HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-610 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November a0, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILK.EMA, GREENBERG, DESAIII.NIER AND GLOVER
NOES: NOME
ABSENT: NONE
ABS'T'AIN: NONE
RESOLUTION NO. 2004/61.0
SUBJECT: Approving the Road.Improvement Warranty Agreement for Point of Timber Road,
RA 99-01089 (cross reference Subdivisions 98-08166 and 98-08167), being
developed by Hofmann Land Development, Byron area(District III).
The following document was presented for Board approval for Point of Timber Road,road
acceptance file RA 99-01089(Subdivisions 98-08166 and 98-08167)property located in the Byron
area, Supervisorial District III.
An Improvement Warranty Agreement with Hofmann Land Development,principal,
whereby said principal warrants that the curbs, along with adjacent pavement and sidewalks,
installed on profile slopes less than I%, were otherwise constructed, installed and completed in
this development in a manner equal or superior to the requirements of the County Ordinance
Code, Title 9.
Principal also guarantees that the aforesaid development improvements are and will be
.free from defects and will perform satisfactorily in accordance with County Ordinance Code; and
developer shall maintain the improvements for five years after the date of this agreement against
any defective workmanship or materials or any unsatisfactory performance,particularly ponding
of storm water in gutters.
I hereby certify that this is a true and correct copy of an action taken
PE:ow and entered on the minutes of the Board of supervisors on the date
G:1GrpData\EngSvc\B0\2004\11-30-04\RA44-01089 BO-25Aoc shown.
Originator: Public Works(ES)
Contact:Frank Navarro(313-2264) ATTESTED: QyEmla3a,y 2W
cc: Pubic Works- T.Bell,Construction JOHN,SWEETEN,Clerk of the Board of supervisors and County
K.Dahl,Engineering AdInlnlStratbr
Current Planning,Community Development
T—980P39
Hofmann Land Development
1380 Galaxy Way
Concord,CA 44520 wr ✓ Deput),
Liberty Mutual Insurance Company �Ll)°
1 Front Street,Ste.870 .
San Francisco,CA 94111
RESOLUTION NO.2004/ 610
r
SUBJECT: Approving the Improvement Warranty Agreement for Road Acceptance 99-01089
(cross reference Subdivisions 98-08166 and 98-08167),being developed by Ho(mann
Land Development, Byron area (District 111).
DATE: November 30, 2004
PAGE: 2
Said document was accompanied by security,guaranteeing all improvements as stated
in said agreement and required by Title 9 of the County Ordinance Code, as follows:
1. Cash Bond
Performance Amount: $1,000.00
Auditor's Deposit Permit No. IJP 430541 Date: August 31, 2004
Submitted by: Hofmann Land Development Co.
Taxpayer identification number: 68-0419482
IL Surety Bond
Bond Company: Liberty Mutual Insurance Company
Bond lumber and Date: 070000624 August 23, 2003
Performance Amount: $13,300.00
Labor&;Materials Amount: $7,150.00
Principal: Hofmann Land Development Company
NOW, THEREFORE, I'I" IS RESOLVED that said improvement warranty agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/610
l
IMPROVEMENT WARRANTY AGREEMENT "
(After Construction is Complete)
(Government Code §§ 66462 and 66463)
Development: Road.Acceptance RA 1089 Effective Date: t ? y
Principal: Hofmann Land Development Co.,Inc. Maintenance Period: 5 Fears
Bonds:,
A. Cash: $1,000.00
B. Surety:
1. Faithful performance&maintenance: $13,300.00
2. Payment for labor and materials: $7,150.00
PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County," and
the above-named"Principal,"mutually promise and agree as follows concerning this development.
IMPROVEMENT WARRANTY. Principal warrants that the curbs and adjacent pavement and sidewalks, that were installed
on profile slopes of less than 1%,were otherwise constructed, installed and completed in this development in a manner equal
or superior to the requirements of the County Ordinance Code,Title 9.
GUARANTEE&NLU PENANCE.Principal guarantees that the aforesaid development improvements are and will be free
from defects and will perforin satisfactorily in accordance with the County Ordinance Code and principal shall maintain the
improvements for five years after the date of this agreement against any defective workmanship or materials or any
unsatisfactory performance,particularly ponding of storm water in gutters.
INTROVEMENT SECURITY BUNDS.Upon executing this agreement,principal shall deposit as security with the County:
A, Cash: (For faithful performance)a cash bond in the amount: $1,000.00
B. Surety: 1. (For faithful performance) additional security, in the amount: $13,300.00, totaling 15% of the
cost of the estimated improvements, less the cash bond, in the form of cash, an acceptable instrument of credit, or an
acceptable corporate surety bond, guaranteeing faithful performance of this agreement and maintenance of the work for five
years after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance;plus
2. (For payment for labor & materials) another such additional security, in the amount: $7,150.00; which is 50% of the
estimated cost of the aforementioned improvements,securing payment to the contractor,to the subcontractors and to persons
renting equipment or furnishing labor or materials to them or to principal.
NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or
materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any
part thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improvements
and/or materials, or payments,therefor, or any combination or all of these acts, shall not relieve principal of the obligation to
fulfill this agreement as prescribed; nor shall County be thereby stopped from bringing any action for damages arising from
the failure to comply with any of the terms and conditions hereof.
INDEMNITY- Principal shall hold harmless and indemnify the indemnities from tle liabilities as defined in this segtion:
A. Indemnities benefited and protected by this promise are the County and its special district, elective and
appointive boards, commissions,officers,agents,and employees;
B. Liabilities protected against aye any liability or claim for damage of any kind alleged
v 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 completed the review of the improvement plan or accepted the improvements, as completed and including
the defense of any suit(s), action(s), or other proceeding(s)concerning these;
C. Actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters
covered by this agreement and attributable to principal,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 indenrinity has prepared, supplied,or approved any plan(s)or specification(s)in connection with the improvements or
development, or has insurance or other indemnification covering any of these matters.
COSTS: Principal shall pay, or have paid when due, all the costs of the work, including inspections thereof and relocating
existing utilities required thereby.
NON-PERFORMANCE AND COSTS: If principal fails to maintain the work and improvements during the time specified in
this agreement, County may proceed to repair them by contract or otherwise and principal shall pay the costs and charges,
therefor, immediately upon demand. If County sues to compel performance of this agreement or recover engineering costs
and the cost of maintaining the improvements, principal shall pay all reasonable attorneys' fees, costs of suit and all other
expenses of litigation incurred by County in connection therewith.
ASSIGNMENT: If, before the completion of the maintenance period, the development is annexed to a city, County may
assign to that city County's rights under this agreement and any cash bond or surety securing them.
LABOR&MATERIALS, WARRANTY: Principal further warrants that the claims and liens of all persons, contractors and
subcontractors furnishing labor or materials for the maintenance or repair of said improvements in the development have
been satisfied. Principal agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and
development appearing hereafter upon demand by County.
CONSIDERATION: In consideration hereof, at the end of the five-year warranty period, County will accept the curbs and
adjacent pavement of Road Acceptance 1089 for maintenance.
CONTRA COSTA COUNTY: PRINCIPAL:
Maurice M.Shiu,Public Works Director Hof Bann Land.Development Co.,Inc.
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By: id. �+a� t By: �- �z'
A.T.Shaw,President
RECOMMENDED FOR APPROVAL:
By:
Agine=iln_�g§ervi'ces Division
FORM APPROVED: Victor J. Westman,County Counsel
011
(sAGrpData\I'_ngSvc\Ci�r-is\Projects\Discovery Bay West\RA IWARA 10189 Warranty Agrmt..doc
Aev..September 4,2003
CALIFORNIA ALL-PURPOSE ACICNOWLEDGEMPNT
State of OPTIONAL SECTION
County of t CAPACITY CLAIMED BY SIGNER
On 10 I be'f'ore me, C$�t. � � Though statute does not require the Notary to fill in
DA NAME,TITLE OF OFFICER E G., JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
personally appeared ...' \ persons relying on the document.
NAM£(s)OFSIGNER(s) p INDIVIDUAL
rsonalFy known to me-CIIt-0 prayed to me an the basis of satisfactory evidence to T OFFI E 5 f
ff be the persons)whose name(s)is/aro
subscribed to the within instrument and TITLE(S)
acknowledged to me that he/she/they executed C PARTNER(S) 0 LIMITED
the same in his/her/their authorized ❑ GENERAL
capacity(ies),and that by his/her/their ATTORNEY-IN-FACT
D. PANTELE� signature(s)on the instrument the person(s)or G TRUSTEE(S)
f COMM,#1296585 t the entity upon behalf of which the persons) d GUARDIAN/CONSERVATOR
tU NOTARY PUSKU CAUP0814IA VJ acted,executed the instrument. G OTHER:
Contsa Co".County »•
My
Comm.Expires 1 arch9.2005. y hand and aft ciai eat, SIGNER IS REPRESENTING
(NAME OF PERSON(S)OR ENTITY(LES)I
sIC,NATtTRE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents trust comply with the following to be of
to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
11. SIGNATTJRES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS , Signing party roust be either a general partner or be authorized in writing to have
the authority to sign o� rniers pr and bind the pap,
IV. SIGNATURES FOR CORPORATION'S
Documents s ou d be signed y two o—flicers,one from each of the following two groups:
GROUP l. (a}The Chair of the Board
(b The President
c Any Vice-President
GROUP 2. aThe Secretary
lb An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resoIntion of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized, will suffice.
Notarization of only one corporate signature or signatures from only one group, must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
Jc,,,,.,
\\PWS4'SFLAR.aATA\Cc,ppa:a%EngSvc\FcrTmSWOF.D FCR_MS\ALL PURPOSE NOTARY dnc
Rev.August 1,2001
�..vu�t t t �.+�+�.�r�e t�cx l,.Laat,�►.._
DSPOSII PERJWJT _
OFFICE OF COUNTY AUDITOR-CONTROLLER
O THE TREASI R» MARTINEZ,CALIFORNIA
tECEIVED FROM � -
ORGANIZATION NUMBER
W21 2— wl�y t
{Fox Gash Coo& ,an Procedures see County Administrator Bulletm I Os.}
DESCRIPTION FUNDJORr- A� TASK TION ACTMTY AMOUNT
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DEPOSIT ,
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rhe amount of money described abave is for Treasurer's receipt o above amount is approved.. Receipt of above amount is hereby
deposit into the County i'reaswy. ockrxswled
5igrue '� ' t• �_ .. •Date; f �/t d. t�,; d.Sgrie
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ritl i '; '# 1/ EXT. ...'. -, Deputy County Arsddw Deputy to ty
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OFFICE OF COUNTY AUDITOR-CONTROLLER -
�E TREASURER: MARTINEZ,CALIFORNIA
.b.J T ED rR4J/Y1
ORGANIZATION NUMBER
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(For Cash Collection Procedures see County Adrninistnotor's Bulletin 105.)
DESCRIPTION FUND/ORG sulk ACCT. TASK TION ACTIVITY AMOUNT
$ #
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EXPLANATION: TOTAL $ #
DEPOSIT #
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Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.0.ETC. $
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BANK DEPOSITS 5
FOR AUDITOR-CONTROLLER USE ONLY
ERMI —1±L i-{1
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt o above amount is approved. Receipt of above amourif is hereby
deposit into the County Treasury. acknowledged
' f ,r � � Signed.
T t } 1/ EXT. -S- / Depu County Auditor - y County Treasurer
D-34REV.(7-43) 1 - /
i
819800-08000: G1139924, $1,000.00, SD9808166, Cash Performance Band,
Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-08000: G1139925, $1.000.00, SD9808167, Cash Performance Bond,
Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-08000: 61139929, $1,000.00, RA9901089, Cash Performance Bond,
k
Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520
0682-9752 / 819200: G1139923, $500.00, Parker Ave. Underground, Evn
Sam Cho & Victoria Hui, 1196 Earnest St., Hercules, CA 94547
0649-9665 / 831000: 61139912, $500.00, MS 89-00060, Minor Sub
Improvement Inspection, Jahn or Nancy Donkonics, 926 Deer Creek Dr.,
Martinez, CA 94553
0649-9665 / 831000: G1139913, $500.00, 852936, Record of Survey
Deposit, Morgan Engineering, 1930 Shattuck, Ave, Ste A, Berkeley, CA
94704-1022
0649-9665 / 831000: G1139914, $500.00, R52934, Record of Survey
Deposit, Darrel C. Pachard, 201 pistachio Pl., Brentwood, CA 94513
0649-9665 / 831000: G1139915, $500.00, 852935, Record of Survey
Deposit, Harold Jaffe, 3521 Grand Ave., Oakland, CA 94610
0649-9665 / 831000: G1139916, $500.00, 852933, Record of Survey
Deposit, Raymond W.Sage, PO Box 746, Lafayette, CA 94549
0649-9665 / 831000: G1139918, $2,984.96, RA 03-01144, Inspection
Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520
0649-9665 / 831000: G1139930, $15,340.00, Sub 8779, Improvement Plan
Review Major, Centes Homes Northern CA, 2527 Camino Ramon, Suite 100, -
San Ramon, CA 94583
Duplicate Original
Development: RA1089
Bond No.: 4ZQ or,24
Premium: $600.00
SECURITY BOND
FOR IMPROVEMENT WARRANTY AGREEMENT
I. RF.ctTAL OF IMPROVE IEN=T WARRANTY AGREEMENT: Principal has executed an improver ent warranty
agreement with the County of Contra Costa to maintain and repair curbs and other affected improvements
for RA1089 -at principal's expense for a period of five years, as specified in the improvement
,,warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the final map for said subdivision.
2. OBLIGATION: Hofmann Land-Development company as principal and
yLiberty Mutual Insurance Company -zed corporation 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: Thirteen'thousand Three Hundre and OQIID�ot s**
Dollars ( oo. o***** -- ) for Contra Costa County or any city assignee Linder
the above improvement warranty agreement.
B. Paymentz, Seven Tho ase ne Hundred Fifty n 11 t s***** Dollars(S
-7 i ***< )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION`
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal,
or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
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 tile 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,inctrrTed
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.
r
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,
i 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 bond.
Should the work wider conditions of this bond be folly 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 improvement warrenty 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,
SIGNED AND SEALED on August 26,2003
PRINCIPAL: Hofmann Land Development Company SURETY: Liberty Mutual Insurance Company
Address: Address: 1 Front street, Ste.870
City: - Zip _ City; son Francisco,CA Zip: 94111
By
Print Name: 4 x 7f Ff c .t Print Name: Deborah Baker
Title: Title: Attorney-in-fact
J;7 mw:1aP
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PMI� .
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the "Act"), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
"EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Bond
Services (referred to collectively hereinafter as the "Issuing Sureties").
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for "acts of terrorism" as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90%) of,
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LIMIC-6539 2/03
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 174552
This Power of Attorney limits the acts of those named herein,and they have no authority to mind 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 fay-law and Authorization hereinafter set forth,does hereby name,constitute and appoint
JAMES C.JENKINS,MICHAEL G. HOGAN, MATTHEW J.D.RUMRIGHT, DEBORAH BAKER,ALL OF THE CITY
OF CONCORD,STATE OF CALIFORNIA.... .............. . ... .. ..:: ...................................
v.....................•.......,..,a.... ..... .... asA4 ........, .,A++M x� •.. .,a a. . •.. .,.,..• .v.,...,..............
each individually if there be more than one named,its true yand lawful attomeyin4actycute to make,exeyseal,acknowledge and.deliver,for and on its
behalf as surety and as its act arn3 d6ed a**and all undertakings,bonds,redoghliances and other surety obligations Irl etre penal sum not exceeding
FIFTY MILLION AND 011(100 _DOLLARS 1.000.00**"**
}each,and the
execution of such undertakings, bonds, recognizances and other surety oblj046ns, in pursuance of:these presents, shall be as binding upon the
Company as it 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:foilowing By-law andAuthorization;
ARTICLE XIII-Execution of Contracts:Section S.Surety Bonds and Undertakings:i
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 '17
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
0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be G
$y as binding as if signed by the president and attested by the secretary.
ns
C By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint affomeys-in-fact:
Pursuant to Article Xill, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
*X authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and C
z3 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. 0
�? 4DThat the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
O-�
> 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 Q
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this. 29th _day of aril 0
O l LIBERTY MUTUAL INSURANCE COMPANY
if 0
04)
, y � Garnet W.Elliott,Assistant Secretary
* 4
4).,,, COMMONWEALTH OF PENNSYLVANIA ss ���,
COUNTY OF MONTGOMERY
t!c On this-29thh day of Aril 20Q3 ,before me,a Notary Public,personally carne, rnet W. Elliott,to me known,and acknowledged
O a— that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ;
O Pourer of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
i" IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meet:ng,Pennsylvania,on the day and year4)0 it
2 first above written. rf
tis C fu c 1fa C"
y ��eY : N
++ , Tcx�tt RR8lsita NraYttr,,Pt�bfto trJ
SCI OF. P?}trwufts.T.1"Mia tgiE nary G Y ap :'. - _ co
G. tSY L'Jtri YF#14Lo�5 EYjSTH Y,UT,a'�.B '£7!.i By
Cr
Ter sa Pastella,Notary Public::, t3 r
CERTIFICATE Yt �' }
1,the undersigned,Assistant retaryOf Liberty Mutual Insurance Company;do hereby,certify that tha 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 pextif y,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:attiirrkeys-in-fact as provided in Article
Xlll,Section a of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of a#forney 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 29th day of
duty _.-2004 .
By
Da4MC,,e�yA*sktSecretary
r
State of California
County of Contra Costa
On July 29,2004__ ,before me, Randall Y.Cross personally appeared Deborah Baker
®Personally known to me -or- ❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity (ies) and that by his
/her/their signature(s) on the instrument the person(s) or the
entity upon behalf of which the person(s) acted, executed
RANML Y.CROSS the instrument.
Commission* 14,64539
No"PuMc-C01110mia
►0 Costa CoUW
C IITNESS my hand and official seal.
h�hr m.�.tem 2
Signature (Notary Public
---------------------------------------------------Optional-----------------------------------------------------------
Though
ptional-----------------------------------------------------------
Though the information below is not 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 Bond Duplicate Original 070000624 for Contra Costa County
Document Date: 0$/26103 Number of Pages: 2
Signer(s)Other Than Named Above:
Capacity(ies) claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
0 Partner-❑Limited❑General ❑ Partner-❑Limited ❑General
® Attorney-in-Fact ❑ Attorney-in-Fact
[❑Trustee ❑Trustee
(❑ Guardian or Conservator ❑ Guardian or Conservator
Other • Top of Thumb Here ❑ Other : Top of Thumb Here
Signer is Representing: Signer is Representing
Liberty
i
CAL ALL PURPOSE ACKNOWLEDGEMENT
State of California
) SS.
County of Contra Costa
On August 3, 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 seat
D. PANTELES
Comm.#1296585
NOTARY PUBLIC-CALIFORNIA til i
Contra Coate County
my Comm.Expkei Muth 1,2W$
Signatur—e-4�-�k-
Reference: Security Bond for Improvement Warranty Agreement
Date: August 3, 2004
Pages: 2
ACTION BY THE 130ARD OF DIRECTORS OF All
HOFMANN LAND DEVELOPMENT COMPANY
BY WRITTEN CONSENT WITHOUT A MEETING
The undersigned, being all of the present directors pi Hofmann Land
Development Company, a California corporation, Individually and collectively consent,
by this writing, to take the following actions, to adopt the fallowing resolution_
RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his
juthorized capacity as CEO/President, any and ail documents related to the purchase
and sale of real property, any and all documents related to the approval.of tentative and
final subdivision reaps, and any and all documents related to land improvement
agreements, such as subdivision agreements, and any end all bund agreements.
This consent is executed pursuant to section 307,.subdivision (b) of the
California Corporations Cade, which authorizes the taking of action of the Board of
Directors by unanimous written consent without a meeting.
Dated: August 1, 2000
Kenneth . a n, Director
Albert T. Shaw, Di ct�r
ennon, Director
6t.1.
;o7mas 7A. Whalen,
Dennis M. Draw, Director
Richard L. Greene, Director
TO: BOARD OF SUPERVISORS 018
r
FROM. MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: November 30, 2004
SUBJECT: Approval of Road Improvement Warranty Agreement for Point of Timber Road for Road
Acce tance 99-01089.
SPECIFIC REQUEST(S)OR RECC?I .MFNDATION(S)&BACKGROUND AND JUSTIFICATION
RECONEWENDATION(S):
ADOPT Resolution No. 20041 6I.0 for RA 99-01089(cross reference Subdivision 98-08166 and Subdivision 98-
08167), approval of Road Improvement Warranty Agreement for Point of Timber Road, being developed by
Hofmun Land Development,Byron area. (District III)
FISCAL IMPACT:
Mone.
B ACK_CR_ OUND/REASON{S) FOR.RECOMMENDATION S):
The curb, sidewalk, and adjacent pavement with profile slopes less than I%will be warrantied for 5 years.
CONSEQUENCES OF NEGATIVE ACTION:
The improvements will not be warrantied.
Continued on Attachment:— SICNATU
_ CCIMMENDAT1 N OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE s <r
ACTION t71~I3 ON NQI� ER, Jo p 200 APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF ScjPE"xVtscJRs
minutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT_ NONE date shown.
AYES. NOES:
ABSENT: ABSTAIN:
ATTESTED: NOVEMBER 30, 2W4
G:1GrpData%EngSvc\BOV 004`,31-30-04\RA 99-010,89 Order 15,doo JOHN SWEETEN, Clerk of the Board of
Origcoo.Dt: PubSc avaffo(31orks Supervisors and County Administrator
Contact: Frank Navarro{313-27,Bq} p l
cc: Pubic'Works- T.Bell,C;oratmction
K.Da3u,Engineering
Cent Planning,Conm nifty Developmert
T-9/30!09
Hofmann Land C7evakrpt;+ent '�j�y /' """, ' Deputy
one Galaxy kL'sy 9J .yam...,__
1380 Gal xy ay -
Libeny Mutual ln'uranc-Company
I Front Street,Ste.8.11
San P.raacisco,CA 94111