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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-149 _ I!!I ff!Ilf f III II II!fl!!I Ifllfll I III I Illf I II III If! CONTRA COSTA Co Recorder Office STEPHEN L, WEIR�Ierk-Recorder Recorded at the request of: DOC— 6000103971— 00 Contra Costa County Thursday, MAR 06, 2003 10:14:15 Board of Supervisors FRE $0.00 Return to: Tt l Pd $0,00 Nbr 0001354824 Public Works Department - Engineering Services Division 1 r e/RS/1-B Records Section TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 4,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER AND DESAULNIER NOES: NONE DI t-CT" III SEAT VACANT ABSTAIN: iim RESOLUTION NO.2603/ 149 SUBJECT: Accepting completion of improvements, amending Subdivision Agreement and declaring certain roads as county roads, Subdivision 8058, Pleasant Hill area. (District IV) The Public Warks Director has notified this Board that the improvements in Subdivision 8058 have been completed as provided in the Subdivision Agreement with Essex Portfolio, LP, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. PE:cw G:\GrpData\EngSvc\BO\2003\3-W31SUB 8058 BO-45.doc Originator: Public works(ES) I hereby certify that this is a true and correct copy of an Contact: Rich Uerly(313-2348) cc: Public Works -Tax I.D.77-0369-575,Accounting action taken and entered on the minutes of the Board of -T.Belt,Construction Div. Supervisors on the date shown. -P.Edwards,Engineering Services -H. Valdez, intLab ATTESTED: MARCH 04� 2003 -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. JOHN SWEETEN,Clerk of the Board of Supervisors and Recorder(via QW,then PW Engineering Services Sheriff-Patrol Div.commander County Administrator CHP,c%Al CSAA—Cartog T-3-04-04 Essex Portfolio,LP By ,Deputy 925 East Meadow Drive Palo Alto,CA 94303 American Motorists Insurance Company c%Lou Jones&Associates 7470 N.Figueroa St. Los Angeles,CA 90041 American Motorists Insurance Company 411 Bore]Avenue,#410 San Mateo,CA 94402 RESOLUTION NO.2003/ 149 SUBJECT: Accepting completion of improvements, amending Subdivision Agreement and declaring certain roads as county roads, Subdivision 8058,Pleasant Hill area. (District IV) DATE: March 4,2003 PAGE: 2 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 Essex Portfolio LP as principal in the form of a corporate surety bond(Bond No. 3SM 914 045 00 dated May 15, 1998) and rider dated January 28, 2003, issued by American Motorists Insurance Company in the amount of$13,3 80.00 for faithful performance and$49,550.00 for labor and materials. NOW THEREFORE BE IT RESOLVED that the Subdivision.Agreement approved by the Board on June 9, 1998, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond rider; BE IT FURTHER. RESOLVED that the improvements have been COMPLETED as of March 4,2003, 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 BANKISLTRETY June 9, 1998 American Motorists Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $49,550.00 Bond No. 3SM 914 045 00 issued by the above surety be RETAINED for six-month lien guarantee period until September 4,2003,at which time the Clerk of the Board is AiUTHROIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening of Las Juntas Way and Cherry Lane are ACCEPTED and DECLARED to be County roads as shBookn402 d dedicated for public use on the .Final Map of Subdivision 8058 filed August 14, 1998, in of Maps at Page 11, Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that the beginning of thew ty period is hereby established and the$9,900.00 cash bond(Auditor's Deposit Permit No. 13992 ee May 20, 1998) made by Essex Portfolio, LP, and the performance/maintenance surety and rider for $13,380.00, Bond No. 3SM 914 045 00 issued by American Motorists Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOLUTION NO. 2003/149 American Motorists Insurance Compare Bond Number : 3SM 914 045 00 ENDORSEMENT To be attached to and form a part of Performance Bond, issued by the undersigned as on behalf of Essex Portfolio L.P. as Principal, in favor of pmiy n a Costaeompanyl as Obligee,Surety Effective januaU-19,20-31, the Principal and the Surety hereby agree to amend the attached bond as follows: Penal Surrri of''Peirfor�Aft,=Btmd':;fs he reh reduced to Tl frteen Thotysat�d;Mm_Hundred El and Nol100's 13 3$17;00 All else remains the same. .Provided that.the liability undet° d*e0dasement'shall be part of, and not in addition. to; the liability under the attached Bond, and irl hof event shall be cumulative Nothing herein contained shall .r+ ate,:alter or extend any of the provisions,:conditions, or other terms of this bond except as above stated. SIGNED,SEALED,DATED:January 28,2003 Essex Portfolio,L.P. (Principal) erican motorists Insurance Company By: dCq By: Stephea M.ChiMds Attorney in Fact G'b' of ontra Costa (Obligee) By: Obligee:Please,sign enilorsftent and rehttr-tv aur officer Endorsement Number:1 LOU JONES S ASSOCIATES,PSC)BCORRESPONDENCE T© OX 41 PHONE(323)257-8291 •FAX(323)258-72r18 3 ANGELES,CA 90041 LJA Ruler-0$-25-99.dot - Mmm State of California County of Los An eles On Rr ca8 -1),00 3 before me, Re ina Ran el __,_Nota 2ublac. personally appeared st en M. �'hi j, NAMETrr' OF arc° ER WZim of sty Personally known to me - OR. [J proved to me on the basis of satisfactory to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that yea he/she/they executed the same in his/her/their �- COMM.I9saa+e authorized capacity(ies), and that b his/her • Notary"" -Cr• M Y his/her/their �► �,� P. July 26,2 ; signature(s)on the instrument the person(s),or the entity MY cof,.Exp z$,zoos upon behalf of which the person(s) acted,executed the instrument. 'FITNESS my hand anofficial seal (SIGMA O Y) Though the data below is not required bylaw it ma OPTIONAL fraudulent reattachment of this form. y prove valuable to persons relying on the t and couldprcvent CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT CJ INDIVIDUAL 0 CORPORATE OFFIt ERBONDS) 'TITLE OR TYPE OF DocvMF,IVT PARTNER(S) L� LSD NUMBER pR PAGES GENERAL ATTORNEY-IN-FACT TRUSTEE(S) ® GUARDIAN/CONSERVATOR ® per: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY() �Crltn Mott)rL TnSt�c�nre.(' L�IY3_ IN`_ Mut r*�n.ri r SIGNER,OTHER THAN NAME ABOVE LOu Tones�' �+ *arm nm» POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company"} do hereby appoint Stephen M. Childs , Sherrie Jones and Charles M. Griswold of San Mateo , CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of Issuance of this.power for and on Its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully,and amply to all Intents and purposes, as If the same had been duly executed and acknow ledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on Fe 88 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to attorneys-in-fact. and to authorize them to execute on behalf of the Company, ,and attach he seal of thoint egCompaand ny thereto, bonds and undertakings, recognizances, contracts of.Indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process. This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or they appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on an y power of or bond executresolution adopted by the Executive Committee of the Board of. Directors onoFebruary 23, 1988 end anyasucto h power so executed, sealed and certified with respect to any bond or undertaking continue to be valid and binding upon the Company." to which it is attached, shall Pager 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company hes caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this June 14, 2002. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company ` emnaR,tR $ �Ri R,.trrRu iiR4 v CPi1CRRlgi _ /J� oh K. Conway, Corporkfi Secretary Gary'J. ly, nor Vice Pres t STATE OF ILLINOIS SS COUNTY OF LAKE. SS 1, Maria 1. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice.President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized end existing under the laws of the State of Illinois, subscribed to the foregoing Instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFICIAL SEAL" ., 0-roou- MARA - LOMM Maria 1. Omort, Notary Public My commission expires 9-17-03 CER]'IF KATION 1. J. .K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual insurance Company, do hereby certify that- the attached Power of Attorney dated June 14, 2002 on behalf of the person(s) as listed above is a true and correct copy en and that the some has bein full force and effect since the date thereof and is'lin full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who'executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice. President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEFEOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the erlean Motorist Insurance Company, and the American Manufacturers Mutual Insurance Company on this day of V . 20 Q . M ON. RM KUMiIi °"`' Joh K.bonway. Corporate Mrotary This Power of Attorney Hmits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. Home Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -t` �'-c� ss. On (e) before me, Data Name and ntleot orttear fa.., Do*,NWery PubiLl personally appeared �•z)9, F Nerns{s)of 36-qs) Wer-sonally known to me ❑ 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 s j - capacity(ies), and that by his/her/their KAREN HARLING signature(s)on the iristrument the person(s),or Commission# 1375139 the entity upon behalf of which the person(s) ,,, Notary Public - California acted, executed the instrument. Santa Clara County ivlyComm.ExpiresSepI6.2Xl6 WITNE S my hand and official seal. Siyrk""of Notary OPTIONAL Though the informaffiDn below Is not required by law,It may prove valuable to persons rah ft on the dxument and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: 1. - Document Date:_ DF Number of Pages: Signer(s)Other Than Named Above: Capacitypes) Claimed by Signer Signer's Name: ❑ Individual Top of thuft here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardlan or Conservator ❑ Other: Signer Is Representing: 190 NaYnrwl Notary Assoeisdon•9356 De Soto Ave.,P.C.Box 2462•Chatsworth,CA 91313.2402 www.rrlbnakwowy.org Prod.No.5907 Reorder.Cal Tol-faros 1-800.975-%27 4 y •+r •' AT�`R'� .i '? r� ��1�� F 'ti ' pry tl .✓ :f'iiJ - i r �naw9...f�•.� ��Aur VRIYIA � •�� �{�s - CrA,,Z. te' C7ftGAMATI6M:lim 4 -G_ acD �FOft.KSi1PUM30! Ccxx�ty Adnrnisfrptar S Buktin 1054 y�l .y A'.L - ... jE..< t,• ffi FUND/ORGACCT TASK TK)N ALT AMOUNT . Ok se4a 004500 9931 RE 6A0196 87:.00 a s x 100300 0637 6,96 u8 007394 98952421. 24 I 77 v a `•:,:•.a V. `:: 90176.51 9660 RE 6L0072 5 , 732:.00 u $ a �` 004522 6J0025. 1751.0C) 4 000651 6L0075 3,8571.00 P U -9 I 1 e 6L0130A 7,941:. 50 a 1 e • o 248900 0660 4007).00 a 1i t . 007489 9194 2151.00 1 5I 004528 9895 RL 6JO072 2,13251.87 004510 9755 6X30136 2,6041.bU City, 6X3090 1 ,80 ,21 i 1 05 5/9•05 3.. 000065 9755 15 .03 t a B d . 8198007 0800 90900.00 1 E�tPLJ1tVAT i Eu Svcs. G 94657 _ :9�+2bb8 No Voids ft3TA! DEPOSIT ' � 35,94q.61 Cash Bond . 8198M-(780±0--:+Gf.. 9.42664 $9,900.00 Depoaitccxrsi:tsofthafir�icywirrghum _CCW4aid CURRENCY 649.66 . Subdivi iain 8858 Gs#�•ftrformanc a .�.eTe $ 351, 298-95 . CAS94303 Iff sus $ FOR AUDMA-CONTROU ER USE ONLY DEPOSIT PERW �MJAWR ATE 313992 H ASST • ,wmi Atflfi J01�1i /1 P '.�y F�OflN�6Yi f®4@ t fi� df1101N1��S Ci F'O+YIt�,- 4 is I1b 4500LST �'"'vl'r.7 ✓'v' % ' REY(7 93} T y <` ,tcY xy Svcs. , Ai3.1e, - Debra y Cincl