HomeMy WebLinkAboutMINUTES - 11302004 - C30 r
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: November 30, 2004
SUBJECT: Approval of Improvement Warranty Agreement for Subdivision 98-08166.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 621 for SD 98-08166, approval of Improvement Warranty Agreement, being
developed by Hofmann Land Development Company, Inc., Byron area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
The curbs, sidewalks, and adjacent pavement with profile slopes less than 1%will be warrantied for five years.
CONSEQUENCES OF NEGATIVE ACTION:
There will be no five-year warranty.
7 Continued on Attachment: SIGNATURE: f
e-IRECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
z--APPROVE HER
r g
SIGNATURE(S)-
ACTION
IGNATURES :ACTION OF BOA
N NOVEMBER 10, 2004 APPROVED AS RECOMMENDED xx OTHER
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
xx UNANIMOUS(ABSENT NONE } date shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: NOVEMBER 30, 2004
Cz:1GrpDatalEngSvc1BO1200411 1-30-041SD 98-08166 order 15.doc JOHN SWEETEN, Clerk of the Board of
Orig.Div: Public Works(ES) Supervisors and County Administrator
Contact; Frank Navarro(313-2264)
cc: Pubic Works- T.Bell,Construction
Current Planning,Community Development
T—9/30/09
Hofmann band Development By
1380 Galaxy Way ]M�✓�L ,VV�"rJ�'d.�.++
Concord,CA 94320 t/ y Deputy
Liberty 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 vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ ,
SUBJECT: Approving the Improvement Warranty Agreement for Subdivision 98-08166,being
developed by Hofmann Land Development Company,Inc.,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 Company,Inc.,
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.
I hereby certify that this is a true and correct copy of an action
xn:rm taken and entered on the minutes of the Board of Supervisors on the
G:\GrpData\Eng5vc\B012004\11-30-04\SD 98-08166 BO-15.doc date shown.
Originator Public Works(ES)
Contact: Janet Dowling(313-2358)
cc: Pubic Works- T.Bell,Construction ATTESTED: NOVEMBER 30, 2004
Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County
T—9!30109 Administrator
Hofmann Land Development
1380 Galaxy Way
Concord,CA 94520
Liberty Mutual Insurance Company
1 Front Street,Ste.870
San Francisco,CA 94111 Bys Deputy
Ue 4444e�o�—
RESOLUTION NO.2004/ 621
SUBJECT: Approving of Improvement Warranty Agreement for 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:
1. Cash Bond
Performance Amount: $1,000.00
Auditor's Deposit Permit No. DP 401184 Date: February 27, 2003
Submitted by: Hofmann Land Development Company, Inc.
Taxpayer identification number: 68-0419482
Ii. Surety Bond
Bond Company: Liberty Mutual Insurance Company
Bond Number and Date: 070000696 July 29, 2004
Performance Amount: $66,800.00
Labor& Materials Amount: $33,900.00
Principal: Hofmann 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 NO. 2004/621
IMPROVEMENT WARRANTY AGREEMENT
(After Construction is Complete)
(Government Code§§ 66462 and 66463)
Development: Subdivision 8166 Effective Date: ... i folD4,
Principal: Hofinann Land Development Co.,Inc. Maintenance Period: 5 Years
Bonds:
A. Cash: $1,000.00
B. Surety:
1. Faithful performance&maintenance: $66,800.00
2. Payment for labor and materials: $33,900.00
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.
IMPROVEMENT WARRANTY.Principal warrants that the curbs and adjacent pavement and sidewalks,that were installed
on profile slopes of less than I%,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.
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: $66,800.00, 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: $33,900.00, 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 or to principal. Said payment bond to become null and void six
months after the,completion of warranty.
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 liabilities 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 kind allegedly suffered,incurred or
threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or
any combination of these and regardless of whether or not such liability, claim or damage was unforeseeable at any tirne
before the County completed the review of the improvement plan or accepted the improvements as completedand 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 them;
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 specification(s)in connection with the improvements or
development,or has insurance or other indemnification covering any of these matters.
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-PERFORMANCE AND COSTS:If principal fails to maintain the work 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 orsurety securing them.
LABOR&MATERIALS, WARRANTY: Principal fiirther 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.five-year warranty period, County will accept the curbs and
adjacent pavement of Subdivision 8166 for maintenance.
CONTRA COSTA COUNTY: PRINCIPAL:
Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc.
,�t,.�
By: By: !�f
A.T. Shaw,President
RECOMMENDED FOR APPROVAL:
By:
ngineering Services Division
FORM APPROVED: Victor J.Westman,County Counsel
:C1
G:1GrpData\EngSvc\Chris\Projects\Discovery Bay tiYest\SUB 81661SUB 8166 Warranty Agsmt-doc
CALIFORNIA ALS,,-PURPOSE ACKNOWLEDGEMENT
P ,l:
!: P
State of t., s ��'a l t.- OPTIONAL SECTION
County of _; t # CAPACITY CLAIMER BY SIGNER
On , before�,before me, ����,4� ��� sir���✓� ���f�i � ��`�'�{� Though statute does not require the Notary to tiff in
DA.TS NAM,TITI B aF aPFI Yt B.a.,"7ANB DOE,NOTARY PT3EtLbL" the data below,doing to nuy prove Invaluable tel
F,
appeared 7. . vt
persons relying on the document.
N s)OF KOMR(S) 0 INDIVIDUAL
personally known tome-OR-0 proved tome on the basis of satisfactory evidence to CORPORATE OFFICER(S)
be the person(s)whose name(s)Ware TITLES)
subscribed to the within instrument and
S,4'ji. acknowledged to me that hcashelthay executed p PARTNER(S) (] LIMITED
roM, N t 9 5T t the same in his/her/their authorized 0 GENERAL
' Put aR°Fie C•c a pCr ;A capacity(ies),and that by his/her/their
D ATTORNEY-IN-FACT
ol� e n Tr es w s: utx thmta signature(s)
n (entityupon behalf of won the whhich thnt the e persons}r ❑ TRUSTEE($)
acted,executed the instrument. 0 GUARDIANICONSERVATOR
D OTHER:
W, ESS my hand an ofRctat seal,
SIGNER IS REPRESENTING,v44AL- k4 t (NAME OF PRRSON(S)OR ENTITY(MS))
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST HE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below 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
reattachment 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. FQR ALL SIGNATt`RS - 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,
Tl. 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.
in. SIGNATURES FOR PARTNERS I�IPS - Si g party must be either a general partner or be authorized in writing to have
the authority to sign or an to partnersr
IV. SIGNATURES_ CORPORATIONS
Documencruld e signed by two officers,one from each of the following two groups:
GROUP 1. Naair of the Board
((b))The President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
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 suice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"..arid acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JQMW
WWS4%W
TTA\ftD"%ngSy6%Fonm\WORD FORMSSV LI.PURPOSE NOTARY,doe
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER -'
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER `
1 {Orgpnimrion)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACC. TASK OPTION ACTIVITY AMOUNT
c
- -1 6 -114 0 C lit 0 �oo 0C
I
4
1
1
t
I
I
I I
I
i
I
1
I
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EXPLANATION: - TOTAL $
DEPOSIT `71 LJ '
t � c
c r,._. _ Deposit consists of the following Items
.I_ ca6 /j .•-� ~ i ` CON and CURRENCY $
71
xCHktKS,M.O.,ETC. $ Ni6.
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT ®P
NUMBER = a
DATE
ASSIGNED I
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
depposit+into the County Tre y, acknowledged.
Signed:
..y f' Signed: Signed:
Title: /�( ' 'fi x. i Deputy ounty Q udi r DepuTy County Treasurer
l 1
D-34 REV.(7-93)
819800-0800 G1115498, 500.00, Cash Bond for Flood Control Permit
617-99, LFR Levine Fricke, 1900 Powell Street, 12th Floor, Emeryville, CA
94608
819 00- 3800 &1115500, $1,000400, SUB 8166 Cash Bond for 5 Year
I rtprovexrtent W rrar�ty agreement, Hofmann :Land Development Company,
nc., 1380 Galaxy W0 Concord; CA 94520'
819800-0800: 61115501, $1,000.00, SUB 8167 Cash Bond for 5 Year
Improvement Warranty Agreement, Hofmann Land Development Company,
Inc., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1115502, $4,800.00, RA 1100 Cash Bond for Road
Improvement Agreement, Hofmann Land Development Company, Inc., 1380
Galaxy Way, Concord, CA 94520
819800-0800: 61115503, $1,000.00, RA 1120 Cash Bond for Road
Improvement Agreement, Hofmann Land Development Company, Inc., 1380
Galaxy Way, Concord, CA 94520
000649-9665 / 831000: G1115499, Shea Homes (Northern California
Division), 2580 Shea Center Drive, Livermore, CA 94550
$93,260.00, SUB 7562 Improvement Plan Review
$60,304.00, RA 1145 Road Acceptance Review
000682-9752 / 819200: G1115572, $812.00, Dougherty Road Maintenance
Fee (COA), Brookfield Homes, 5960 Inglewood brive, Suite #200,
Pleasanton, CA 94588
Development: Subdivision 8166
Bond No.: 070000696
Premium}: $3,006
SECURI'T'Y BOND
FOR IMPROVEMENT WARRANTY AGREEWNT
1. RECITAL OF IMPROVEMENT WARRANTY AGREEMENT: Principal has executed an improvement warranty
agreement with the County of Contra Costa to maintain and repair curbs and other affected irnprovernents
for Subdlvislon 8166 at principal's expense for a period of five years, as specified in the improvement
warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the final map for said subdivision.
Z. OBLIGATION: Hofmann Land Development Company as principal and
Liberty Mutual insurance Company a corporation organized and
existing under the laws of the State of Massachusetts _and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows.
A. Performance and Guarantee:Sixt�S€x Thousand iaight Hundred and 00/100#hs*****
Dollars($_66,800.00**.** for Contra Costa County or any city assignee under
the above improvement warranty agreement.
B. Payment: Thirty Three Thousand inline Hundred and no1100#hs****" Dolhs(S
33,900.00**#** j to secure the claims to which reference is made in'"Fitle 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 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, aII to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (23.) 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 kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor and that said surety will pay the same in an amount not exceeding the
amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to
the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees,
incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,
to be awarded and fixed by the court, all to be taxed as casts 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 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 July 29, 2004
PRINCIPAL: Hofmann Land Development Company SURETY; Liberty Mutual Insurance Company
Address: .' 4 >.:' .. i ' Address.` 1 Front Street,Ste.870
City: :k, Zip: City: San I=ranciseo,CA dip; 24111
By: - f-� t By; ---
Print Name: a s' ,/ Print Name: Deborah Baker
Title: ;'' 3 , :i Title: Attorney-in-Fact
Jt7:mw�3ap
G�1('itPr)ata!Eti;Sve�PatjEd\2002Uutie\Disco Bay Wan-anty Agrnt Bond.doc
Rev.7ufia FT•r 2002
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 bands 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 park 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 ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LNUC-6539 2l03
127459
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
' KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
JAMES C.JEN#tINS, MICHAEL G. HOGAN, MATTHEW J. DRUMRIOHT, DEBORAH FAKER,ALL OF THE CITY
OF CONCORD,:STATE OF CALIFORNIA ................. ..... . .... .......... ................ ....... ......... ..........................................
................................ .............I... . ........, .... . ......... .........................................
each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,sear,acknowledge and deliver,for and on its !
behalf as sure and as its act and dead,�any*and all undertakings, bonds, recognizances and other surettyy obiiggations in the penal sum not exceeding
surety 50 00.08— each,and the
FIFTY MILLION ANL100Ii00 DOLLARS{$ )
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
s 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
chairman or the president may prescribe,shall appoint such attorneys-in-tact,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 +3
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
O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C
C as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact:
C Pursuant to Article X111, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
,.; authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and _
deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.
tM
0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. C
W 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
is Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of April
2003
�
• LIBERTY MUTUAL INSURANCE COMPANY
_ �/j /�
4/ � ,V
t* th
Garnet W.Elliott,Assistant Secretary r
COMMONWEALTH OF PENNSYLVANIA ss "
00
COUNTY OF MONTGOMERY
L!!
1`+# On this 29th day of April 2 , before me,a Notary Public,personally came Garnet W. Elliott,to me known, and acknowledged '
O 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
s Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. E
IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year =It
- rs first above written. KIN ,
tti 1C E) f r,r r a N
E
iT sry ,tc ttc>t,ry e,E
. w 0000
hCsro �, h� L 3vZ n
fiember re r,ylvanaA". o6akn.lMotnHiv, ersa aste , oary Public
r"
CERTIFICATE
1,the undersigned,Assistan cretary 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 attorneys-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.
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 29th day of
r, By
Davi6 M.Carey,AssWtgFt Secretary
State of California
County of Contra Costa
On July 29,2004 .before me,Randall Y.Cross personally appeared Deborah Baker
ZPersonally known to me -or- []proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity (ies) and that by his
/her/their signature(s) on the instrument the person(s) or the
M ,,,, ,,,w,, entity upon behalf of which the person(s) acted., executed
;tptt Y G the instrument.
commwwn 0
Gid
Courty WITNESS my hand and official seal.
I la
rC40nm,rte. ► , t ti
t t t L
Signai4e of Notary Public
---------------------------------------------------Optional-_---------------------------u------------_-------------_---
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
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Description of attached Document
Title or Type of Document: Hofmann Land Development Bond 070000696 for Contra Costa County
Document Date: 07/29/04 Number of Pages: 2
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer's Name: Signer's Mame:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑Partner-❑Limited❑General ❑ Partner-❑Limited❑General
Z Attorney-in-Fact ❑Attorney-in-Pact
❑Trustees 6 ❑ Trustee r r
❑ Guardian or Conservator ���� � , ���r, ElGuardian or Conservator
❑ Other : Top of Thumb F-fare ❑Other: _ Top of Thumb Hera
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1
Signer is Representing: Signer is Representing:
Liberty
CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT
State of California
) SS.
County of Contra Costa
On August 3,, 2004, before me, D. Panteles, a Notary Public in and for
the State of California, personally appeared A.T. Shaw, personally known to me
to be the person whose name is subscribed to within instrument, and
acknowledged to me that he executed the same in his authorized capacity and
that by his signature on the instrument the person, or entity on behalf of which
the person acted, executed the instrument.
WITNESS my hand and official seal
0. PANTELES
Comm,#1296585
NOTARY PIMIC-CALWOW
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MY COMM ExOn Vwh k20
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Signature"
Reference: Security Bond for Improvement Warranty Agreement
Date: August 3, 2004
Pages: 2
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 following actions, to adapt 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, soch as subdivision agreements, and any and all bored 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. Shaver, Di ctor
ennon, Director
omas A. Whalen, Dl
Bennis M. Drew, Director
Richard L. Greene, director