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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-204 IIII III{il I III{i it iIN I Ill Ili I{{III I IIII I li ill III Recorded at the request of: CONTRA COSTA Co Recorder Office Contra Costa County STEPHENWEIR ClerkiRecor&r Public works Dvices Division DOC 200 � 48569-00 Engineering Services Division � Return to: Public Works Department TUlsdaY r APR 01, 2003 13:52:08 Engineering Services Division F'RIE $0.0 Tt1 Pd $0.00 Nbr-014838335Irc/R1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on April 1,2003 by the following vote: AYES: SUPERVISOR'S GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/ 204 SUBJECT: Accept Completion of Improvements, Road Improvement Agreement for Road Acceptance 110 1 (cross-reference Subdivision 8016)and declaring a certain road as a County road, Stone Valley Road,Alamo area. (District III) The Public Works Director having notified this Board that the improvements for Road Acceptance 1101 (cross-reference Subdivision 8016)have been completed as provided in the Road Improvement Agreement with SummerHill Stone Valley Ltd. heretofore approved by this Board; PE:rm I hereby certify that this is a true and correct copy of an G:1GrpData\EngSvc\BO\2003\4-01-03\RA 1101 BO.42.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Rich Lierly(313-2349) Supervisors on the date shown. cc: Public Works -Accounting -T.Bell,Construction -Maintenance(w/Piat) -r- 4-01-04 ATTESTED:_- APRIL 01, 2003 -SummerHiil Stone Valley Ltd. 777 California Avenue JOHN SWEETEN, Clerk of the Board of Supervisors Palo Alto,CA 94304 and County Administrator -American Motorists insurance Co. 7470 North Figuroa Las Angeles,CA 9004IByDeputy ty Recorder(via Clerk),then Records Section � CSAA-Cartog CHP,c/o Al Sheriff-Patrol Div.Commander RESOLUTION NO.2003/ 204 ` SUBJECT: Accept Completion of Improvements, Road Improvement Agreement for Road Acceptance 110 1 (cross-reference Subdivision 8016)and declaring a certain road as a County road,Stone Valley Road,Alamo area. ('District III). DATE: April 1,2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 1,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY April 4, 2000 American Motorists Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$208,700.00 Bond No.3 SM 982 236 00 issued by American Motorists Insurance Company be RETAINED for the six month lien guarantee period until October 1,2003, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening of Stone Valley Road is ACCEPTED and DECLARED to be a County road;the right of way was conveyed by Final Carder filed on January 11,2002,Document No.001150700 and as shown and dedicated for public use on the Final Map of Subdivision 8016 filed April 18,2000 in Book 419 of Maps at Page 17,Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$4,174.00 cash deposit(Auditor's Deposit Permit No.347544 dated March 29, 2000)made by SummerHill Stone Valley Ltd.and the performance,/maintenance surety and rider for $61,983.94, Bond No. 3 SM 982 236 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 N0. 2003/204 American Motorists Insurance Company Bond Number : 3SM 982 236 00 ENDORSEWNT To be attached to and form a part of Subdivision Perfornxance/Labor Material Bond, issued by the undersigned company, as Surety on behalf of SununerHill Stone `Sraltev. Ltd as Principal, in favor of CouW of Contra Costa as Obligee, Effective January, 2002, the Principal and the Surety hereby agree to amend the attached bond as follows: Bond Amount Reduced as Follows: SiW Que Thousand Nine Hundred Eighty Three and 90/1.0 (561.98IM All else remains the same. Provided that the liability under this endorsement shall be part of,. and not in addition to, the liability under the attached Bond, and in no event shall be cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED, SEALED,DATED:January 9,2003 Sumnu erHil t ne valley,Ltd Am can Motorists Insurance Company (Principal) (Surety) By; SummerRillAone v ley Incor orated By: A.Clar .Attorney In fact By: Ro . Me ard, President and CEO Vt,a,e Coon tra Costa (Obligee) By: t��+4 Endorsement Number:one(1) DIDUCT CORRESPONDENCE TO : LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,IAS ANGELES,CA 90041 ` PHONE(323)257-8291 6 FAX(323)256-7218 LTA Rider-08-25-99.dot CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On -JPWVv^u itZZiis+ ► , before me, coke 0 le Name and Title of Off ice,,(a.g.,-Jane Doe,Notary Puede) personally appeared f"0_ `� > Nam (s)of Signer(s) Cgpersonaily known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are ELEANOR- COHEN subscribed to the within instrument and Commbsion#i 1295M acknowledged to me that he/she/they executed Notary Public-Codi the same in his/her/their authorized $onto Giga County capacity(les); and that by his/her/their *CcMn.B0Wr0b24,2W5F signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS and a official seal. Placa Notary Seat Above Signature of Notary Public OPTIONAL Though the information below is not required by few, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docum t 1 "` Title or Type of Document: Document Date: Number of Pages: Signer(s)Cather Than Named Above: Capacity(les)Claimed by Signer Signer's Name: Cl Individual Top of thumb here. © Corporate CMf ler--Title(s): d Partner--❑Limited Ci General 0 Attorney in Pact 0 Trustee 0 Guardian or Conservator El Other i Signer is Representing: O 1%*National Nonny •9360 Do Sob Ave.,P.O.Box 7462 o Chawwori r,CA 91313.2402+www.rag"alrolary orti Prod.No,6907 no~..Cd Toll-Fres 1480"76-15W r CALIFORNIA ALL-PURPOSE CERTIFICATE of ACKNOWLEDGMENT State of , b e.stnt County of 5 On efore me, Sh-&-&X P11,.11"n Date Name,title-e.g.,john Doe,rotary Public personally appeared CLP446e V. 8095-a.O , v_;f-6 Psesi-0,0^ r Name(s)of Signers(s) A-Personally known to me Qg Proved to me on the basis of satisfactory evidence to be the person(g)whose nameK is/W subscribed to the within instrument and acknowledged to me that Wsheithoy executed the same in l i/hedtl*r authorized capacity(i g), and that by hili/ her/th&signatures on the instrument the person(A,or the entity upon behalf of which the person(4 acted,executed the instrument. ------------ -- - - - .� . . $AMER E. ABOUJUDOM Fitness my hand and official seal. COMM, 1228761 NOTARY PUBLIC-CALIFORNIA ------:---� SAN MATEO COUNTY .. A My Comm.Expires Jy 23,2003 Signature of Notary JbrwFrQ 1�Boe.�vya�n., Sb&*'ILTeD CCLL zfz .. '� Z3. 2a� Print Notary's Name.County in which Commissioned and Commission Expiration Date Seal QEZWffA The data below is not required by law,however it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. SIGNATURE AUTHORITY OF SIGNER: DESCRIPTION of ATTACHED DocumENT ❑INDiv1DUAi, 'CORPORATE 0MCER(s) Ji tC- Pr y ► ; Title(s) Tina OR TYPE of DoCtrn�e r ❑ PARTNER ❑LrMtrED ❑ GENERAL NUMBER OF PACES ❑ATroRNEY-iN-FAcr ❑TRusTEE(s) ❑GUARDIAN/CONSERVATOR DATE OF DocumENT ❑ OTHER: SIGNER(S) OTHER THAN NAMED ABovE: Nmg(s)of ftsoNLs)OR Emm(ms)SiGm is Irmoemg: 0 1997 Reproduction prohibited.Reorder from American Society of Notaries,800.522-3392. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JAN A. Bisordl Notary Public NAME TITLE OF OFFICER personally appeared Christina A. Clarkson NAME OF SIGNER 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/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 A.5tsoRDt t entity upon behalf of which the person(s) acted, r core.02SUsa . Njowry PUMIC-Csiitornta executed the instrument. LOS ANGELES COUNTY qty comm►.Exp.mu lo,xoot WI'TN'ESS my hand Icial seal. a G A RE OF71-ARYT 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 Ej CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT E] TRUSTEES) F] GUARDIAN/CONSERVATOR. OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EN-nTY(1ES) American Motorists Insurance Company Amerlcari Minufa+cturers-Mu=tual Insurai'ce Company S G ER 6-TWER MRN E Lumberrnens Mutual Ca=sualty Company Lou Jones & Associates 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 Jorge Correa , Leah S. Crips , Michael E Cundiff , George Munana , Raymond E Gall , Susan E Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordl of Los Angeles , CA (EACH) srr••r•♦s*st• their true and lawful agent(s) and Attorneys)-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 some 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 acknowledged by their regularly effected officers at their principal office In Long Grove, Illinois. This Power of Attorney Is executed by authority of resolutions adopted by the Executives Committees of the Boards of Directors of the Company on February 23, 1888 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 Hoard, 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 appoint agents and attorneys-in fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company 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 their 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 any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1888 and any such power so executed, sealed and certified with respect to any bond or undertaking to which It is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Paget 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seats to be affixed by their authorized officers, this October 23, 2002. Attested and Certified. Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company yAr't iyou:y -"kr X1 Unit ct U1 YY:l6 %OR+CPYflOtr UK. Conway. Corpor Secretary Gary J. Iy,Vniorce Pr t STATE OF ILLINOIS SS COUNTY OF LAKE Ss 1, Maria 1. Ornorl, 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 and 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, seated 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" i t1 7t c. SAA JAS L O%AOPJ }fprARY R".StAl6 OF ILLINOIS WE EXMIES �=3 Maria 1. Omorl, Notary Public My commission expires 9-97-03 CERTIFICATION 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 October 23, 2002 on behalf`of the person(s) as listed above Is a true and correct copy and that the same has been In full force and effect since the date thereof and Is In 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 Plower 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 WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance'Company, and the American Manufacturers Mutual Insurance Company on this day of . 20 vtoaaRa� t uwxwwa :Y!t taRrrYRe►>Ror OCII "'''� "' ' ""` Johr&.,bonway. Corporate rotary This Power of Attorney limits 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 09) Page 2 of 2 Printed In U.S.A.