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HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-034 ARI) OF SUPLRVISORS OF CONTRA COSTA COUNTY CALIFORNIA C'� THE BO s Adopted this Resolution on January 26, 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DeSAULNIEft AND CANCIAMILLA NOES: NONE ABSENT:NONE ABSTAIN:NONE RESOLUTION NO.99/34 SUBJECT: Amending Subdivision Agreement, Subdivision 7969,Byron area. The following substitute security to guarantee the road and 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. 4221225) dated November 30, 1998, and issued by Developers Insurance Company in the amount of$13,070 for 15 percent warranty maintenance bond. NOW THEREFORE BE IT RESOLVER that the subdivision agreement approved by the Board on April 4, 1997, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the $92,800 Bond No. 4221225 issued by Developers Insurance Company dated February 13, 1997. All deposit permits are on file with the Public Works Department. 3C:je G:\GrpData\EngSvc\BO\1999\BO 1-26-99.doc Originator:Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works -Accounting R.Bruno,Construction Land Factors Incorporated 30 Town&Country Drive,Danville,CA 94526 Developers Insurance Company P.O.Box 19725,Irvine,CA 92623 1 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: - 0 PHIL BATC -LOR, Clegg of the Board of Supervisors and County Administrator By Yf td_- . �� I� Y+t"�"" Deputy .r.i.r.�.....� R E P L A C E M E N T ORI G I N A L C ivIAINTENANCE BOND BOND NO: 422122S PREN-11UNI: $ NIL NI CLUDED 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 duly licensed 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 ofTHTRTFEN THOUSAND SEVENTY AND NO/100ths ------ ($13,070.00 =-��----- .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: AREAS, the above named Principal entered into an agreement or agreements with said Obligee to: SUBDIVISION 7969 CAMINO DIABLO/BIXLER ROAD BYRON, CONTRA COSTA COUNTY WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of one year following final acceptance of said irnprovernents; NOW, THEREFORE, if the above Principal shall index nify the Obligee for all loss that Obligee may sustain by reason of any defective materials or worltmanahip which become apparent during the period of one year from and after acceptance of the 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 ' 19 98 LAND FACTORS INCORPORATED DEVELOPERS INSURANCE COMPANY BY�' �IICCrp6r FRANK R. OLSSON ---------- - 17780 ---------- .17780 Fitch Irvine, CA 92714 (714)263-3300 r`ORM)CC•305 REV.10if0 y t AALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of rnNTRAr r. sTA on 11/30/98 before me, M. A. ATWATER - NOTARY PUBLIC DATE NAME,TITLE OF OFFICER•E.G.,-JANE DOE,NOTARY PUBLIC' personally appeared FRANIZ R. OLSSON NAME(S)OF SIGNER(S) 5 5K 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. aA.AWITNESS my hand and official seal. w MyCalm soks 00 10.2= 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, OPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER MAINTENANCE BOND kQ. 422122S "y`mE(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMrrED ❑ GENERAL L� ATTORNEY-IN-FACT NUMBER OF PACES TRUSTEE(S) ❑ CUARDIANICONSRRVATOR ❑ OTHER: 11/30/98 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON($)OR ENTITY(IES) DEVELOPERS INSURANCE COMPANY SIGNER(S)OTHER THAN NAME=D ABOVE +0+1993 NATIONAL NOTARY ASSOCIATION-8298 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • POWER OF ATTORNEY OF r r INuEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY PO.BOX 19726,UMNE,CA 62623•(714)263-3300 N! 042796 NOTICE: 1. All power and ath uority herein granted shall in any event terminate on the 31st day of March,11199. 2. This Power of Attorney Is void if altered or M any portion Is erased. 3. This Power of Attorney is void tarn m the sed Is mad",the text Is in brown ink,the signafteve we In blue irk and this nodoe Is In blue Ink. 4. This Power Of Attorney should not be returned to the AUorr»y(s)-in-Fact,but should rerndn a permanent part of the obligee's recants. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally.but not joindy,hereby make,constitute and appoint *Gregory M. Pribyl,Frank R. Olsson, R. H. Rorniguiere,Gordon J. Fischer,jointly or severally*** the trio and lawful iAttomsy(s)-In-Fact,to make,execute,deliver and acknowledge,for and an behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship In am amount not exceeding Throe Million Five Hundred Thousand Dollars($3,500,000)in any single undertaking;giving and granting unto said Attomey(s)-In-Fact full power and authority to do snd to perform every act necessary,requisite or proper to be done In connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(*ln-Fact,pursuant to these presents,are hereby ratified 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 COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1958: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts 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 thersto by facsimile,and any such Power of Attorney or cartificate bearing such facalmile signatures shill be valid and binding upon the corporation when so affixed and in the tarturs with respect to any bond,undertaking or contract of suretyship to which it Is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severalty caused these presents to be signed by thair respective Presidents and attested by their respective Secretaries this 3rd day of February,1997. L40EMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Q By By— VI • Dant •. rmcexmti,Jr. QCInceft,Jr. ant Cie, ) identATTEST MAR.t7 y1 By— By # Walter Cro Walter Crasweil Secretary Secretary STATE OF CALIFORNIA j )SS. COUNTY OF ORANGE . ) On February 3,1997,before me,Sharia L.Bell,personalty appeared Dante F Vinoenti,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)Is/are subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in hisaherltheir authorized capac"ies),and that by his/her/their signaturs(s)on the Instrument the person(s),or the entity upon behalf of which the peraon(s)acted,executed the instrument. WITNESS my hand and official asst. SignatureUr--" *)W-01119419 11V COWL I*DOL it an CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Viae President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of directors of said corporatons set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate Is executed In the city of trvie,California,this 30 th day of N oyemb er 199 8 INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS iNSURANCE COMPANY �9pPANY SUS a 4Q By L.C.Flabiger 1967 © By L.C.Flabiger MAR.27 _ Senior Vice President y Senior Vice President to79 V ID-313 REV.W97)