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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-612 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 30, 2004, by the following vote. AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESALZNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 612 SUBJECT: Approving the Improvement Warranty Agreement for Road Acceptance 00-01099 (cross reference Subdivision 98-08166), being developed by Hofmann Land Development, Byron area(District 111). The following document was presented for Board approval for Subdivision 98-08166 property located in the Byron area, Supervisorial District III. An Improvement Warranty Agreement with Hoffmann Land Development,principal, whereby said principal warrants that the curbs, along with adjacent pavement and sidewalks, installed on profile slopes 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. 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 KD:rm and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\B0\2004\11-30-04\RA 00-01099 BO-15.&c shote originator: Public Works(ES) Contact: Frank Navarro{3I3-2264} ATTESTED: NOVEMBER 30, 2004 CC; Pubic Works- T.Bell,Construction K.D. engineering JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—9130/09 Adnllnlstrator Hofmann Land Development 1380 Galaxy Way Concord,CA 94520 Liberty Mutual Insurance ConTany By ,Deputy,. I Front Street,Ste.870 San Francisco,CA 94111 RESOLUTION NO.2{}04/ 612 SUBJECT: Approving the Improvement Warranty Agreement for Road Acceptance 00-01099 (cross reference Subdivision 98-08166), being developed by Hofmann Land Development,Byron area(District III). 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: 5 I. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP 434094 Date: November 4, 2004 Submitted by: Hofmann Land Development Co. Taxpayer identification number: 68-0419482 II. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070000623 October 22, 2004 Performance Amount: $8,400.00 Labor&Materials Amount: $4,700.00 Principal: Hofmann Land Development Company NOW, THEREFORE, IT IS RESOLVED that said improvement warranty agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/O12 IMPROVEMENT WARRANTY AGREEMENT + (After Construction is Complete) (Government Code §§ 66462 and 66463) Development: Road Acceptance RA 1099 Effective Date: 1 9v o Principal: Hofmann Land Development Co., Inc. Maintenance Period: 5 Years Bonds:. A. Cash: $1,000.00 B. Surety: 1. Faithful performance &maintenance: $8,400.00 2. Payment for labor and materials: $4,700.00 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 &MAINTENANCE.Principal guarantees that the aforesaid development improvements are and will be free from defects and will perform 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. 11 ITROVEMENT SECURITY BONDS.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: $8,400.00 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: $4,700.00, 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 onto 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 the labilities as defined in this section: 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 are any liability or claim for damage of any kind allegec�y 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 there; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity 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 1099 for maintenance, CONTRA COSTA COUNTY: PRINCIPAL: Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc. By: AXk By: A.T.Shaw,President RECOMMENDED FOR APPROVAL: By: ngineering Se ices Division FORM APPROVED: Victor J.Westman,County Counsel r :e1 G:\GrpDat2\F.ngSVCACh1isT,ejects\I3iscovery Bay WestvRA 10WRA 3099 Warranty Agimt_doc Rev, September 4 2003 ALL-PURPOSE ACKNOWLEDGEMENT State of California Ss. County of Centra Crista On November 16, 20104 before me, D. Panteles 1DAT F.I (NOTARY) personally appeared A.T. Shaw s1GN Rrs) personally known to me - OR - proved to rite 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), pANf51E8 or the entity upon behalf of which the Comm.#1296585 person(s) acted, executed the instrument. ?Otmar PVKIt-sntfORNIA �y Contra Coats County /div r 4y Comm.Ezpifes m4rch 9,2005 ((� WITNESS my hand and official seal. NOTARY'S SIGNATURE 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 [v� CORPORATE OFFICER Improvement Warranty Agreement President TITLE OR TYPE OF DOCUMENT TITLE(S) *. ' PARTNER(S) 1 ATTORNEY-IN-FACT NUMBER OF PAGES (� TRUSTEE(S) November 16, 2004 GUARDIANICONSERVATOR DATE OF DOCUMENT OTHER: -- Corrected Copy OTHER SIGNER IS REPRESENTING. R€GHTTHUM€3PRINT NAME OF PERSON(S)OR ENTITY(!CS) OF E -- SIGNER o APA 5N9 VALLEY-5IERRA. 800-3,62-3365 ACTION BY THE BOARD OF DIRECTORS OF " HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETIN,G The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, Individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution. RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to'the approval,of tentative and final subdivision maps, and any and-ail documents related to land improvement- agreements, mprovementagreements, sttch as subdivision agreements, and any end all bond agreernents. 1-his consent is executed pursuant to section 307, subdivision ('b) of the California Corporations Cade, which authorizes the taking of action of the Beard of Directors by unanimous written consent without a rrreeting. Dated: august 1, 2000 ' Kenneth".k9nneffi"RA rr, Director Albert T. Shaw, D19sctor 6non, Director ornas A. WhaleZD1 Dennis M. drew, Director J Richard L. Greene, Director DEPOSIT PERMIT OFFICE OF COUNTY AtDCt A-CONTROUER C?Tt TREASURER: MARTINEZ,CALIFORNIA .ECEWED FROM ORGANIZATION NUMBER (For Cash Collection Procedures we County Administrator's Bulletin 105.) SUBDESCRFIsnON FUhOJfSRG. TASK OPTION ACTNIT'Y AMOUNT S i # 7 # ! t • f / l `+ `. ..pie./`�� ,✓� i � 1 L+ L 6=1.f] I # c # E # 1 -5f Fi {l # i .X;LANATION: TOTAL $ # v % l r '1 7 i DEPOSIT r _ Deposit consists of the hAowing rterns / J C and CURRENCY KS,MO ETC S 2 BANK DEPOSITS- S r FOR AUDITOR-CONTROt LER USE ONLY DEPOSIT i PERMIT DP t (C / J J. / , NUMBER DATE 43409 N l 'f . ASSIGNED The amount of money described csbove is for T receipt of above amount,is approved. Receipt of above am unt is hereby deposit into the County Treasu ocknowle T 'Pf d EXDeputy -j— Ue #y Couty Treasurer •34 REY.(7-93) r 819800-0800: G1158939, $1,000.00, RA 1099, Cash Bond, Hofmann Land Development Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1158937, $1,600.00, sub 8694, Map Check Fee, Massoud Fanaeyan, 38 St. Stephens br., Orinda, CA 94563 • DUPLICATE ORIGINAL Development: Moss Bond No.: 070000623 Premium:$500.00 SECURITY BOND FOR IMPROVEMENT WARRANTY AGREEMENT 1. FcITAL OF IMPROVEMENT WARRANTY AGRPENIENT: Principal has executed an improvement warranty agreement with the County of Contra Costa to maintain and repair curbs and ether affected improvements for RA1099 at principal's expense for a period of five years, as specified in the improvement warranty agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the final trap for said subdivision. 2. OBLIGATION: Hofmann Land Development Company as principal and Liberty Mutual Ensuranee Company ___.._. , a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. ,Performance and Guarantee: Eight Thousand Four Hundred and 001100ths***`* Dollars ($__8,400.00***** for Contra Costa County or any city assignee under the above improvement warranty agreement. B. Payment: our Th usand Seven and and o/100ths***** Dolbis($ A.zoo a.— }to secure;the claims to which reference is made in Title XV (con-imencing with Section 3082) of Part 4 of Division 111 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 fall 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,incurfed 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 (2.8.) 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 meta 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 Lander 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 ally and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3482)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 wont under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and reanain 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 farther notice to or consent by the surety; and the surety hereby waives the provisions of California CiviI Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on October 22,2004 PRINCIPAL: Hofmann Land lDevelopment CompanySURETY! Liberty Mutual insurance Company _ Address: ;' Address: 1 Front Street,Ste,870 City: `-' `' { - — City; San Franc!jsco,CA _ ZilL 94111 By: ` r - - ` By Print Name: t Print Name: Kathleen Beck Title: i + Title: Attorney-in-Fact y M mw1ap v:.GrpT?ata\EngSvclF'azy?id'v.Ot52'Jure'\Disco B3v Warnoty Agmit Dond.doc NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety- Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties`). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNUC-6539 2/03 1579994 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. s LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company {the "Company"}, a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL.G.HOGAN,MATTHEW J.DRUMRIGHT,KATHLEEN BECK,VIVIAN GOLSTON,ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA . .. ..... ..... ........... ........ .:. ... . .... ....... .........".......................................... ` ..................... ........�..;.s......... ....;....................................... each individuallyif there be more than one named,yitsY « trueyandlawful�attorney-in-fact to make,execute,seal acknowledge and deliver,for and on its behalf as sure and as its act and deed,anr1 anis all undertakings,bonds, recognizances and other sur obligations in the penal sum not exceeding ttyy ****t***#*** *1***** —5—0 AtiA FR IS.00 A*** Ba{i{,and the FIFTY MILMN AND CIt11IOO D0LLAFi�($ dV VidV tido YiJ 3 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 prosier persons. That this power Is made and executed pursuant to and by authority of the fallowing By-law 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,shall appoint such attomeys•in-fact,as may be necessary to act in behalf of the Company to make, to execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such `0 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 shalt be 4) 0. as binding as if signed by the president and attested by the secretary. es � is By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-In-fact: . Z Pursuant to Article X111, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby � authorized to appoint such afforneys-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. fel) >) 4) That the By-taw and the Authorization set forth above are true copies thereof and are now in full force and effect. # IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seat of b C6 Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 16th day of .Suit LIBERTY MUTUAL INSURANCE COMPANY *_'0 p ` H9 y " Garnet W.Elliott,Assistant Secretary g� COMMONWEALTH OF PENNSYLVANIA ss 0 a;s COUNTY OF MONTGOMERY C1 L C O — On this 16th day of JuSY 2004_ ,before me,a Notary Public, personalty came Garnet W.EN€oft,to me known,and acknowledged 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 41 ¢i Power of Attorney and affixed the corporate seal of liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. L.E00 IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year �N first above written. eq > Tessa mte€a Nomy Fury r¢ ( p;ynroWh ILap R9a^ rnsry Lbn?l Z tJ ! My��yrctrrt,aSitrr,�x¢r;rets tear.2� G`t15^_. � y � � n be £c..nsywar;la Assoeiad"rr.ci?da aria Ter sa Past8lla,Notary Public 0 0I^ CERTIFICATE Py 1,the undersigned,Assistant rotary of Liberty Mutual insurance Company,do hereby certify that ft 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 theofficeror official who executed the said power of attorney Is an Assistant Secretary specially authorized by the chairman or the president to appoint afiameys-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 under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,i have hereunto subscribed my name and affixed the corporate seal of the said company,this 22nd day of O,r tab 9,W14 j By r Davi M.Carey,Assi tit Secretary State of California County of Contra Costa On October 22 2004 before me, Randall Y. Cross personally appeared Kathleen Beck Personally known to me -or- E]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 ONDALL Y.CROSS the instrument. commMion# 1464539 Norr Pub#C-c000 Ccxma Costo Count,A WITNESS my hand and official seal. Signature of Notary Public ---------------------------------------------------Optional--_----_--------------------_ Though the information below is not required ley 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 Development Co. Duplicate Original 470000623 CCC Maintenance Bond for RA 1099 Document Date: l.Q[ /04 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Individual Individual FI Corporate Officer 0 Corporate Officer Title(s): Title(s): Partner-��I-imited General F� Partner-Flimited [General Z Attorney-in-Fact Attorney-in-Fact Trustee k Trustee ,age. [l Guardian or Conservator �, � D Guardian or Conservator 5� f7 Other : _ Top of Thumb Here F1 Other: Top of Thumb Here Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of Contra Costa On October 25,2004 before me, D. Panteles i (DATE.) (NOTARY) personally appeared A.T. Shaw SIGNERf53 ® 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. g, PANTRES Comm.#1298585 WITNESS my hand and official seal. �. NOTARY PUdLtC-CALIFORNIA 0 Contra Coate County qty Comm.Expires Mare119,200 NOTARY'S SIGNATURE 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 Q INDIVIDUAL CORPORATE OFFICER Security Bond for Iprovement Warranty Agmt. President TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) 2 ATI C}RNTY-Illi-FACT NUMBER OF PAGES E] TRUSTEE(S) [� 004 GUARDIAN/CONSERVATOR October 25, 2DATE OF DOCUMENT OTHER: OTHER SIGNER IS REPRESENTING: RIGHT THUMBPRINT -�� NAME OF PERSONS)OR ENTITY(IF OF SIGNER 0 CL a APA 5/99 VALLEY-SIERRA, 800-362-3369 ACTION BY THIS BOARD OF DIRECTORS OF � HOFMANN LAND DEVELOPMENT LOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, Individually and collectively consent, by this writing, to take the following actions, to adapt the following resolution., RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to'-the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all band agreements. This consent is executed pursuant to section 307,.subdivision (b) of the California Corporations Code, which authorUes the taking of action of the Beard of Directors by unanimous written consent without a meeting. Dated: August 'i, 2000 ' Kenneth . art, Director Albert T. Shaw, df ctor ennon, Director omas A, Whalen, Lel Dennis M. Brew, Director Richard L. Greene, Director TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: November 30, 2444 SUBJECT: Approval of Improvement Warranty AgrBement for Road Acce tante 00-41499. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2404! 612 for RA 00-01499 (cross-reference Subdivision 98-08166), approval of Improvement Warranty Agreement,being developed by Hofmann Land Development, Byron area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON{SFOR RECOMMENDATION S: The sidewalk curb and adjacent pavement With profile slopes less than 1%Will be warrantied for five years. CONSEQUENCES OF NEGATIVE ACTION: Improvements will not be warrantied. Continued on Attachment: SIGNATURE ECO:MMENIDA'TION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOATED COMMITTEE ,-APPROVE OTHER SIGNATURES : '- ACTION OF B A ON_ NOVE CER 30, 2QQ�4 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 l date shown. AYES: NOES:_ ABSENT: ABSTAIN: ATTESTED: NOVEMBER 30, 2004 G:1{irpDatalEngSycNB012004\7 1-30-041RA 00-01099 Order 15.doc JOHN SWEETEN', Clerk of the Board of Qrig,Div: Public Works(FS) Supervisors and County Administrator,_ Contact: Frank Navarro(313-2264) Pubic Woe"- T.$e8,Construction K 77ah%Engineering Current Planning,Corant;nay Devetopmeat T—September 30,2009 H.ftnann Land y optrzn 1380 Galaxy By J Deputy _ Concord,CA 94520 Liberty Mutual Insurance Company I Front Street,Sia 870 Sat!Francisco,CA 94111