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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-023 CONTRA COSTA Co Recorder"s Office STM"'HM L. WEIR, County Recorder Recorded at tht requat of: DOC — 98---C)d_1L 983 9 0Ct Contra costa County Friday, JAN 30 Return to: FR $0.0011 r 1998 15:14:23 Clerk of tFRE he Board Ttl Pd p, 651 Pine St. , Room 106 00 Nbr-0000423250 1rc/R9/1-15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 27, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: SUBJECT: Completion of Improvements and Declaring Certain Roads as County Roads, PHASE I, of Subdivision 7585, Approval of Substitute Subdivision Agreement and Surety PHASE II Subdivision 7585, Oakley area. The developer, The Hofmann Company, has requested that Subdivision 7585 be split into two (2)construction phases so that improvements, constructed to date, may be accepted as complete and begin a warranty period. PHASE I: Road and drainage improvements include Fetzer Court; Fetzer Lane from Walnut Meadows Drive to Fetzer Court and from Fetzer Court to the easterly side of its intersection with Jordon Lane; Jordon Lane, from the northerly side of its intersection with Fetzer Lane to the southerly side of its intersection with Walnut Meadows Drive; and Walnut Meadows Drive, from the easterly side of Jordon Lane 246 feet west. PHASE H: Improvements will include Fetzer Lane, from Jordon Lane easterly to the knuckle and then south of the knuckle 129 feet to the southerly property line of Lot 36. PHASE I: The Public Works Director has notified this Board that the improvements in PHASE 1 of Subdivision 7585 have been completed as provided in the Subdivision Agreement with The Hofmann Company heretofore approved by this Board in conjunction with the filing of the Subdivision Map and the modifications specified above.. SUBJECT: Completion of Improvements and Declaring Certain Roads as County Roads, PHASE I, of Subdivision 7585, Approval of Substitute Subdivision Agreement and Surety PHASE H Subdivision 7585, Oakley area. DATE: January 27, 1998 PAGE: -2- NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of January 27, 1998, thereby establishing the six-month terminal period for the filing of hens in case of action under said Subdivision Agreement: DATE OF AGREEMENT FINANCIAL INSTI ION June 4, 1991 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $205,700, Bond Rider No. 11141399139 issued by the above surety on January 27, 1998, be RETAINED for the sic month lien guarantee period until July 27, 1998; at which time, the payment surety may be reduced to an amount not less than the total of all claims on file. BE IT FURTHER RESOLVED that Fetzer Court, Fetzer Lane, Jordon Lane, and Walnut Meadows Drive the hereinafter described roads, as shown and dedicated for public use on the final map of Subdivision 7585 filed June 10, 1991, in Book 357 of maps at page 21, Official Records of Contra Costa County, State of California, are ACCEPTED and DECLARED to be County Roads. Rod Name Koad-RM Widths Road No. Lengths CMiles) Walnut Meadows Drive 40/60 7885AE 246/(0.03 mi.) Fetzer Court 36/56 7885BD 197.72`/(0.03 mi.) Fetzer Lane 36/56 7885BE 1349.20'/(0.31 mi.) Jordon Lane 36/56 7885BF 334.22'/(0.06 mi.) BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, for PHASE I only, and the $3,720 of the original $5,300 cash deposit (Auditor's Deposit Permit No. 190342, dated May 15, 1991) made by The Hofmann Company and 15% or $78,560 for the performancelmaintenance surety, Bond Rider No. 11141399193 issued by The American Insurance Company on December 5, 1997, be RETAINED pursuant to the requirements of Section 94.4.406 of the Ordinance Code until release by this Board. (These dollar amounts reflect the engineer's cost estimate that has been modified to reflect the"phasing" of this subdivision). PHASE II: The following document was presented for Board approval this date: A Substitute Subdivision Agreement with The Hofmann Construction Company, subdivider, whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within one year from the date of said agreement; SUBJECT: Completion of Improvements and Declaring Certain Roads as County Roads, PHASE I, of Subdivision 7585, Approval of Substitute Subdivision Agreement and Surety PHASE 11 Subdivision 7585, Oakley area. DATE: January 27, 1998 PAGE: -3- Said document was accompanied by the following: Substitute security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. $1,580 of the original $5,300 cash deposit (Auditor's Deposit Permit No. 190342, dated May 15, 1991 made by The Hofinann Company. b. Additional security in the form of a substitute corporate surety bond dated December 5, 1997 and issued by The American Insurance Company(Bond No. 1133347481) with The Hofmann Construction Company as principal, in the amount of $156,519 for faithful performance and $79,050 for labor and materials. All deposit permits are one file with the Public Works Department. NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is APPROVED. G:1C3rp1)aza\Wvclll0\Bol-27.wpd I hereby certify that this is a true and correct Originator: Public Works(ES) copy of an action taken and entered on the Contact: Rich Lierly-313-2348 minutes of the Board of Supervisors on the cc: Public Works Accounting date shown. 1�98 R.Barco,Construction ATTESTED: JAnl lorry 27 J Miller,C« tion PHIL BATCHELOR, Clerk of the Board M"n"n""" of Supervisors and County Administrator Tidde File(Phase ll 11-16-98)(Ph®e l 1-13-99) Recorder(vie clerk), Cjj;AjBy -,,,,,�,,,DeputY ff P Sheriawl Div.Cmnmandex CHP,c/o Al CSAA-C" The Flom Company 1330 Uaxy Way,Concord,CA 94522 The American lnsuranee Company Ort Market Plan-Spear Street Tower,San Francisco,CA 94104 3G�8 s r s rrj rte` ,Bo,Vb 811,4 .e =7 �,• cam. Subdivision 2585 - Phase II Bond No. 111 481 ... ... IMPROVEMENT SECURITY BOND Premium: $1,878.UU FOR SUBDIYISIOIC AGREEMENT (Performance, Guarantee and Payment) (Cal if. Government Code. 5166499-66499.10) ' 1. RECITAL OF-SUBDIVISION AGREEM T. The Principal has executed an agreement with the County ns a pay or s ree , ra nage, and other improvements in Subdivision 7585 - Phase II , as specified in the Subdivision Agreement, and to complete said +wor w n e me 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 the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION. HOFMANN CONSTRUCTION COMPANY as Principal, and THEAME , a corporation arg—a—FTF-el existing under tho laws of Se 31ate of NZbras;a and authorized to transact surety business in California, as Surety, ere y jointly anis severally bind ourselves, our heirs, executors, 'administrators, successors, and assigns to the County of Contra Costa, California, to pay its (Af Performance & Guarantee, HUNDRED F FTY X H " FIXE HWUD.RED-_ NINETEEN AND NO/100-7------------------ Dollars or itself or M-11TY'.45si nen un er tHe IBM county Subdivision Agreement, pus ( f Payment) SEVENTY NINE THOUSAND FIFTY A NO/100--________.._____________ 0 ars O O o secure the c a MS. 1 o w c re erenee s ma de in Title XV (commencing w1tF 3ecilan 10821 of part 4 of Division III of the Civil Code of the State of California,. 3. COND TIO f This obligation is subject to the condition set forth on the reverse side hereof. SIGNED AND SEALED on December 5,- 1997 fHOFMANN CONSTRUCTION COMPANY . THE AMERICAN INSURANCE COMPANY Pr#nclpal Surety. Address; 1380 DalaXy Way Address; One Market Plaza, Spear St. Tower Concord, CAZip 94522 San Frrrcisco,iCA Zip 941U,4 Print Name: A 7, ' AIA Print ame: Kathleen 8 ant Title: G. C , "- .,.� Title: Attorney-in-Fact trt,rt��r#�r�,k*��ir��tt�rit��r,t�ir�rttttt,�rk�r*�r��rtf�,r*rk�r�*#irt�ttitir,tit*�t�ttr�r►#t**,tt#,r�r*��rt�rtf,r**�r r 3. CONDITION. A. The Condition of this obligation as to Section 2. (A) above is such that if the above bounded principal, his or its 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 is or. its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their tree 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 a part of the obligation secured hereby and in addition to the face amount ,specified therefor, there shall be included costs and reasonable expenses and fees,, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any Judgment rendered. B. The condition of this obligation as to Section 2. (B) 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, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Cade for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work air labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and 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 than Civil Code, so as to give a right of action to them or their assigns. in any suit brought upon this bond. ..Should the condition 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 subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve: any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code #2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On 1215197 before me,_ SUZANNE10SI Date inn and M war!•9•."Jana Dos,Notary Public") personally appeared XX personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person* whose name(b)is/00 subscribed to the within instrument and acknowledged to me that rp/she/they executed the same in tVWher/jJ*r authorized capacity(i#*),and that by *ther/thKr signature(#on the Instrument the personal, SUZ.ANNE JU�N or the entity upon behalf of which the person(*) acted, comm. #1010464 executed the instrument. NOTAPY PUBLIC•CAUFORNIA @my CON RA COSTA COUNTY Comm.Expires April 22,1998111 WIT SS my hand and offloWseal. Spnitun of Notaryr blic t7PTl AL Though the information below is not required by taw, it may pray luable t persons relying onth ocu nt and could prevent fraudulent removal and reattachment o is to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 0.Individual ❑ Individual Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General XX Attomey-in-Fact ❑ Attomey-in-Pact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator MMM Allifli ❑ Guardian or Conservator ❑ Other: Top of thumb are ❑ Other: Top of thumb hire Signer Is Representing: Signer Is Representing: THE AMERICAN INSURANCE COMPA- -- --- - -------- Y 01994 National Notary Awaoiation-6236 RernrM Ave.,P.O.13ox 7184-Canoga Park,CA 91309-7184 Prod.No.6907 Raordor.Call Toll-Free 1-900.879.8827 GENERAL POWRNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the taws of the State of New Jersey on February 20, 1846,and redomesticated to the State of Nebraska on June 1, 1990,and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint ---KATMEEN BRYANT--- its true and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred in its nate,place and stead,to execute,seat,acknowledge and deliver any and all bonds,undertaridag,recognizances or outer written obligations in the stature thereof and to bind the Corporation thereby as fully and to the same eatent as If such bands were signed by the President,sealed with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premses. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "ArBde VIL Appaiwiarest rad Artiority of RaAhW Soavtarisr,Attonm#4wFrct mad Agents to-m e v t LqW Pirveseer sad ilii*Appm*oc*s. Section 45.Appoistssest.Tie Chalraran of the BoaM of Dfsastars,the President,may VienProddent or asy other perw asthoariaaed by tic Board of Directom IM t`Yatrrmos of the Board of Directors,the President or any Vies-Preddout my,fraaa titian to statin,appoint Riskiest Assistant Secretaries and F represent and ant for and on behalf of the Carpon don stall Agents to accept regal proem asrd snake appearsom for sad on behalf of the Crrpossdos. Seed**46.Am*orft The sathor ity of sack Reddest Assistant Seaxetariaa,Attorseyw4a-Fact and Agents shall be as prescribed in the imu meat evidencing dwir appohst art.Asy sock appoistsrest and all authority granted Hereby soy be ntrroked at say does by the Board of Directors or by any person empowered to stake sack appoissts"o ThisPower of attorney is signet and sailed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a--mans duly called and held on the 31st day of July,IM,and said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant and Corporation may be affixed or printed on an power of attorney,on any n of as Secretary of this Corporation, her the seal this y tx► Y power ofattorney,or on asst'cersiflata relating theme,by€acsimile, and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shalt be valid and binding upon the Corporation:' r IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Via-President,and its corporate seal to be hereunto affixed this I s t day of June 19 90 THE AMERICAN INSURANCE COMPANY �xCC C4'f By V{6FPtMMidetlR STATE OF CALMORNLA ss. COUNTY OF MARIN On this. day of rTune - 19 31L..,before me personally came R.D.Farnsworth to we known.who,being by the duly mom,did depose and say:that be is Vire-Proddatl of THB AMERICAN R4SURANCE COMPANY,the Corporation dsscrib+ed in and which executed the above instrument,that he knows the anal of said Corporation;that the seal affixed to the Wild instrument is such corporate real:tbat it was so affixed by order of the Board of Directors of said Corporation and that be signed his name them by Was order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year basin first'above written. atswaaaas�ssarswrsNtsswrrrrssatsestassttnt OFFICIAL SEAL J. M. VANDEVORT V G2.ri•�-,!"�-" �.. NOTARY PUBLIC•CALIFORNIA Princlot Office in •Marih c6unty Mai Cerft*sWa'taitim 2g,t!!2 GUrITFICATE Fnsft,neeriss.ssssaia uusrarwsersssrsuuessusrs STATE OF CALIFORNIA se, COUNTY OF MARIN L the mad,Resident Assistant Secretary ofTHE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HERBBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked,and furthermore that Article VEL.Sections 45 and 46 of the By4aws of the Corporation,and the Resolution of the Band of Directors;set forth in the Power of Attorney,are now in forst. Signed and sailed at the County of Marin.dated the 5th _day of December , 19 97 x +•Ii a Amount SwnWy 360711-TA-6-90(REV) PtREMAW11 FUND INSURANCE COMPANY ����� �� ` THE AMERICAN INSURANCE COMPANY BOND NO. ` 93 NATIONAL SURETY CORPORATION 5V'e.""61V1X/0'V ASSOCIATED INDEMNITY CORPORATION PRA SE : �E/�wR■i■� M�,A�IItI��cc}��SS��,jy�3 ,GGr AMERICAN AUTOMOBILE INSURANCE COMPANY TT .L,. tXSURA�1>Yir MMPAMS NO OFFICE: BAN FRANCISCO. CALIFORNIA i RIDER In consideration of the premium charged, it is understood and agreed that: 5th December 97 Effective from the day of 19 PERFORMANCE BOND 'IS DECREASED: FROM: FIVE HUNDRED TWENTY THREE THOUSAND AND NO/100----------($523,000.00) TO: SEVENTY EIGHT THOUSAND FIVE HUNDRED SIXTY AND NO/ICO---($ 78,560.00) AND PAYMENT BOND IS DECREASED: FROM: TWO HUNDRED SIXTY FOUR THOUSAND ONE HUNDRED FIFTY AND NO/lUU-:-{$264,150.00} TO: TWO HUNDRED FIVE THOUSAND SEVEN HUNDRED AND NU/100------i-----($205,700.UU) Provided. however, that the liability of the THE AMERICAN INSURANCE COMPANY under the attached bond and under the attached bond as Changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions. agreements or warranties of the undermentioned bond, other than as stated above. Attached to and iorming a part of Bond No. 11141399193i sued by the THE AMERICAN INSURANCE COMPANY dated the E3 th - day of. May 19 I on behalf of HOFMANN CONSTRUCTION COMPANY and in favor o COUNTY OF CONTRA COSTA 5th December 97 HUFMANN S TION AN ___--_.–_ 1�. Signed thisday of 19 ` BY: ACCEPTED. THE AMERICAN AN CE C04PANY The above is hereby agreed to"atnd accepted: Surety COUNTY OF CONTRA COSTA i gee By. BY: }( thee Bryant, V Attorney-in-Fact 360170-11. 6 � ` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Stateof California County of Contra Costa On 12/5/57 before me, �yTrrsx�Tt►rC 01 Vt1I Date e.a.,' are,Notary PUWW) , personally appeared KATHLEEN BRYANT , N-Ws)of Signor(s) personally known to me—OR—0 proved to me on the basis of satisfactory evidence to be the person(X whose name(W Woo subscribed to the within instrument and acknowledged to me that Wshe/t04 executed the same in Wher/thWx authorized capacity(Wa),and that by hWher/tb 7Mr signatureN on the instrument the person(&), SUZA,NNE JC7SLYN or the entity upon behalf of which the person{*acted, COMM. #10104614 executed the instrument. NOTARY PUSUC•CAUFORNIA •C CONTRA COSTA COUNTY L My Corr.m.Expires April 1998! WIT ESS my hand and official se Soviture of ublic OP N Though the information below is not required bylaw,If may pro value to pe ns relying on urr nt and could prevent fraudulent removal and reattachment of this to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual ® individual ® Corporate Officer O Corporate Officer Tltle(s): Title(s): CJ Partner--❑ Limited 0 General r-1 Partner--0 Limited 0 General M Attomey-in-Pact CJ Attomey-in-Pact 17 Trustee 0 Trustee i ❑ Guardian or Conservator 0 Guardian or Conservator ED Other: Top of thumb here D Other: Top of thumb here Signer Is representing: Signer Is representing: THE AMERICAN INSURANCE COMPANY pap to 1994 National Nopuy ASIMiation•VM Remmet Ave.,P.O.Box 7184•Canoga Parte,CA 91509.7164 Prod.No.5907 Reorder;Call Tolt`Fnee 1-000-878-M7 CENERA.t POSTit OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY,a Corporation incorporated under the laws of the State of New Jersey on February 1.0, 18446,and redomesticated to the State of Nebraska on June 1,1990,and having its principal office in the City of Omaha,State of Nebraska,has made,constituted and appointed,and does by these presents make,constitute and appoint ---KATHLEEN BRYANT--- its true and lawful Attorneys}in-Fact,with full power and authority hereby conferred in its name,place and sterni.to execute,seal,acknowledge and deliver any and all bonds,undertaking,recosrazances or other written obligations in the nature thereof ------------------------------------- and to bind the Corporation thereby as fully and to the mere cadent as if such bonds wee signed by the President,scaled with the corporate seal of the Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attomay(s).in-Fad may do in the premises. This power of attorney is granted pursuant to Article VII,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full fora and effect. "Artleie VEL and Astlmity of Rad&W Sea+rtariw,AttoaeyNn-FAd analAsserts to ss eW Lagan pftcm mW Ai'asite Atpos umm. Seedoo 43.Appoletweat.The Cbsirsass of the Boot of Directors,the troddeat.my V or say Odw Psrwa extborlard by the,Board of Dkiders,the Ciahmas of the board of Dh-retem the Prntldent or any Vles-Prsddest racy,from dw to tksse,appoint Reddest Asdstast Secretaries and Attors@794s-Fact to reprosew and act for said as behalf of tie Corpomdos and Agents to accept legal p, sad make appearances for and an behalf of the Corporation. poration. Soadoo 46.Aatioft The satboMty of such Resident Assistant Secretaries,Attorsey&4s-Fact and Agents shag be as prrraibed In tM INS&SAIM Ovi using tirirappoistamt.Any such appolstmeat sad erg autbority granted tbereby Bray be revoked at any tlsse by the board of Directors or by any parson ampowesed to Welts seek appolatanest:' This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly ailed and held on the 3lst day of July,1964,and said Resolution has not been amended or repealed: "RESOLVED. that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile. and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation" IN tW1TNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President,and its corporate seal to be hereunto affixed this 1St: day of June . 19 90 THE AMERICAN INSURANCE COMPANY By Vta.r4v.areaG STATE OF CALIFORNIA es. COUNTY OF MARIN on this Ist dayot R.D.Farnsworth .hen l9 Q� -before me came to we known.who,being by me duly swore,did depose and say:that be is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above Instrument,that be knows the seat of said n:that the seal affixed to the said instrument is such corporate seal:that It was so affixed by order of the Board of Directors of said Corporation and that be signed his name thowto by like order. IN WITNESS WHEREOF,I have hereunto set my band and affixed my official sal,the day and your herein first'above written. aesrrr OFFICIAL SEAL J. AA. VANDEVORT �.-s►-t.,r�,�-�'�"` NOTARY PUBLIC•CAUfORNIA • • Principal o Tics in variii ceunij ' Mai tammissien'frWo A%*-n.1"2 CERTIFICATE eaaurwrrsarurresraerrranruarrrrrrrsrrxraarrnre STATE OF CA"ORNIA es• COUNTY OF MARIN I.the .Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEBRASKA Corporation,DO HEREBY CERTIFY that the foregolag and attached POWER OF ATTORNEY remains in full fore and has not been revoked,and furthermore that Article VII,Sections 45 and 46 of the By-laws of the Corporation,and the Resolution of the Board of Directors:se forth in the Power of Attorney.are noir in fora. Signed and sealed at the County of Main.Dated the 5th day of December . 19 j7 anwoit hrbuw sewouiry 360711•TA•6.90(REV) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } ) SS County of Contra Costa ) On 12/05/97, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, personally known to me (or Proved to me on the basis of satisfactory evidence) to be the person whose name(s) isiare subscribed to the within instrument, and acknowledged to me that he\shetthey executed the same in his\heritheir authorized capacities and that by his\heritheir signature on the instrument the person(s), or the entity(ies) on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal �i ELIZABETH A. STAGNER It COMM. *11015280 � a) I"a" NOTARY PUBLIC-CALIFORNIA (�,,� CONTRA COSTA COUNTY SignatureL zle'��_}� "/l � y �J�t t � -�/ �a My C^mm Ezp{ras Jan,23, 1998 I� / (Seal) ** r****+w**** r*� rt�** r**+tar+r+r*�** r�*�*+r�*+►�**+t��aE��* t***** r*w*a+ Name of Document: Improvement Security Bond Date: December 5, 1997 Number of Pages: 2 SUBDIVISION AGREEMENT (Government Code SSW2 and S66463) Subdivision:_ 7585 - Phase 11 Effective Date:, Subdivider: Hofmann Company Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: +�OtMOOSTACOUM SUBDIVIbER: (Ntrme and Title) J.Michael V afford Public Works Director ,F`A-rAA t.-c ' LJt7tD.t� L c�r By. r I V J � G•I REC By: Engiffeed s Division FQRME : Victor J.Westrnan, County Counsel (NOTE: All signatures to be acknowledged. If Subttivider is in- corporated, signatures must conform with the designated repre- sentative groups pursuant to Corporations Code 8313,) 1. . Effective on the above date,the County of Contra Costar, California, herelnafter called T&untyo- and the above-matntionod SubajyWer mutually promise and agree as follows concerning this subdivision: 2. MOVEMEP . Subdivider agrees to inti certain road Improvements(both public and pmt),drainage Improvements,signs, sbost 11", for this ire hydrsiftas reviewed and on Ion and sudi other with the Contra C Improvements County (InPubitcW rrkks rtenant equipment)as required the Improvement Mans tment County Ordinaries Code(including future amandments thiorsto). and in conformance with the Contra Costa Subdivider alai complete said work and irrtprovertranb(hereinaf ter`called"worlo within the above completion period from date hereof as required by the C&Vbmia Subdivision Map act(Government Code SS86410 and following),In a good workmanlike manner,In accordance w!ti~accepted consbuclion practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder, and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. P TRTY. Upon caucusing this Agreement the Subdivider shall,pursuant to Government Code 586499,and the County Ordinance Code,provide as security to the County. A For Pofformsnce ondGuMMALS 1 580.00 cash,plus addiiional arcuritty,in the amount of S 156,519. which together total one hundred percent(100%)of the estimated Fog R ih-a work. Such additional security is{resented kr th e Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the Subdivider guarantees performanoe under this Agreement and maintenance of the work for one year after its completion and soasptanos against any defoctivo workmanship or materials or any unsatisfactory performanos. 13. For P,g t: Security in the amount of S 7 9,© 0 +hich Is My percent(50%)of the estimated coed of the work Such security is presented In the orm of: Cash,certified check,or rashises check X Acceptable corporate surety bond. Acceptable Irrevocable Netter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as oompbte by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with SU4.406 and 504.4.408 of the Ordinance Code. 4. ANT R F Subdivider guarantees that said work shall be free from defects in material or workmanship and all perform satisfactorily r a period of one(1)year from and after the Board of Supervisors accepts the work as complete CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) } SS County of Contra Costa ? On 12/95/97, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person 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 capacities and that by his\her\their signature on the instrument the person(s), or the entity(ies) on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature �Oytpz (Seal) Name of Document: Subdivision Agreement Date: Undated Number of Pages: 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) SS County of Contra Costa ) On 12/45/97, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, personally known to me for proved to me on the basis of satisfactory evidence) to be the person 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 capacities and that by his\her\their signature on the instrument the person(s), or the entity(ies) on behalf of which the person(s) acted, executed the instrument. •...:�. ELIZABETH A. STAGNER 1 WITNESS my hand and official seal m r,oromm,,PUB #1015280A � CONTRA COSTA COUNTY '.• My Comm Expires Jan 23, 1998 It Signature '] (Seal) Name of Document: Improvement Security Bond Date: December 5, 1997 Number of Pages: 2