Loading...
HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-557 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 12,2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 557 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08827, being developed by Hofmann Land Development Company,Byron area. (District M) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8827,property located in the Byron area,Supervisorial District IIT., said map having been certified by the proper officials. R. Subdivision Agreement A subdivision agreement with Hofmann Land Development Company, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements 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 warp(ES) on the date shown. Contact: Frank Navarro(313-2264) KHmn G:\GtpData\EngSve\80\2004\10.12-04\SD 04-08827 B0-21.doc cc: Public works—T.Bell,Construction Current Planning,Corrununity Developtnent ATTESTED: } T-August 12,2005 JOHN SWEETEN,Clerk of the Board of Supervisors and I.lafm no Land Development Conpany Atm:Robert Henry County Administrator 1380 Galaxy Way Concord,CA 44520 Liberty Mutual Insurance Company Atm:Kathleen Beek I Front Street,Ste,870 By ,Deputy San Francisco,CA 94111 Liberty Mutual insurance Company< Atm:Matthew S.Dturntight I From Street San Francisco,CA 94111 RESOLUTION NO.2004/ 557 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08827, being developed by Hofmann Land Development Company,Byron area. (District DATE: October 12, 2004 PAGE: 2 A. Cash Band Performance amount: $32,124.00 Auditor's Deposit Permit No. 430669 bate: September 2, 2004 Submitted by: Hofmann Land Development Company Tax ID Number: 68-0419482 B. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number: 070000704 Date: August 31, 2004 Performance Amount: $3,180,276.00 Labor&Materials Amount: $1,606,200.00 Principal: Hofmann Land Development Company III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said reap and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $355,000.00, with security guaranteeing payment of said tax lien as follows: * Tax Surety Bond Company: Liberty Mutual Insurance Company Bond Number: 070000707 Date: September 1, 2004 Amount: $355,000.00 Principal: Hofmann Land Development Company NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/557 SUBDIVISION AGREEMENT (Gov.Cade,§§66462 and 66463) Subdivision: 8 9 Z7 L '•�t kta S ca _ Effective Date Subdivider f^{v' -a-o^ L ct,h cl L fir?vt 10 Ea tftt-A� G 1>, Completion Perlod THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO CONTRA CC,QS'FA COt. M SUBDIVI R Maudce; .Shlu,Public Works 19k+ac W t Rw mzi PrintNams A 7. R NOED FOR APPR Ate !_ "f 41.1, Pdnt't19ee By: ,,L+y,, Print Name Efigineftnng Services U Print Title FORM APPROVED: S1Mano t3:Marcheal,county Counsel A#a�tltule must be adsna»! ed.if Sttbdlvldet is tncorpruatad the dxrniract utast tre signed by two af6Cars The ilrsf sigrhature must be that of the#raimreah of flhe board,preak#'ant or ince presided ate se rid signataue rs�st be fat of Etre aanisfantsecretary,chief finandal officer,or asaafant treasurer.{Civ:cods,§f f90arxi Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT Stare of California } as. Caurstyof { OY\sr�-L;t., ,�,.e��4CCc',-. ) On the date~below,before me,the unden0gaed Notary Public,personally.appeared fare person(s)signing above for � ; t. personally known tD me{ )to be the perw*whose names)Is^suWcribed to ihe whhln lnetrumerA andadmowtedged to me that heli executed the same in hWW*autitorixe t capacity and that by ihb*A*s1gnatum%on the fnstr ument the personK or the entity upon behaff of which the peramo acted, executed the instrument WITNESS my hand and omdai seed Bated: PANMES tsram. f 2$6595 X ry Public ##3TkAY PIfBi#C-i;ALtbfltiN#A (Notary SeaD Conus Costs county NAMY.comm.Es9im-MIrgh B, 1. PARTIES MATE.Effective on the above dataAhe County of ContreCosts,California,(hamineW*County")and fheslsav #zienfianad Subdivulerrnutually promise and agree as follows concerning this Subdivision: 2. 1MPROVEM EIfM,Subtfivider agrees to trrstaN certain road Improvements(both publicsnd private),dt agelmprr ammtis,stns,stmt Opts,fps hydrants,lair sA"and such other Improvements f irncimfifng appurtenant equipment)as required In hprovement pians for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as"Red the Cord lions of Approval for this Subdivision,and in dxrnfamsarrrxe with die Cousin Costa County Ordinenc a Code,including hriure amendments thereto (heminallar"Ordinance Cade'). Subdividerstd=nplets said improvements(hereinafter°WoW)wfthin the above complationparlod'fromdate hereof,asrequired by the California SSubbdirmloh Map Act(Gov. Code,§§"0 at seq.)Ina good workmanlike marine#;in accordance with acoapted construction practices and kr a manse equal or superior to the requirements of the Otdinance Code and rulings made thereunder,and where there is a oonflict among the improvement plans,the Conditions ofApproval and the Ordinance Code,the stricter requirements shag govern. 3. JWBOVEMENTS SECURITI'. Upon executing this Agreement,the Subdivider shag,pursuant to Gov.Cade§86499 and fire County Ordinance Code,provide as security tD ft county: A. P d Guarantee;$ 32 12`�-"aish,plus additkrnatseaudty,in the amount of9ulrk�7�+,� h together total one hundred percent(100%)of the es5mated cost of the Mork, Such additional seecurity,is presented In the form of: Cash,ce#tlfled check or cashises check. X Acceptable corporal surety bond. Acceptable irrevocable kyW of credit With this sec y,SubdNiderquariantew performance underthisAgmement and maintenance of thaWork forone yearaftrits comploWn and acceptance against any detective workmanship or materials or any unsatisfactory performance. S. For Payment Security in the amount:$ Cr y d._t%hei is fifty percent(500%)of the mated cost of the Wank.Such security is presented in the form of. Cash,certified check,or cashier's check Acceptabie corporate surety bond. Form Approved by County Counsel Aco"ble irrevocable tetter of credit (Rev.91031 Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to Its subcontractors and to persons renting equipment or furnishing tabor or materials to item or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider;the amounts held as security may be reduced in accordance with Sections 944.406 and 944.408 of the Ordinance Code, 4. GUARANTEE AND WARRANTY OF WORK. Subd ivviderguarantees that the Work shall be free from defects in material orworkmanship and shelf perform satisfactorily for a period of one(1)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. Subdivideragrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvernents for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK:Subdivider agrees to perform plant establishment work for landscaping installed underthis Agreement Said plant esWbiishmarit work shag consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work deleimined by the Public Works Department to be neomary to an sure establishment of planks. Said plant establishment work shag be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement pians for the Work arc adequate lo accomplish the Work as promised in Section 2 and as required by the Conditions ofApprovalforthe Subdivision. If,atany time before the Board of Supervisors accepts the Work as complete or during theme yearouarardee,period.said improvement plans prove to be inadequate in any respect,Subdivider 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 the Work andfor materials or statement by any officer,agent or employee of the County indisxtng the Work or any prattheraof 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 Subdivider of its obligation to ful ilia his Agreement as prescribed;nor shag the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. iNDEMNITY. Subdivider shag defend,hold harmless and indemndythe indemnitees from the liabilities as defined in this section: A. The indemnlees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The ff W tuet 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,deadr,property damage,inverse Condemnation,or any combination of these,and regardless of whether or not such liatift claim or damage was unforeseeable at arty time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of anysult(s),acbon(4 or other proceeding(s)concerning said liabilities and claims. C. The actors causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable th Subdivider,contactor,subcontrackrr,or any officer,agent,or employee of one or more of them. D. NonCandgions The promise and agreementin thissection are notoDnriftioned ordependent an whetherornot arryinderrinitee has prepared,supplied,or approved any plan(s)or specification(s)in connectlon with this Work or Subdivision,or has insurance or other Indemnification Covering any of these grafters,or that Use afteged damage resulted party from any MVM or willful misconduct of any indemnhae. 9. COSTS.Subdivider shat pay,when due,all the costs of the Work,including but not dmifed to toe casts of jejocetions of 41allng ulfi tee required thereby,inspections;material checks and tests;and other costs Incurred by County staff arisng fromorrefated to the Work,and pdorlo ac ceptanceof the Work complete orexpkation of arty applicable warranty periods, whichever is tater. 10. SURVEYS.Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. it. NON-PERFORMANCE AND COSTS. If Subdivider fags to complete the Work within the time specified in this Agreement and subsequent extensions,or fags to maintain the Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay all Costs and charges Insured by County(including,but not limited to,engineering,Inspection,surveys,contract,overheW,etc.)irhmediateiy upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs Incurred by Counly,even#Subdivider subsequently completes the Work Should County sue to compel performance under this Agreement or tore=ercosts incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation incurred by County in connection therewith,even N Subdivider subsequently proceeds to Comte the Worts 12. iNCORPORLTIONIANNEXATIQN. If,before the Board of Supervisors accepts the Work as complete,the Subdivision Is Included in tiefffloryincorporatedasa city or is annexed to an existing city,except as provided In this paragraph,County's rights underthis Agreement and/or any deposlL bond,of letter of coreddsecuring said rightssnal be transferred to the new or annexing city.Such city shag have all the rights of a third party beneficiary against Subdivider,who shag fulfil all the terms of this Agreement as though Subdivider had contracted with the coy originally,The provisions of paragraph 8(indemnity)shad continue to apply In favor of the indemnitaes listed is paragraph B.A.upon any such Incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shag allow Subdivider to file and record the fine]map or parcel map for said Subdivision. 14. RIGHT OF LtOY,Subdivider hereby consents to entry onto the Subdivision,property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement pians,by County and its forces,including Contractors,forthe purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel [Rev.9103] H:1FfnaAPMLW-SubA9mt.9.03.wpd Page 2 of 2 ... �{n... ....: .....�. ... ;rr?;+ i ;;,+.n+++5•.+4.{t4'Y.4l:F 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 �'` b ACTION GY THE "BOARD OF DIRECTORS OF HOFMANN LAID DEVELOPMENT COMPANY BY VVRITTEN CONSENT WITHOUT A MEETING The undersigned, tieing all of the present diream 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 authorizedcapacity 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 seotion 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, 2060 Kenneth .AcI a n, Dkettor Albert T. Shaw, Di oer etnnon, Director 07omas7A, Whalen, Dennis M. Drew, Director Richard L. Greene, Director y r " pms g - 9 � * a all831XIS ` rye z z go wit r m VD � � �yq� ��.[J� ]✓ q �j pZ,� � N Exx LU Lq S SLL O MM� ~+�p� L N 9 1 W w � =N3Gi �ZSi.}r . as< s WN ga ZqULL �~ m .............................. ................ 49 all A lig A 1 19 j ae 00 qq 02 11-Ig !!!Xg! §43_R12 - 9 wN ll I tot C4 wel � ` o la � oc •�.�' L7 ova r�. �� � � � � � �� � � ,5•�o�«t«i°�3 � �� � �5i 00i 1KlYE It lf,00-»8 � �s rnr�a.°'r M:v��'i�!+-�+�Fd rra��'•��2v.� t2 +� � � [K C1 z z ' U; t1i3t711!#SION 1 21 # ccG� a !# ,sIt 'y ti ' 00 °'co ro 0 tn UM Cid N N. ZO'948Z it,ua,ta � O(GlAidons 133 12 �. S9N#?tb38 dE1$IS4'8 a ov osseNO muse a ( w } U)sosysz Z,>z.eo.sox VM,'Sl 31 of ossa XMISInroens aid Qv0}1v aTnmwwma OMN30M 3n,s n� r a ~�c � r� 1"311 + � � �99� y�' C �vm C ;+21 0 00 033311 z rg lt � 1 ll�� H 2++:r��•• l�' -�.. '1�.,-•�„C r {y �yy yy��_yy � ♦N y��}� :Y J J J 1 J J �y�y[$�rpy }�Olin G Z'Qxpj S pS'g YtY ht N�N 1 1 S J.93HS BS5 Ig sags ca ! c-.y v ja 3.00,Oy.LON � �z_-Z ON c b 50'yit3.05LQFON A0'0f13,6y,S5LON fF'L� Zz a y .eC " ru� .f[•ZL FF'L N0123'#5'W105.78'(R) V,z NOW41'0ew 111.53'(R} W H 9 s cd �".. {a);FL'10{3.Oy,50.90N w » � o N,,�47y�W... f... 0.;�o\Srhyd��p1. Zy I.7. f.D H 1y _ o rlr�n_.o tC_....F. u co zv. m W per+ f73 r 1 N ✓y O � ac � �C� a' °�' m ^ x "'� `�1 �`''g9d��8ao�`. �J�` •�� ( F;:[i � � �_fir.. H � u`0 4l .epi OS'• •�� � $ u �� r���d\ �2J d e � ^^i• v F£'LJ # v �fSJ 41J 49 ! srs\e �•/ `•\ aw.�\ 5F'Lt.9FZZ in \\ F N r Z Z ( �r 'Ftmp-\,,,.,�pF�31 VA ZI — s N .65a�$�y yl`J= k 7 5 r 1£m y`-- _ (w-w)Le ae 3.fz.tatoN i iry-w)st 55z a.tiz--hr-� FA'£t13 tZ 10.l0N oese NOIGIMens m 3 73088,4 a: 9NIN301M OY02!lII1JC18,Lh avos U311XV9 (i),SO'949z 3,4Z;tiLION Yi Ys ? N t ;z r- ti pq 52� r7-k .. 3 °" /moo MM O A-bil, _ `-� 0 � Sy WI M Must I I .pC tl5 v t est A + 1 _ 0 C, r #t Ts V S 4S Ci s E—I i RUE mlllu 7y Qbi RA; 9 133H5 33S y ` { ,9l'$ti 3,OS,LO.£ON ,98'0Zk 3,0S,t0.£ON ,£Z'ZZS 3.65,00,lON t 1 1 yf e'zz.6 2114 j y ££L ta73.tt9-TON y Y 9i'LFt 3,0S,Ld£DN ,90'iZk 3«OS;i L£0N n ££'0Zi3OSCO£0N ou t 3fid,5Ll tl 3,u.£>.s0N of y y zl'Sil 3,0S,L0£ON 4 dL'6M 3,OS,dO£ON 1 ./slal a.vS.$£.90Nth o x ,££2Z LO l Gi p +LSI" .60£t.3.0S,1Q£ON ,#£'9kl 3.OS,ZOSON BL$!t 3.i4,$SLON j < 1 1 f{ i Ti L y CU� y 5O"lt!3,0S,d0£0N3.OSd0.£ON tS'9i!3,i>,6S.CON {, th l �' tg t9 I i tcuU '� t�u� � +tom , u� la � £0'60k 3,0St0£ONu 3osCOfON o $z'£!l3,�ssLnNn+s ix Ll Ll ,UO•LOk 3«0S,L0.£0N � .S$'iil?,05,C0.£ON c r C 3 OO.Oi:dOtt ! i ._1- ;{ y v 3.33HS 335 � 1 E.S Nsir y � >+n kyN_. D yy � h } 00 � So 9 HNH II H Uk trs S 4 C] MJ t � t !12 Rd1tE .Z1.3Y.00-=8 1'S �u �t c x M?kp gess # de cit ) I 1 / � �. �'.sr -�, '�°�, 1 .an•sYt 3,t0,1a.a0N '— .._ x153 {L)£S2Yl3.MMION 1 i ,Bt`zlt3.$Y,faCON �:bp i.n / 't9 1 1 " CL °�! rqj oa# t{ 1 N .BZ,S►tkN ,f£'zZ fif'L a cv 14rSS'81k 3.OSLafON pg La I L>m ,i£.OZ tON a g !g M vt 1 1 J . ° n " t>S B6'izi 3.OS10.fON is q{{ � Vf i fn 1 CSS J I # i et'stt 3.OStaft#i {tet) I I tt' '# AWOZl3.0s,tafoN ins L. St'M 3.es,0ai0N i ig J k 0) cc # _0 1 N a Til I ° COP) u� c> +# C ul 1 � u S3 t t 0 00 • zi t !2, la to ew i rva c+ PARCEL C SUBDIV151DN 8530 �-'y--- {Mt-IY).£4'L;•t 3.tt3.tt ON C1 9£'Sot 3.SS.0010N (43«00,SSM In 1 04'011 3.69006ION .Sz'S0t 3,.6SdXliON ids }}} �a,. ;� Arm 3.fiS.(#Eati3N m i 5 SZ`SOt 3„65,00 tON ,SZ303 3,69,003ON S co 5Z'S0t 3.6S.oftoao R'901Ch tk "SOt 3,65,00.10N . I m� 1 tg > e; (dU) a la' ,0,9013.9,MION 3f1.S l SZ'SQ[3,6;.MiON p� ££'C .££'ZZ co I L!7 m 1 ; LO W_N O CI w n�� ��� 1 ,I✓,/�+� d LF.J jg00 12 yea i gig w �itfE ,ti•ifpp-�g +S W, HER% eF1 �lG` mm4 NOWw� _ Ln I sz*SM 3.64.Dfl mco m m ss'Gr.ss-zt ae #� wk to 3.SZ,6p,CON ��).9P'fCyi 3,0 84i� _" rl x CT} ous n r rotf W }jt ro e m a � t� {�1.64'fOt 3„04".00.9ry43 a 90i�3.it.GI.SGN '� �� ct r.E..j .stsot 3 fftiu) chis JAY` , .6S1flN .14N g ,a,m th £F'tt w5 St•SgtSaul N{ tt "KZON b.IHS 33Sta),sz'so� { {p A h < � M1 C14 Yrm 00 A Is • �� � o00 � y w =-ET20 00 ME Go its Y rilk Lr)_ f tr-o,£rzt stet3t+,SQ,,)n � " •n g (arta SOi 3,Lei'tajrr'� t w 4.9£daN 1!!! 'p rd F 125th (a),09'taln 24 6&90Nit � n sv (a O'SOl 1.6Lo t,t0,gfjN ,•r `�I `v r 1�:tri'. iypy tp �y, (Qppyp $�py[�Sp gyp Yp fg� �Tp1 (` CO +r f (act) 3n.S » x u CA v Ys1(�� INIfY d fyp 7 (a)9Z'901 3,Z£,it.rON 5 e ;z 9 Di itc P iS m 3n,s m � s {ce{wVVy� Psi Cl itl` �S S S S i N 61 S (�11'5013.t£,ZLtaN -, � C e� m Yi ££'ZZ (a)SZ'5Oi 310 90.1aN t y q y }„t, F 60 �� — '0 M e5 OLS eY +h', { L�, �i U fS Y~J V fJ U V ijj U .1 Sz'SOt 3XI10.tON e a i3t S.$ .SZ'SOt a.4tJOAON . ro i..s .5Z'SOt 3.tt.tatON ,Sz.wl 3.tz,10.tON—4 th S£'Ll,9r'at 00`.G'- til CO t1 WN'to 3.tZ.LlWN { l6'9Q 3.tZ,WGN (i.j,Z9'£tC 34l;l0.tON (W-K99'M lRJOAON GMVL "AIM= j�,� IOi N-iE t � 31YAlllddOdj.j,�()'�;��jV j, -SCK j yr�bi+LllQ — £9£tZ-3 M0.EON #— 30M,Lt Bt fl 15t ( 1N 30 ) OLS9 NO IOHnS'tf3d OM NOSWOOnS HM OWN3GR OVON MIMS 1Nvmy3 mama NoltYA3l3.9t 3U-X3 sa'9t9a 332,sa.toN �s x a m j Cl m t } Cot HUI i 1RtiE Zt,34.Op^^•8 00 VI 1113RHS gas T'- ! n x ,.„tr_ 3.ao,zz,9oN `1 ta),6r•�t '� (2f?.OS'Do'3. 6's"O" LD (4f).po"90t got ,C1t a as bs 3 {!N rr u £kt),09DDI Ln t t � ` +t y'�n {. j Y SC L3 Std( k ar,' 41`wM. 00 C^3 n ' � a ^u^i w p £Fl76{`Spt 3»60,SS,ZpN G57 t p ei m £�1),OS'ppl 3 CZ.StSON_° C _..ag m w� a his a (+lJ:}.op $t � +d u Cit a Iii r'" Lco O €k'ZL Ci"1 'S F�yt v �a ttLt1)M r m 1 {tt)bBSpt 3,ZfAION Z,razz 3i1 co c3 J* ,00'9013.rl,lAWN . $fie £N16b"ppl 3.tZCUON O +�# ,06'903 ,lAkpN <2.i , pp'90i 3•tiZ,tp tON »r� Cp R"Nag »rte pS`pOk 3„bZ,lAipN UJ s e cv 2 YTj i ~ r.e tt; 0 00'903 MON 00'904 3.trZ�iAkf}N OS'Opt 11 3.bZ,tOtpN s co 1 22.36'1173S t ry S€'4 ,9£'tZa, a t1M-!4),9l'SSZ 3,*zlloADN .F"IM 3.b,tttitON �tM-tl),99'BbZ 3 bZ kitkpN m '96 ,00'94 3„bZ,MWN .�. ,,M6 _ ZB'96 +f3NPJfM”4N{kpp 14N-OVU 3LYA1t d-t+i} ,r9'ZZt 3»iZ,335tflN •~ _ (DIVL.rct 3.b7,m— dflfY!3�1-111 r lwdot4 CIS ' WGIA(Genb " tj w dag-vi— - to�3sgYd}9p z69 - —- t; £4),o4'rszt �.6Z.taioa f { � 7 �£ot It I.* o4S9 N06NW9t3Sy3d JN3M3SY3')11 600 NOItYA3i3 91 3w4t-. »r GVO) fgjxjQ 0959 NOLSw {35 Had 3ft5'X3 i f , U t m a 0 0 ri a� W s � Ins ig zt,3300-•=s a -.Y2 � ^ .p Yb „may w 2I 133M 39S 6 � ,a ,tNS'901 3,85.00.taN � J .4S'f�tt 3;.55.{�.d{3N it :.� j!,2 {,y},py`5pt 3.9£,t£.zON inn ac "� `° �+; (a},sr'sot 3.6tXZON {y}.z5a0t 3.9b;9t>0N Q +r + n Tw I W rt fejt ' C�9aagt ago g m' ro - � R � ��, �1 GJm wj 7��. .? �'�{ Nit yg�¢ v I l�.s M� �r�i a--• J y {M)b9 p .gt9S�Ohtj� id).ttlol3.8i'stioNo�if N.tf'Wt 3.90,84tC3N c ` {b3,5t'90t 3.zs,t ON (a).Z9•902 3.05,ec:-N # M 10,00, t�5 3 5z,atz50N T'- I L � = u' IMS C-4� C-in ca I OQ t AQ40N 00'SpF 3.1►, ££ti,£rz 2fi, 3 cc � tri CJ �$ N w. $ bt Tl I ms's `� F3 � I oc -104 p i»� � 3A - � Do' x:= ins 7 C7. M + .l$ ON ,00'50:3.0t, ra" ,0s'OtFt 3,i►,a�;tON tatcc {d4f)�I 3 et.6�ZJUit .00'S0t 3,»<�LDN 40,4� t�� ASDOt 3 yyii5x � �'r 0a � 3as 5a3}Sy..SON A0'9pt 3.'y't.9ONr .OS'002 3,rt.65,1 {� ON 1 SON l�}.ac Sat a.0£. r x ' .' {2!}.05'D03 3,Zi<641ON t CCC) m YF.503{ u' I OI,La i c.Lk"1Y(otLUNIXAcU to .. OFFICE OF COUNTY AUDITOR-CC3NTROL# t TO Ttt TREASURER: MARTINEZ,CALIFORNIA, RECEIVED FROM yam/ ORGANIZATION NUMBER Cash.C4 action Procedures we Coutty Administrator's Bulletin 105.) DESCRIPTION RAIPORG A TASK OPTION ACTMTY AMOUNT t t 9q--31 VEV V,56009-:5 t dr { t r j', t2 t J ry 'K. t t 17 r7, EXPLANATION: TOTAL / " lI-t7// u'` = DEPOSIT '..�� r r Deposif cansu is of flee fogoonng items t �r t/ t` f 7 C? and CURRENCY �i—„-� �r 7�/ f T I f3E M-a ETC. _ s' t osff`$ $ —' FOR AUDITOR-CC)NTROUER USE ONLY vt DEPOSIT PERMIT NUMBER DATE S.E/P_ 2`i+ :Q ASSIC,NECte����+ The amount of marxey described abate is for Treasurer's receipt of /wtis approved. Receipt of above amount is hereby deposit into the County Treasury � , acknowledged. —T:- ' t f L/ EXT < . Deputy County Auditor Deputy County Tnsasurer 7-3d REY.17.93) i K .. .... ......... DIEPOSIT;PERMT OFfleE OF COUNTY AUDITOR-CC?NTR Ua MAMEZ'pCL�?J��Her T REASURERa � RECEIVED FROM • int .► C7>ZGANIZATION I�3r�SER �� p, 1 . (For Cash C4Uc6on Procedural see Courdy Admirdsfrator's Bulletin T O5.) DESCRIPTIONHJtO/C TASK OPTION AcTmTY AMOUNT 7 if L) t14122 i ..r i t i t i t i i 1 J t t i 1 1 i t t i 1 i. i EXPLANATIO". 1 TOTAL + t DEPOSIT i Deposit consists of the foilowin items `C0& =d,Q-t1RRENCY $ CHECKS.M.c:.ET BANK DEPOSITS $ FOR AUDITOR-CCKV TROLL ER USE ONLY DEPOSIT PERMIT NUM ER DATE ASSIGNED The amount adepos of manrsy described asury. is for Treasurer`s rec*t of obave amowit is appwved, Rc�reipt of abo"amount is hereby deposit into Gwnty Treosu ackr owWged. t Sign '. tLl EXT. D"ty_County Aum Sigswed. Deputy Courrt�+Tl- ,1 0682-9752 / 819200: G1139819, $300.00, Parker Ave. Underground, APN9357-111-009, David Johnson, 686 Parker Ace, Rodeo, CA 94572 0682-9752 1 819200: 61139820, $1,000.00, Parker Ave. Underground, APN9357-081.007, Sum Cheung, 364 Parker Ave., Rodeo, CA 94572 819800-0800: G1139821, $32,124.00, Sub 8827, Cash Performance Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 8198001-0840: 61139823, $19.289,00, RA1155, Cash Performance Bond, Hofmann Land 'Development Co., 13803 Galaxy Way, Concord, CA 94520 819800-0840: G1139825, $39,783.00, Sub 8580, Cash Performance Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 0649-9665 1 831000: G1139813, 18,454.00, Sub 8847, Improvement Plan Review, Shapel'l Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: 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, RS 2937, Record of Survey, Chaudhary & Assoc., 851 Napa Valley Corporate Way, Suite G, Napa, CA 94558-6251 0649-9665 1831000: G1139816, $500.03►0, RS 2938, Record of Survey, Stockinger Surveys, PC Box 24, Martinez, CA 94553 0649-9665 / 831000: G1139818, $23.641.52, PCP 620-01, Cash Deposit, CA Dept of Transportation, Administratin & Disbursement Division, PC Box 942850, Sacramento, CA 94250-0001 0649.9665 / 8310300: G1139822, $148,058.00, Sub 8827, Magor Sub Inspection, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 0649-9665 1 831000: G1139826, $182,523.50, Sub 8580, Major Sub Inspection, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 Subdivision: 8827, Lakes 8 Bond: No.: 070000704 Premium$28,622.00 IMPROVEMENT SECURITY BOND FOR SUBDMSION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499- 66499.10) 1. R Ec-ff kL OF SUBDIV IsiON AGREXMENT.— The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8827 .as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION.- Hofmann Land Development Company as principal and Liberty Mutual Insurance Company acorporation organized and existing 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 and Guarantee: Three Million One Hundred Eighty Thousand Two Hundred Seventy Six and no/100ths..,.. Dollars($3jao.276m***•• )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: One Million Six Hundred Six Thousand Two Hundred and no/100ths***** Dollars rJ6- 02 n no--*** 1 to secure the claims to which reference is made in Title W (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. iOM?TTIC►�t: A, :the Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or primcipal's heirs, executors,administrators, successors or assigns, shall in all things stand to and a ide,b! and well and truly keep and perform the covenants, conditions and provisions in the said aorverneat and any alteration thereof made as therein provided, on it or its part, to be kept and p Wrformed at the time and in the mariner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee) its officers, agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. .............._ _ ...... ......... _ _._ 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 subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees, incurred by the County of Contra.Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bored. Should the work under 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 subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. :x%14,",•NED AND SEALED on August 31 2004 PgINCIpAL: Hofmann Land Development Company SURETY: Liberty Mutual Insurance Company Address 'Go* Address: 1 Front Street,Ste.870 i T - City: San Fr ncisco,CA Zip: 94175 By. e By: Print Name: Ck - T S._X Print Name: Kathleen Beck _ Title: � � 1� �. _ Title: Attorney-in-Fact SD MWIAp GAGrpDau\EngSvc%FormsiBN WORMBN-12AM Rev.Novtnibw 28.2" xwF.. .. .::::::::::::::::.::.:::::::::::::::::::::::::::::::::::::::::.::............... ............... 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 ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (00%)of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNIIC-6539 2/03 THIS PC WER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1579933 This Power of Attorney limits the stat of those named herein,and they have no authority to bind the Company except In the manner and to the extant herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual insurance Company (the "Company*), a Massachusetts stock Insurance company,pursuant to and by authority of the By=law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAS Q JENKINS,MICHAEL G.HOGAN,'MATTHEW J.DRUMRIGiHT,-KATHLEEN BECK,VIVIAN GCILSTON,ALL OF THE CrY OF CONCORD,STATE OF CALIF ORNIA ...................................................... ............................................................ ..................................... .............. ..... ......... .... ... ....... .................................... ,each Individually If there beYmore than one- med,its true and lawful attorney-in-tact to maks,execute,seat,acknowledge and deliver,for and on Its behalf as su and Its act and deed,ant and all undertakings,bonds, recognizances and otter surettyy obll ki the penal sunt not exceeding FIFTY MILLION AND t 0/11 0""""'" .,et .r• DOLLAR$($ SO.O�i,{i00.O a"+"'• )each,and the execution of such undertakings, bonds, recognizences and other surety obligations, In pvrsuanc$'L 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 tate Company In their own proper persons. That this power is made and executed pursuant to and by authority of the following By-taw and Authorization; ARTICLE XIII-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 chairmen or the president may prescribe,shall appoint such attorneys-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, recogn£zances and other surety obligations. Such ='r attornays-ln-fact,subject to ate limitations set forth In their respective powers of attorney,shall have full power to bind the Company by their to � 0 signature and execution of any such Instruments and to attach thereto the seat of the Company. When so executed such instruments shah be 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 attorneys-In-fact: E Pursuant to Article Xlll, Section 5 of the By-Laws, Garnet W. Eltiott, Assistant Secretary of Liberty Mutual Insurance Company,is hereby � :Lr La authorized to appoint such ettomeys-In-fact as may be necessary to act to 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 vs y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seat of 00. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of July :o Z 2004 "C_eo LIBERTY MUTUAL INSURANCE COMPANY k. oL I) C ILgs r I Garnet W.Elliott,Assistant Secretary 1 y"' COMMONWEALTH OF PENNSYLVANIA as ' UP COUNTY OF MONTGOMERY Ct � C ©nthis fit day of (cul ,before me,a Notary Public,personalty came Gtpe_t W.j* iatt,to me known, onto acknowledged .�.' 110— that he Is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seat of said corporation; and#fiat he executed the above Power of Attorney and affixed the corporate seat of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. a o er IN TESTIMONY WH nto subscribed my name and affixed my notarial seat at Plymouth Meeting,Pennsylvania,on the day and year first above written, ,tw �, ! E .�„ � ���C5 � id,»ari�i�ueaf ite C/ �t� t i.+ L Te4tH9a 9C8#fa,AWENry-Pz1r7t S: Q OF P1,T. sntr T�VP Mors q.%ry County L" Z iS my Gc mmrc;x�an Tres tsar,2s 6 By {? iNem»cr, my am es r to,r t R.W;ee Ter6sa 1'astaila,Notary Public O CERTIFICATE !* r 1,the undersigned, at ecrataty of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing 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 Ass£stant'Secretary specialty autfwrized by-the chairman or the president to appoint attomays-in-fact as provided In Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and tate above power of attorney may be signed by facsimile or mechanically reproduced signatures under artd by swthority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duty called and held on the 12th dey of Mara;,198(;. VOTED that the facsimile or machanicahy 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,shalt 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 � a r2004 "-` t7avi M.Carey, t secretary 1110 I'l State of California County of Contra Costa On August_31,2004 ,before me,Randall Y. Cross personally appeared Kathleen Beck ®Personally known to nye-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 entity upon behalf of which the person(s) acted, executed t Y caoss the instrument. 3 464539 ptow W I WITNESS my hand and official seat. Signature of Notary Public -------------_-----------------------------------Optional----------------------_-------------------_---------------- Though the inforination below is not required by law, it may prove valuable to persons retying 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 Bond No.070000703 Docriment Date: 01/31/04 Number of Pages: 2 Signer(s)Cather Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual Individual ❑Corporate Officer 7 Corporate Officer Title(s): Title(s): ❑ Partner-[Limited®General 7 Partner-QLimited F General ❑Attorney-in-Fact Attorney-in-Fact Trustee ❑Trustee ❑ Guardian or Conservator- . L] Guardian or Conservator :.: r_ Other : Top o£ThumbHm Other : Top of`rbumbHere Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ALL-PURPOSE OSE ACKNOWLEDGEMENT State of California SS. County of �. � On S k .�,. a ) , _Z)A before me, � !UATFY (NMARY personally appeared CA cL SlGNF.Rt S 1 personally known to me - OR - a 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,#1298b8 RDTA,RY puRIC-CALIFOWA WITNESS my hand and official seal. Cnatra Costa Cmty Mr Comm.Expires Wrch 8,2005 NOTARY'S SIGrNAV_.RE 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 TTTLF(S! [� PARTNER{S} ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR DATE OF DOCUMENT Q OTHER: OTHER m SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME Or PERSON(S)OR ENTITY(IES) OF SIGNER o a APA 5199 VALLEY-SIERRA, WD-362-3369 VOID AFTER. `I1f11S1 911/04 FATCO$42 8827 Tax Collector's Office William J.Pollacak 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P,0.Box 531Russell V.WattsMartinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 911/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER?IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract I MS# city T.R.A. 8827 BYRON 72038 Parcel#. 011-241-006-3 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $355,000.00 This tract is not subject to a 1915 Act gond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be Presented to the County Tax Collector for review and,a roval of adeaugcy of security prior to ffft with the Clerk of the Board of Supervisors. Security for this subdivision may be covered by the subdivision 8580 WILLIAM J. POLLACEK, Treas er-Ta of for By: DUPLICATE ORIGINAL T1T;,FCQI' 'ANY SURETY Hofmann Land.ITevelopment First American Title Co. 19� at Insurance Company 1381D Galaxy Way 1355'Willow Way,A-01 One Front Street.Butte 870 Concord,CA 94521 Coneord,Ca 9452t} San Frpncisco. QA 94111 Atte Bob Henry Attn.:Barbara Pinto 415-Z82-8172 Ph: 925-682.4830 Phone: 925-35&7025 FATCO#1421362&1421384 Bond Number: 070000707 Tax year 2004/2005 Premium: $3,195.00 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT,PIofixiarira Land Develo m forn py,a iforni:a Co ,oration as principal and(Su ,a corporation organized and existing under the laws of the State of —Massachussets , and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Aosta, State.of California, in the pedal stun of, Three Hundred Fifty Five Thousand and no/100s"Dollars($355,000.00),to be paid to said County of Contra Costa, for the payment of which will and truly be made,we and each of us bind.ourselves, our heirs, executors,administrators and successors,jointly and severally, firmly by these presents. Sealed with our Seals and dated this 1 st day of September 2004. The conditions of the above obligation is such that WMREAS,the above bounded principal is about to file a map entitled Subdivision 8580 and Subdivision 8827,and covering a subdivision of a tract ofland in said County of Contra Costa and there are certain liens for tares and special assessments collected as takes,against the said tract of land covered by said map, w1uch taxes and special assessments collected as taxes,are not as yet due or payable. NOW,THEREFORE,if the said Principal,shall.pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map,at the time of the filing of said map of said tract,then.this obligation shall be void and of no effect,otherwise it shall remain in full force and effect. Hofmann Land Development Company, .A California Corporation Liberty Mutual insurance Company r Pri'n'cipal Surety Matthe J Cru 'ght, Attorney-in.Fact Principal (notary.acknowledgment attached) BOND REVIZWXD AND APPROVED CONTRA COSTA COUNTY TREA R• AX CQLLECTt3R BY: i �-- 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 Band 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 ($0.110). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deducbble. LNUC-6539 2/03 THIS POWER OF ATTORNEY iS NOT VALID FINLESS IT IS PRINTED ON RED BACKGROUND. 1579941 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL G.HOGAN,MATTHEW J:DRUMRIGHT,KATHLEEN.BECK,VIVIAN GOLS'1 ON,ALL OF THE CITY OF CONCORD,STATE.OF CALIFORNIA ............. • ... ........ ... .......—... ...0..... .................................... ...................•........ ..................... ........a.............waw. ...............a..... ......a....• •....I................... M.w.....•.............................. each Indlvtduaily If there be more than onenamed,its true and lawful attomey-ln-fact to make,execute,seal, ackriowiedge and deliver,for and on its behalf as surety and as its act and deed an+wand all undertakings,bonds,recogn€zances.and other sure obligations in the penal sum not exceeding FIFTY MILLION AND 00/1 tEi"�"..«,i*.. �.«.4 DgLLAFts{$ Efl-rCI�O,QI30 flt3"«*."' }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. That this power Is made and executed pursuant to and by authority of the following By-taw and Authorization: ARTICLE XIII-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,shah appoint such attomeys-in-fact,as may be necessary to act In behalf of the Company to make, execute, seal, acknowledgeand deliver as surety any and all undertakings, brands, recognizances and other surety obligations. Such 'a attorneys-in-fact,subject to the limitations set forth In their respective powers of attorney,shall have full power to bind the Company by their 10 p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be a as Mooting as if signed by the president and attested by the secretary. , .St By the following instrument that chairman or the president has authorized the officer or other official named therein to appoint attomeys-in•fact: .Cr C Pursuant to Article XIII, Section 5 of the fay-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby 40 ,.: 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,recogn€zances and other surety obligations. 0 0 ei That the fay-law and the Authorization set forth above are true copies thereof and are now In full force and effect. S UJ IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of July ?0 LIBERTY MUTUAL INSURANCE COMPANY E 00 0 cU✓ Garnet W.Elliott,Assistant secretary .9 ` COMMONWEALTH OF PENNSYLVANIA as � � .4.g COUNTY OF MONTGOMERY p � On this 16th day of July ,-2QP_4 ,before me,a Notary Public,personalty carne Gametfi, Elliott, to me known,and acknowledged «� that he is an>Assistarat Secretary of Liberty Mutual Insurance Company;that he knows the seal of said corporation,and that he executed the above EPower of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. to "` IN TESTIMONY Wi I nto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day acid year s first above written. to T$Ce&a PHNt9l3ltt..N4}i3ry PuksliG .'$.` OF r"iyaYxzuttiFWP.,Monmor 014 B My C� orally risk xu#es Mar.28. Da I T$ sa Pa8#9IIa;Notary Public tai '�l Mrtr r;"or myiv»r is Aswdatlatt of NOW= Ci 7 CERTIFICATE }—r- 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 full,true and correct copy,Is In full fcorce and effect ton the date of this cartaEcate;and i do further certify that the officer or official who executed the said power of attorney Is an Assistant Secretary specially authorized by the chairman orthe president t o appont attomeys-in-fact as provided in Article XIE1,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 hold on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature.of any assistant secretary of the company; whatever 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 1st day of i =* hP� 1 � $y r "° DavI6 M.Carey,Assipt0t Secretary State of California County of Contra Costa On Sotember 1. 2004 ,before me,Kathleen A.Beck personally appeared Matthew 3 Drumright (Personally known to rite -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 Wil*1 /her/their signature(s) on the instrument the person(s) or the Ago ge+01ftaft entity upon behalf of which the person(s) acted, executed the instrument. WI S arA and officjW seal. Signature of No Public ------------------..----_--------------------- Optional--------------------------------_------------------------_ Though the information below is not required by law,it may prove valuable to persons relying on rhe 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 CCC Tax Bond #070000707 Document Date: 09101/04 Number of Pages: I 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-[]Limited F�General Partner-(Limited[General [I Attorney-in-Fact Attorney-in-Fact ❑Trustee Trustee <y ❑ Guardian or Conservator x <_ > Q Guardian Or Conservator M Other: Top of Thumb Here' Other: Top of Thumb Here Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ALL-PLIRPOSE ACKNOWLEDGEMENT Mate of California ss. County of Contra Costa On September 1,21104 before me, D. Panteles , (OXMt WOTARYi personally appeared A.T. Shaw s)aNaRrs) ✓ 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. D. FAl~�Tl:l.Es Comm.#'12116585 WITNESS my Land and official seal. NOTARY PUBLIC-CALilG0flN1A C"it Cu*Cutty My Cow.Expires Much 3,2095 1 NOTARYs ssCsNATURE 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 Bond Against Taxes -Fallman Property President TITLE OR TYPE OF DOCUMENT TMEtS) PARTNER(S) 1 ATTORNEYIN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) September 1, 2004 F-1 GUARDIAN/CONSERVATOR DATEOFDOCUMENT (� OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF P'MON(S)OR EN ITYttES) � OF SIGNER Z Z APA 5{99 VALLEY-SIERRA, 800-3162-3369 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR t► ,�� DATE: October 12,2004 SUBJECT: A coving the Final Map and Subdivision A Bement for Subdivision 04-08827. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND ANIS JUSTIFICATION RECOMMENDA.TTC3N-6). ADOPT Resolution No. 201041 557 for Subdivision 04-08827, approving the Final Map and Subdivision Agreement,being developed by Hofinann Land Development Company,Byron area, (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATIONfS): Subdivision 04-08827 has been reviewed and processed byPublic Works staff and meets all applicable conditions of approval for recordation of the final map. CONSEQUENCES OF NEGATIVE ACTION: The final map will not be approved. Continued on Attaehment:— SIGNATURE: ✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE A-PPROVE nOTHER SIGNATUR ` ACTION OF Bo ON , QCIQM 12, 20QA 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 date shown. XX UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCIDOBER 12, 2004 JOHN SWEETEN, Clerk of the Board of GAGTDatal)angSvolB0\20"\\0-12.041SD 04-08827 Order.doc orifi.Div: Public works l Supervisors and County Administrator Contact: Frank N'avarm(313-2264) cel Public works—T.Bell,Construction Current Planning,Community:Development T—August;22,2005 "� Hahn=land Development Company Atm:RobenHer" By ,Deputy 1380 Galaxy way Concord,CA 94520 Liberty Mutual Insurance Company Attn:Kathleen Beck I Front Street,$ta.870 San Francisca,CA 94111 Liberty Mutual Insurance Company Attn:Matthew J.Dmrnright 1 Front Street San Francisco,CA 94111