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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-569 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/ 569 SUBJECT: Approve the Drainage Improvement Agreement for Subdivision 8570, being developed by Hofmann Land Development Co.,Byron area. {District III} The following document was presented for Board approval this date for Subdivision 8570,property located in the Byron area, Supervisorial District III. A drainage improvement agreement with Hofmann Land Development Co., principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of a lake circulation system,including circulation pipes and pump station. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: L Cash Bond Performance Amount: $6,000.00 Auditor's Deposit Permit No. DP411016 Date: August 28, 2003 Submitted by: Hofmann Land Development Co. Federal Taxpayer identification number: 68-0419482 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 date shown. Originator.Public works(ES) ContaCL-rrnc Cfuis Lau(313-zz93} ATTESTED;_ SEER 23, 2003 tWalEneytc SM003W-23A3LSU8 8570130.20.doc cc: Pubic Works- T.Ben,Constrw ion JOHN SWEETEN,Clerk of the Booid of Supervisors and County T—3une 23,2004 Hormatut Land Development Co. Administrator Bob Henry 1380 Galaxy Way Concord,CA 94322 Liberty Mutual Insurance CorMany Deborab Baker By ,Deputy 2552 Stanwell Drive Concord,CA 94520 RESOLUTION NO.2003! 569 SUBJECT: Approve the Drainage Improvement Agreement for Subdivision 8570, being developed by Hofmann Land Development Co., Byron area. (District IIT) DATE: September 23, 2003 PAGE: 2 II. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070000622 August 21, 2003 Performance Amount: $592,600.00 Labor&Materials Amount: $299,300.00 Principal: Hofmann Land Development Co. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on rile with the Public Works.Department. RESOLUTION NO. 2003/569 # ism �4sm� - FMINIM �� INNIMEM NIMMMI �uur �. iiiuR r 0 IMPM., 20 7 Depoitconistsofthefollowing -Ml COIN and CURRENCY CHECKSkOETC. # .O FM AUDITOR-CONTIqfLh;�rY IWDEPOSIT PERMT 411 btfi-M 28'03 NUMBER DATE 1/ ASSIGNED The amount of R � DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER / ✓' TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGAMZA'nON NUMBER t=,•lam�1 '�' ,.�,� `� ' (For Cash Colled;on Pracedwu we County Administrator's Bulletin 105.) DESCRIPTION f JND/ORGY Utz TASK TION ACTIVITY AMOUNT . 4 "11 }9( I 103 -160 80 3 '19 1 64" - 5 --L-L-L- 1 11 1 1 ILI '7 / D . yng ado1--l-A -111-IIIIIIIIII III fill sro r gill r r t I t t t r r r r r r EXPLANATION: TOTAL $ I DEPOSIT r Deposit consists of the foRowing items COIN and CURRENCY $ CHECKS,M X ETC. $ -- BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE MY PDEPO SIT DP //°dor NUMBER SASSIGNED The amount of mons}described above is for T 's receipt of above amount is approvoa Receipt of above t Is hereby eposit into the County Treasury. - ack gest Date_ r�� Ti C V 4 EXT. 2-3 Depury Caunry Auditor County Tmasurer d-34 REV.(7-93) r a 0649-9665 / 8310000: G1120740, $424,03, MS 53-90, Additional Minor Subdivision Inspection Improvement Deposit, St. Germain Construction, Inc. 4016 Medford Ct. Martinez, CA 94553 0649-9665 / 8310000: G1120734, $500, RS 2824 Record of Survey Deposit, job 0329, Wayne 0. & Shelia A. Mac Donell, 71 Donna Maria Way, Orinda, CA 94563 0649-966518310000: 61120735, $200.00, RS2823, Record of Survey Deposit job 105920x, Ronald Greenwell & Assoc, 10 South Lake Dr. #1, Antioch, CA 94509 0649-9665 / 8310000: G1120738, $1774839.00, RA1121, Road Acceptance Inspection, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 0649-3665 / 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, $38.750.00, RA1121, Performance Cash Bond, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 8198-0800: G1120739, $15,800.00, RA 1144, Performance Cash Bond, Hoffman Land Development Co, 1380 Galaxy Way, Concord, CA 94522 0682-9752 / 819200: G1121203, $650.00, SR4 Trans Permit, 6r4tp 6x4409, ADK Permit Service, Inc., 127 Camellia Way, Modesto, CA 95354- 2814 Development No: 5 70 -1 Bond: 070000622 Premium $5,333 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance, AND labor and materials) 1, OBLIGATION: Hofmann Land. Development Com an ni ci al as Principal, and Liberty Mutual Insurance Company , a corporation organized and existing under the laws of the State of Massachusetts and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, & Maintenance:il" vf y �,a talr�d l ;re7`y�'`u.o o��rs.tr � Six,l�u.Y,�rc ($ .7`?R, Ccs C)p , 1�o1 for itself or any city-assignee under the below-cited.Drainage Improvement Agreement,plus B. Labor&Materials: Ta Lla.tdr ed 1-1,',rt_4'f"•7e7kaUs id -1keee //LtAdr,-ed ($ d g for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in �"IOC s V; s 1 opt W 5 i O , as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement for completion,all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed-on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or finishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 provision of California Civil Coda § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by cowl to be taxed as costs and included in the judgement. 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. LNUC-6539 2103 1274277 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the seta 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.6':DRUMRIGHT,[ EgbRAH BAKER,,.-ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA .�.... Y.. .,.,.".. Y. Y ...„ ...........N .,_..� ... ............................... ....Y.................................... .t!Y,............s� t.d.,4........Yl.4Ytk.............. Y,YY}Yi4.........t,Yi".Ys...... i Yi.i.............Y.Np Yt.................................... each Individually If there be mdhs ttm' one named,its true acrd lawful attomoy4n fact to''.rritska ex6dute,seal,acknowie ge and deliver,for and on its behalf as surety and as Its act and:deed an 'arfc9 afi undartIkfngs,bonds retxagnlzance end other surettyy ob##ggaor#g{n:the penal sum not exceeding FIFTY MILLION AND OQAt00°"***""**"' ""�+`*•• INCH L�tiFIS:{� 50,00O;OODY00'**'• }each,and the execution of such undertakings, boixis, retog izances and other surety 00."kilpns, Mf:pursue�nce,of:these presents;.shall be as binding upon the Company as if they had been duty signed by the Preslderrt and attested by the secretary ot. Company-In their own proper persons. That this power Is made'and executed..pursuant to and by auBl fty pf ti .followirsg By-la>-::and.Authoriza-von ARTICLE Xlll-Execution of Contracts:Section 5.Surety' ndi3 and Undertak#rigi. 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-ln-fact,as may be necessary to act in behalf of the Company to make, �t execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recogn#zances and other surety obligations. Such 't3 attomeys-In-fact,subject to the limitations set forth In their respective powers of attorney,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 as binding as If signed by the president and attested by the secretary. •� Y � C By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-In-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Carnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby xs 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. 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. "W O 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 liberty Mutual Insurance Company has been affixed thereto In Plymouth Meeting,Pennsylvania this.--.2%h-__.day of Ar►ril 2003 90 LIBERTY MUTUAL INSURANCE COMPANY � O ( ,yleg CGarnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss 0 .. COUNTY OF MONTGOMERY d 'C On this Mh day of A©rii , 2003 ,before me,a Notary Public,personally carne Garnat W.Elliott to me known, and acknowledged O— that he Is an Assistant Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation;and that he executed the above Eai Power of Attorney and affixed the corporate seal of Liberty Mutual insurance Company thereto with the authority and at the direction of said corporation. w IN TESTIMONY WH unto subscribed my name arxi affixed my notarial seal at Ptymouth Meeting,Pennsylvania,on the day and year tm first above written. pAf + O''r riWimrdt 5eiu N m'a[dya�avreila in *ciW C9F F tymwdh. Sp.,M0 Y txCetsW Lbrth %bion Frwlres 8 2t 0iri y CCI 4 Marcor,a rarer a�aciacn at alarm Ter sa Pastelia,Notary Public:. CERTIFICATE xiY I,the undersigned,Assista ret8iy Of l-�rty Mutual Irtst,rMnce Company,do hereby,Balt that ttaeanglnal poW0 cif'attomey of which the foregoing Is a full,true and correct copy,is in full,fvroe and effect on tat6.d'o of.ihls ca rsficate;and#'.Gks further cam #y that'tha..c?ff#cer or official who executed the said power of aftomey Is an Asslstant�#etary specially auttinr'tzaa by tole 6a1r ran or Ste;president tri appolxr#; If -In-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 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 caged and held on the 12th day of March,1980. VOTED that the fum4lmlie or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified^, W of any power o2 attorney Issued by the company In connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEPEOF, 8yg herounto subscribed my name and affixed the corporate seal of the said company,this 25 t h day of August Davi6 M.Carey,AssWt Secretary State of California County of Contra Costa Can August 25 2003 _,before me,Myra J.Hicks personally appeared Deborah Baker ZPersonally known to me-or-C]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 W"A /her/their signature(s) on the instrument the person(s) or the AEICNkk� ' #1 entity upon behalf of which the person(s) acted, executed '` the instrument. MhI '' WITNESS my hand and ffici s L Sign e f Notary Pub is v --------------------------------------------------Optional----_----_-_---------_-_-----_-_--_-----------_--------_-_- T'hough the information below is not required by taw, 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 070000622 for Contra Costa County Document Bate: 0,8/21/03 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: ®Individual ❑Individual �] Corporate Officer Corporate Officer, Title(s): Title(s): M Partner-MLimited[]General M Partner-MLimited ElGeneral ®Attorney-in-Fact 0 Attorney-in-Fact []Trustee d Trustee F-1 Guardian or Conservator M Guardian or Conservator � ,� Other: Tc p of Thumb Htte Other: rTop bomb Hat Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company CALIFORNIA'A 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 .......... ........... ............ PAWELES 11296585 NOTARY PUBLIC-CALIFORNIA YI Contra Costa County XPkes March 9,2006 LOU Comm.f y Reference: Improvement Security Bond for Drainage 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. Dennis M. Drew, Secretary Date: 3 /2,4 b ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT AA 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 action of the Board of Directors by unan[mous written consent without a meeting. Dated: August 1, 2000 Kenneth . a n, Director Albert T. Shaw, DI or ennon, Director 4--jL— omas A. Whalen, Dennis M. Draw, Director Richard L. Greene, Director