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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-621 r THE BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY, CALIFORNIA Adopted this Resolution on November 30,2004,by the following vete: AYES: SUPERVISORS GIOLA, UILKEIIA, GREENBERG, DESAULNIER AND CLOVER NOES. NONE ABSENT: NONE t ABSTAIN: NONE RESOLUTION NO.2004/ SUBJECT: Approving the Improvement Warranty Agreement for Subdivision 98-08166,being developed by Hofmann Land Development Company,Inc.,Byron area(.District III). 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 Hofmann Land Development Company,Inc., 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 elate 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 KD1 rm taken and entered on the minutes of the Board of Supervisors on the G:tGrpDa%TngSvr\H0\2004\l1-30-04\SD 9M8166 130-15.doc date Shown. originator: Public Worley(ES) Contact: Janet bowling(313-2358) cc: Pubic Works- T.Bell,Construction ATTESTED: NOVEMBER 30, 2004 Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County T—9/30109 Hofmann Land Development Administrator 138D Galaxy Way Concord,CA 94520 Liberty Mutual Insurance Company 1 Front Street,Ste.870 San Francisco,CA 94111 By y Deputy RESOLUTION NO.2004/ 021 r SUBJECT: Approving of Improvement Warranty Agreement for 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: I. Cash Bond ° Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP 401184 Date: February 27, 2003 Submitted by: Hofmann Land Development Company, Inc. Taxpayer identification number: 68-0419482 11. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number and Date: 070000696 July 29, 2004 Performance Amount: $66,800.00 Labor&Materials Amount: $33,900.00 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. 2004/621 IMPROVEMENT WARRANTY AGREEMENT 01 (After Construction is Complete) (Government Code §§ 66462 and 66463) Development: Subdivision 8166 Effective Date: IDID4 Principal: Hofmann Land Development Co.,Inc. Maintenance Period: 5 Years Bonds: A. Cash: $1,000.00 B. Surety: 1. Faithful performance&maintenance: $66,800.00 2. Payment for labor and materials: $33,900.00 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. M'ROVEMENT WARRAN'T'Y. Principal warrants that the curbs and adjacent pavement and sidewalks,thl 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. IMPROVEMENT 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: $66,800.00, 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: $33,900.00, which is 50°l0 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. Said payment bond to become null and void six months after the completion of warranty. 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 liabilities 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 allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County completed the review of the improvement plan or accepted the improvements as completedand 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 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. NODI-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 Subdivision 8165 for maintenance. CONTRA COSTA COUNTY: PRINCIPAL,: R Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc. By. By. u A.T. Shaw,President RECOMMENDED FOR APPROVAL: By: ' ngineering Services Division FORM APPROVED: Victor J.Westman,County Counsel G:1GrpDatalP.ngSvclChrislProjects\Discovesy Clay WesMUB 8166lSUB 8166 Warranty Agrmt..doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of f f' l OPTIONAL SECTION County of n art '`rt CAPACITY CLAIMED BY SIGNER on ,21,7 _k, before me, ��� r"`` r � L t[w!�y � Though statute does not require the Notary to tilt to DATE _ NAMFh TiTt,e OF OMCEIR .o.,"JANE 5631,NOTARY MOM- the data below,doing to may prove invaluable to personally appeared t 11 a 4c,L, persons relying on the document. NAME(S)OF SIONBR(S) G INDIVIDUAL personally known to me•OR-G proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITI.i?(S) subscribed to the within instrument and SANDRA K. CURAil , acknowledged to me thathe/sWthey executed D PARTNER(S) 0 LIMITED Comm.q 1296579 the sante in hislher/their authorized NOTARYPUKiC-CAUIORN1A capacity(ies),and that byhisiher/their U GENERAL Costa coumty signature(s)on the instrumeztt the person(s)or TRUSTEE(S)GE `IN-FACT 5.'4. y Com .Exnscas Mara 9, the entity upon behalf of which the person(s) acted,executed the instrument. G GUARDIAN/CONSERVATOR 0 OTHER: WFNESS my hand and,official seal, SIGNER IS REPRESENTING; ,&4A-a- (NANM OF PERSON(S)OR$NTITY(MS)) NJUNA WRL+OF NOTARY OPTIONAL SECTION THIS CERT'IFICA'TE MUST"HE 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 reattachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents, Signatures requited on documents must comply with the following to be acceptable to Contra Costa County. I. E R ALL SIGNATUIMS - The name and itlterest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. > II. LQNAT=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, SICx I �5 FOR I'AR I HIf'S ' Sign ng party must be either a general partner or be authorized in writing to have the authority to ss mor bind and b tete artn:ership. IV. SIGNAII=SIGNFOR CQRPORATit'NS Documents should be signed y two officers,one from each of the following two groups. GROUP 1. {,}The Chair of the Board ({a The President c Any Vice-President GROUP 2. NO The Secretary An Assistant Secretary The Chief.Financial 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 resolution 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 on] 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." X,aW IaMS4%11ARDATA1Grpl>ataSP rgavC\FoMNWORD F©RWALL PLWOSP.NOTARY.d" COUNTY OF CONTRA COSTA DEPOSIT PERMIT � OFFICE OF COUNTY AUDITOR-CONTROLLER To THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER / j tC1r8aaerimYion) (Por Cash Collection Procedures see County Administmtor's Wletin 105.) DESCRIPTION FUND/ORG. SUB, TASK OPTION ACTIVITY AMOUNT F r F F F F F F F F F } F F F F F F r i /01 300 11. 1 ? fill I If it' ll 11 1 1 it - fill 11. 1- 1 1 till III— F EXPLANATION: TOTAL. $ ;f f �' iC n '"_ , / DEPOSIT r 0 Deposit consists of the following ems and CURRENCY -/CH S.MC7 ETC. $ BANK DEPOSITS $FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D__ NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the tCounty Treasury. acknowledged. Signed: r--4 % } L7ate` + !j f #,� Signed:, ,t..� v� i Title %.b{ fr / 3f T. ,' Deputy aunty Audi r Depufy'County Treasurer ( i ,.34 REV.(7-93) 819800-0800: G1115498, $2,500.00, Cash Bond for Flood Control Permit 617-99, LFR Levine Fricke, 1900 Powell Street, 12th Floor, Emeryville, CA 94608 819800-0800: 611155001 $1,000.0U, SUB 8166 Cash Bond for 5 Year Improvement Warranty Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61115501, 1,000.00, SUB 8167 Cash Bond for 5 Year Improvement Warranty Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61115502, : 4,800.00, RA 1100 Cash Bond for Road Improvement Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 8198030-0800: 01115503, $1.000.00, RA 1120 Cash Bond for Road Improvement Agreement, Hofmann Land Development Company, Inc., 1380 Galaxy Way, Concord, CA 94520 000649-9665 I 831000: 61115499, Shea Homes (Northern California Division), 2580 Shea Center Drive, Livermore, CA 94550 $93,260.00, SUB 7562 Improvement Plan Review ,$60,304.00, RA 1145 Road Acceptance Review 000682-9752 1819200: 01115572, $812.00, Dougherty Road Maintenance Fee (COA), Brookfield Homes, 5960 Inglewood Drive, Suite #200, Pleasanton, CA 94588 r Development: Subdivision 8166 Bond No.: 070000696 Premium: $3,0306 SECURITY BOND FOR IMPROVEMENT WARRANTY AGREEMENT 1. RECITAL OF IMPROVEMENT WARRANTY AGREEMENT.- Principal has executed an improvement warranty agreement with the County of Contra Costa to maintain and repair curbs and other affected improvements for Subdivision 81616_ at principal's expense for a period of five years, as specified in the improvement warranty agreement, all in accordance with Mate and local laws and rulings thereunder in order to satisfy conditions for filing of the final reap for said subdivision. 2. OBLIGATION: Hofmann Land Development Compal as principal and Liberty Mutual insurance Company a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance and Guarantee:Sixty Six Thousand Eight Hundred and 00/100ths*** Dollars ($ 66 800.00***"* }for Contra Costa County or any city assignee under the above improvement warranty agreement. B. Payment: Thirty Three Thousand Nine Hundred and no/1O0ths***** wais($ 33,9017.00***** } to secure the claims to which reference is made in Title XV (commencing with Section 30)82) 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 perforin 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 perforated 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 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,inured 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 bond. 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 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. SIGNET?AND SEALED on July 29,2004 PRINCIPAL: Hofmann Lana Development Company SURETY: Liberty Mutual Insurance Company Address:- ` ; Address: t Front street,sty.ego City: Zip:c Zip: City: San Francisco,CA .lip. L to 11 Print Name: ,r. , r .` ,er f Print Name: Deborah Baker Title: t t 1 J 2- Title: Attorney-in-Pact dRrrnti:3a G i(i llata+EttgSvr+PatraEd`.2t 32U tne,Tisco Bay Wamntp Agmt Bond.doc Rev.June P3,2M 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 lire 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 1274549 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REL}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. 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.MOAN,MATTHEW J. DRUIVIRIGHT,DEBORAH BAKER,ALL OF THE CITY OF CONCORD,,STATE OF CALIFORNIA....... ...... . ..».,.. . ......... ...... .. ............... . ., ......... ..................................... .....,......".......................... . ..::............ .... ......... . .............. ..., ............... .............,.........,............. each individually if there be more than one named,its true and lawful attorney-in-fact to snake,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,anV and all undertakings,bonds, recognizances and other surettyy obligations in the penal sum not exceeding FIFTY MILLION AND fttll1t10*"**.*.��,.: »Fx.xw. DOLLARS(s 50,000ago each,and the execution of such undertakings, bonds, reabgnixances and other surety obligations, In:pursuance of-these presents, shall be as binding upon the Company as if they had been duly 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 th,e following By-law.end.Authonzatiortl 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 attorneys-in-fact,as may be necessary to act in behalf of ft Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such V affomeys-In-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their W t? signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be to CL as binding as if signed by the president and attested by the secretary. 00 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: C Z!� Pursuant to Article Xt##, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby � authorized to appoint such attorneys-in-fact as may be necessary to 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. W That the By-law and the Authorization set forth above are true copies theroot 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 seal of EE. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of April 2!=. M 4) LIBERTY MUTUAL INSURANCE COMPANY Ai C3 r'p> B , I r ;r to Garnet W.Elliott,Assistant Secretary r g? COMMONWEALTH OF PENNSYLVANIA ss ED COUNTY OF MONTGOMERY �#+ COn this 29th _day of rji ,before me,a Notary Public,personally came Gamet,W, Elliott,to me known,and acknowledged EO•C 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 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMC7NY WH to subscribed my name and affixed my notarial seal at Plymouth.Meeting,Pennsylvania,on the day and year O first above written. sw , ,.. r r Qa PWO1ta.NINr~y atrbk C3 C C3 $°� P?ynivwt C4a. ldnr 4 mn 3 y G �7fiy {? y C Rtnixp.t Mar,<9. p5y Member,Pan ren ansa as o::,atim ot,i"#r Ter sa Paste#ta,Notary Public cy CERTIFICATE I,the undersigned,Assistan ecretaty.of Liberty Mutual Insurance Company,do`.hereby certify that If original power of attorney of which the foregoing is a full,true and correct Dopy,is in full"tvres and effect on this date of this certificate;and#do further certity.that the officer or official who executed the said power of attorney is an Assistant Secretary specialty authodzed'by the chairman or the president to appoint attorneys-in-fact as provided in Article Xll#,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 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 29th day of By r DIVA M.Carey,Ass' t Secretary ,r State of California County of Contra Costa On July 29, 2004 ,before me,Randall Y. Cross personally appeared Deborah Baker ZPersonally known to me -or- []proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) and that by his /her/their signature(s)on the instrument the person(s)or the 4r.,- entity upon behalf of which the person(s) acted, executed RANDAU Y-C the instrument. {N CMMWk)n#1464539 ' ter PubfiC.Crffitomlo coft WITNESS my hand and official seal. COM.Eq�w3mr.2OUff „t n, Signat' e of Notary Public ---------------------------------------------------9ptional--__-------_-----------------------------------------_----- Though the information below is riot required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ]Description of attached Document Title or Type of Document: Hofmann Land Develoomeznt Bond 070000696 for Contra Costa Coun Document Date: 07jZ9104 - - Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: D Individual M Individual 0 Corporate Officer F1 Corporate Officer Title(s): Title(s): 0 Partner'-01-imited DGeneral 0 Partner-[Limited DGeneral Attorney-in-Fact ❑Attorney-in-Fact El Trustee Trustee MGuardian or Conservator F� Guardian or Conservator � 0 Other : Top o°Thumb Here El Other: Top otThumb Hera Signer is Representing: Signer is Representing: Liberty CALIFORNIA 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 seal Comm0, PANTELES #1296585 � NOTARY PURIC•C,IUFMA Y4f Coon Cmm Caaitq a MY Comm.EXOM Afmb9,240! Signature . . ......................................................... Reference: Security Bond for Improvement Warranty Agreement Date: August 3, 2004 Pages: 2 ACTION BY THE BOARD OF DiRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his atithorized 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 bond agreements. This consent is executed pursuant to section 307,subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Boarcl of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 Kenner . a n, Director Albert T. Shaw, DI ctor ennan, Director omas A, Whalen, Of Dennis M. Draw, Director Richard L. Greene, Director TO: BOARD OF SUPERVISORS ell ir FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: November 30, 2004 SUBJECT: Approval of Improvement Warranty Agreement for Subdivision 98-08166. SPECIFIC VQ'UFSr(S)OR 1MCOMMMI)ATMIONT(S)7 BACKGROUND AND JUS'nFICATION RECOMMENDATIONS): ADOPT Resolution No. 2004/ 621 for SD 98-08166, approval of Improvement Warranty Agreement, being developed by Hofmann Land Development Company, Inc,, Byron area. (District 111) FISCAL IMPACT: None. BACKGROUND/REASON($)FOR RECOMMENDATION(S): The curbs, sidewalks, and adjacent pavement with profile slopes less than I%will be warrantied for five years. CONSEQUENCES OF NEGATIVE ACTION: There will be no five-year warranty. Continued on Attachment: SIGNATURE: I-RECOPPERDATION Z;F MUSTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE --APPROVE HER SIGNATURE(S) ACTION OF BO O ZFMR 30APPROVED 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: NOVEMBER 30, 2004 G:kGrpVatsXngSvc\BOU2004\l 1-3""D 99-08166 Order I 5,doc JOHN SWEETEN,Clerk of the Board of Orig.0M. Public Works(ES) Supervisors and County Administrator. Cantstet: Frank Navarro(113-2264) cc: PUJ>jC W0Yk&- T.Be11,Coftatfuution Current Planning,Community Development T—9/30/09 Hafirn.na Land Development 1380 Cialaxy Way Concord,CA 94520 By Deputy Liberty Mutual Inwran*Company I From Strew Sea.�870 San Francisco,CA 941.11