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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-622 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 62 SUBJECT: Amending Drainage Improvement Agreement, Subdivision 7387, Alamo Area. (District IIT) On July 8, 2003, this Board approved the Drainage Improvement Agreement with Alamo Highlands,LLC, for Subdivision 7387 off-site creek improvements. The following security bond rider to guarantee the off-site drainage improvements was presented for Board approval this date: Security with Alamo Highlands, LLC, as principal in the form of a corporate surety bond rider (Bond No. 8680885) dated September 15, 2003, and issued by Developers Surety and Indemnity Corporation. NOW THEREFORE BE IT RESOLVED that the Drainage Improvement Agreement approved by the Board on July 8, 2003, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond rider to amend the bond number to read from 868088P to 8680885. I hereby certify that this is a true and correct copy of an PE:rm action taken and entered on the minutes of the Board of G:\GrpData\EngSvc\Bo\2003\10-14-03\SUB 7387 B0-23.doc Supervisors on the date shown. Originator. Public Works(ES) Contact. Rich Lierly(313-2348) cc: Director of Community Development OCTOBER 14 2003 Public Works -Accounting ATTESTED: , Construction Alamo Highlands,LLC JOHN SWEETEN, Clerk of the Board of Supervisors Peter Branagh and County Administrator 3201 Danville Blvd.,#170 Alamo,CA 94507 Developers Surety and Indemnity Corporation 17780 Fitch,Suite 200 ,� Irvine,CA 92614 By �" : Deputy RESOLUTION NO. 2003/ 622 RIDER in 1CO BOND NUMBER 8680885 O t H � CA 5 �1 DATE OF NOTICE BONG?NUMBER TYRE OF BOND 10_02_2003 8680885 SUBDIV. IMPROVEMENT STORM DRAIN-STONE VALLEY 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 below. OBLIGEE: COUNTY OF CONTRA COSTA 255 GLACIER DRIVE MARTINEZ CA 94553 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 10-02-2003 This rider is on behalf of ALAMO HIGHLANDS LLD and in favor of the Obligee Stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND NUMBER TO READ FROM 868088P TO 8680885 Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 02 day-of OCTOBER 2003 By Attorn in- aat P OOQUC„ER: FISCHER R C AND COMPANY 1655 N MAIN STREET SUITE 360 WALNUT CREEK CA 94596 ORIGINAL HAS BEEN MAILED TO OBLIGEE IF REQUIRED. THIS IS YOUR NOTICE OF CHANGE. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3301 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: *** Pauline McLean, Antonio Alvarado, Gina L. Garner, 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 Attorney(s)-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 Attorney(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 1,2000: 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 atiorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds.undertakings and contracts of suretyship: ary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney. and that the Secretary or any Assistant Secret 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. K'1 AND IN ,. PAN By: ,,� .... i2�r' C)�' YO David H.Rhodes,Executive Vice President i.'�J,'�pPORq .aye``: yV 0i;k?0 � OCT. . c= ? Ci w OCT.5 0 c iQ `c �c 1967 By: 1536 O 2 Walter A.Crowell, Secretary s'�j`. /DWA"`�tkr' X9'1/! 0"��� 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 nemons acted.executed the instniment. WITNESS my hand and official seal. T61My ANTONIO ALVARADO COMM.#1300303 " Notary Public-California � ORANGE COUNTY Signature _ Comm.Expires APRIL 10,2605 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 _ day of OCTOBER 2003 . By David G.Lane,Chief Operating Officer ID-1380(01102) STATE OF CALIFORNIA SS. COUNTYOF ORANGW On OCTOBER 2,2003 before me, DONNA DIANNA VIRGEL PERS©NALL,YAPPEARED ANTONIO ALVARADO personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisAerltheir authorized capacity(ies),and that by hislherltheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. DONNA DIANNA VIRGIL cs COMM. #1414892 WITNESS my hand and official seal. � NOTARY POOLIC•CALIFORNIA 9 ORANGE MUNTy MY Comm.Exp.M'p Z,2007 It M Signature This area for Official Notarial Seal 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 TITLE OF TYPE OF DOCUMENT Tm E(S) ❑ PARTNER(S) ❑ LIMITED GENERAL ONE ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: OCTOBER 2,2003 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EN-nTY(IES) DEVELOPERS SURETY AND INDEMNTY COMPANY SIGNERS OTHER THAN NAMED ABOVE 19-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT