HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-540 Recorder Office
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Recorded at the request of- STEPHEN LWEIR Clerk-Recorder
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Contra Costa County DOC—
Board of Supervisors Wednesday, SEP 10, 2003 09:30:30
Return to: FRB $0.00
Public Works DepartmentT L 1 ,f la Nbr"1111r 36037
Engineering Services Division i V41—
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 9, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG AND DESAULNIER
NOES: NONE
ABSENT: SUPERVISOR GLOVER
ABSTAIN: NONE
RESOLUTION NO. 2003/ 540
SUBJECT: Accepting completion of improvements and declaring certain roads (Stone Valley
Oaks Drive, pheasant Court, Hawk Court, Eagle Court, and the widening of Stone
Valley Road) as county roads, Subdivision 8016, Alamo area, (District III)
The Public Works Director has notified this Board that the improvements in Subdivision
8016 (Stone Valley Oaks Drive, pheasant Court, Hawk Court, Eagle Court, and the widening of
Stone Valley Road) have been completed as provided in the Subdivision Agreement with
SummerHill Stone Valley,Ltd.,a California Limited Partnership by SummerHill Stone Valley Inc.,a
California Corporation,its General partner,heretofore approved by this Board in conjunction with
the filing of the Subdivision Map.
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0:\GrpData\EngSvc\130\2003\9-09-03\SUB 8016 BO-45.doc
Originator: Public works(ES) 1 hereby certify that this is a true and correct copy of an
Contacts Rich Lierly(313-2348) action taken and entered on the minutes of the Board of
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ccs Public Works Tax LD.94-24987878,,Accounting
-T.Belt,Construction Div. Supervisors on the Gate shown.
-M.Valdez,M&T Lab
H.Finch,Maintenance Div.
-I.Bergeron,Mapping Div. ATTESTED: SE=ER 09, 2003
-P.Edwards,Engineering Services JOHN SWEETEN Crer of the Board of Supervisors and
-T.--September 9,2004
Sheriff-Patrol Div,Commander County Administrator
CHP,c/o Al
CSAA--Cartog
SummerHill Stone Valley,LTD.
777 California Ave.
Palo Alto,CA 94034 Byzwtl� ,deputy
American Motorists Insurance Company
7470 North Figuroa
Los Angeles,CA 90041
RESOLUTION NO.2003/ 540
SUBJECT: Accepting completion of improvements and declaring certain roads (Stone Valley
Oaks Drive, Pheasant Court, Hawk Court, Eagle Court, and the widening of Stone
Valley Road) as county roads, Subdivision 8016, Alamo area. (District M)
DATE: September 9, 2003
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of September 9,2003 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 SURETY
April 4, 2000 American Motorists Insurance Co.
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$668,350.00,
Bond No. 3SM 982 238 00 issued by the above surety be RETAINED for the six month lien
guarantee period until March 9,2004, 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 Stone Valley Oaks Drive,Pheasant Court,Hawk Court,
and Eagle Court the hereinafter described road(s),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,are ACCEPTED and DECLARED to be Countyroad(s).
Road Name Road-RIW Widths Road No. System Lengths Miles)
Stone Valley Oak.Drive Varies 28'-40'/52'-58' 4735K MR 0.69
Pheasant Court 32'-52' 4735L MR 0.11
Hawk Court 32'-52' 4735M MR 0.08
Eagle Court 32'-52' 4735N MR 0.06
BE IT FURTHER RESOLVED that the widening of Stone Valley Road is ACCEPTED and
DECLARED to be county road 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$13,367.00 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$198,499.50,Bond Number 3SM 982 238 00 issued byAmerican Motorists Insurance Company,
be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until
release by this Board.
RESOLLITION NO. 2003/540
American Motorists Insurance Company t�emPr�R.
Bond Number:3SM 982 238 00
ENDORSEMENT
To be attached to and form a part of Subdivision Performance/Labor & Material Bond, issued by the
undersigned company, as Surety on behalf of SummerHill Stone Valley, Ltd as Principal, in favor of
County of Contra Costa as Obligee,
Effective January 8, 2003, the Principal and the Surety hereby agree to amend the attached bond as
follows:
Bond Amount Reduced as Follows:
One hundred Ninety Eight Thousand, Four Hundred Ninety-Nine and 50/100ths
($198.499.50)
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: July ,2403
Summe I Stone valley,Ltd
� American Motorists Insurance Company
64.0 }A,4(sy-',rwe-e+ra^ �L 'r"`s`+4Q '°'C (Surety)
e'
By. By:
Arthur F.tai ev rl ,AAtmmey In Fact
County of Contra Costa
(Obligee)
By:
Obligee:Please sign endorsement and return to our office.
Endorsement Number: Two (2)
DIRECT CORRESPONDENCE TO :
LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 90041
PHONE(323)257-8291 •FAX(323)256-7218
UA Rider-08-25-99.dot
In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by
their authorized officers,this 6t day of Mareh .20 03
Lumbermens Mutual Casualty Company
Attested and Certified American Motorists Insurance Company
American Manufacturers Mutual Insurance Company
-° -1 7
Johln Conway, Corporate retary Ga6 J. Tully, Senior Vice President
STATE OF ILLINOIS SS
COUNTY OF LAKE SS
I, 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 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.'
Z�ft
CIAL SEAL"`')'At, (7%"OA+ � . Maria t. Omori, Notary Public
MY Si(�IV EXPIRES /112003
My commission expires 917}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 Mareh b_, 2Q03 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 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 WHEREOF, t 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 7 __, 20_
e
AX ILU"
CCIItmIAf16N
t
5�h`t K. Conway, Corporikettecretary
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.
Horne 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 Los Anes
On jl)l� 2 9 2003 before me, Susan E. MoraleslNotary Public
NAME,TITLE OF OFFICER
personally appeared Arthur F. Oliver
NAME 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 acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
SUSAN E.MORALES and that by his/her/their signature(s) on the instrument the
°"""' ' 2m person(s), or the entity upon behalf of which the person(s)
uJ .arm Notary Public.calltorrfla
LOS ANGELES COUNTY T acted, executed the Instrument.
MY COMM-EXP-Doc 25,2005
WITLESS my band and official Seal.
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(,SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by lave,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/OWNER
❑ CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER.:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists.Insurance Company
Lumhermens Mutual Casualty Company
American Manufactures Mutual Insurance Company
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
S5.
County of {
On , before me, IC
ate Name and Title of Officer(e.g.,"Jane Doe, tary Public')
personally appeared ��1 -
Name(s)of Signer(s)
tersonally known to me '
1
❑ proved to me on the basis of satisfactory
evidence
r
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
ELEANOR COHEN acknowledged to me that he/she/they executed
the same in his/her/their authorized
C n t ca acit ( ) y
Notary Pufc -California p y(ies , and that b his/her/their
Santo Claro County signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESA my hand and official seal.
Ile
Place Notary Seat Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this farm to another document.
I
Description of Attached Document
Title or Type of Document:
Document Date: — Number of Pages:
Signer(s) Cather Than Named Above:
I
I:
Capacity(ies) Claimed by Signer
Signer's Name:
ED Individual
Top of thumb here
Corporate Officer--Title(s): _
❑ Partner—❑ Limited 0 General
❑ Attorney in Fact
El Trustee
❑ Guardian or Conservator
u Other:
Signer Is Representing: ?'
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402 Chatsworth,GA 91343.2402 www.nationalmtery org Prod.No.5907 Reotdor.Call Toll-Free 1-Wo-we-w27
SUMMERHILL STONE VALLEY INCORPORATED
ACTION TAKEN BY UNANIMOUS WRITTEN CONSENT
OF THE BOARD OF DIRECTORS IN LIEU OF A MEETING
April 23,2002
Pursuant to Section 307(b) of the California Corporations Code, the undersigned, being
all the directors of SummerHill Stone Valley Incorporated, a California corporation (the
"Corporation"),hereby adopt the following resolutions by written consent in lieu of a meeting.
RESOLVED, that the following individuals are hereby unanimously elected to the offices
set forth opposite their respective names to serve until the next annual meeting of the Board of
Directors or until their successors are elected and qualified:
Name Office
George M. Marcus Chairman of the Board
Roger B. Menard President; and Chief Executive Officer
Donald A. Lorenz Senior Vice President; Chief Financial Officer; and
Assistant Secretary
Richard P. Denman Senior Vice President
Robert H. Kennis Secretary
Elaine V. Breeze Vice President
Robert T. Alden Assistant Secretary
RESOLVED FURTHER,that for purposes of the resolutions set forth in this Consent,the
following terms shall have the following meanings:
(1) "Authorized Signatories" shall mean either: (a) the Chairman of the
Corporation, acting alone; or (b) any one of the President or a Senior Vice President of
the Corporation, acting together with any other officer of the Corporation;
(2) "Partnership" shall mean SummerHill Stone Valley Ltd., a California
limited partnership, and any other partnership of which the Corporation is a general
partner;
(3) "Unit" shall mean any individual lot, home, townhouse, condominium or
other residential dwelling; and
(4) "Unit Signatories" shall mean either: (a)the Chairman of the Corporation,
acting alone; (b) any two officers of the Corporation, acting together; or (c) any two of
Annual BOD UWC 042302
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the following persons acting together: any officer of the Corporation; the Director of
Marketing; the Corporate Sales Manager; or the Development Manager with respect to
the applicable Units.
RESOLVED FURTHER, that in order to consummate the sale of any Unit owned by the
Corporation or by a Partnership, the Unit Signatories are hereby authorized on behalf of the
Corporation (including in its capacity as the general partner of a Partnership) to execute any and
all real estate sales agreements, escrow instructions, grant deeds and any other documents or
instruments requiring the signatures of authorized persons on behalf of the Corporation
(including in its capacity as the general partner of a Partnership), including without limitation, all
applications and other documents required by the California Department of Real Estate, and any
amendments or modifications to any of the foregoing, all in such form as such signing persons
may approve,with his, her or their execution thereof to be conclusive proof of such approval.
RESOLVED FURTHER, that in order to obtain loans for the Corporation or a
Partnership, the Authorized Signatories acting on behalf of the Corporation (including in its
capacity as the general partner of a Partnership), are hereby authorized to execute all loan
documents, security agreements, financing statements, pledges, guarantees, assignments,
certificates, promissory notes, deeds of trust and any other instrument, document or contract
encumbering and/or relating in any way to the financing or refinancing of the real or personal
property owned in whole or in part by the Corporation or by a Partnership, and any amendments
or modifications to any of the foregoing, all in such form as such signing persons may approve,
with his,her or their execution thereof to be conclusive proof of such approval.
RESOLVED FURTHER, that in order to acquire or dispose of real property for the
Corporation or a Partnership or any right or interest therein (other than the sale of Units), the
Authorized Signatories acting on behalf of the Corporation (including in its capacity as the
general partner of a Partnership), are hereby authorized to execute any and all documents,
contracts or agreements as he, she or they may deem appropriate, such documents, contracts or
agreements to include, but not be limited to, options to purchase real property, real estate
purchase agreements, escrow instructions, deeds, quitclaim deeds, any other documents requiring
the signature of authorized officers of the Corporation (including in its capacity as the general
partner of a Partnership), and any amendments or modifications to any of the foregoing, all in
such form as such signing persons may approve, with his, her or their execution thereof to be
conclusive proof of such approval.
RESOLVED FURTHER, that, in order to (a) apply for or seek entitlements for any
project owned by this Corporation or by a Partnership, or (b) design and pursue approval of
improvements to be developed on any project owned by this Corporation or by a Partnership,
either (i) any one (1) of the President or a Senior Vice President of this Corporation acting
together with any other officer of this Corporation, or(ii)the Development.Manager with respect
to the real property owned the Corporation or by a Partnership, acting alone, are hereby
authorized on behalf of the Corporation (including in its capacity as the general partner of a
Partnership) to sign any and all contracts, agreements, applications, permits, maps, subdivision
improvement agreements, bonds, easements and other documents or instruments with any local
government or governmental agency, utility company, trade contractor or subcontractor, laborer,
Annual BOD UwC 042302
2
consultant, design professional, materialman or supplier as they may deem necessary or
appropriate, and any amendments or modifications to any of the foregoing, all in such form as
such signing persons may approve, with his, her or their execution thereof to be conclusive proof
of such approval at
RESOLVED FURTHER, that either (i) any one (1) of the President or a Senior Vice
President of this Corporation acting together with any other officer of this Corporation, or(ii)the
Director of Marketing, acting alone, are hereby authorized on behalf of the Corporation
(including in its capacity as the general partner of a Partnership), to sign any and all contracts or
agreements with any person related to either (a) the interior design, furnishing or landscaping of
the model Units at any project owned by this Corporation or by a Partnership or (b) the
advertising, marketing or publicity of any project owned by this Corporation or by a Partnership
as they may deem necessary or appropriate, and any other documents or instruments required in
connection therewith, and any amendments or modifications to any of the foregoing, all in such
form as such signing persons may approve, with his, her or their execution thereof to be
conclusive proof of such approval.
RESOLVED FURTHER, that the resolutions set forth in this Consent supercede all
previous resolutions regarding signature authority (other than those resolutions adopted in
connection with any loan to the Corporation or a Partnership)on behalf of the Corporation or any
Partnership.
RESOLVED FURTHER, that all of the acts taken by the Board of Directors of this
Corporation and all actions taken by the officers of this Corporation during the fiscal year ended
March 31, 2002 (including, without limitation, all acts taken in the Corporation's capacity as the
sole general partner of the Partnership)be, and they hereby are, adopted, approved and ratified.
This Action by Unanimous Written Consent may be signed in multiple counterparts, each
of which shall be an original and which,when signed by all directors of this Corporation, shall
constitute resolutions adopted by the directors of this Corporation by written consent.
[Remainder of page intentionally blank]
Annual BOD UWC 042302
3
The undersigned, being all the directors of SummerHill Stone Valley Incorporated,
hereby consent to the adoption of the foregoing resolutions.
DATED: April 23,2002
urge M. Marcus
Donald A. Lorenz
Roger B. Menar
Annual BOD UWC 042302.doc
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