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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-734 Adopted his Resolution on November 15, 2005 by thefokiwi. vote. AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None 1-11'.if 1111111.Maid.-o n-11,111i .fl,111 fllil S +E ' ': Aute fz nExecution f an Amendment to Subdivision Agreement, S UBJE pp S )aivis n 04.08839,Martinez area. (District:1) The following n substitute secur t to ' arra .tee_the road and.drainage mpro v mems e u* e ' hb Title �, of the County Ordinance Code way presented for hoard approval this date: Security with Davni II Development,ILC, as pnncipal,in the form of a corporate surety bond.(Band No. 720338 dated September 21,2005, and issued by Indemnity Company ot California the amount of $358,975.00dor faithful erfo rm .e and$181,250.00 for iaDor and materials. NOW THEREFORE BE IT RESOLVED that the above"- entidned corporate surety band may be substituted in lace of a portion of the cash security provided.by DavniII Development, LLC, as required under the Sub►div sior Agreement approved y the Board on June 7, 2005. E IT FURTHER RESOLVED VED that the First Amendment to Subdivision Agreement ". :mendmen" is here APPROVE , and the 'odic Works Director r'hi designee is AUTHORIZED to execute the amendment,to allow substitution of the above-mentionedcorporate sur+ ty n .in accordance with�e terms . : and conditions set forth in the Amendment. E IT FURTHER RESOLVED,that the Public Warks D irector is AUTHORIZED to refund a total of $489,375.00 of the cash deposit(Auditor's:deposit Permit No.444714,dated May 19,2 005,,in the mount of $5,43,750),retaining$54,375 as the eash deposit,plus interest in accordance with Government Code Section 530792, � `appropriate, to: avni III Development,LLC. '. All deposit permits are:on ine with the Public Works Department. rtment. I hereby certify that this is a true and correct copy of an JD-.rm action taken and,,entered on the minutes o the Board of Supervisors on te date shown. Originator: Public Works E.S Contact.* Kevin Emigb 313-2233 'ray,I.D.552-13-2960 � """.► �" cc: Director of Community Development ATTESTED.-A.' PublicWorks .. ca rating JOHN S, ETEN, Clerk.of the Beard of Supervisors and -Construction -Engineering Chanty Adrmnistrator Davi 11Dl ,eve+�prr ent, ��,A,ttn':David I' a�rger� I 8 Hillside Court,' erkeley,'CA 94704 Indemnity Company of California,A tn-.Robin S.Westfall 2999 Oak Road,suite 420,Walnut Creek,CA 94597 ByDeputy RESOLUTION NO.2005/ M-14 883 OA N `20: :VM . �MPOR WU,a e Ga and I Ci i i il i rro..m me I � j�::U:�:BDIW 77 Pe r ayml -� 10) � � ► � � A0 NT The developer��ci�� a a d visio . agreement with theL� � �n Ca"tri to and fir e d +tither'' � r � its in zi ed:L o Le S � " s, phi iLVLaid.,L work wit e L C PT�Plj�fi= L Oj�o L C *IOL:Joe I h L fied fj)t al aws I �s t� re d r i � t � t orad tior f Mai � c car a d subdivision, niL 11av v c omen �� .te. � GT �: � Ind exist �d�r t� the Mate � � 4 t ancsurety er aP4 bU ur executors o CL ad L Mj'nj�SLttatoL r SL CLalij��to po red :S "jafte n L L ty :COL a Assignee under st thea c v =ty Siibdivision AeTeement, �'ayLm t:' x drd �. the ho d � � r dr a�.�t Doll JL to sectire 6 V' 3. � . . LL � Condi � �S. � � tt �. . �..� i such� .t "� �r r pMd eirs executors,'�.d�� tr�t ��, S C eSsOM or�S g. , �h � thLoz: �t�d to . b�, � t �� an t � � n. t ct � r � �t� � �t � � t� .t n 'Made th r n turd t � � �" p crf6rmed:�:at he x t � saVe farm s th � y �` tr � St ► city assignee)its 0 d_L: is thee 10 ate( $*n shall:be P LL n��ani. Otherw shall b and ��' t MaitL 0 f the obligati L secured and in . ti t t� ace: tcidrr teee r shah ftjlUd�reasonable costs, Xp=es ani �� nreasonable � me ` '+� Md the� �� onft'! costa(or'city, si nce ire'�� c� crc n � l� tc tamed cots and incucd in nent rrd. + or dit or �`this .ob i� do as to Section (2.B.) above, i such that said principal and the O The u,dersigne , 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 axed referred to ire the a�or�sa'd Civil Cade, for mater*a s furnished, labor of any kind,, r for amounts due unoer the Unempl�ym ent Insurance .dot with respect to such wort or labor and that said s:ur �� l pay the same in ars amount not exceeding the amount herein above set fortn and also, incase suit is broom h upon this bond, wi11 pay, in addition to t� fain thereof`,reasonable costs, expenses � �` s, inc reasonable attorney's fees incurred by the County of Contra Costa or city assignee)in ssuch obligation., to be awarded and fixed by the court, all to be taxed as casts and to be included in the judgement herein'rendered. It e r g e res l�st' l .ted and agreed that this bon shall inure to the benefit o f an �d all persons, o p a anal corporation entitled to file ela'�s nder Title c nvnen m �� Section 3082) 'Fart 4 of Division.3 of 1he Civil Code,so as to gda right of action to tae: 6r'their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully perform.ecd thea this obligation shall become null and void; otherwise it shall be mid remain in full Porde and effect. No alteration of said subdivision agreement or y plan or pec ficatior of said or agreed d to by o the pn'*ncipa and{the County of`Contra ra Costa or city assignees shall relieve the surety Pimm liability on this bond;,and consent is hereby given to make such alteration without f rther notice to or consent by the surety; and the surety her by mve e provision: of Q fo nua Civil Code Section 2819 and holds itself bound without regard to and independently of any action Agmnst the principal whenever taker. September 2005 A ED SIG14ER 141)SE L on PRINCIPAL: Davni II Development, LLC E Indemnity Comany of California Address: A Hillside Court Address Oak Road ulte 420 City: tEke .e Zig; o �"'alr u Creek ip: 945' B � . - B : W-_-_7W e4ow Print Nam e; ay . MS �. print Name: I.S2bin Title. Mara lftMemb e r Title: Attorney-in-Fact Mmwla Oc Rev_November 28,2000 STATE OF California `S. COUNTY OF Contra Costa On September 21,2008 before me, Gregory MRribyl,Notary Public PERSONALLYAPPEARED Robin S.1111'estfall person ) igvvn to ane(car proved to me on the basis oj'.satisfactory evidence)to be the personl)whose name islaw subscribed to the within instrument and acknowledged to me t ech AwlshelA executed the same'in4w,*1hrltkek•authorized ca achy( ,and that lyJ#k11er1*ter ,��tn�ztut �3rt the instrument the e�s��a GREGORY �'�. g � p �car the entity upon behalf' Commission 1365140 of-wh ch the ,person acted,executed the instrument. Public � .1`' _ Notary Co WITNESS n hand and of al seal. MyCam.moires Aug 15,2005 r WOW. Signature Gregory M.PrEbyl,Notary �"f�p.�area y -or Official Notarial `cel OPTIONAL Though the data below is not required by lair, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL` EJ CORPORATE OFFICER Bond#?20338 ► TITLE OF TYPE OF DOCUMENT TITLE(S) EJ PARTNER(S) IMITEL El GENERAL L. ATTORNEY-IN-FACT NUMBER JE PAGE TUTEE EJ GUARDIAN/CONSERVATOR D OTHER; September 21,2005 DATE OF DOCUMENT SIGNER'IS REPRESENTING: NAME OF PERSON(S)OR E "IW(IES) Indemnity Company of California David S.Ma gen SIGNETHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT WLEDt EMEN'T .. VT=0 S-- DISCLOSURE'RIDER Terrorism Risk Insurance Act of 200 The Terrorism Risk Insurance rance .ct of 2002 created'a three-year ear pro ran.under which the Federal. Government will share in the payment of covered losses caused by certain. events of international terrorism. The Act requires that we notify you of certain components of the Act and the effect, if any,the.;pct will have on the premium.charged for this band.. Mader this program, the Federal Government will cover 90% ofthe amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Ir surance carriers must also :meet a variable deductible established by the Act. The Act also establishes cap of 100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety, insurance. i ne Act does net, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded .by the tern.s of the bond., or by operation of law. No additional premium has been charged for the terrorism:coverage required by the.pct. Developers Surety and Indemnit ►Company Indemnity Company of California 17780 Fitch,quite 200 Irvine,CA 92614 (949)263 3300 www.inscoDico.com IBJ-1498(Rev.5/03) POwER OF ATTORNEY FOR DEVELOPERS SUETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-330 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS'SURETY AND INDEMNITY COMPANY.,and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Robin S. Wes all, Gregory M. Pribyl, Daniel Livsey, Stephen G. Boddie,jointly or severally*** s ; 's as their true and lawf2l Attorney(s)-ir�wFact,to make,execute,deliver and acknowledgc,for and on behalf of said c�rporatron s,a sureties,bonds undertakings and contracts of suretyship vin and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper i' revocation and to be done in connection therewith as each ofsaid corpr�ratitans could do,but rGservng to each of said corporations fall power of substitution and , all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. s This Power of Attorney is ranted and is signed b facsimile under and by authority of the following resolutions adapted by the respective Board of Directors o rs ,y y DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,cfTcctive as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice``President of the corporation be,and that each of them hereby is,authorized to the attorney(s)s name in the Powers of Attorney to execute,on behalf cif`the corporations,bonds,undertakings and contracts execute Powers of Attorney,qualifying y(. ) y of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized:to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or ccrtifcatc bearing such facsimile signatures shall bevalid and binding upon the corporation when so affixed and in the fixture with respect to any bend,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY LAITY COMP.ANY OF CALIFORNIA have severally canned then;presents to be signed by their respective Executive Vice President and attested by their respective'Secretary this I st day of February,2005. 1 Al N. Daviel H.Rhodes,Executive Vice-President �.' ',.•* tjt* �i,� ; P 0 .41" 4 . co. OCT. .,.� ,�. _ OCT.5 W10t"? 1967Zo By: i :i `. p i Walter A.Crowell,Secretary , how .� �► "O!"A tl f�#A111 i SOON Tt STATE OF CALIFORNIA )SS. COUNTY OF ORANGE' ) Can February 1,2005,before me,Vita G.Hiff"meyer,personally appeared David H.Rhodes and'Walter A Crowell,personally known to me(or proved w t t executed the t me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that...hey.... instrument. same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the rns ru nt. WITNESS my hand and official seal. NIDA G.I IIA MEYE COMM.#1543481r NOIARYPUSUC CA wowtA Signature .. ORANGE COUNTY � t rhm.fires Jan.10,2009 CERTIFICATE The undersigned,as Executive Vice-President;of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF provisions f hereby certify that the fore oin Power of Attorney remains in full force and has not been revoked and.furthermore,thatthe ro isions o CALIFORNIA,does 1 � y� y _Y f the e this Certificate. the resolutions of the respective Boards of Directors of said corporations set forth in the Pc►�ucr of Attorney,are in force as o 1 e da e of Ccs 21st September 00 This Certificate is executed in the City of Irvine,+California,the day of , By David L,Kerrigan,Executive Vice-President ID-1380(Rev.'2/05) ii iiW CALIFORNIA ALLemPURPOSE ACKNOWLtuGMENT STATE F CALIFORNIA COUNTY OF CONTRA COST ic, personallyon before me LISA An DAIZILEL, Notary Publ*: appeared 0 Personally known to me Proved to me on the basis of satisfactory evidence jS To be the person(�� whose name( subscribed to the within instrument and acknowledged to me that We AIKY executed the same in sf,/t*ir authorized, r and that brjthLejLr signatureon the instrument the person , or the en 71ity upon behalf of-which the person�rj acted,, executed the 'instrument. M#i•ir•f fM M fff♦f�M f�Y s fnf f fi11 f MfY i fMf!f111R#Ahf i Mff f M•s w�f IIIM�!IIIA i Mf f AIM.f 1�•f:f • Wr" SS my bare a ►,,, raseal, AM- 10A .ISAA.EE . ro ` Commission# 1377110 Notary Public - California �' � Contra c t til' Signa € of l'tt'"� b f My Comm.Exp esSepX +� f tf i fi M IOIi i+M1•#.M•4r•fMM i�i fIIIM•iMr f IMi•ff1M f ffi f M/i fMlw 8#iMl f f/!M ifM f�f flMf i�:f