery Cownty
My Gc nfrt43lon Expires tsar,28,W05 BY
0
Member Pe risy§vvhlaAssocikYior oEWaUlm,, Ter sa:Pastella,Notary Public t!r
i CERTIFICATE O
f..,..
1,the undersigned,Assistan 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:i 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 attomeys-in-fact as provided in Article
X111,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 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,1980.
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.
1N TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 22nd day of
BY r
..
David M.Carey,Ass' fit Secreta
1 ry
1
State of California
County of Contra Costa
On October 22, 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
—.r. entity upon behalf of which the person(s) acted, executed
RAWMt x CROSS the instrument.
COMMM01# 1464539
4k*ffv public.CaNtomio
Contra Cavia CourtlyA WITNESS my hand and official seal.
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 could prevent
fraudulent removal and reattachment of this form to another document.
Description of attached Document
F
Title or Type of Document: Hofmann Land Development Co. Duplicate Original 070000623 CCC
Maintenance Bond for RAI 099
Document Date: 10122/04 Number of Pages: 2
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer C]Corporate Officer
Title(s): Title(s):
Partner-0—Limited ❑General ® Partner-❑Limited ❑General
Z Attorney-in-Fact ❑ Attorney-in-Fact
Trustee ❑ Trustee
❑ Guardian or Conservator
. .� ❑ 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
County of Contra Costa
SS.
On October 25, 2004 before me, D, Panteles ,
(BATF.) (NOTARY)
personally appeared A.T. Shaw
S(GNBUS)
Q 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.
Comm.#1296585 WITNESS my hand and official seal.
NOTARY Pt&K-CAL""'A
CoAta cosh Gouety f....
My Camm.Ezpvas 4Aacsh 8.2005*"�
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NOTARY'S SJORKrURE
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 Security Bond for Iprovernent Warranty Agmt.
President TITLE OR TYPE OF DOCUMENT
TITLE($)
❑
PARTNER(S) 2
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
Fj GUARDIAN/CONSERVATOR October 25, 2004
OTHER: DATE OF DOCUMENT
❑
OTHER
SIGNER IS REPRESENTING: RIGHT THUMBPRINT
NAME OF PERSONtS)OR ENrn"Y(IU)
OF
SIGNER
c
APASl99 VALLEY-SIERRA, 800-362-3369
ACTION BY THE BOARD OF DIRECTORS OF
HOFMANN LANCt DEVELOPMENT COMPANY
BY WRITTEN CONSENT WITHOUT A MEETING
The undersigned, being all of the present directors of Hofmann Land
Development Company, a Callfomia 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, swh as subdivision agreements, and any and all bond agreements,
This consent is executed pursuant to section 307,,subdivision (b) of the
California Corporations Code, which authorizes the taking of action of the Board of
Directors by unanimous written consent without a meeting.
Dated: August 1, 2000
Kenneth a n, Director
{
Albert T. Shaw, Dljkctor
ennon, Director
0n1asA, Whalen. DI
Dennis M. Drew, Director
12
Richard L. Greene, Director