HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-468 TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 6, 2002, by the following vote:
AYES: Supervisors Gerber, Uilkema, Glover, DeSaulnier, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/468
SUBJECT: Approving the Improvement Warranty Agreement for Subdivision 8143, being
developed by Hofmann Land Development, Byron area(District III).
The following document was presented for Board approval for Subdivision 8143 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 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.
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 taken
PE:cw and entered on the minutes of the Board of Supervisors on the date
G.1GrpData\Wvc%01200218-0"21SUB 8143 Bo-15.doc shown.
originator sa�
Contact (313-2358) ATTESTED. AUGUST 06, 2002
cc: Pubic Works- T.Belt Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County
Current Planning,Conmnntity Developn"
T_6.06.03 Administrator
HoBnatnt Land Development
1380 Galaxy Way
Concord,CA 94520
St.Paul Fire and Marine Insurance Company
One Market Plaza,Spear Stred Tower By sDeputy
San Francisco,CA 94111
RESOLUTION NO.2002/ 468
Development: Tract 8143
Bond No. S 89068
Premium: $641.00
SEcuRrry Bolen
FOR LMPROVEMENT`'WARRANTY AGREEMENT
1. RECITAL OF IMPROVEMENT WARRANTY AGREEMENT: Principal has executed an improvement warranty
agreement with the County of Contra Costa to maintain and repair curbs and other affected improvements
for Tract 8143 at principal's expense for a period of five years, as specified in the improvement
warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the final map for said subdivision.
2. OBLIGATION: HOFMANN LAND DEVELOPMENT COMPANY
ST. PAUL FIRE AND MARINE INSURANCE COMPANYas principal and
existing under the lazes of the State of Minnesota , a corporation organized and
and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: THIRTY SEVEN THOUSAND AND N0/100------__-__
Dollars($ 37;000.00 for Contra Costa County or any city assignee under
the above improvement warranty agreement.
B. Payment: NINETEEN THOUSAND AND NOI100-----------_ ..
--------___ _________ Db
19,000.00 ��
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 P.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, all to be
taxed as costs and'included in any judgement rendered.
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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 nen 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 Aet'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 costs and to be included in the judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit.of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the work under conditions of this bond be fully performed,then this obligation shall become
null and voids 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.
SYG1VAD AND SEALED-on June 19, 2002
HOFMANN LAND DEVELOPMENT COMPANY ST. PAUL FIRE AND MARINE INSURANCE
PRnvraL. SURETY: COMPANY
Address: P.O. Box 758 Address: One Market Plaza, Spear St. Tower
City: Concord, CA ip: 94522 City: Sap Fra CA i 94111
IAI P�
By: f By:
PnntY lame: - Kathleen Bryant
,�Ltl Print Name:
Title.. PgEE��P 9A)r Title: Attorney-in-Fact
m:mw:1
G:%GrrDa*Wjq;$nTattyEd12042V=eNDisco Bay Wamnty AV=Bon&&c
(` CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
St:tt of ( � '� t [1.\{✓._. OPTIONAL SECTION
Civ Inty of CAPACITY CLAIMED B Y SIGNER
before Ire, C'>_Tzs #1 � b
�'A� NAMB TCI1B OF OFFICBR E O.,")AN8 DOE NOTARY PUBLIC" Though statute does not require the Notary to rill In
the data below,doing so inlay prove invaluable to
pomnally appeared C \ Gt,.}....) persons relying on the document.
NAMES)OF SIONER(S) 0 INDIVIDUAL
3ersonally known to me-OR-0 proved to me on the basis of satisfactory evidence to Ii;�ORATB O ICER`{S)
be the person(s)whose name(s)is/are
subscribed to the within instrument and mss)
acknowledged to me that he/she/they executed
D. PANT LES the same in his/her/their authorized 0 PARTNER(S) 0 LIMITED
,. COMM,N 1298585 capscity(ies),and that by hisJher/their 0 GENERAL
NOTARY PUBLIC•CALIFORNIA signatures)on the instrument the persons)or 0 ATTORNEY-IN-FACT
conte Coats County r the entity upon behalf of which the person(s) 0 TRUSTEE(S)
My Camm.Expiraa March 9,2005 acted,executed the instrument. 0 GUARDIAN/CONSERVATOR
W*fNfsS0 OTHER.
S my hand and fficial seal,
SIGNER IS REPRESENTING:
(NANO OF PERSON(S)OR ENrrrY(IES))
SIGNATURE OF NOTARY
OPTIONAL SECTION
rTH)< CERTIFICATE MUST BE ATTACHED Title or Type of Document
`.HE DOCUMENT AT RIGHT. Number of Pages
Thckgh the data below is not required by law,it may prove valuable Date of Document
to Iv rsons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-s 3acbnent of this form
INSTRUCTIONS TO NOTARY
The<'ollowing 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. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed DINE TH the signature. The
name must be Signe exact y as it is typed or printed.
II. Sproperty must
IGNATu P R INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
stated.
III• SIGNA' C.1RES FOR PARTHIPS - Siting party must be either a general partner or be authorized in writing to have
the authority to sign for'ann m e partnership.
IV. SIGNAnJRRq FOR MRPQRATIONS
ocumentS SnOula be signed y two officers,one from each of the following two groups:
GROUP L ha,)The Chair of the Board
The President
Any Vice-President
GROUP Z. a The Secretary
An Assistant Secretary
c The Chief Financial Officer
The Assistant Treasurer
If sigt-atures of officers from each of the above two$coups 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 suffice.
Notarisation of only one corporate signature or signatures from onl one group,must contain the following phrase:
".Ant>acknowledged tome that such corporation executed the wit instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JQMW
XTWS4W54ARDATA\Gep \&Ovc\Fomy WORD FORMS\ALI,PURPOSE NOTARY.doe
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On June 19, 2002 before me, Sandra Fredrickson, Notary Public,
personally appeared Kathleen Bryant, personally known to me to be the
person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity and that by her signature on the instrument the person or the
entity upon behalf of which the person acted, executed her instrument.
Witness my hand and official seal
�` SANDRAFREDMCKSON�
0 COMM.#1287399
• NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY 0
C OMM.EXP.DEC,15,2004-+
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Though the data below is not required by law, it may prove valuable to persons relying on
the document and could prevent fraudulent reattachment to this form.
CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact
SIGNER IS REPRESENTING: ST. PAUL FIRE AND MARINE
INSURANCE COMPANY
eu� POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Patel Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Powtr of Attorney No. 20396 Certificate No. 6
18
KNf3W ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St.€aul lure and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the taws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and
that:f=idelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Unci rwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively ratted the "Companies"), and that the Companies do
herel:y make,constitute and appoint
Kathleen Bryant and James C.Jenldns
of the City of Concord State California
their true and lawful Attomey(s)-in-Pact,
each n their separate capacity if more than one is named above,to sign its name as surety to,and to execute,sea]and acknowledge any and all bonds,undertakings,
contcicts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
perftinance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WMESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 1St day of December 1999
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
:ry �pN iK� .txa
r * �•Igta6ldr= ti
71�<: tewestnt ,pew h,
p rSe4 5�1GL t 1$n mq JOHN F.PHINNEY,Vice President
t�
State i,..f Maryland .
City(Y..'Baltimore
THOMAS E.Ht11BREGTSE,Assistant Secretary
On tl^i.> 1st day of Decefnber 1$99
before me,the undersigned officer,personally appeared John F Phinney and
Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marine.,Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaras.ty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corpo:^cations by themselves as duly authorized officers.
In Wit=less Whereof,I hereunto set my hand and official seal. T
My Cammission expires the 13th day of July,2002. �'
ggcaY REBECCA EASLEY-ONOKALA,Notary Public
86203>3ev.7-2000 Printed in U.S.A.
Thi<,,Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul
Fire an3>Marine Insurance Company,St Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,
Fidelity nd Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and
effect,tt,ading as follows:
RE£OLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to;lid business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
acc<rdance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Coi-pany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
and r their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
the",eal of the Company.;nV be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and alfbsting beads and undertakings and other writings obligatory in the nature thereof,and subject to any Iimitations set forth therein,any
suc#:Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so
exc?t>uted and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
w hi<;h it is validly attached;and
RE'x*LVED FURTHER,that Attorneys)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of
Attsmey issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attorneys)-in-Fact shall be as binding upon the Company as if signed by an
Exl:utive Officer and sealed and attested to by the Secretary of the Company.
I,Tholz<as E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,
St.Pat>Mercury Insurance Company,United States Fidelity and Guaranty Company;Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Undem'riters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and eflct and has not been revoked.
IN TE47IMONY WHEREOF,I hereunto set my hand this 19th day of June 2002
SC�i:7y 1'M +� ,p$rJ,wary
777111 s'`� ro � 1Y((� Err W XWOM11
1951
79;.7) ■p �,�SgALfiw:as� two i97T
Orrk>a �►' �si,+d ``�+.°+' q Thomas E.Huibregtse,Assistant Secretary
To very the authenticity of this Power of Attorney,colt 1-80OL421-3880 and ask for the Power ofAdorirey clerk. Please refer to the Power of Attorney number,
the above-named individuals and the details of the bond to which the power is attaeheit,
Fireman's Fund Insurance Company 11119463526
Bond No.
The American insurance Company
National Surety Corporation
'��� Associated Indemnity Corporation
American Automobile insurance Company
Rider
In consideration of the premium charged,it is understood and agreed that:
Ff€9covefrom the 2nd day of July 2002
PERFORMANCE BOND AMOUNT BE AMENDED
FROM: SEVEN HUNDRED THIRTY FOUR THOUSAND SEVEN HUNDRED AND N01100--
-----------($734,700.00)
TO: ONE HUNDRED TEN THOUSAND TWO HUNDRED FIVE AND NOJ100--------
------------($110,205.00)
Pro's iedhowever,that the r`iabilityafthe THE AMERICAN INSURANCE COMPANY
ung-r the attached bond and under the amched bond as changed by this rider shall not be cumulative.
Nott:ing herein contained shall be held to vary,waive,alter or extend any ofthe terms,con
bong,other than as stated above ditions,agreements or warranties of the undermentioned
AtUK,hedtoand fnrmingaPart ofBond No, 11119463526 issued by the_ THE AMERICAN INSURANCE COMPANY
dated the 15th day of February 2000
onb,.-, aifof TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT
and ire favor or COUNTY OF CONTRA COSTA
Signehdthis 2nd , July 2002
ZAM ' URANCE CO Y
Surety$ Bryant,
60273-11_gg Artomey4n-Fact
r:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On July 2, 2002 before me, Sandra Fredrickson, Notary Public,
personally appeared Kathleen Bryant, personally known to me to be the
person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized
capacity and that by her signature on the instrument the person or the
entity upon behalf of which the person acted, executed her instrument.
Witness my hand and official seal
r SANDRA FREDRICK' r
U COMM.#1287399 r;
{�
NOTARY PUBLIC-CALIE)RHIA 0 A
CONTRA COSTA COUNTY n � n
COMM.EXP.DEC.IC 2044`i
VF,Ito 47
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OPTIONAL
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Though the data below is not required by law, it may prove valuable to persons relying on
the document and could prevent fraudutent reattachment to this form.
CAPACITY CLAIMED BY SIGNED.: Attorney-in-Pact
SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY
FIREMAN'S FUND INSURANCE COMPANY
YwkTif?NAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
771E AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OFATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporsi',isn,NA'T'IONAL SURETY CORPORATION,
an: lllinoss corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNI'T'Y
Ct?RPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein oolledively Called "the
CiksiSpani s")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA
their-true and lawful Attorneys)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all
bon Is,undertakings,recognizances or other written obligations in the nature thereof -------—.
sn&w bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly
attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fad may do in the premises.
7,114:00wer of attorney is granted under and by the authority of Article V11 of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY
COItI'ORATTON, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions are now in full force and effect.
TlhisOower of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Diredars of FIREMAN'S FUND INSURANCE
COMPANY,NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN
ALM.)MOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been
amen4ed or repealed:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the
facsimile,
maynd be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by
Y 1o`t attorney,any revocation of any power of attorney,or txrtifccate bearing such facsimile signature or facsimile seat shall
be valid and binding upon the Companies."
IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed
this__251bk day of SeRteml7er , —q9S
sarrr tpkMla t kYCRrh r®w.,y
�`,....,.° i.*�.«.« o ,��,i�,•w,�+t FtREhtAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION
r r i THE AMERICAN INSURANCE COMPANY
ASSOCIATED INDEMNITY CORPORATION
elle i wok`' `�•. .•';« N�t�h fit* �ty4 �.. e� .. �,r AMERICAN AUTOMOBILE INSURANCE COMPANY
� ca to �,yCE e6'► `Q1gaf;Fa
BY
STATE OF CALIFORNIA v tr�tag.r
S&
COUKrY OF MARIN
On this day of S tember ,before me personally came M.A. Mallonce to tyre known,who,being by me
duly sv: and say:dime 1a'NO of company,deacrrW in uA which ex alai Wen4 that he kaaws tM seals of the Said..
Corthpat les;that the seals affixed to the said i sutuneat am such company scilla;that they were so affixed by order of the Board of Directors of said companies and that he
signed lis name thereto by lilac order !�
IN WILINESS WHEREOF,I have hereunto tart my hand and affixed my official seal,the day and year herein fust above written.
L OCAMPO
Cotltmisskxl# 1'163726
s Notary Public-catiforria
y Marin CmIty t
AA1+C0xrYtt Eies tVfsvB,2001r Public CERTM ATE
STA71:1?CALIFORNIA
sx
COUNTY OF MARIN
T,the arersigeed,Resident Assistant Soar tarry of each oompaety,DO HEREBY CERTIFY that the foregoing sad attached POWER OF ATTORNEY remains in full Corex
and bas;to(am �revoked;sad furthermore That Article VI[of the By-laws of each company and the Resolution of the Board of Dkoctorr,set forth in the Power ofAuorney,
Signed ttrd sealed at the county of Maria.Dated the 2nd day of July 200 2
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N •aa«s.•M Nca Co *'t4CE C4� A``tdYn••+�' R�id�lA�triSaorttary
r3s: _
SUBJECT: Approving of Improvement Warranty Agreement for Subdivision 8143,being
developed by Hofrnann Land Development,Byron area(District
DATE: August 6, 2002
PACE. 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 388989 Date: June 27, 2002
Submitted by: Hofmann Land Development
Taxpayer identification number: 68-0419482
II. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: SR9068 June 19, 2002
Performance Amount: $37,000.00
Labor&Materials Amount: $19,000.00
Principal: Hofmann Land Development
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. 2002/468
IMPROVEMENT WARRANTY AGREEMENT
(After Construction is Complete)
(Government Code§§ 66462 and 66463)
Development: Subdivision 8143 Effective Date: 2—
Principal: Hofmann Land Development Co.,Inc. Maintenance Period: 5 Years
Balds:
A. Cash: $1,000.00
B. Surety:
1. Faithful performance&maintenance: $37,000.00
2. Payment for labor and materials: $19,000.00
PAI-IMS & DATE. Effective on the above date, the County of Contra Costa California, hereinafter called "County," and
the ibove-named"Principals'mutually promise and agree as follows concerning this development.
RA ROVEMENT WARRANTY.Principal wan-ants 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 s peri;or to the requirements of the County Ordinance Code,Title 9.
GU{GRANTEE&MAINTENANCE.Principal guarantees that the aforesaid development improvements are and will be free
frorri, defects and will perform satisfactorily in accordance with the County Ordinance Code and
the
improvements for five years after the date of this agreement against any defective workma�ppor materials shallal for any
unsalsfactory performance,particularly ponding of storm water in gutters.
RVIP:�ZOVEMENT 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: $37,000.00, 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
accel table 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: $19,000.00, which is 50°/0 of the
estirrt ited 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 NVAIVER 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 orall of these acts, shall not relieve
fulfill this agreement as prescribed; nor shall Countybe thereby stopped
principal of the obligation to
y opped from bringing any action for damages arising from
the failure to comply with any of the terms and conditions hereof.
IND} `vINiTY: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
threateled 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 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 6f them;
D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or
not an: indemnity has prepared,supplied,or approved any plan(s)or specifications)in connection with the improvements or
develtprnent,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
existig 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 aid principal shall pay the costs and charges,
therefiir, immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs
and tl{e cost of maintaining the improvements, principal shall pay all reasonable attorneys'fees, costs of suit and all other
expen,,es of litigation incurred by County in connection therewith.
ASSIOINMENT: 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
devek,q)meat appearing hereafter upon demand by County.
CON>'IDERATION: In consideration hereof, at the end of the five year warranty period, County will accept the curbs and
adjacennt pavement of Subdivision 7686 for maintenance.
CONTRA COSTA COUNTY: PRINCIPAL:
Mamice M.Shiu,Public Works Director Hofmann Land Development Co.,Inc.
F 1 ! i By: r
-_
t A.T.Shaw,President
REC()NMIENDED FOR APPROVAL:
a
By:
ervices Division
FORIi APPROVED: Victor J.Westman,County Counsel
A
G:\GiV3ata\EngSvc\Cluis\Pmjects\Discovery Bay West\SUB 81431SUB 8I43 warranty Agnnt.doc r
11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CCA i Z(")C t k C>" OPTIONAL SECTION
Cc mty of CAPACITY CLAIMED BY SIGNER
02i Lp U before me, k
NAME TITLE OP OF11 B G.,")ANE 1708 NOTARY PUBLIC" Though statute does not require the Notary to fill In
DATB the data below,doing so may prove invaluable to
pcs;anallp appeared_CA •7 �C persons relying on the document.
NAWS)OF SIGNMS) 0 INDIVIDUAL
personally known to me-OR-0 proved to me on the basis of satisfactory evidence to O�TF,0 ICER(SS
X
be the person(s)whose name(s)islareit
P t�Trr
subscribed to the within instrument and Tri s))
acknowledged to me that helshelthey executed 0 PARTNE
D. PANTELES the same in his/her/their authorized R(S) 0 LIMITED
.. Comm,N 1296585 capacity(ies),and that by his/her/their 0 GENERAL
NOTARY PUILiC•CALIFORNIA N signatum(s)on the instrument the person(s)or 0 ATTORNEY-IN-FACT
0 TRUSTE S
Contro:Cortr Count]r the entity upon behalf of which the persons) TRUSTEE(S)
4amy Comm.Expires Mash i,2006 acted,executed the instrument. 0 GUARDIAN/CONSERVATOR
0 OTHER:
S my hand and o ial seal,
a SIGNER IS REPRESENTING:
(NAME OF PERSONS)OR MMTY(MS))
SIGNATTTRB OF NOTARY
OPTIONAL SECTION
TH13 CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
The igh the data below is not required by law,.it may prove valuable Date of Document
to (sons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-a xachment of this form
INSTRUCTIONS TO NOTARY
The:;allowing information is-provided in an effort to'expedite processing of the documents.
Sigmitures required on documents must comply with the following to be acceptable to Contra Costa County.
I. E'OR ALL SICiNAT(�R1✓S -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must a—Signe exact y as it is typed or printed.
ff. SIGNATL ustt 'stated.OR INUMDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property mfie
�• S 'tl<4R P HIPS - Signing party must be either a general partner or be,authorized in writing to have
the authority to sign-mar an in tdepartnership.
IV. StCrNATLIRBS FQR CQRI'ORATIONS
uactimeats
should be signee by two officers,one from each of the following two groups:
GROUP 1. {{a}}The Chair of the Board
(b}The President
(c Any Vice-President
GROUP 2. a The Secretary
An Assistant Secretary
R' '
The Chief Financial Officer
The Assistant Treasurer
If sig atures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Boaro.of Directors authorizing the person signing the tnstrunient to execute instruments Of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notartation of only one corporate signature or signatures from only one group,must contain the following phrase:
..an+�acknowledged tome that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Direcbrs."
yc:nm
HPW$41St,ARDATA\Grp a \&VvcWomm1WORD FORMSLiLL PURFOSB NOTARY.doe
s:
„. COUNTY OF CONTRA COSTA (” Of
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DEPOSIT PERMIT -
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
-RECEIYR3 FROM
ORGANIZATION NUMBER Z/
(Por Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION PUNDJORG ACCT TASK OPTION ACTIVITY AMOUNT
$ )
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62 DEPOSITGMY
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Deposit consists of the tollowit items C
1/ 1 f rj� COIN and CURRENCY $
Y O!
CHECKS,M X ETC $
w' J BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
-7
——� ' ,•7 � ° PERMIT
NUMBER DP
V
r .-- DATE 388989 J H 271,02
ASSIGNED
The amount money described above is for Treasurer's receipt of above amount is approved° Receipt of above amount is hereby
depostt;nto the Camty 7reas r
Y acknowledged
Signed„ ' * C `, {Dote
Signed: Signed: ` .�;t }Cy
Depu Y aunty t Deputy County Treasurer «
34 REY.(7-93�
COUNTY OF CONTRA COSTA ' C }
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVE:FROM
( tom++ ?
ORGANIZATION NUMBER
L
(Far Cash Collection Procedures see County Administrator's Bulletin 10&)
DESCRIPTION FUND/ORG ACCT TASK OPTION ACTMTY AMOUNT
l'at ..- $
1_&� LUD i✓t J
61e�
I
1
1
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EXPLANARDN: TOTAL $ r
DEPOSIT r
consists of the Wowing itama
COIN CUWE CY $
CHECKS,M.Ct,ETC.
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT Dpi -32S 2 8
NUMBER — `#
DATE
_ ASSIGNED
The amount a#money described above is far Treasurer's receipt of above amount is d Receipt of above amount is hereby
deposit Ito thr.County Treasury k
Datej
Tine e Z_ Signed:
- .y ty Coun itor Deputy County Treasurer
•aa aev i�_�31:>
819800-0800: 61093315, $1,000.00, SUB 7595 Subdivision Agreement
Cash Bond, Olson Financial, 90 Village brive, Brentwood, CA 94513
819800-0800: 61093324, $1,000.00, SUB 7686 Five Year Improvement
Warranty Cash Bond, Hofmann Land Development, 1380 Galaxy Way,
Concord, CA 94520
819800-0800: 61093325, 1 004.00, SUB 8,W Five Year Improvement
Warranty Cash Bond, Hofmann Land Development, 1380 Galaxy Way,
Concord, CA 94520
000649-9665 / 831000: 61093320, 114.398.00, PA 0003 Landscape Plan
Check Fee, Shapell Industries of Northern California, 100 N. Milpitas Blvd.,
PO Box 361169, Milpitas, CA 95035
Carlson, Barbee
& Gibson, Inc.
CIVIL ENGINEERS SURVEYORS • PLANNERS
PRELIMINARY WARRANTY BOND ESTIMATE 1-Mar-01
DISCOVERY BAY WEST SD 8143
5 YEAR CURB WARRANTY
CONTRA COSTA COUNTY,CALIFORNIA
Unit
RPM Description Quantity Unit Price Amount
RE'P'LACEMENT COSTS
STREET WORK
1 Demolition and Removal 1 LS $ 25,000.00 $ 25,000.00
2 S1-150 Curb 1,485 M $ 35.00 $ 51,975.00
3 Sidewalk 1,730 SM $ 30.00 $ 51,900.00
4 6.1 m Pedestrian Ramp 10 EA $ 1,300.00 $ 13,000.00
5 3m-wide Pavement Replacement 4,750 SM $ 21.00 $ 99,750.00
6 76mm Curb Drain 462 EA $ 25.00 $ 11,550.00
Subtotal $ 253,175.00
15%of Subtotal $ 37,976.25
Total Bond Amount(to nearest$100) $ 38,000.00
rs9PROFES&
10,
No.346$ m
CIVIL
OPCALIVO��
010
D'"Mwn ear wsat 093.00 BondSD81l3.xis Page 1
2603 CAMINO RAMON,SUITE 100 SAN RAMON,CALIFORNIA 94583 (925)888-0322 • FAX(925)866-8575