HomeMy WebLinkAboutMINUTES - 02072006 - C.6 (2) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII((IIII(�IIIIII
CONTRA COSTA Cc Recorder Office
Recorded at the request of: STEPHEN L, WEIR,, Clerk-Recorder
Contra Costa County 00C— 2006-0042299-00
Board of Supervisors Wednesday, FEB 08, 2006 15:20:51
Return to: FRE $0.00
Public Works Department Tt I Pd $9.90 Nbr-9003114129
Engineering Services Division ,
Ire/RS/1-8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 7, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/ .1e.0
SUBJECT: Accepting completion of private improvements and accepting Bond Rider for
deficiencies, Minor Subdivision 02-00022, Alamo area. (District III)
These improvements are approximately located on Vine Lane near Danville Boulevard.
The Public Works Director has notified this Board that these private improvements have
been completed as provided in the Subdivision Agreement with 1221 Monticello LP, with the
exception of minor deficiencies, specifically the top lift of asphalt concrete, for which cash
security in the amount of$2,332.00 (Auditor's Deposit Permit No. 417946, dated January 15,
2004 and a bond rider for$15,038.00, Bond No. S703127 dated January 9, 2004) issued by
Financial Pacific Insurance Company, shall be held to insure satisfaction of these outstanding
deficiencies pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release
by this Board.
LB:rm
G:\GrpData\EngSvc\BO\2006\02-07\MS 02-00022 B045.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact:S.Gospodchikov(313-2316)
Recording to be completed by COB action taken and entered on the minutes of the Board of
I.D.94-3280112
cc: Public Works Construction Div. Supervisors on the date shown.
P.Tehaney,M&T Lab
H.Finch,Maintenance Div. Y��y �r /
I.Bergeron,Mapping Div. ATTESTED: T l�
L.Breen,Engineering Svc.
T.-12/20/06 JOHN SWEETEN, Clerk olthe Board of Supervisors and
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o AI
CSAA—Cartog
1221 Monticello LP
c/o Appian Construction Co.,Inc
1485 Enea Court,Suite 1490
Concord,CA 94520-5228
BY �^ , Deputy
Financial Pacific Insurance Company
Attn:Lisa M,Lucas
P.O.Box 292220
Sacramento,CA 95829
RESOLUTION NO.2006/ "7►v
SUBJECT: Accepting completion of private improvements and accepting Bond Rider for
deficiencies, Minor Subdivision 02-00022, Alamo area. (District III)
DATE: February 7, 2006
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of February 7, 2006 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 BANK/SURETY
February 24, 2004 Financial Pacific Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$116,600.00,
Bond No. S703127 issued by the above surety be RETAINED for the six month lien guarantee
period until August 7,2006, 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 private improvements have been COMPLETED
and are NOT ACCEPTED NOR DECLARED as County Roads, at this time.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public
Works Director is AUTHORIZED to retain the cash security for performance in the amount of
$2,332.00 (Auditor's Deposit Permit No. 417946, dated January 5, 2004) and the bond rider for
$15,038.00,Bond No. S703127 dated June 30,2005,issued by Financial Pacific Insurance Company
to insure satisfaction of outstanding deficiencies, specifically the completion of top lift of asphalt
concrete including reclamite (if required) to be placed when home construction is completed.
All deposit permits are on file with the Public Works Department.
DECREASE RIDER
To be attached to and form part of Bond Number S703127 effective
January 9 2004 issued by the Financial Pacific Insurance Company
in the amount of Two HundredThirty Three Thousand Two
Hundredand00/100 - - - -- - - - - -- --- - - - - - - - - - - - - - -- - -DOLLARS ($ 233,200.00 ),
on behalf of 1221 Monticello, L.P. ,
as Principal and in favor of County of Contra Costa ,
as Obligee.
Now therefore,it is agreed that:
We, Financial Pacific Insurance Company ,
Surety on the above bond,hereby stipulate and agree that from and after the effective
date
FROM: Two HundredThirty Three Thousand Two Hundredand ($ 233,200.00 )
TO: Fifteen Thousand Thirty Eight and 00/100--------------- ($ 15,038.00 )
It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged.
This rider is to be effective the 6th Day of June 2005
Signed, Sealed and Dated this 30th Day of June 2005
1221 Monticello, L.P.
(Principal)
B :
Financial Pacific Insurance Company
(Sarety)
By:
Lisa M. Lucas A orrey-In-Fact
S-2127/GEEF 2/98
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
)
State of California
County of i �-\ [� �s�5 ss. )
On_ before me, )
Will-, Na and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared Q (LZ
Name(s)of Signer(s)
*$personally known to me
❑ proved to me on the basis of satisfactory
evidence )
to be the person(s) whose name(s) is/are
JUDY R.JAR1/IS subscribed to the within instrument and
_ Commission d#1345000$ Z acknowledged to me that he/she/they executed Notary c-Public Calftmia
Z > the same in his/her/their authorized
Contra Costa County capacity(ies), and that by his/her/their )
MyComirn.Expires Agar 1,2006 signature(s) on the instrument the person(s), or )
the entity upon behalf of which the person(s)
acted, executed the instrument. )
m and al.
Signature ota is l
_ 1
OPTS21
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
i fraudulent removal and reattachment of this form to another document.
Description of Attached Document
E
Title or Type of Document:
Document Date: Number of Pages:
)
Signer(s)Other Than Named Above: )
{
t Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here )
( ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General i
❑ Attorney-in-Fact
❑ Trustee
( ❑ Guardian or Conservator
❑ Other: )
f 1
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
LIMITED POWER OF ATTORNEY
Financial Pacific Insurance Company
BOND NUMBER S703127 POWER NUMBER 800706
PRINCIPAL 1221 Mont ice llo.,;�L P.: PENAL SUM
$,YS;,038.00
KNOW ALL MEN BY>THESE`PRESENTS 'thafFl*iianctal:`Eacific Insurance=Company,,a�.California corporation(the"Company"),
does hereby make, constitute.and;appoint
Lisa M Lucas,Veronica Raniirei D. Richard Stinson,Andrew Kammerer
its true and lawful Attorneys in-Fact;=with.limited..pow,er andauthority for and on.behalf of thesCompany assurety, to execute,deliver,and affix
the seal of the Company thereto if a seal is required on bonds undertakings,recognizances or other Whit`en:obligations in the nature thereof as
follows: k. s d } y"
Bid, Performance, Payment, Subdivision and�M><s6GfieoustBond�p to:$1,500;000:00
t
and to bind the Company thereby This'Power of Attorney=is ss (d.and sealed by facsimile under and`by the authority of the following
resolutions adopted by the Board oPDirectors of Financial acific Insurance Company ap e;meeting duly held July 6,..1995,which are now in
full force and effect: Dt
ph
- : Na � Y�
RESOLUEDa atltat tttevPreszdent or any Vi 6 President m conJunenon with the,Secretary or:any Assistant.Secretary, may appoint
attorneys-in-fact or agents4,withauthori as defined4or unife`dlin the rnstrument evidencing the appoltitment,m each case,for and on behalf of
the Company,to execute-anddelrver,ariaffix the``seal ofthe'Companyto bonds€unbdert`akings,recognizances,:and suretyship obligations of all
kinds;and said officers may remove any such attorney 1n fact or agent and revoke any\powei+g attorney previou"sly granted such person.
` ,
RESOLUEDFURTHER, that ny bondundertaking;;recognizance or suret �hipyobligation shall,be valid and binding upon the
Company when signed and sealed (if a seal�be requi%ed)gby orie or more attorneys in act�pursuantzto and within the-limits,of the authority
evidenced by the power of attorney issued by ttie Company,to such person or persons
RESOLVED FURTHER that the signature of any authonzedoffice and�the seal of the�Company maybe�:fixed.by facsimile to any
power of attorney or certification'thereof.at t orizing the executioneand�delivery9 of any bond und`enaking,,recogmzanCe or other suretyship
obligations of the Company any such signature and seal when so used,,s r,ce`;and effect a`sathough-rniahTd1ly affixed.
IN WLTNESSi,WHEREOF°tFinancial Pacific Insurance`Company has caused these presents to b`e signed by its-proper officers,and its
corporate seal", be hereunto affixed this 1Sthgof#March 2004 66 1pf
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'
ANS
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O`��•G�F\t;W SV8 1
A
DULY 2,?, �.
v: ; = Robert T.Kingsley,President J R.Hollingshead Secr
.&* 1986 ate,
Fy
///aunnnlvAv 1
1 t x S AM i b f'# ,
STATE�OF GALIFORNIA,'COUNTYOF SACRAMENTO 1 / {
Ongthis�l5th day of March 2004p personally came bef�e merRobert�T. Kmgsleyfand JohF17n R. 13ol�uigshead, to me known to be the
mdiuidualsrand6officers-.of Financia�Pac"Onsurance Company;,who.executed.the;aboye instrument,and.they Kaye acknowledged the execution
of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal
affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed
and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
REBEKAH MOELLER
r COMM.#1471389
WNotary Public-California N
PLACf3tCOt Y .+ Rebekah Moeller,Notary Public
e4My Comm.EW Fab 21,2M
CERTIFICATE
I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this
Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board o Directors set
forth, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect.
Signed and sealed at Sacramento,this 30th day of June 20 05
John ollingshead,Secretary
Financial Pacific
Insurance Company
seal must
be affixed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
)
State of California )
Alameda ss. )
County of )
)
On June 30, 2005 before me, Jasbeena Goswami
Date Name and Title of Officer(e.g..'Jane Doe.Notary Public') )
personally appeared Lisa M. Lucas
Name(s)of Signer(s) )
XXpersonally known to me
❑ proved to me on the basis of satisfactory )
evidence )
l'
to be the person(s) whose name(s) is/are )
subscribed to the within instrument and )
JAS EENA GGS`XAN'l acknowledged to me that he/she/they executed 1
Commission # 1'368326 1
F L the same in his/her/their authorized j
Notary Public California capacity(ies), and that by his/her/their
Alameda Counfi
/ signature(s) on the instrument the person(s), or
` -
MyComm.ExpiresAue�9,20C6`1 the entity upon behalf of which the person(s) )
acted, executed the instrument.
)
WITNESS m hand and official seal.
r
Signature of Notary Public
•j
OPTIONAL i
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent 1
fraudulent removal and reattachment of this form to another document. )
Description of Attached Document )
Title or Type of Document: )
Document Date: Number of Pages: )
i
Sioner(s) Other Than Named Above: 1
)
Capacity(ies) Claimed by Signer )
j
Signer's Name: )
�l
❑- Individual Top of thumb here j
❑ Corporate Officer—Title(s): N
❑ Partner—❑ Limited ❑I General )
KKAttorney-in-Fact j
❑ Trustees
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: i
c%f.� - �. _ _. �.._ _.. _'�'f�� ;�.._,..:� �sj✓„i✓v✓q �,a;���:;'e-�,BSc �;,�a� - _._,Sc% _ �._:.*.')
0 1999 National Notary Association•9350 Ds Soto AvE..P.O.Box 2402•Chatsworth.CA 9131;-2402•vnvw.nati=nalrotar::o_ Prop.Nc.5907 Reorder.Call Tof-Ree 1-6'Y.r576.6627
FINANCIAL PACIFIC.a.&7V
Bond # S703127
Rider Containing
Disclosure Notice of Terrorism Coverage
The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance
Company (FPIC) to provide this disclosure notice. No action is required on your part.
This Disclosure Notice is incorporated in and made part of the attached bond. The .
actual coverage provided by this bond for acts of terrorism is limited by the terms,
„ conditions, exclusions, limits other provisions of the bond any endorsements and
generally applicable rules of law.
Effective November 26, 2002 any losses caused by a certified act of terrorism would be
partially reimbursed by the United States of America to FPIC under a formula
established by the Terrorism Risk Act of"2002. Under this formula, The United States of
America reimburses 90% of covered terrorism losses exceeding the statutorily
established deductible paid by the insurance company providing the coverage.
There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of
insured losses under The Act exceeds $100,000,000,000 during the applicable period
for all insured and insurer's combined. In that case, we will not be liable for payment of
any amount, which exceeds that aggregate amount of $100,000,000,000.
Your premium attributable to coverage for terrorist acts certified under The Act is Zero
Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where
premium is charged annually.
Signed and Sealed this 30th day of June 20 05
Financial Pacific Insurance Company
Lisa M. Lucas , Attorney-in-Fact
[Corporate Seal)