HomeMy WebLinkAboutMINUTES - 06221999 - C17 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on June 22, :999,by the following vote:
AYES: SL;'ERV ISORS GIOIA, UIUKE,A, GERBER, DESAL'LNZER, AND GANCOIAIILLA
NOES: NONE
ABSENT: NONE
ABS'T'AIN: NONE
RESOLUTION NO. 9V-
SUBJECT: Amending Drainage Improvement Agreement, Subdivision 8075, Walnut Creek area.
The following substitute securities to guarantee the drainage improvements, as rewired by Title
9 of the County Ordinance Code, were presented for Board approval this date:
Security in the Form of a cash bond(Auditor's Deposit Permit No. 332621, dated June 1, 1999,
in the arr:ount$1,000.00) deposited by Mardel LLC in addition to $5,000.00 retained from the original
cash deposit(Auditor's Deposit Permit No. 310681, dated March 17, 1998)will now tote: a$6,000.00
cash bond.
Security with Mardel LLC as principal in the form of a corporate surety bond(Bond No. P 289
31 60) dated May 24, 1999 and issued by Reliance Surety Company in the amount $59,000.00 for
faithful performance and $30,000.00 for labor and materials.
NOW THEREFORE BE I T RESOLVED that the Drainage Improvement Agreement approved
by the Board on May 24, 1998, is hereby AMENDED to allow substitution of the above-mentioned
corporate surety bond and a reduction of the cash security.
BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund
$55,000.00 of the $60,000.00 cash bond(Auditor's Deposit Permit No. 31068 J.,dated March 17, 1998,
in the amount $60,000.00) plus interest in accordance with Government Code Section 53079, if
appropriate, to Mardel LLC.
All deposit permits are on file with the Public Works Department.
I hereby certify that this is a true and correct copy of an
Ri.:3L:trw action taken and entered on the minutes of the Board of
c:\CrpData\Bngsvc\Bo\1999\so 6-22-99.doc Supervisors on the date shown,
Originator; Pudic Works(BS)
Contact: Rich Lier`:y(313-2348)
cc: Public Works AccountingATTESTED; J ' �QQ
Construction
Current Planning,Ccmrnunity Development PHIL BATCHELOR., Clerk of the Board of Supervisors
Mardel LLC and County Administrator
2552 Stanwell Drive,Suite 203
Concord,CA 94520
Reliance Surety Company
580 Caiifornia Street,Suite 1300
San Francisco,CA 94:04 By , Deputy
Bond: P289 31 60
Premium: $1,160.00
ROVENT T T SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(Performance,Guarantee,and Payment)
(California Goverment Code §§66499--66499.14)
1. RECITAL OF DRAIINAGE IMPROVEMENT AGREEMEi ; The Developer has executed an agreement with the
County to install and pay for drainage and other improvements on,or along North Gate Road
and to complete said work within the time specified for corhpletion in the Drainage
Improvement Agreement,all in accordance with State and local lawns and rulings.
FARDEL LLC
2.
OBLIGATION:o as Principal and
RE L I AN CE SURETY COMPANY ,a corporation organized existing under the laws of the
State of Delaware � and authorized to transact surety business in California,
as Surety,hereby jointly and severally brad ourselves,our heirs,executors,administrators,successors,and
assigns to the County of Coma Costa,California to pay it:
A. Performance: FIFTY NINE THOUSAND AND NO/100------------------------------®---" dollars z
(S 59,000.00 )for itself or any city assignee under the above County Drainage
Improvement Agreement,plus
B. Payment:
THIRTY THOUSAND AND N0/100------------------------ ------ Dollars
(S 30!000.00 )to secure the claims to which reference is made in Title 15 §§
et sec.of the Civil Code of the State of California.
3. CONDITION:
A, T'he Condition of this obligation as to Section 2.(A)above is such that if'the above bonded Principal,
his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide
by,and well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning,and shall indemnify and save harmless the County of Contra Costa(or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
Trull and void;otherwise it shall be and remain in full force and effect.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On May 24, 1999 before me,Bernice Elizabeth ONeal,Notary Public,personally
appeared Kathleen Bryant,personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to ane that she execcuted the same
in her authorized capacity and that by her signature on the instrument the person or the
entity upon behalf of which the person acted, executed her instrument.
11 BES EC ELIZABETH pNEA Witness my hand and official seal
C,, tMM. 1189793
NOTARY PUBLIC-CALWORI
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C(DNTRACOSTA GCaUNTY -�
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OPTIONAL
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Though the data below is not required by lane; it may prove valuable to persons relying on the document
and could prevent fraradulent reattachment to this form.
CAPACITY CLAIMED BY SINNER; Attorney-ire-Fact
SIGNER IS REPRESENTING: RELIANCE SURETY COMPANY
:I tIANCE SURETY TY COMPS RELIANCE rqSURANCE COMPANY
UNITED PACIRC INSURANCE COMPANY Y ,RELIANCE NATIONAL WDEIMNITY COMPANY
i- -
ADMINISTRATIVE OFFICE,PHILADELPHIA,PENNSYLVANIA :-
POWER OF ATTORNEY
KNC3y+Y ALL Ita<lElel BY THESE PRESENTS that RELIANCE SURETY COMPANY is a corporation dol organized under the laws of the State of Del-
aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY,are corporations duly organized under the hues
of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly{organized under the laws of
i the State of Wisconsin (herein collectively called "the Companies') and that the Companies by virtue of signature and seals do hereby make,
constitute and appoint Kathleen Bryant, of Concord, California their true and lawful Attorney(s)-in-Fact,to make,execute, seal and deliver for and ;
on their behalf, and as their act and dead any and aA bonds and undertakings of suretysltlp and to bind the Companies thereby as fully and to the
same extent as if such bonds and undertakings and other writings obligatory in the mature thereof were signed by an Executive Officer of the I
Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may'do in
pursuance hereof.
This Power of Attorney is granted under and by the eut#sorittyy of Article VII oaf the .fay-1 aws ref RELIANCE SURETY CDlv1t�A�iY,
i RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which
provisions are now in full force and effect,reading as follows:
A►rTf^ea btt-EXECUTION Of BONDS APS UNDWrAKINGS -,--
7. Thu Board of Directors,than Presldarrt,the chairman of the Saard,wry Bard r Vice President,any Vice Presiderrt or Assistant Vice President or 4#W officer desiWoted by tha�car�of
i Directors shat;two*power and suthorty to(a)sppt>nt Attomay(s)-in-Fact and to Authorize thfam w—execute an behaff of&,.*Company,bonds and undo!takinga,reccgnizunces,contracts of indemnity
i and other surf fw oulastory in ft nature thareof,and ibi to rs no"any such Aftorh ayis)4h-Fact at any rima and revoke tree power end authority Oven to tinea. 3
2. Aftorraayfai-in-fact area££have power and eutncrity,atklect to the twine and Wnitsftm of the Sorer at Attorney Issued to-V*rn, to execute dal,w on bahaif of&*Company,bonds
and undertakings,fecognikancee,Contra=of mndemnity and ether writings obligatory in rnatnue#woof. The corporate seal Is not necessary for the validity of any bonds and undertakings,
#rano?t't£ka?tbaB,oomrac of indemnity and odw writings ob£igatory in the nature thereof.
3. Attomoy{a)-f-,Fact shall two power and ex£ty to execute affidavits rarxa+red to be to bonds,aactr&nrfzances:contram of Indemnity or other conditicna; or oWgatofy
undertakings and they siren arise+have power and authority to wdfv the financial statement of the Cavy and to oeplas of Sy4.. of she Con4arry or any article or section thereof.
This Power of Attorney is signed and seeled by facskni£s under and by authority of the fcfiowine resolution adortad try thetxsoutiuo wO Ftnanba Co'"ureas of the Boards of Okoctors of Rsf)anr a
f insurance Csrnparry. United Panific insurance Company and ReiRancs Nat£anai In damn.£ty company by Unanimous Consent dated as of Fabruary 28, 7994 and by the Executive and Financia?
Cornmittee of the board of Diractere of Reliance Surety Compan.y by UmmiErnous Conant dated as of March 31,7884.
*Rasotvad that the stpaturas of such d0ectors and off#ers and�ho seed of the Company may be affixed to any such Poser of Attomay of arry aartilicates refuting thereto by
facae.•ndla,asd any acwoh Power of Anwnay or as"ieato bearing osis.^,lace'`^mile s"Mos or facalm€tor$ees sdnafd be va£sy end binding-upon t ra Coastiaany and any otic`.PtWW so
executed and certified by facsir!a£ie signatures and facsimile Seal stwil be valid and binding(upon the company,-sn rine futwe with respect to any bow ars"underas vD to wivch it Is 3
attached." i
IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19,
RELLAINCE SURETY COMPANY #
RELIANCE INSURANCE COMPANY
I"i4TMD PACIFIC LNSURA.NCE COMPANY
�a -, iLA.NCE NAT. INDEMNITY COMPANY
tea} fr�,t v{i..
g fa ase+-`!�`..
Af
y,e, 6 }
STATE OF Washington
COUNTY OF Icing )as.
On this, July 19, 1996, before me,Janet Slank#sy, personally appeared Mark W. Atlsup, who acknowledged himself to be the Vice President of
the Reliance Surety Company, and the Mice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National
In"mnity Company and that as such, being authorized to do sof, executed the foregoing instrument for the purpose therein contained by signing
the name of the corporation by himself as its duly authorized officer.
In witness whereof,I hereunto set my hand.and official seal.
Nota _ Public in and or the State ss#Washington
ResidiAg at Puyallup
i 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PA )FIC INSURANCE COMP-
ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power
i of Attorney executed by said Companies, which is still in full force and effect.
99
IN W`ITNESS'WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 24t day ref May 19 olrml-
Assistant Secretary Wit- 'Stisyya+ir� �'tm;a�� - r
i
• -� > a• 8 - " g r r ti.; +rt,t,33'yY+
CALIFORNIA ALL-PURPOSi >XKNOWL.ECOMEt+ T No.5P07
State of FIFO
County of COWMA COSTA Coum
on r, before meg TMNI MALONE$ NOMY MBLIC
k9'E NAME.YrLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUSt1C'
personally appeared ** D. UT-ON***
NAME;s)OF SIGNER(S)
C personally known to me s OR - FAe en thee9f GaN6fa9t9Fy eYideAG9
to be the person(f) whose name(l) is
subscribed to the within instrument and ac-
knowledged to me that he/ executed
the same in his/1151; 11141i authorized
capacity(' ), and that by his/ketOXIM
A.- THE N- MALO NE signature(i } on the instrument the personM,
COMM. 1082220 � or the entity upon behalf of which the
NOTAPY NT;RAE,i3=ESTAClFt3NT person(s) acted, executedthe instrument.
My cgml n.Expi es� ne 99,4999
WITNESS my hand and official seal.
SEi3NA75.iFSa L'SF t3OgARY
OPTIONAL
Though the data below is not required by lawn,it may prove valuable to persons relying on the ument and could prevent
tra tent reattachment of this tarn.
CAP CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL.
ATTORNEY-IIS-FACT NUMBER OF PAGES
TRUSTEE(S)
El GUARDIAN/CONSERVATOR
01 OTHER:
I3AT o DOCUMENT
SIGNER IS REPRESENTING:
NAME Of PEASON(3)OR ENTMY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Reanmet Ave.,P.O.Sox 7184$Canoga Perk,CA 91309-7994