HomeMy WebLinkAboutMINUTES - 04012003 - C5 Recorded at the request o€: CONTRA COSTA Co Recorder Office
Contra Costa county STEPHEN !, WEIR Clark-Retarder
Engineering
eningWorkDepartment Divi DOC— 2003-0148569--00
Engineering Services Division
Return to: Tuesday, APR 01, 2003 13:52:00
Public Works Department �R� $� �®
Engineering Services Division
Ttl Pd $0,00 Nbr-000103�835g1_e
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 1, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, liILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 204
SUBJECT: Accept Completion of Improvements, Road Improvement Agreement for Road
Acceptance 1101 (cross-reference Subdivision 8016)and declaring a certain road as a
County road, Stene 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
c:\CrrpData\EngSvcl\Bo12003\4-01-03\RA 1101 Bo-42.doe action taken and entered on the minutes of the Board of
Originator: Public Works(BS)
Contact: Rich Liddy(313-2348) Supervisors on the date shown.
cc: Public Works Accounting
-T.Bell,Construction
-Maintenance(w/Plat)
T- 4-01-04 ATTESTED: APRIL 01, 2003
SummerHill 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
Los Angeles,CA 90041 $y , Deputy
Recorder(via Clerk),then Records Section
CSAA-Cartog ,s
CHP,c/o Al
Sheriff-Patrol Div.Commander
RESOLUTION NO.2003/ 2-04
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, Stene 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 ding 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 Order 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
$61,983.90, .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 NO. 2003/204
............ ...........
merican Motorists Insurance Company
Bond Number : 3SM 982 236 00
ENWRSEMENT
To be attached to and form a part of Subdivision Performance/Labor & Material Bond, issued by the
undersigned company, as ,Surety on behalf of SulaunerHiD Moue Valley. Ltd as Principal, in favor of
Coun ot+� f Contra, Costa as Obligee,
Effective January 8, 2002, the Principal and the Surety hereby agree to amend the attached band as
fellows:
Bond Amount Reduced as FoHows-
fttj One Thousand Nine unfired Ei h Three and 901100ths
($61,98IM
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,DATER:January 9,2003
SummerHil t ne Valley, Ltd "'Lcan Motorists Insurance Company
(Principal) (Surety)
By: Summerlin tine V 1e Incor orated By:
Ina A. Clan >Attorney In Fact
By:
Ro , Me Mrd, President and. CEO
Coun ntra Costa
m (Obligee)
By:
Endorsement Number: one(1)
DIRECT CORRESPONDENCE TO .
LOU JONES&ASSOCIATES,PO BOX 41375,7470 N.FIGUEROA ST.,LOS ANGELES,CA 99041
PHONE(323)257-8291 Pi FAX(323)256-7218
UA hider-48-25-99.dot
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
SS.
I
County of G(om t)r — —
l {�
On + 'w' li%�, before me, �itefi�
b•a Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared
Name(s)of Signer(s)
personally known to me
proved to me on the basis of satisfactory
evidence
f
to be the person(s) whose name(s) is/are
►ELEA ..r►r OHE subscribed to the within instrument and
ELEANOR #129 td acknowledged to me that he/she/they executed
C+ammtsston#t�95bB.� i
Notary Public_Colitornia the same in his/her/their authorized
Santa Clara County capacity(ies), and that by his/her/their
M+C MM.8"%A3b2+, 5 signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS and ar official seal.
—
Place Notary Seal Above Signature of Notary Public
t
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying can the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docurn t
Title or Type of Document:
t
Document Gate:_.__.i l fit,.lb"s Number of Pages:_.
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s): —
El Partner--❑Limited ❑General
❑ Attorney in Pact
❑ Trustee I
❑ Guardian or Conservator
�3
❑ Other:
1
Signer is Representing:
0 1999 National Rotary Association•9354 6s Soto Ave.,P.O.Box 2402 ChatewoM,CA 91313-2402 WWWmationalnoteyarg Prat.No,5907 Reorder.Celt 7 A-Free t-844.978-8827
CALIFORNIA ALL-PURPOSE CERTIFICATE of ACKNOWLEDGMENT
State of
County of 5rW1I. (.SIL
i
On 116 /.r, i before me, S�r--eP sva ibo i P Joh
Date Name,title-e.g.,Jahn Doe,Notary Public
personally appeared_ - C_L rj 6l, V! I 4�c x v i r-6 PA fis;-*&Aer
Name(s)of Signers(s)
-Personally known to me tR
Proved to me on the basis of satisfactory evidence
to be the person(X)whose name0o is/W subscribed to the within instrument and acknowledged to
me that l*/she/tlKy executed the same in l /her/t*r authorized capacity(i;ss.), and that by hK/
her/tl*rr signature$)on the instrument the person(},or the entity upon behalf of which the person(:
acted.,executed the instrument.
�, +< BAMEB E. ABOUJUDOM Witness my hand and official seal.
K COMM. 1229761 __..
NOTARY PUBLIC-CALIFORNIA
SAN MATEO COUNTY ..
My Gomm Expires 41
23,2603
Signature of Notary
Sbrw t^pif*C ww.# � `" 2.T 2s4
Seal Print Notary's Name,County to which Commissioned and Commission Expiration Date
Ql'lQNAL
The data below is not required by law, however it may prove valuable to persons
relying on the document and could prevent fraudulent reattachment o,f this form.
SIGNATURE AUTHORITY of SIGNER: DESCRIPTION OF ATTACHED DOCUMENT
Q INDIVIDUAL.
6'CORPORATE OFFICER(S)
Q PARTNER Titles) TITLE OR TYPE OF DoCUMEN T
Q LIMrTED
U GENERAL. NuM$ER OF PAGES
Q ATTORNEY-TN-FACT
U TRUSTEE(S)
IJ GUARDIAN/CONSERVATOP DATE OF DocuMENT
U OTHER:
SIGNER(S) OTHER THAN NAMED ABOVE:
NAMES)of PERSONS)OR Emm(IEs)SIGNER IS REPRESENTING'
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 A. Bisordi Notary Public
NAME TITLE OF
CFR
personally appeared Christina A. Clarkson
NAME OF SIGNER
ZPersonally known to me w 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
WORD entity upon behalf of which the person(s) acted,
comm.dt1266238
Nc3esYPub�sc.Cu#fa�nla executed the instrument.
'.cs
CommMy Exp. Aar 10,2004
-of IF 04
WITNESS my hand fcial seal.
a
G A RE OFlMffy-)-
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 ATTACI-YED DOCUMENT
INDIVIDUAL
E] CORPORATE OFFICER
TITLE,OR TYPE OF DOCUMENT
TITLE(S)
-----------------------------------
PARTNERS) LIMITED
GENERAL NUMBER OF PAGES
Z 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
American Manuca�turers-Muival Insurance Company SIGNtR OT1419R T AN NA Eb E-
Lumbermens Mutual Casualty 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. Cripe , Michael E Cundiff , George Munana , Raymond E. Gall ,
Susan E Morales , Christina A. Clarkson , Lawrence W. Carlstrom and Angelica Bisordi
of Los Angeles , CA (EACH)
their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seat, 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
B(CEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bona or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same 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 elected officers at their principal office in tong Grove, Illinois.
This Power of Attorney Is executed by authority of resolutions adapted by the Executive Committees of the Boards
of directors of the Company on February 23, 1988 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 Board, 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 seat 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 adapted 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 seat 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, 1988 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."
FIC 09 75 (Ed. 09 01) Page 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.
Lumbermens Mutual Casualty Company
Attested and Certified: American Motorists insurance Company
American Manufacturers Mutual insurance Company
a
r
t 6 111 t+n t�rwxx � � ,uauxax �+
awaulroiutto vd01F+ObA;MN J
IUiAJ SEAL Y
oh K. Conway, Corpor&4 Secretary ZGary J. V
ly, #hlor Vice Pres• t
STATE OF ILLINOIS SS
COUNTY OF LAKE SS
1, 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, sealed 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" 197a . �. ay'7►''?G✓,L�'
LAAJV+�L OMORt
RMARY My COMMIS"R StATF OF 1l7►200 Maria 1. Omor€, Notary Public
My commission expires 9-17-03
CERTIFICATION
t, 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 bower 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
U
a
taae�rok. aara.mr
As
LIM UV
Joh K. nway, Corporate gzretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically reamed
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 01) gage 2 of 2 Printed In U.S.A.
.............................................................................................................................................................................................................................................................................................................................
............................................................................................................................................................................................................................................................................................................................