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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-564 a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23, 2003,by the following vote AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 564 SUBJECT: Approval of Road Improvement Agreement for Oasis Drive,RA 1144, Subdivision 8570,being developed by Hofmann band Development Co.,Byron area.(District M) The following document was presented for Board approval for Oasis Drive,road acceptance file RA 1144 (Subdivision 8570)property located in the Byron area, Supervisorial District M. A Road Improvement Agreement with Hofmann Land Development Co.,principal,whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of a bridge spanning the East Contra Costa Irrigation District Canal Between Villages H and gI,which includes curb, gutter, sudewalk,pavement, and traffic signing and striping. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: 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 originator Public Works(ES) on the date shown. Contact; Chris Lan(313-2293) CL:rm G:KlrpDatalEngSvc\1301200319-23-031SUB 8570 B0-15.doa ATTESTED: SEPTII+IBER 23, 2003 cc: Public Works-T.Bell,Construction Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and T—June 23,2004(F1) ,w Hofmann Land Development Co. County Administrator Bob Henry 1380 Galaxy Way Concord,CA 94522 Liberty Mutual Insurance Company Deborah Baker By ,Deputy 1 Front Street,Ste.870 San Francisco,CA 94111 RESOLUTION NO.2003/ 564 SUBJECT: Approval of Road Improvement Agreement for Oasis Drive,RA 1144,Subdivision 8570,being developed by Hofmann Land Development Co.,Byron area.(District III) DATE: September 23, 2003 PAGE: 2 I. Cash Bond Performance Amount: $15,800.00 Auditor's Deposit Permit No. DP 411016 Date: August 28,2003 Submitted by: Hofmann Land Development Co. Federal Taxpayer identification number: 68-0419482 11. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070000618 August 21, 2003 Performance Amount: $1,567,800.00 Labor&Materials Amount: $791,800.00 Principal: Hofinann Land Development Co. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/564 R lip SWIMMER MI. MINE W.- mo INE M.- M !� wa 9-m M,=� -� M51011110 =UNA , OEM Wom Ml own :EXPLANATION�., TOTAL DEPOSIT corWsts of the Deposit COIN and CURRENC . . s m BANK DEPOSITS $ FOR R e • # LY PoSrr DE ♦ R NUMBeR DATE ASSIGONED The amount of money clescribed above is for Receipt of above arnount is hereby deposit into the County Treasury d Do"Ccounty ountY f ! f Ya. ♦ t DEPOSIT PERMIT_.. OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA REaIVED FROM ORGANIZATION NUMBER (For Cash CcllrcHon PFOCOCkwas see County Administrator`s BuAstin 10&) DESCRIPTION f`UND/0RQ ACCT TASK ACTIVITY AMOUNT C 163zL 9f 3 Q &v rf&�� J,7r l 0350 r I I V1 I I I I L-1 I I I I I I I i /9 ado Ks Zs ►�0 I i ! E t ! i I 1 I i i I I EXPLANATION: TOTAL $ t DEPOSIT I Deposit consists of the follawing items CONN and CURRENCY $ CHECKS,Ma ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY ,.DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treas 's receipt of above amount is approved Receipt of above o is hereby sit Wo the County Treasury., ock ledged : .c - Cik Dated Ti (/t.L+G EXT. Deputy County AuditorD"County7masurer D-34 REV.(7-93) 0649-9665 1 8310000: 61120740, $424,03, MS 53-90, Additional Minor Subdivision Inspection Improvement Deposit, St. Germain Construction, Inc. 4016 Medford Ct, Martinez, CA 94553 0649-9665 l 8310000: 61120734, $500,00,R5 2824 Record of Survey Deposit, job 0329, Wayne 0. & Shelia A. Mac Donell, 71 Donna Maria Way, Orinda, CA 94563 0649-9665 / 8310000: 61120735, $200,00, RS2823, Record of Survey Deposit job 105920x, Ronald Greenwell & Assoc, 10 South Labe Dr. #1, Antioch, CA 94509 0649-9665 18310000: G1120738, $177,839,00, RA1121, Road Acceptance Inspection, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 0649-9665 1 8310000; G1120739, $74,762.00, RA 1144, Road Acceptance Inspection, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: G1120736, $35,215.00, Sub 8570, Guarantee of Performance (Bond), Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: G1120737, $6,000,00, Sub 8570, Guarantee of Performance (Bond), for Drainage Improvement Agreement, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: G1120738, $38750.00, RA1121, Performance Cash Bond, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: G1120739, $15,800,00, RA1144, Performance Cash Bond, Hoffman Land Development Co, 1380 Galaxy Way, Concord,CA 94522 0682-9752 1 819200: G1121203, $650.00, SR4 Trans Permit, 6r4tp 6x4409, ADK Permit Service, Inc., 127 Camellia Way, Modesto, CA 95354- 2814 Bond leo.: 070000618 Development: Premium: $14,110 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and payment) (California Government Code §§ 66499 -66499.10) I. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along Oasis Vrr v#_be, p. RA 1144o complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Hofmann Land Development Company ,asPrincipal and Liberty Mutual Insurance Comg oration organized under the laws of the State of Massachusetts , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: �n /Nt1�,'�n `:✓ 'f�r�+tA'rr ��`a+';4n Dollars($' 42>7; 7;?0 0 "° )for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: `seWlf 1-10AdrZd1V1'1' ani 72005cfeLd'ol Dollars($ -79 ! y' 25 0 b °O ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDI'T'ION: 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 invent 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 fiill force and effect. i As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.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,material men and other persons employed in the performance of the aforesaid 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 undersigned 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 3482 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the 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 Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County 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 Principal whenever taken. 4. SIGNER AND SEALED: The undersigned executed this document on .L:�IR�i►_ ) , Hofmann L D lopme mpany PRINCIPAL: e ;4 - SURETY: Liberty Mutual. Insurance Company Address:,? l Address: 1 Front Street, Ste. _870 City: ryry .CL _ City: San Francs u CA_ 9411.1 By: �t"`rC _�_ By: Print Name: CN Print Name: Deborah Baker• Title: ' t2_' ,i Title: Attomey-in-Fact :mW i GAG n.a\EW�t\Fomi9\BN woxMszv.s.aoc 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 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 ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LINAC-6539 2/03 1274283 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock Insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN,,MATTHEW J DRUMRHaHT,DEBORAH BAKER,ALL OR THE CITY OF CONCORD,STATE OF CAUFORNiA ....... ... ... L.... v .................................. .........................................}M i .K... K -....s.. 4Kw4 ...........K i K 6 .4 1 .s...et K ... • KKK,asii . .............K....K............. each Individually If there be mora than one named,its trite and lawful attomey I6--fact to make,execute,seal,ackn<rw[asige and deliver,for and on its behalf as sure ty and as its act and dead,ani►and all undartHkings, bonds recogritzanoa and athe#surey abliga o s the penal sum not exceeding t? **" !« **! '"""` 54- A00.ta{#* 1 each,and the FIFTY MILL! NAND tlJt3 _ E}OLLAR j$ _, execution of such undertakings bonds, recogrllzances and other surety obilgatisons, In.,-pursuance of%these presents shall be as binding upon the Company as If they had been duly sk ad bY.the presidentand;ettested by the sepretary of.th#:Company In their awn proper persons. That this power Is made and executed 0011ant to and by artthcrri#y of a followirig By law and;Authc?rizationi, ARTICLE X111-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 attomeys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seat, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth In their respective powers of attomey,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C as binding as If signed by the president and attested by the secretary. t3 � st By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact. G Pursuant to Article X111, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, Is hereby C authorized to appoint such attomeys-in-fact as may be necessary to act In behalf of the Company to make,execute,seal,acknowledge and _ C deliver as surety any and all undertakings,bonds,recogndzances and other surety obligations. Im That the By-law and the Authorization set forth above are true copies thereof and are now In full force and effect. y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of 0 CL Liberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting,Pennsylvania this_ 29#h__ day of A261 2003 w a+ LIBERTY MUTUAL INSURANCE COMPANY tit Garnet W.Elliott,Assistant Secretary 0 COMMONWEALTH OF PENSYLVANIA es COUNTY OF MONTGOMERYO On this ,29th day of A2d1 2r303 ,before me,a Notary public;personally came Gamut 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 L Mower of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. y IN TESTIMONY WH P nto subscribed my name and af$xed my notarial seal at Plymouth Mee",Pennsylvania,an the day and year 1W first above written. �. q C w rprase t '"twin Notary PuWrc G! 4 O PtyE piftywp-.4�,tont rwryGcr tsYy_ 'G7 MY cc�+ti+iti�tg Explrea hexer,28 '. y Z � r Tesa F'asto�lla,Not Public;. �ew �tyt' htembcr cs tiytrmrraAaa�atarkrnat � O T CERTIFICATE , ~r 1,the undersigned,Assistan ret k, Lib+srty Mutual Insurance Company;da:hereby certifiy that the Original povtiet of:attorney of which the foregoing is a full,true and correct copy,Is In fdtl for :and effect on't#re clot$of#11a certificate afx t.ao furttaer tsertify tl'tat3t4#:v#ficer or official who executed the said power of attorney is an Assistant Secretary specially authorized by;the chairman or;he president ttrappdint:4ttomeys-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 facsirrO.ie 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 sarna fovoe and effect as though manually affixed. INT TESTIMONY WHEREOF I�h e hereunto subscribed my name and affixed the corporate seat of the said company,this 25th day of A ',I Ik.Rtru„ � ,.,, By :. v� Dii 16 M.Carey,AssWWit Secretary State of California County of Contra Costa Can August 25,2003 before me,Myra J.Hicks personally appeared Deborah Baker (Personally known to me -or- [ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) and that by his ri4inr . r j' /her/their signature(s) on the instrument the person(s) or the MYRA I MCKS h entity upon behalf of which the person(s) acted, executed Commbston#12W65 Not, y Pubk-Caffibryd the instrument. Alco mcla County t ' Wl11NFSS my hand and L-1ci s al. f Signa o otary Pub is ---------------------------------------------------Optional----------------------------------------------------------- Though the information below is not required by lax,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 Land Development Bond 070000618 for Contra Costa Countv Document Date: 08/21/03 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: Individual El Individual []Corporate Officer 0 Corporate Officer Title(s): Title(s): ®Partner-[ILimited❑General []Partner-[Limited ElGeneral 0 Attorney-in-Fact D Attorney-in-Fact El Trustee F1 Trustee ®� Guardian or Conservator El Guardian or Conservator tJ ' Other: Top of Here El Other: Top of Thumb Herz Signer is Representing: Signer is Representing:" Liberty Mutual Insurance Company CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa On August 21,, 2003, 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 D. PANTELES Comm.#1296585 NOTARY PUBLIC-CALIFORNIA YI contfs Cate county V Comm EXPOIS Match 9,2 Signature ' �:- �'�, . .....:"::...................... . . ...........I.......... Reference: Improvement Security Bond for Road Improvement Agreement- 8570 Date: August 21, 2003 Pages: 1 CERTIFICATION OF SECRETARY 1, Dennis M. Drew, do hereby certify that I.am duly elected and qualified .Secretary and the keeper of the records and corporate seal of Hofmann Land [Development Company, a corporation organized and existing under the laws of the ,State of California, and that the attached is a true and correct copy of a resolution duly adopted at a meeting of the Bard of Directors thereof, convened and held in accordance with law and the Bylaws of said Corporation and that such resolution is now in full force and effect. l� Dennis M. Drew, Secretary Date: ! ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT 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 adopt the following resolution: RESOLVED,that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the taking of actlon of the Board of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 Kenneth a n, DIrector Albert T. Shaw, DI or erinon, Director omas A. Whalen, Dennis M. Drew, Director Richard L. Greens, Director