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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-79 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ 79 SUBJECT: Amending Subdivision Agreement,Minor Subdivision 3-00, Alamo area. (District 111) The following bond and bond rider guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Gene R.Schmidt,Inc.as principal in the form of a corporate surety bond(Bond No. 867856S) dated June 17, 2003, and corporate surety bond rider (Bond No. 8678565) dated November 24, 2003, and issued by Developers Surety and Indemnity Company in the amount of $267,200.00 for faithful performance and $134,920.00 for labor and materials. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement,Resolution 2002/530, approved by the Board on September 10, 2002, is hereby AMENDED to include the above-mentioned corporate surety bond and bond rider. All deposit permits are on file with the Public Works Department. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of G:\GrpData\EngSvc\BO\2004\02-24-04\MS 3-00 130-21doe Supervisors on the date Shown. 3D:rm Originator: Public works(ES) Contact: Frank Navarro(313-2254) ATTESTED: FEBRUARY 24, 2004 cc: Director of Community Development Public works Accounting JOHN SWEETEN, Clerk of the Board of Supervisors Construction and County Administrator By , Deputy RESOLUTION NO. 2004/ 79 ,, INSCO INSURANCE SERVICES, INC. l '1�c%ir© underwriting Manager for: CffD�11�1) Developers Surety and Indemnity Company Indemnity Company of Caiifornia 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 8678565 Principal: Gene R. Schmidt, Inc. Obligee: County of Contra Costa Surety: Developers Surety and Indemnity Company Effective June 17 , 2003 , it is agreed that: Increase Performance Bond Amount from$196,000.00 to$267,200.04 and Payment Bond Amount from$99,000.00 to $134,920.00 Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 24th day Of November 2003 P fncip�: Gene .Schmidt,Inc. Surety: Developers Surety and Indemnity Company Attorney-in-Fact PRODUCER: California insurance Center ID-1183(REV. 1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA SS. County of CONTRA COSTA On c /AI`?(JA 'Y G t 2 before me, ALEX D. VOSICKA, NOTARY PUBLIC , ®ate Name and rale of Offioar personally appeared G6NE CPM1 Ji - Name(s)or S>4-Ks) ❑ personally known to me -OR- C proved to me on the basis of satisfactory evidence to be the personof whose nameof is/ subscribed to the within instrument and acknowledged to me that he/4Wjt#wf executed the same in his l jef/gx! STATE OF Ca"fomla S5. COUNTY OF Contra Costa On NOVEMBER 24 200 before tne, Tanya Chinchilla,Notary Public PERSOMALLY APPEARED John Daley personally lcnowlt to me nadmw)to be the person(y)whose narne(s$is1wx.subscribed to the within instrument and acknowledged to me that he/j6z&jzX executed the sante in hLvkodtkjr authorized capacity(ijck and that by his4p dr sigttature(4 on the instruntent the person(}},or the entity upon behalf of which the person( acted,executed the instrument. N.YA CC •=-==- ° TANiNCi-IILLA 1� Commission# 1375153 I WT7NESS my hent!and official sect!. Notary Public - Colitomia Centro Costa County My Comm.Expires Sep 16,2006 Signature l This area for Oficial 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 forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL INCREASE RIDER TO BOND# 867856S D CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLES) D PARTNER(S) D LIMITED ONE (01) ® GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES D TRUSTEE(S) D GUARDIANICONSERVATOR NOVEMBER 24, 2003 D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENVMtES) DEVELOPERS SURETY AND INDEMNITY COMPANY NIA SIGNER(S)OTHER THAN NAMED ABOVE 0-1232(REV.5/0() ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNI'T'Y COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY TI#ESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** John Daley, M.R. Prenger, C. Smith, Lin Barnett, jointly or severally *** as their true and lawful Attornev(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of sureivship 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 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 aitorney(s)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 anv 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. ANa . pANyO Bv: 1•`p4 ........... t7�' David H.Rhodes,Executive Vice President `o`yJ,�00Rq� ,dy i; �V OptPOi qT ` zc4P OCT. ow; 19 c (7C 5 :0- 1936 �- w 1966 7 0> tr By:Waiter A.Crowell. Secretary Z4,w � �u �a�' s'!IF'0F�\ a 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. lat ANTONIO ALVARADO C3COMM.#1300303 Notary Public-California , ORANGE COUNTY Si naturey Cotrim.Expires APRIL 10,2405 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 2,4M_day of N01i:RMjjgR , By David G.Lane,Chief Operating Officer I D-1380(01/02)