HomeMy WebLinkAboutMINUTES - 03012005 - 2005 RES 102 CONTRA COSTA Co Recorder Office
Recorded at the request of: STEM L. EI Clerk-Recorder
Contra Costa County
BoaDOC— 200 —0071265
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Board of Supervisors
Return to: Wodnssday,, rM 02, 2005 09:49:27
Public Works Department FRE $0.ta0
Engineering Services Division I I t l Pd $I-" Nbr-082580867
f1ire/RS/1-3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 1,2005,by the following vote:
AYES: SUPEPNISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 102
SUBJECT: Accepting completion of private improvements (South Lakefront Loop, Fallman
Boulevard,New Melones Circle,and Yellowstone Circle)and accepting Bond Rider
for deficiencies, Subdivision 02-08577, Discovery Bay area. (District III)
The Public Works Director has notified this Board that the private improvements in
Subdivision 02.08577 have been completed as provided in the Subdivision Agreement with
Hofmann Land.Development Company,heretofore approved by this Board in conjunction With the
filing of the Subdivision Map.
KH:rrn
G:\GrpDatalEng5vc\BO\2005103-011sD 02408577 BO-45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Chris Lau(313-2293) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.68-0419492 Supervisors on the date shown.
cc: Public Works -T.Bell,Construction Div.
-M.Valdez,M&T Lab
-H.Finch,Maintenance Div. ATTESTED: MARCH 01..,. 2005
-1.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and
-K.Hoey,Engineering Svc.
-T.-9-1-05 County Administrator
Sheriff-Patrol Div.Commander
CHP,c/o Al
CSAR—Cartog 7
Hofmann Lana Development Company By ' E! + , Deputy
Attn:Bob Henry
1380 Galaxy Way
Concord,CA 94522
Liberty Mutual Insurance Company
Attn:Deborah Baker
I Front Street,Ste 870
San Francisco,CA 94111
RESOLUTION NO.2005/ 102 __
SUBJECT: Accepting completion of private improvements (South Lakefront Loop, Fallman
Boulevard,New Melones Circle,and Yellowstone Circle)and accepting Bond Rider
for deficiencies, Subdivision 02-08577, Discovery Bay area. (District III)
DATE: March 1, 2005
PAGE: 2
The Public Works Department having also notified this Board that these private
improvements have been completed with the exception of minor deficiencies, specifically the
application ofreclamite,for which a bond rider for$19,500.00,BondNo.070000635,dated January
12,2005,issued by Liberty Mutual Insurance Company,shall be held to insure satisfaction of these
outstanding deficiencies pursuant to the requirements of Section 94-4.406 of the Ordinance Code
until release by this Board.
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of March 1,2005 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BAN JSURETY
December 9, 2003 Liberty Mutual Insurance Company
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$2,124,000.00,
Bond No. 070000635 issued by the above surety be RETAINED for the six month lien guarantee
period until September 1,2005,at which time the Clerk of the Board is AUTHORIZED to release
the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the private improvements have been COMPLETED
and are NOT ACCEPTED NOR DECLARED as County Roads, at this time.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public
Works Director is AUTHORIZED to refund the $42,480.00 cash security for performance
(Auditor's Deposit Permit No. 413390, dated October 16, 2003) plus interest in accordance with
Government Code Section 53079,if appropriate,to Hofmann Land Development Company pursuant
to the requirements of the Ordinance Code.
RESOLUTION NO. 2005/102
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: March 1, 2005
SUBJECT: Accepting completion of"private improvements and accepting Bond Rider for deficiencies,
Discove Ba area.
MOO
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA`T`ION
RECOMMENDATION(Q:
ADOPT Resolution No. 2005/ 102 for Subdivision 02-08577, accepting completion of private improvements
(South Lakefront Loop, Fallman Boulevard, New Melones Circle, and Yellowstone Circle) and accepting Bond
Rider for deficiencies,for project being developed by Hofmann Land Development Company, Discovery Bay area.
(District III),
FISCAL IMPACT:
None.
BACKGROUNDIREASON(SI FOR.RECOMMENDATIONS-1:
Subdivision 02-08577 improvements have been completed as provided in the Subdivision Agreement with Hofmann
Land Development Company with the exception of deficiencies, specifically the application of reclamite.
CONSE UENCES OF NEGATIVE ACTION:
Private improvements will not be accepted as complete,with the exception of deficiencies, and the cash bond will
not be released. -
�. a j
Continued on Attachment:— SIGNATURE:
COMMEMATION OF COUNTY AD71NISTRATOR �
_RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
I+GNA
ACTION OF IBOXR16 ON MACH Q1, 2005 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS UNANIMOUS(ABSENT NONE
I hereby certify that this is a true and correct
xx 1
AYES. NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board.of Supervisors on the
date shown.
Cr:\GVDataiEngSvc\Boa0t}5\03.01\SD 02-08577 BO.45.dac
Originator: Public Warks(ES)
Contact,Chris Lau(313-2293)
LD,68-0419482MARCH 01, 2005
cc: Public Works T.Bell,Construction Div. ATTESTED:
M.Valdez,M&T Lab JOHN SWEETEN, Clerk of the Board of
H.Finch,Maintenance Div.
1.Bergeron,Mapping Div. Supervisors and.County Administrator
K.Hoey,Engineering Svc.
T.—9-1-05
Sheriff Patrol Div.Consnander
CHP,c/o Al
CSAA—Cartog By_ _,Deputy
Ho&nann Land Development Company
Attn:Bob Henry
1380 Galaxy way
Concord,CA 94522
Liberty Mutual Insurance Company
Attn:Deborah Baker
1 Front Street Ste 870
San Francisco,CA 94111
L ber Interchange Corporate Center
'OB
Cl�:[[ CreS� 4t0 Plymouth Road,st►lte 400
tmiPlymouth Meeting,PA.19462-1644
Memhcr of Li6rm Muww Qmw Ph.(610)832.8240
CHANGE RIDER
To be attached to and form a part of surety bond number 070000635 , dated the 10th
day of October , 2004 ,Issued by Liberty Mutual Insurance Company,a Massachusetts
mutual insurance company,as surety(the"Surety"),on behalf of Hofmann Land Development Company
as principal(the"Principal"),
in favor of County of Contra Costa
as obliges,(the"Obligee").
The Principal and the Surety hereby consent to changing the attached bond as follows:
Item 2, Obligation,A. Performance and Guarantee is reduced to Nineteen Thousand Five Hundred and no/100s*
Dollars($19,500*)
This change is effective the 12th day of January 20 05 The attached bond
shall be subject to all of its terms,conditions and limitations except as herein modified.
IN WITNESS WHEREOF, said Principal and Surety have caused these presents to be duly signed and
sealed this 12th day of January 20 05
WITNESS/ATTEST Hofmann Land Development Company
(Princfpal}
r
0Y: Seal
Name:
By: (Seat)
Title:
LIBERTY MUTU INSURANCE COMPANY
is rety)
ACCEPTED:
Kathleeh Beck Attorney.( act
Coun o ntra Costa
(obligee)
Sy: (Seal)
Name:
Title:
Date:
!MtC•300o Rev.12102
Liberty Mutual Surety Bond Number 070000635
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 Mutual
Surety (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PANT 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.
LMIC-6539 11/15/44
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND,
1580053
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. f
LIBERTY MUTUAL INSURANCE COMPANY s
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
i
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 fay-law and Authorization hereinafter set forth,does hereby name,constitute and appoint }
JAMES C.JENKINS,WCHAEL G.HOGAN,MATTHEWJ.DRUMRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL OFTHE
CITY OF CONCORD,STATE OF CALIFORNIA .. ............................. ......... ......... ......... ................................................
.........su................... ........• ........ .......w ........ ........ ......... ...... ........, ........ ....... .................... ........................
each Individually If there be more than one named,its true and lawful attomsyAn-fact to make,execute,seal,acknowledge and deliver,for and on its
behalf as surety and as its act and dead,any and all undertakings,bonds, recognizances and other surety obligations In the penal sum not exceeding
FIFTY MILLION AND 001100"" "" 00Q.00""*«.
DOLLARS{ 5(1;000, )each,and the ;
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as If they had been duty signed by the president and attested by the secretary of the Company in their own proper persons.
i
That this power is made and executed pursuant to and by authority of the following By-taw and Authorization }
ARTICLE XI tl-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, seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other surety obligations. Such 'C
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 0)
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be w
as binding as If signed by the president and attested by the secretary.
'N
JV By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
C
L Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elitott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and j
deliver as surety any and all undertakings,bonds,recognizances and other surety obligations, b i
I.. ;
0 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 C E.
r Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsyivania this 16th day of July
! 2o0a
c
L LIBERTY MUTUAL INSURANCE COMPANY
40 C
02 rf ,v�1� By �/.. 0.E
W >1ao«� Garnet W.Elliott,Assistant Secretary ►
0 ,. COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY v 6;
COn this 16th day of ,July 2004 ,before me,a Notary Public, personally came Gamet W.Elliott,to me known, and acknowledged0.
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 ;a €
Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. €
12 ` P >
IN TESTIMONY Wil unto subscribed my name and affixed my notarial seat at Plymouth Meeting,Pennsylvania,on the day and year at
' first above written. e�`° ' ,d
i C r , �aivar xi Sea '�1t ET
Ter a f aslulta NWary r t&b jJ L`N
jT
O Plym uth Twp PAuntgc rtee y Cu my By O 00
Z
<J Ns{Gvrrra»ssiaur Ev�xrea Nor ...Lt323',i.
Member, t r,nsytvnnia Asccc afire rat fetor cs Ter sa Pastelfa,Notary Public L1 r
CERTIFICATE 0�
1,the undersigned,Assistan ecretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing l
is a full,true and correct copy,is in full force and effect on the date of this certificate;and i do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specialty authorized by the chairman or the president to.appoint attomeys-In-fact as provided in Article
XIII,Section 5 of the fay-laws of Liberty Mutual insurance Company: I
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 facsimile 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 same force and effect as though manually affixed.
i
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 12th day of
January Jnr~
.J B1
R;... Davi M.Carey,Ass' t Secretary
State of California
County of Contra Costa
On January 12, 2005 ,before me, Randall Y. Cross personally appeared Kathleen Beck
[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 ('res) and that by his
/her/their signature(s)on the instrument the person(s)or the
entity upon behalf of which the person(s) acted, executed
,r�•+ " the instrument.
��Li.CVM 39
Cc c°rt ' WITNESS my hand and official seal,
oolr+o to caurnv
Jon2o.21
QT�Z� ""�""
� J
Signa e of Notary Public
---------------------------------------------------Option al-----------------------------------------------------------
Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of attached Document
Title or Type of Document: Hofmann Land Development Rider Bond No. 0700000635 for County of
Contra Costa
Document Date: /II 2/05 Number of Pages: 1
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer's Name:
[] Individual ( Individual
[ Corporate Officer Corporate Officer
Title(s): Title(s):
Partner-ElLirnited ®General []Partner-[]Limited ®General
Z Attorney-in-Fact ❑ Attorney-in-Fact
[� Trustee ❑ Trustee
ca
uardian or Conservator (� Guardianr Conservator
Other : _ 'fop of Thumb Here �Other: Top of Thumb Here•,.
t
Signer is Representing: Signer is Representing:
Liberty Mutual Insurance Company
I
Signer's Name:
ALL-PURPOSE ACKNOWLEDGEMENT
Stag of California
5S.
County of Contra Cosh
On January 17, 2005 before me, D. Panteles
(DATE.) f Nf3TARY)
personally appeared A.T. Shaw
SiGNMS)
+!'i 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/her/their
PANTnas signatures(s) on the instrument the person(s),
Comm.#1296585
( latmy
NOTARY PUBUC•CAUFORNiA � or the entity upon behalf of which the
Cantre Cotta Comy
Cam,Ez,z�,os Matst 8,2tI05
person(s) acted, executed the instrument.
WITLESS my hand and official seal.
r
'-"'•^"�"' NCSrAR NA'Ft7R6 ...
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgement to an unauthorized document.
CAPACITY CLAIMED BY SICKER (PRINCIPAL) DESCRIPTION OF ATTACKED DOCUMENT
0 INDIVIDUAL
CORPORATE OFFICER Change Rider
President TITLE OR TYPE OF DOCUMENT
TFTLEt S)
PARTNERS)
[� ATTORNEY-IN-FACT NUMBER OF PAGES
L TRUSTEE(S) January 12, 2005
Q GUARDIAN/CONSERVATOR DATE OF DOCUMENT
OTHER;
Subdivision 8570
OTHER
SIC.xtti}EI2 IS REI'RI:SEN'I'1]VG: RIGHT"f'I-IUMBPTtIN`C �
NAME OF PERSOMS)OR ENTITY0ES)
OF
SIGNER
3�
240
3
APA 5/99 VALILEYSTERRA, 800-362-3369
ACTION BY THE BOARD OF DIRECTORS OF
HOFMANN LAND DEVELOPMENT COMPANY
BY WRITTEN CONSENT WITHOUT A 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 tape 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 band agreements.
This consent is executed pursuant to section 307, subdivision (b) of the
California Corporations Code, which authorizes the taking of action of the Beard of
Directors by unanimous written consent without a meeting.
Dated: August 1, 2000
Kenneth . a n, Director
d2A Z..
1 y
Albert T. She bi ctor
ennon, Director
;=omasA, len. DI
Dennis M. Draw, Director
Richard L. Greene, director