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Home My WebLink AboutMINUTES - 10252005 - C15 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR' DATE: October 25,2005 SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Oasis Drive RA 03- 01144,Subdivision 01-08570,Discove Ba area. District SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROI D AND 7USTWICATION RECOMMENDATION(S): ADOPT Resolution No. 20051 a<X for Oasis Drive RA 03-01144,Subdivision 01-08570,approving the Second Extension of the Road Improvement Agreement for project being developed by Hofmann Land Development Co., Discovery Bay area. (District III) FISCAL IMPACT: None. BACKGFtOUNll/REASON(S)FOR RECOMMENDATION(S): The developer has not completed the improvementsand the Road Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment:.___ SIGNATURE: � -RECOMMENDATION OF C'OUN'TY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,.- PROVE OTHER SIGN TUBE Snow ACTION OF BOAWON ti i'' APPROVED AS RECOMMENDED w-'--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 VOT OF SUPERVISORS date shown. shown. UNANIMOUS(ABSENT /y'OW Com- 1 AYES: NOES: ABSENT: ABSTAIN: �ry _7o .. �� ATTESTED: . f� �' L G.\GtpData\EngSve�3012005110-251RA 03-01144 BO-1 i.doc JOHN SWEETEN, Clerk of the Board of Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) Supervisors and County Administrator cc: Public Works-T.Bell,Construction Current Planning,Comnuatity Development T-July 23,2006 Hofinann Land Development Company By i 4 jo-- .,Deputy P.O.Box 258 Concord;CA 94520 Liberty Mutual Insurance Co. One Front St.,Suitt 1925 San Francisco,CA 94111 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 25, 2005 by the fallowing vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES-. None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Oasis Drive RA 03-01144, Subdivision 01-08570,Discovery Bay area, (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Improvement Agreement between Hofmann Land Development Co. and the County for construction of certain improvements in RA 03-01144, Subdivision 01-08570, in the Discovery Bay area,through September 23, 2006; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: November 2005 REASON FOR EXTENSION: Completing deficiency punch list items. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken Jp:rm and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\BO\2005\10-25\RA03-01144 BO-11.doc shown. Originator: Public Works(ES) Contact: S.Gospodehikov(313-2316) ATTESTED: `1. l7 Ci9►' cc, Public Warks-T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T-July 23,2006 Hafir ann Land Development Company P.O.Box 758 Concord,CA 94520 Liberty Mutual insurance Co. By � ,Deputy One Front St.,Suite 1425 San Francisco,CA 94111 RESOLUTION NO.2005/ �"+�� CONTRA COSTA, COUNTY ROAD EWRtOVEMNT AGiREEN [ENT EXTENSION Development Number: RA 03-01144(cross-reference Sb 01-08570) Developer: Hohmann Land Development Company i original Agreement bate. September 23,2003 } Second Pension New Termination Hate: September 23,2006 Improvement Security Surety: Liberty Mutual Insurance Company Bond No.(Date): 070000615(August 21,2003) Stgurity Type sSWH&Auutunt Cash: S 15,800.00(1%cash,$1,000 Min.) Bond: 51,567,800.00(Performance) 741,800.00(Labor&Material) Tho Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Sine ere a #here cka ledge same. Dated-, � ��,� �S� Dated: September 19, {J(35 FOR CONTRA COSTA COUNTY Developers Signature(s) 1vIacrrice Shi Disc Works:[)xe+ctor Hofmann Lancs Development Company, By: Printed Developers Signatures ItECC3 ': ED FOR APPROVAL- By Printed (Engineering S&vices Divisions) Q Address Liberty Mutual Insurance Company (NOTE: Developer's, Surety's' and Financial Surety or Financial Institution Insrltu&n's Signatures must beNww*ed) One Front Street, Suite 1925, San Francisco, CA '94111' I4SNyt!'fltCVl�Y9YotAWt'WegyLLmd. Dress dftAm&yw1b=w{ed o e Raanaf A ata Signature Vivian Golston,Attorney-in-Fact Printed — CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of + On before me, ' Date Nano and Title of Officer(e.g,,'Jane Doe;lletary Public) personally appeared Name(s)of Signer(s) ersonally known to me j 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 I acknowledged to me that he/she/they executed ' the same in his/her/their authorized capacity(les), and that by hisiher/their MM K Cid signature(s)on the instrument the person(s),or 4 Q mm, #1551891 W the entity upon behalf of which the person(s) CG NOTARYPUISUC-GALIFUFi1M V acted, executed the instrument. fr OOKMCABTA{ N"tY wty f�orron.trx AAer+o►►g.4on9 , WITNESQ my hand and official seal. Signature of Notary Public OP77ONAL Though the information below is not required bylaw,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:&f& ea + E. ,, ► Document Date: Number of Pages: Signer(s)Other Than Named Above: 6 Capacity(les)Claimed by Signer Signer's Name: El Individual Top of thumb herd , C Corporate Officer—Title(s): f ❑ Partner--❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee to C Guardian or Conservator El Other: i Signer Is Representing; 1 1999 National NotaryAssoda2urn•9350 DeSoto Ave. P.O..Box 2402'•Chatsworth-,CA 91313-2402•www.NaflonalNotary.org Prod..No.6907 Reorder:Call Toll-Free 1-800-876-6827 ACTION BY THE BOARD OF DIRECTORS OF HOFMANN,LAANCt DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, tieing all of the present directors of Hofmann Land Development Company, a California corporation, Individuallyand 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 reel 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, stich as subdivision agreements, and any,and all bored agreements. This consent is executed pursuant to section 307, subdivision (b)of the California Corporations Cade, which authorizes the taking of'action 'of the Board of Directors by unanimous written''consent without a meeting. Dated: August 1, 2000 Kennetta a n, Director Albert T. Shaw, Of ctor ennon, Director ZZ—= a. ele.2 areas A. 11+slhateZU Dennis M. Drew, Director Richard L. Greene,'Director 167 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. t)L70 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.JEi KKIINS,MICHAEL G.HOGAN,MATTHEW J.DRUMRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL.OF THE Cry OF CONCORD,STATE 4F CALIFORNIA ........ .........: .f....... ............. ........... ♦♦ 44 • ff 4vly v4 .ff•v•Y. 4v•f I•.v 4Y Y!l.vf•......................................... each individually,if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as sure��ty and as its act and deed,ari*y and all undertakings,bonds,recognizances aM other-surely obligations in the penal sum not exceeding FIFTY MILLICiN AND 013f1f1€ W*****"*"* ******" 50,000,00040'":' DOLLARS($ , 1 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 Xill-Exeoution of Contracts:Section 5,Surety Bonds and Undertakings. Any officer of the Company authorized for Haat purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,shag appoint such attorneys-in-fact,as may be necessary to act In behalf of the Company to make, pa's execute, seal, acknowledge and deliver as sureytany and all undertakings,;bonds,-recognizances and other surety obligations. Such 't3 atfomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shalt have full power to bind the Company rby their 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. E to By the following instrument ther chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: p C Pursuant to Article XIII, Section 5 of the By-laws, Carnet 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 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. f0 L7f 0 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. Uj : y IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Company and the corporate seal of a. LibertyMutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 9th day of February w- LIBERTY MUTUAL INSURANCE COMPANY Q V ``N i JI y I E My .tep 3 r �y s 6,au Ga{rne E lion;Assistant Secretary E p COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY w " L O On this 9th day.of February 2Q{i5 ,before me,a Notary Public,personally came CdMg 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 '.2 Power of Attorney and affixed 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 seal at Plymouth Meeting,Pennsylvania,on the day and year -w C) first above written. t�lKr + E Co r C 'p Mctanaieai Tia a§a P talla.Notary ftb,k tJ r+. O Z OF Pivrn rutri Twp;,Monfqurrusry conry ! 81 ,ZL.G9 - MyCornmr on Exna res Mar.28 2GO5 `*7 �r Member,Pennsylvania Asqociatkin cat Rlafari,a Tensa Pastella,Notary Public CERTIFICATE tai"ti t-r: 1,the undersigned,Assistant Cretary of Liberty Mutualinsurance 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 data of this certificate;and l 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 attomeys4n-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may 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 duty 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 attomey 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 19th day of S �tpmla x _ 7005 A *,"e By David M.Carey,Assw9t secretary State of California County of Contra Costa On September,19,2005 before me,Kathleen A.Beek personally appeared Vivian Colston OPersonally 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)on the instrument the person(s)or the Co n bwn 0�S02"0 entity upon behalf of which the person(s) ,acted,executed � the instrument. caft +C4ftriitpyr+t90Kt, WITNESS hand and official seal. ,,-- lz- Signature of Notary Public ------------=---------------- ------'------------- 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 band Development Company RA 03-01144 Road Improvement Extension Bond No. 07000061$ Document Date: 0119L05 Number of Pages: 1 Signer(s)tither Than Named Above: Capacity(les) claimed by Signer(s) Signer's Name: ❑Individual Individual F� Corporate Officer ❑''Corporate Officer Title(s): Title(s): M Partner-❑Limited`QGeneral 0 Partner-❑Limited[]General F1 Attorney-in-Fact Attorney-in-Fact (l Trustee `Trustee El Guardian or Conservator El Guardian or Conservator ❑other: r patr mbxeEe O',Other Top ofThumb Hae Signer is Representing. Signer is Representing: Lige-Tify mutual Insurance—r6mpany Signer's Mame: Liberty Mutual Surety Band Number070030 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 Croup for which surety business is underwritten by Liberty Mutual Surety(referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part'of surety bands 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 LMIC-6539 11/15/04