HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-623 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30,2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKR.LA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 210041 623
SUBJECT: Approving the Improvement Warranty Agreement for Subdivision 98-08167,being
developed by Hofmann Land Development Company,Inc.,Byron area(District 111).
The following document was presented for Board approval for Subdivision 98-08167
property located in the Byron area, Supervisorial District 111.
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 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 C6de; 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
KD:rm taken and entered on the minutes of the Board of Supervisors on the
G:1GrpDats\FngSve\BOU0041I 1-30-04\SD 99-08167 DO-I SA00 date shown.
Originator: Public Works(FS)
Contact: Frank Navarro(313-2264)
cc: Pubic Works- T.Bell,Construction ATTESTED: NQVEMER 1)
Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County
T—9/30105
Hofmann Land Development Administrator
1390 Galaxy Way
Concord,CA 94520
Liberty Mutual Insurance Company
I Front Street,Ste.870Deputy
San Francisco,CA 9411 I By
RESOLUTION NO.2004/ 623
SUBJECT: Approving of Improvement Warranty Agreement for Subdivision 98-08167,being
developed by Hofmann 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:
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: 070000695 July 29, 2004
Performance Amount: $55,900.00
Labor& Materials Amount: $28,450.00
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. 2004/623
IMPROVEMENT WARRANTY AGREEMENT
(After Construction is Complete)
(Government Code §§ 66462 and 66463)
Development- Subdivision 8167 Effective Date: )
Principal: Hofmann Land Development Co.,Inc. Maintenance Period: 5 Years
Bonds:
A. Cash: $1,000.00
B. Surety:
1. Faithful performance&maintenance: $55,900.00
2. Payment for labor and materials: $28,450.00
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.
RvIPROVEMENT 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.
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: $55,900.00, 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 Nvork 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: $28,450.00, 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. 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 Counq, 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. Inderemities, 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 nor-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.
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 Subdivision 8167 for maintenance.
CONTRA COSTA COUNTY: PRINCIPAL:
Maurice M. Shiu,Public Works Director Hofmann Land Development Co.,Inc.
r
By: i By:
A.T.Shaw,President
RECOMMENDED FOR APPROVAL:
By:
ngineering Services Division
FORM APPROVED: Victor J.Westman,County Counsel
G:Af.ii-pData\EngSirc\ChrisyProjects\1-siscovcry Bay West\SEAS 8167\SUS 8167 Warranty Agnnt.circ
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of 4 !; t t -'rZ rI r`Ci OPTIONAL SECTION
Cotmty of YA P=: "a '
CAPACITY CLAIMED By SIGNER
on p r rC before r ��,�t /C. °c�, �' /mit A/c- Though l � , Though statatt dace not require the Notary to til!In
DATE ` NAht#3 nTLE OF OFFICER&0.,"JANE DOB OTARY FIiELJC" the data below,doing to may prove Invaluable to
personally appeared `' ' 1' persons relying on the document.
NAMB(S)OF SIGNERS) Q INDWIDUAL
personalty known to me-OR-D proved to me on the basis of satisfactory evidence to Cl CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are
subscribed to the within instrument and TITLE(S)
acknowledged to me that he/she/they executed n PARTNER(S) O LIMITED
the same in his/her/their authorized
SANDRA. K. GURRAiV �v capadty(ies),and that by his/her/theirD GENERAL
Comm.#1296579 signature(s)on the instrument the personTRUSTE
s)or U RUSTEdE'Y-tN"FACT
OiARy PUflttC•CALtFORWA the entity upon behalf of which the person(s) G TES)
yr Contra Coat,CoW, acted,executed the instrument. a GUARDIAN/CONSERVATOR
ttI Comm.I xpuxs t�arsi19,ZttO°� D OTHER:
WITNESS my hand an official seat,
? SIGNER IS REPRESENTING:
s. 8d/Lltef_. (NAME OF PERSON(S)OR ENTITY{IBS)?
SIGNAT URB OF NOTARY
0
4 Z W
OPTIONAL SEC"T"ION
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 taw,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 must comply with the following to be acceptable to Contra Costa County.
I.
FOR ALL SIGNATURES -The naive and interest of the signer should be typed or printed BENEATH the signature. The
name mush be si ne exact y as it is typed or printed.
II. IC S FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
M. SIGNATURES FOR.PARTNERS S - Si g party must be either a general partner or be authorized in writing to have
the au onty to sign or an bin a partners
IV. SIGNATURES FOR CORPORATIONS
Documents- should be-signed y two officers,one from each of the following two groups:
GROUP 1. air of the Board
Na({b))The President
c Any Vice-President
GROUP 2, a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
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 sighing 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: s
"...and acknowledged to Tile that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
)CMW
k\PW$4lSILARDATTAV,rpDuattin$SvctPomvlWokD FORMSIALL PURPOSB NOTARY.doc
COUNTY Of CONTRA COSTA
DEPOSIT PERMIT
OFFICE Of COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER: r
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACCT. TASK OPTIONACTIVITY AMOUNT
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0
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EXPLANATION: i _ (� ' / ! TOTAL
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g - _ Deposit consists of the following Items
CQIN and CURRENCY $
�CIIECKS,M.O.,ETC. $
.BANK DEPOSITS S
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 County Tresury. acknowledged.
l �i k.�}
Signed -t-�='z�- J'rr J mix A - cyte
Signed. _ 'p„�r..a._:�._�_�_t �-r—_� � Signed:.
"t r r C3eputy County Auditor Depufy County Treasurer
Title: f. 1 �,. 7(T. (r _ _v
-34 REV.(7-93)
s
819800-0800. 61115498, $2,500.00, Cash Bond for Flood Control Permit
617-99, LFR Levine Fricke, 1900 Powell Street, 12th Floor, Emeryville, CA
94608
819800-0800. 61115500, $1,000.00, 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: G1115502, $4,800.00, RA 1100 Cash Bond for Road
Improvement Agreement, Hofmann Land Development Company, Inc., 1380
Galaxy Way, Concord, CA 94520
819800-0800: G1115503, $1,000.00, RA 1120 Cash Bond for Road
Improvement Agreement, Hofmann Land Development Company, Inc., 1380
Galaxy Wry, Concord, CA 94520
0006499665 / 831000: G1115499, 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 / 819200: G1115572 $812.0 0, Dougherty Road Maintenance
Fee (CdA), Brookfield Homes, 5960 Inglewood Drive, Suite #200,
Pleasanton, CA 94588
Development: Subdivision 8167
Bond leo.: 070000695
Premium: $2,515
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 8167 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 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: Fifty Five Thousand Nine Hundred and 00l100ths*****
Dollars(S 55,900.00**** ) for Contra Costa County or any city assignee under
the above improvement warranty agreement.
B. Payment: Twenty Eight Thousand Four Hundred Fifty and nol100the**** _ DollLais(S
_28,450.00***** }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 tl;e 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
perfon-ned 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,incTi-red
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 (2.13.) 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,,vork 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(conirriencing 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 ally action against
the principal whenever taken.
SIGNED AND SEALED on-July 29,2004
PRINCIPAL: Hofmann Land Development Company SURETY: Liberty Mutual insurance Company
Address: Address: 1 Front Street,Ste.870
City: Zi D:"7 City: San Francisco,CA — P
Zip: 9011
By:
Print Narne: ILT -SfVh4t4 Print Name: Deborah Baker
Title: Title: Attorney-in-Fact
Agnn'tBoild(im!
Rev.)tune it,2002
r
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 bunds 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
s 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 Croup 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 Collars ($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,
LMIC-6539 2,03
1274551
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.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stack 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,DEBORAH BAKER,ALL OF THE CITY
OF CONCORD,STATE OF CALIFORNIA....................................................;. ............ ...... ................................................
.......................................... ......... ......... .......... .................... ..,...... ....,.............:: ........ ................................................
each individually it there be more than one named,its true and lawful attomey-in-fact to make, execute,seal,acknowledge and deliver,for and on its
behalf as surety and as its act and deed,any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIFTY MILLION AND 001100"' �•*•*•* tJt)LLAA� � SU,DOt)it{3(}.tIQ*`•**
( . )each,and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law.:and#Authorization;
ARTICLE X311-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 the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such V
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 H
CL signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be at
a► as binding as if signed by the president and attested by the secretary.
GC) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
4r
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 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. 0
d> That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W
G
M IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of April _ d
2£}C13
C` C et
C i LIBERTY MUTUAL INSURANCE COMPANY I-
r Garnet W.Elliott,Assistant Secretary �+
pj,, COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
ogOn this.29th day of April 2003 ,before me,a Notary Public, personally came Gamet W. Elliott,to me known, and acknowledged
fl•— 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 seat of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
IN TESTIMONY WH ,t nto subscribed my name and affixed my notarial seat at Plymouth Meeting,Pennsylvania,on the day and yearn e
to first above written. p ,..
Co
ate. 1 Zap � Pasar3Sea; Ems'
,r tesdi&P4»1,ejta,Notary Puy:
C1M... P yriw;a�, w�,FAo �rmexy Gvattty : � 1
ti rAy Cu:r nau: i x�res ?a. A J
S+.umber,�rK nsyly. Assoca t,;n of xc,n a TBr Sa PE#St1Ela,Notary Public, Cir
CERTIFICATE t }o.
a4r
1,the undersigned,Assistan cretaiy of Liberty Mutual insurance Company,do hereby certify that the original power of attorney of which the foregoing
is a full,true and correct copy,is in full force and effect on the data of this certificate;and I do further certify that the.officer or official who executed the
said power of attorney is an Assistant Secretary specially authorised by the chairman or the president to appoint attomeys-in-fact as provided in Article
X111,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 heli on the 12th day of March,1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing dpon 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
Jul3� �ntt ,
By
Davi M.Carey,Assi rit Secretary
r
State of California
County of Contra Costa
On July 29. 2004 ,before me,Randall Y. Cross personally appeared Deborah Baker
ElPersonally 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 persons acted, execute
ROSS
0 _ Commission# 1464539 [ the instrument.
Notary Putt-COMMIJO
Contra Costa County WITNESS my hand and official seal.
%FWcornro.DOW Jan 20,2
Signature of Notary Public
----------------Optional-----------------------------------------------------------
;; 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 Land Development Bond 070000695 for Contra Costa County
Document Date: 07/29/04 Number of Pages: 2
Signer(s)Other Than Named Above:
Capacity(ies) chimed by Signer(s)
Signer's Name: Signer's Name:
Individual ❑ Individual
Corporate Officer Corporate Officer
Title(s): Title(s):
n Partner-ElLimited QGeneral 0 Partner-[,Limited []General
Attorney-in-Fact ❑Attorney-in-Fact
❑Trustee r ❑Trustee � r
[� Guardian or Conservator Guardian or Conservatorsrx
Other : Top of Thumb Here El Other : Top of Thumb Here
Signer is Representing: Signer is Representing-
Liberty
s
i
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
"El
21 585
D. PANTELES
COMM.1
011C
NOTARY PU8jjC.CAj*" ,
My Comm.C01144 Costs cowy
M CEqifel Moab#
Signature .......
Reference: Security Bond for Improvement Warranty Agreement
Date: August 3, 2004
Pages: 2
x
ACTION BY THE BOARD OF DIRECTORS OF
HOFMANN LANCE 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 adapt the following resolution:
RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his
authorizers capacity as CEO/President, any and all documents related to the purchase
and sale of real property, any and all documents related to flue approval of tentative and
final subdivision maps, and any and all documents related to land improvement
agreements, smh as subdivision agreements, and any and all bond 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 un'anlmous written consent without a meeting.
Dated: August 1, 2000
Kenneth a n, Director
Albert T. Shaw, t7E 'I
ennon, Director
auras A. Whalen. DI
Dennis M. Drew, Director
Richard L. Greene, Director
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: November 30, 2,004
SUBJECT: Approval of Improvement Warranty Agreement for Subdivision 98-08167.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKOMM5 AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 623 for SD 98-08167,approval of Improvement Warranty Agreement,for project
being developed by Hofmann Land Development Company,Inc.,Byron area. (District 111)
FISCAL IMPACT:
None.
BACKGROUND/REASONIST"OR RECOMMENDATION($):
The curbs, sidewalks, and adjacent pavement with profile slopes less than 1%will be warranted for five years.
CONSEQUENCES OF NEGATIVE ACTION:
There will be no five-year warranty.
Continued on Attachment-- SIGNATURE:
�IZTCOPMENDATIM OF COUNTY AD)MI RATOR
RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNATURE(
ACTION OF BOA
'70N APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS date shown.
XX UNANIMOUS(ABSENT None
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: NOVEMBER 30, 2004
JOHN SWEETEN, Clerk of the Board of
G-_NC,rpData\ErigSvc113()\2004111-30-04\SD 99-09167 Order I 5,doc,
Orig.Div: Public Works(ES) Supervisors and County Administrator-
Contact- Frank Navarro(313.2264)
Pubic Works- T.Bell,Construction
Current Planning Community Development
T—9130105
Hofmann Land Development
1380 Galaxy Way
Concord,CA 94520 By Deputy
Liberty Mutual Insurance Company
I front Street,Ste.970
San Francisco,CA 94111