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HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-033 �ra THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 26, 1998 by the following vote: AYES: SUPERVISORS GIOIA, UIlffZAA, GERBER, DeSAULNIER AND CANCIAMIL1.A NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.99/33 SUBJECT: Amending Drainage Improvement Agreement, Subdivision 7969,Byron area. The following substitute security to guarantee the drainage improvements during the warranty period as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Land Factors Incorporated as principal in the form of a corporate surety bond (Bond No. 422113 S) dated November 30, 1998, and issued by Developers Insurance Company in the amount of$1,020.00 for 15 percent warranty maintenance bond. NOW THEREFORE BE IT RESOLVED that the Agreement approved by the Board on April 1, 1997, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the$6,800.00 Bond No. 4221135 dated March 5, 1997. All deposit permits are on file with the Public Works Department. TC je G:\GtpData\EngSvc\BO\1999\Bo 1-26-99.doc Originator:Public Works(ES) Contact: Rich Lierly(313-2348) ec: Public Works -Accounting -R.Bruno,Construction Cwrent Planning,Comtnututy Development 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 date shown. ATTESTED: b t PHIL BATC ULOR, C14V.Lr Of the i;0"I'd of Supervisors and County Administrator By %AaMA2iV_ .Deputy slow _ i r ICS RE P L A C M E N T ORIGINAL MAINTENANCE BOND BOND NO: 4221135 PREMIUX $ NIL INCLUDED IN PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we, LAND FACTORS INCORPORATED , as Principal, and DEVELOPERS INSURANCE COMPANY a corporation organized and doing business under and by virtue of the laws of the State of California and dulylicensed to.conduct surety business in the State of California,, as Surety, are held and firmly bound unto CONTRA COSTA COUNTY as Obligee, in the sum of ONE THOUSAND TWENTY AND .NO/100ths --------- (g 1,02.0.00 ------- Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: SUBDIVISION 7969, CAMINO DIABLO/BIXLER ROAD, BYRON, CA JOB NO`. 93176 WHEREAS, said agreement provided that Principal shall guarantee rgplacement and repair of improvements as described therein for a period of one year following final acceptance of said improvements; NOW, THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become appa-rent during the period of one year from and after acceptance ofthe said improvements by Obligee,then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this_-30th -- day of NOVEMBER t 19 98 LAND FACTORS INC. DEVELOPERS m CE COMPANY Principal BY: FRANK R. —OLSSON ------ Atwmcydr-Fact 17780 Fitch Irvine, CA 9271.4 (714)253-3300 r FoaM)to•aa1 wEv.W/** I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 Stag of CALIFORNIA County of rnwTRA cnsrA On 11/30/98 before me, M. A. ATWATER — NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' personally appeared FRANK R. OLSSON NAME(S)OF SIGNER(S) 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 ac- knowledged 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 the instrument. , ^AVAM WITNESS my hand and official seal. Not �. nny Carnrm&4*a*out I o,ZW SIGNATURE OF NOTARY OPTIONAL. Though the data below Is not required by law,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 17-1 CORPORATE OFFICER MAINTENANCE BOND NO. 4221135 TITLE OR TYPE OF DOCUMENT T (s) C� PARTNER(S) E LIMITED El GENERAL 1 C� ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR 11/30/98 CJ OTHER: DATE of DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR€N1TrYVEsy DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 1 ' • POWER OF ATTORNEY OF Ilk cMNITY COMPANY OF CALIFORN. AND DEVELOPERS INSURANCE COMPANY P.O.BOX 19725,IRVINE,CA 92623•(714)283-33tii7 N! 042795 n -^ +NOTICE. j. Aq power and auewft issreln Wwftd shay in any went twff* do on the 31st day of L4wch,1999. 2. This Power of Attorney is void If aitered or If any portion is areal. 3. This Power ofAttorrv9y is void unkm the aw is readable,the tend is in brown ink,the signafteiss are In blue Irak and this, is in blue ink. 4. This Power of Attorney sinould not be returned to the At om"(s)-im-Fact,but should im sh-a permanent part of the obifese's records. KNOW ALL MEN BY THESE PRESENTS,that except as e%prienly,iknited.INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INWPANCE COMPANY,do each severally,but not Jointly,hereby make,constitute and appoint i -w '*"Gregory M. Pribyl,Frank R. Olsson,R. H. Romiguuiere,Gordon J.Fischer,jointly or severally**« the true anti lawful Attomey(s}ln-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as su refts,bonds avid oontracle of suretyship in an smou nt rot exceeding Three Million hive Hundred Thousand Dollars('$3,5110,000)in any single undertaking;giving and grarift unto saki Attomsy(s)-linFsct full power and authority to do and to perform every act necessary.raequieits or proper to be done in connection therewith as each of said corporations could do,but reserving to each of saki corporations full power of substitutlon end revocation;and all of the acts of said Attorney(s)-in-Fact,pursuant M these presents,we hereby retKed and confirmed. This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY CDMPANy OF CALWORNIA;ard DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Viae President of ifis corporatioris be,and that each of them hereby Is,authorized to execute Powers of Attorney,qualifying the attomay(s)named in the Powers of Attorney to execute,on behalf of thecorporationsbonds,undertakings and contrasts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of there hereby Is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that time 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 certificate bearing such facskn is signatures shall be valid and binding upon the corporation when so affixed and in the tuture with respect to any bond,undertaking or contra^:of wrotystrip to which It Is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY hews aaverally r�rssd tttiees to be signed by their respecW ESa Presidents and attested by their respective Secretaries this 3rd day of February,1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY BY ..WL I By 1V� Dant4f.Vincenti,Jr. DentF.Vincent,Jr. freak VPANr resident 1N5 Rq4 YOCT.9 o ATTEST � "..27 1997 Ion By Sy Wafter GroWetter Crowell Secretary Bre STATE OF CALIFORNIA ) . )SS. COUNTY OF ORANGE ) On February 3.1997,before me,Sheds L.Bell,personally appeared Dante F:Vincent�ti,Jr.and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)talar*subscribed to the within Instrument and acknowlediged to rra that hatshe/they exequted the same In hWber/their authorizers capsoity(le s).and that by hlwherttheir signaturs(s)on the Instrument the person(s),or the entity upon behalf-of which the person(s)acted,executed the instnwnent. WITNESS my hard and official sed. 04M L z , �1B Signature _�_�.r-'� COMUMMA ORANDE �: 1Ap G�eIIM1,6�►8 .12,X00 UNTY C:ER'1'IFIt:iLTE The undersigned,as Senior Vice President of INDEMWrY COMPANY OF CALIFORNIA,and Senior We President of DEVELOPERS INSURANCE COMPANY,does hereby cer"that the foregoing and attached Power of Attorney remains In full force and has not been revoked:and furtinermos,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,ars In tome as of the date of this Gertif -sts. This Cartificate Is executed in the City of Irvine.California,this30th day of November .199 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY iANY 4 1N UR N w By • CCT.9 BY • u MAR.27 0 LC.Flebiger 1907 LC.Fiebiger ' 1079 „ Senior Vico President fy r Senior Vice President o v$ 0-313 REV.(3/97)