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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-549 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 12, 2004,by the following vote: AYES; StTERVISOR5 GIOIA, UIIXEMA, GREENBERG, DESAULNIER AND GIOV4K, NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2€041 549 SUBJECT: Approval of Road Improvement Agreement for Bixler Road, RA 03-01155, Subdivision 04-08580,being developed by Hofmann Land Development Company, Byron area. (District M) The following document was presented for Board approval for Bixler Road,road acceptance file RA 03-01155(Subdivision 04-08580)property located in the Byron area,Supervisorial District III.. A Road Improvement Agreement with Hofmann Land Development Company, 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 road widening,pavement overlay, and installation of curb, sidewalk, and storm drain pipes. 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(Bs) on the date shown. Contact: Flunk Navarro(313-2264) KH rm o:\orplaata\Engsve\Boti2004\10-12-04\RA 03-01155 Bo-ISA ATTESTED; OCT ?D Q( cc: Public Works-T.Bell,Construction -0 Current Planning,Comnumity Development JOHN SWEETEN, Clerk of the Board of Supervisors and T—August 12,2005{P 1) Hofmann Land Development Company County Administrator Atm:Roberty Henry 1380 Galaxy Way Concord,CA 94520 Liberty Mutual Insurance Company Attn:Kathleen Beck By ,Deputy 1 Front Street,Ste 870 San Francisco,CA 94111 RESOLUTION NO.2004/ 549 SUBJECT: Approval of Road hnprovement Agreement for Bixler Road,RA 03-01155, Subdivision 04-08580,being developed by Hofmann Land Development Company,Byron area. (District I DATE: October 12, 2004 PAGE: 2 1. Cash Bond Performance Amount: $19,289.00 Auditor's Deposit Permit No. DP 430669 Date: September 2, 2004 Submitted by: Hofmann Land Development Company Taxpayer identification number: 68-0419482 11. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070000706 August 31,2004 Performance Amount: $1,909,611.00 Labor&Materials Amount: $964,450.00 Principal: Hofmann Land.Development Company 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. 2004/549 TR,QAD IMPROVEMENT 6UBEMENT Developer: A4 i rKa r c7,t e L'?e y • r r? c affective Date: i jam... Development: S ltb c- 6 560 t L.._4 k e!:-. 7 Completion Period: 1 year Road: 5;>c f ca Gt 1 A 1 1 5- THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA CO,"TA CO&TY3EVELC3F'ER : -la .nctr/ri �.ttV f'� :r�rP•�# Maurice M.Shiu,Public Works Director BY: — ' t � t s^ 7- RECOMMMED FQRA= L� By: Enginee ` g ices iuision (print amnc&blur) 41 FORM 6MOVED: Victor J.Westman,County Counsel (NOTE.All signatures in be ad mwledgrA If Subdivider is incorporated,sipatvres must confornt with the desigmted representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATTs.Effective on the above date,the County of Contra Costa,California,hereinafter called " oun ,"and the above-mentioned e el er,mutually promise and agree as follows concerning this development: 2. 1WRQYEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer spall-complete said-work-and improvements-(hereinafter called`work")-within the above completion period-from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings trade thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. vTf' 3NT SCURTTY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. Por ftrformance and Guarantee: S 8 ' cash,plus additional security,in the amount of 17 01? which together total one hundred percent(10011/o)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. _. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For payrnem: Security in the amount of S - ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,aad'to persons renting equipment or furnishing labor or materials to them or to the Developer,Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.446 and S94-4.408 of the Ordinance Code. 4. GUAME E AND WARBAM OF WORK Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORDeveloper agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County, and its special district, elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened 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 reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. to. �ION-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 1 l. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) _, County shall allow Developer to obtain building permits for said development,assumingit fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw G.1GrpDatalEngSvclFonnslAG WGRMAG-24.doc Rev.April 6,2000 CALIFORNIA LIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa On August 27,, 2004, 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 .................................. ...... Comm.#1296585 ei NOTAV iMIAC-CALIFORNIA N �Djn CowW tv N my comfT vvf � es M$(V41�ft,2 lV V r. L2 Signature,, Reference: Road Improvement Agreement- Bixler Road 1155 Lakes 7 Date: August 26, 2004 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 Dater f ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAND 1 lELOPMENT COMPANY BY WRITTEN CONSENT WfTHOUT A MEETING The undersigned, being all of the present directors ref 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 CEOlPresident any and all documents related to the purchase and sale of real property, any and all docur nerits related to to 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 semen 307, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 Ksnneth a n, Director Albert T. Shaw, tai car nnon, Director omas A, Whalen, Dennis M. Draw, Director Richard L. Greene, Director COUNTY OF CONTRA COSTA OFMCE CSF COUNTY ALAXTOR-CONTROLL R / f TO Ttt TREASURER: MARTINM CAUFORNLA i- CBVED FROM ORGANIZATION NUMBER " (Far Cosh Colection Procedanes we C.oixity Administrator's tluiietin 105.) DESCRIPTIONFUND/ORCx TASK C3PtK3ht ACTIVITY MOUNT i i h .' r i i } r` i r f EXKANATION: ,~ T07AL $ i C7 l+j !%>r'l � �. DEPOSIT J 031,42 Deposit consists of the fCa#Gwi g}f4'm ; C N and CURitENC:Y S + 7 + C O,CKS.METC ` C�'OSFTS $ FOR 11-CO44'ROLLER USE ONLY DEPOST PERMIT DP 3z, NUWSER � NW430 69 SSP 2,"44 The omount of motley described above is for Treasurer's receipt of oboe int is approved. Receipt of above ammn-st is.hereby deposit into the County Tmu wy. wx ocknowiedge4 Si Tit i 5ignedc L Sigiwd l�f i t..f t ' t i EXT, - - qty County Auditor Deputy County Treasurer D-34 REV.{7-93} r COUNTY OF CONTRA COSTA DEPOW-PIRINT OFRCE OF COUNTY AUDITOR-CC?NTRC:"3LtEft TC?TM TREASURER. MARMU,CAL�O W all r t,1 RECffVED FROM _ ORGANZATION NUMBERpit C * ' . .. {for Cash Cqp K%m Procedures we County Administrator's&Awlin 105.} DESCRIPTION RLm/cg G. SUB. TASK ON ACTMTY AMOUNT $ t 7 ► { t ► 91, ► ► ► ► { ► ► ► ► ► ► t ► ► EXPLANATION: TOTAL $ t DEPOSIT t Deposit consists of the following items -GO&LavdXRRENCY $ - CHECKS,M.M ETC G SANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of ma my described abam is for Tmosurees receipt of above arnount Is approved. Receipt of above amount is hweby d"into the County Treasury. f ackn—,Ieiclg Trti ,_ i EXT . C j D*Wty.Co.*y AuwW Deputy county T D-34 REV.{7-9,3r-1. �' 0682-9752 / 819200: 61139819, $300.00, Parker Ave. Underground, APN9357.111-009, David Johnson, 686 Parker Ace, Rodeo, CA 94572 0682-9752 / 819200: 61139820, $1,000.00, Parker Ave. Underground, APN9357-081-007, Sum Cheung, 364 Parker Ave., Rodeo, CA 94572 819800-08003: G1139821, $32,124.00, Sub 8827, Cash Performance Band, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819804-0800: G1139823, $19,289.00, RA1155, Cash Performance Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1139825, $39,783.00, Scab 8580, Cash Performance Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 4649-9665 / 831000: G1139813, 8.454.00, Sub 8847, Improvement Plan Review, Shupell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 1831000: G1139814, $1,550.00, MS 03-16, Minor_ Sub Map Check, Mike Caldwell, PO Box 231004, Pleasant Hill, CA 94523 0649-9665 / 831000: G1139815, $500.00, R5 2937, Record of Survey, Chaudhary & Assoc., 851 Napa Valley Corporate Way, Suite G, Napa, CA 94558-6251 0649-9665 / 831000: 6,1139816, $500.00, RS 2938, Record of Survey, Stockinger Surveys, PO Box 24, Martinez, CA 94553 0649-9665 / 831040: G1139818, $23,641.52, FCP 620-01, Cash Deposit, CA Dept of Transportation, Administratin & Disbursement Division, PO Box 942850, Sacramento, CA 94250-40031 0649-9665 / 8314003: G1139822, $148,058.00, Sub 8827, Major Sub Inspection, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 0649-9665 ! 831000: 61139826, $182,523.50, Sub 8580, Major Sub Inspection, Hofmann Land tpevelopment Co., 1380 Galaxy Way, Concord, CA 94520 Bond No.: 070000705 Development: Subd 8580, Lakes 7 Premium: $17,187.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (performance, Guarantee, and Payment) (California Government Cade §§ 66499 - 66499.10) 1. IZEct,i`bkt.op Ro"I?YIPROVEMFNT AGREFMENT: 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 Bixler Rd, RA 1155 to 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 Bevel© rnent Company as Principal and Liberty Mul a�al Insurance Co. ompay& corporation organized under the laws of the State of Massachussets 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- One Million Nine Hundred Nine Thousand Six Hundred Eleven and nof100s***** Dollars $1,909,611.00***** - ( for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Nine Hundred Six Four Thousand Four Hundred Fifty and nol100s***** Dollars($964.450,00***** ) to secure the claims to which reference is made in Title IS §§ et seq. of the Civil Code of the State of California. 3. CONDITtort: A. Thc,Con,t tion of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal',,-heirs,executors, administrators,successors or assigns, shall in all things stand to and Snide b`f at,d well and truly.keep and perform the covenants, conditions and provisions in the said agree-nnerrr a.zd any alteration thereof made as therein provided on it or its part, to be kept and pertorn.cd at the time and in the manner therein specified and in all respects according to their true i itc,nt a,.W 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 he 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. 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 gay 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 of the State of California, so as to give a right of action to thein 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. SIGNED AND SEALED: The undersigned executed this document on August 31,2004 PRINCIPAL: Hofmann Land Development Company SURETY: Liberty Mutual Insurance CornpaYn Q � Address: C'`r` ► Address: One Front Street, Suite 870 _.__ San Fra cisco, CA 94111 City: _ City: _ Print Narne: --T- ``+,Ci ..r Print e: Kathleen Beck Title: CA, Title: Attorney-in-Fact �� r:J Q:1GrgUkztaiEcrgSvcU ara a!3N WORDIJAN-9,d c 'Key'.DecemEir',4, SjF 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 Fir€, 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 BUND 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(l) 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 2/03 THiS PONVER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1579934 5 `9934 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.HOGA►N,MATTHEW J.DRUMRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA . ... ... ............................................. ............................................... .......... ........ ......... .......... ......... ......... ....... ......... ......... ...... ........ ................ each individually If there be mare than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on Its behalf as surety and as Its act and deed =and all undertakings,bonds,recognizances.and other surety oblig�aatkxtpenal In the sum not exceeding FIFTY MIL N AND 00/100***"****** ****** Ct .DOLLARS fs 6010 ,000.U0"**"' )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 duly signed bythe president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE Xll€-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 all undertakings, bonds, recognizances and other surety obligations. Such 'a attomeys-Infact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be ,y as binding as If signed by the president and attested by the secretary. ,C By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomays-in-fact: 4 7� C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, is hereby authorized to appoint such attorneys-In-fact as may be necessary to actin behalf of the Company to make,execute,seal,acknowledge and c deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. cm 317— �? 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. :%'W W IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seat of E0 CL E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of My— c m Z 2004 Q C*) Cir eC LIBERTY MUTUAL INSURANCE COMPANY m C ttt Garnet W.Elliott,Assistant Secretary0 .0 qi COMK40NWEALTH OF PENNSYLVANIA as .. COUNTY OF MONTGOMERY M L C e On this 1§1h day of ,may 2004 , before me,a Notary Public, personally came Garnet W. Elllott,to me known,and acknowledged ��S 6S 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 seat of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. y . IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year t! first above written. ONW C f, �y� ^� �� Nulariaxf feat E ZtiI Torose Fish+#a,Notary f tvtjk 4� s OF c �� eBYZ s Lmy ' F-fres Montgomery42 Memder,s a osytvrant Jassactsnan e4 owriea Ter6sa Pastella,Notary Public 0 r CERTIFICATE H 1,the undersigned,Assistan retary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing Is a ful,true and correct copy,is in full force and effect onfihe date of this certificate;and l do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII, Section 5 of the By-taws of Liberty Mutual Insurance Company: This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures undsr and by authurity of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duty called and held on the 12th day of March,1990. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, whenever 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. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 31st day of Aukust 2004 DavI6 M.Carey,AssWtCt Secretary State of California County of Contra Costa On August 31, 2044 before me,Randall Y. Cross personally appeared Kathleen Beck ZPersonally 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 signature(s) on the instrument the person(s) or the MC L Y.Com' entity upon behalf of which the person(s) acted, executed C0MffH*Wn#1464539 the instrument. "a"PMW-C Coma 'Cow*My Comm LtxJw7,'k#3 'WITNESS my hand and official seal. AL Signatu ie of Notary Public ------------------------------------------------_--Optional--------------------------------------------------- Though the information below isnot required by law,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 Subdivision Road Improvement Bond No.470004746 Document Date: 48/31/04 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity( es) claimed by Signer(s) a Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Corporate Officer Titles) Title(s): ❑Partner-❑Limited❑General ❑Partner-❑Limited❑General ❑ Attorney-in-Fact ❑Attorney-in-Fact ❑Trustee [Q Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of Thumb Here ❑Other: Top of Thumb Here Signer is Representing: Signer is Representing: Liberty Mutual Insurance Comp ny Signer's Name: ........................................................ ............................................. ............... ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of C-01CM-0— (NOTARY) On ?,i --�LaAbefore me, e-- personally appeared CA SIGNER(S) personally known tome 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. comm.# WITNESS my hand and official seal. NOTARY POSLIC-CALAFONIA Ut Contra Cost*Cottnty b MY Comm.Expires M a(C 9 2005 AT .. 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 SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR DATE OF DOCUMENT F-1 OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSON(S)OR ENTITY(IES) OF E SIGNER APA 5N9 VALLEY-SIERRA, 800-362-3369 TO: BOARD OF SUPERVISORS �. FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 12, 2004 SUBJECT: Approving the Road Improvement Agreement for Bixler Road, RA 03-01155. SPECIFIC REQUEST(S)OR.RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION($): ADOPT Resolution No. 2004/ 549 for Road Acceptance 03-01155,Subdivision 04-08580,approving the Road Improvement Agreement for Bixler Road,being developed by Hofmann Land Development Company,Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Road Acceptance 03-01155 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding frontage improvements along Subdivision 04-08580. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved and road improvements will not be completed. Continued on Attachment: SIGNATURE: _--likCOMMENDATION OF COUNTY ADMINISTRATOR l _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE S . ACTION OF BO ON CK"TY)BER 12, -9QQ . APPROVED AS RECOMMENDED xx OTHER 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 VOTE OF SUPERVISORS -XX UNANIMOUS{ABSENT NONE ) date shown AYES: NOES. ABSENT: ABSTAIN: ATTESTED:_ _ OCTOBER 12, 2004 G:\GtpDatalEngSvc\B0\2004\1D•12A4lltP.03-D1]55 Order.doc JOHN SWEETEN,Clerk of the Board of Orig.Div: Public Works(ES) Supervisors and County Administrator Contact: Frank Navarro(313-2264) cc: Public Works- T.Bell,Construction Current Planning,Community Development T—August l2,2005(P1) Hofmann Land Development Company Attn: ' 1wyBy ,Deputy Concord,CA 94520 Liberty Mutual Insurance Company Attn:Kathleen Beck I Front Street,Ste 970 San Francisco,CA 94111