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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-034 CONTRA COSTA Cc Recorder Office COY STEPHEN L,r JEIR Clerk-R+ecorderr+� Recorded at the request of: DOC— 200 —@031433-00 Contra Costa County Wednesday, JAN 22, 2003 09:57:45 Board of Supervisors FRE $0.00 Return Works De to: parunent Tt 1 Pd $0.00 Nbr-0001274808 Public Engineering Services Division 1 r C/R S/1-7 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 21, 2003,by the following vote: AYES. SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER, AND DESAULNIER NOES NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/34 SUBJECT: Accepting completion of improvements, declaring a certain road as a county road (Hillcrest Road), and accepting Bond Rider for deficiencies, Subdivision 7582, El Sobrante area. (District I) PE:cw G:1GrpDatalEngSv0BO\20031I-2I-031SUB 7582 B045.doc Originator: Public Works(ES) Contact:Rich Lierly(313-2348) CV Public Works -Tax I.D.77-0280647,Accounting -T.Bell,Construction Div. -P.Edwards,Engineering Services I hereby certify that this is a true and correct copy of an action taken -M.Valdez,M&T Lab -H.Pinch,Maintenance Div. and entered on the minutes of the Board of Supervisors on the date -1.Bergeron,Mapping Div. shown. -T--12-21-03 Recorder(via Ck),then PW Engineering Services JANUARY 1 , Sheriff-Patrol Div.Commander ATTESTED: 2003 CLIP,c%AI JOHN SWEETEN,Clerk of the Board of Supervisors and County CSAA—Cartog T.Moreira,Community Development Dept.,Current Planning Administrator Cerrito Developraml,Inc. 3083 Lawrence Expressway Santa Clara,CA 95051 Clifton Consulting Group By 'Deputy J.Sorenson r e P.O.Box 1513 Los Altos,CA 94023 Developer's Insurance Company c/o Inseco Insurance Services,Inc. 3466 Mount Diablo Boulevard,Suite 104 Lafayette,CA 94549 M.Myers,State Court Receiver 675 W.Foothill Boulevard,Suite 200 Claremont,CA 91711 Westport Associates Insurance Services R.Bergman 1320 Willow Pass Road,Suite 490 Concord,CA 94520 Irene Yao 2971—25"Ave. San Francisco,CA 94132 RESOLUTION NO.2003/ 34 SUBJECT: Accepting completion of improvements,declaring a certain road as a county road(Hillcrest Road),and accepting Bond Rider for deficiencies,Subdivision 7582,El Sobrante area. (District I) DATE: January 21, 2003 PAGE: 2 The Public Works Director has notified this Board that the improvements in Subdivision 7582 have been completed as provided in the Subdivision Agreement with Cerrito Development, Inc.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. The Public Works Department having also notified this Board that these improvements have been completed with the exception of deficiencies, specifically the satisfaction of Conditions of Approvals 14C (masonry wall), 148, 14E &23B (street trees and revegetation of open space) and payment of certain county charges,for which the$5,800 cash deposit(Auditor's Deposit Permit No. 276635,dated April 15, 1996)was made by Cerrito Development,Inc.,and a bond rider,Bond No. 1845285,dated December 19,2002,issued by Developer's Surety and Indemnity Company,shall be held to insure satisfaction of these outstanding deficiencies. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of January 21,2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY May 7, 1996 Developer's Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$291,650,Bond No. 1845285 issued by the above surety be RETAINED. BE IT FURTHER RESOLVED that the widening of Hillcrest Road is ACCEPTED and DECLARED to be a County road;the right-of-way was conveyed by the Final Map for Subdivision 7582,recorded May 13, 1996, in Book 386 of Maps at Page 50, Official Records of Contra Costa County, State of California. BE IT FURTHER.RESOLVED that the warranty period requirement has been satisfied. RESOLUTION NO. 2003/34 5 INSCO INSURANCE SERVICES, INC. 1nsc%jeo Underwriting Manager for: ca Developers Surety and Indemnity Company Indemnity Company of California 17780 pitch,Suite 200•Irvine,California 92614•(949)263-3300 BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 1845285 Principal: Cerrito Development,Inc. Obligee: County of Contra Costa Surety: Developers Surety and Indemnity Company Effective December 19 , 2002 , it is agreed that: In accordance with Item Number 3—Conditions, Paragraph C of the Bond,the following alterations to the Subdivision Improvement Agreement for Subdivision Number 7582 are covered under this Impr?vement Security Bond Masonry Wall to be Installed Along Lots 52 Through Lots 58 , Street Tree Planting and Revegetation of Open Space Areas Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated,as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 19th day of December 20o2 Principal: Cerrito Development,Inc. Surety: Developers Surety and Indemnity Company y -� By: ,4re,4r 0='r > c.:v+r Dan P.wolf Attorney-in-Fact PRODUCER: ID#600256 Westport&Associates Insurance Services Concord,CA tD-1183(REV.1/01) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 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: *** Wesley W. Cowling, Dan P. Wolf, Gregory M. Pribyl, Daniel Livsey, jointly or severally*** as their true and lawful Attorneys}in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and 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 Atiorney(s)-in•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 DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November t,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 execute Powers of Attorney,qualifying the attorneys)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 thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WiTNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"day of January,2002. \\\tf\„PIf11I1I1„11j1 _ Ca4d AND ., By David H.Rhodes,Executive Vice President •`•�Ls`�Qtti PO � E,y �VOQ\APO � � • � OCT. � µi<E � OCT. :a = yyo? 1936 ;o c 1st 1967 Z By- Walter A.Crowell. Secretary �'; •.!DW P,, ��* r 44 10-1 I''YItIrM TRs\Naa•Oy4r STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8,2002,before me,Antonio Alvarado.personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument. WITNESS my hand and official seal. ANTONIO ALVARA€O COMM.#1300303 ” Notary Public-Californla ( ORANGE COUNTY%?Mytomm.Signature E pires APHIL 10,2005 - 220 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing 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 corporations 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 Irvine,California,the 1-9th day of D& etnber 2402 C By . David G.Lane,Chief Operating Officer ID-1380(01102) STATE OF California SS. COUNTY OF Contra Costa On December 19 2002 , before me, Daniel David Livsey PERSONALLY APPEARED Dan P.Wolf personally known to me to be the person(`)whose name(%is/Ire subscribed to the within instrument and acknowledged to me that he/r?tv0 executed the same in his/ftr44ait authorized capacity, and that by his/ft"Otheis signature(s) on the instrument the person(N, or the entity upon behalf DIEL DAVID LIVSEY of which the person(%4 acted, executed the instrument. COM!1 1228294 Y NOTARY PUBLIC-C sLIFORPdL4 '0 WITNESS m hand and official seal. atni.Expir co`v 10, S' � `".r,�.:� My Coram.�X6itus:JUSy i6�,200.I G' Signature This area for Official Notarial Seal Daniel David Livsey NOV a rY u0ic 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 ❑ CORPORATE OFFICER Rider to Bony#�t rmler 1845285 Cerrito TITLE OF TYPE OF DOCUMENT ME(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One , ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ® OTHER: December 19,2002 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME Of PERSON{S}OR ENTITYQES) None Developers surety and Indemnity Company SIGNER(S)OTHER THAN NAMED ABOVE Ic-1232(taev.9100) ALL-PURPOSE ACKNOWLEDGEMENT MERGER ENDORSEMENT In accordance with the merger of Developers Insurance Company with and into Developers Surety and Indemnity Company,effective the 29th day of December,2000,your insurance company is now Developers Surety and Indemnity Company(the "Company"). The address of the Company's administrative office is: 17780 Titch, Ste. 200 Irvine, California 92614 No terms, conditions or benefits of your bond have changed. All servicing of your bond will be done by the Company or its affiliated representatives. Please keep this endorsement with your bond.If you have any questions,you may write the Company at the above address. President Secretary i 4 ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of - e On- 1 Z��.�,�t.. before me, r 1 DATE) „/ (NOTARY) personally appeared SIGNV.RSS) [] personally known tome - OR - J 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(ibs), and that by his/her/their RICHARD D.Comm. t. RAINE signature(s)'on the instrument the person(s), 9088 NOTARY PUBLIC-CALIFORNIA or the entity upon behalf of which the Sante Clan County I,}y Cosm.€xpirea Aug,27.2005 person(s) acted, executed the instrument. WITNESS my hand and official seal. N IRI-y-'S SSCNAT RE ... OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT Ej INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLFAS) E] PARTNER(S) ATTORNEY-IN-FACT NUMBER OF PAGES © TRUSTEE(S) GUARDIAN/CONSERVATOR DATE OF DOCUMENT [� OTHER: OTHER i SIGNER IS REPRESENTING: RIGHT THUMBPRINT NAME OF PERSONS)ORENTITY(IES) OF SIGNER o APA 5N9 VALLEY-SIERRA. 800-362-3369