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HomeMy WebLinkAboutCC Resolution 9765 (Montevideo Terrace Subdivisions)RESOLUTION NO. 9765 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE RECORDATION OF THE NOTICE OF COMPLETION AND RELEASE OF SUBDIVISION IMPROVEMENT SECURITY, MONTEVIDEO TERRACE SUBDIVISION (FORMERLY KNOWN AS OAKVIEW SUBDIVISION). SAN RAFAEL, CALIFORNIA. WHEREAS, the public interest, convenience, necessity and welfare require that the real property hereinafter mentioned be accepted and used for the benefit of the public of the City of San Rafael, California; and WHEREAS, improvements as shown in the approved improvement plans for the subdivision are completed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael, California, does hereby direct the City Engineer to release the Performance Bond and proceed with the filing of a Notice of Completion for the subdivision, and that the Clerk of the said City is hereby directed to cause said notice to be duly recorded in the Office of the County Recorder of the county of Marin, State of California, forthwith upon the adoption of this resolution; IT IS FURTHER RESOLVED that the City Council of the City of San Rafael directs the City Engineer to release the Labor & Material Bond ninety days (90) after the release of the Performance Bond. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of the said City held on the 6"' day of January, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE ZM. LEONCINI, City Clerk Bond No. 1374713 Premium: $10,725.00 (For 1st Two Years) PERFORMANCE BOND (Subdivision) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City Council of the City of San Rafael, State of California, and Waterford Associates. LLC (hereinafter designated as "principal") have entered into An agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19 and Identified asro ect P � Oak View Subdivision hereby referred to and made a part hereof; and WHEREAS, said principal is 'required under'fhe terms of said agreement to 'furnish a bond for the faithful -performance of said agree- ment, NOW, THEREFORE we the principal and Insurance Comnanv of the West as surety, are held and firmly bound unto the City of San Rafael hereinafter called ("City"), in the Penal Sum Of �drl �d Fif and apd NO11010 dollars ( $ , 5.00Q pb lawful money of the United States, for the. payment of which sum well and truly to be made, we bind ourselves, ourselves, our heirs, su ecessore, executors and administrators, jointly and severally, firmly by these presents. The condition Of this obligation Is such•••tbat if the above bounded principal, his or its heirs, executors, administrators, succes- sors, 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 his or their 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 sive harmless the City of San Rafael, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be .included costs and reasonable expenses and fees, including reasonable attorney's fees, Incurred by City in successfully enforcing -such obligation, ail to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, exten- sion of time, alteration or addition to the terms of the agreement or to the work to be ,performed thereunder or the specifications accompanying the same shall by anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, altera- tion or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has'been duly executed 'by the principal and surety above named, on September 5 , 1995 Signpd and sealed this 5th day of September WAT RD C S Xa7/2 PRINCIP L u THE FpgROING BO S APPROVED A3 T SU FIFIBNgJ . City Eng neer THE FORE G 9 APPROVED AS TO FORM• CA y ttorney Insurance C 0/f- the SURETY a e ickiA;t�grti+tin-F,ct''`- NOTE TO SURETY COMPANY:' following form of acknowiedgeineiit should be used.- If° any other,.form of acknowledgement is used, there must be submitted a certified copy of unrevoked resolution of authority for the'attorney-in -fact. J1tHIA ALL-VU11110SE ACKl NLEDGMENT jTATE OF • California COUNTY OF Sonnma on Sept. 5. 1995 before rne,Nancy G. Spitzer, Notary Pubes uATO `—BMW, 'r2TLnr ur orF Usix - n1.v. -rAN Gom, 115TARRV rUff"aan— personally appeared James A. ViC11- gid; m or a><oAmn (a) . ()() pareonally known to me - on - ( I proved to me on Elio barrio of antie£acbory evidence to be Elie persona (a) whose rising(") ie/are subworibed to the within instrument and acknowledged bo me that Ire/else/they executed tine same in file/liar/ their authorized capacity(iee), and drat by Irie/ OFFICIAL SEAL. her/their aigrrnEure(n on Elie inntrumerrb blra NANCY G.SPITZER pnreon(rr), or L•Isn nil l:1.I:y u[rUn I)nhrsl[ nr wlrlch U per COUNTY acted, executed Eire instrument. NOTARYPUBLIC-CALIF. tiro p Z z COUNTY OF SONOMA ... thy Comm. Exp. Apr. 13. 1999 ti �••�r� r 'r' •' r r r r WITNESS my hand and official seal. J o-AT►T I+� O ' nY OPTIONAL - Though Lire data below to slot requlred by law, it conyrrfrove valuable bo persons relying on the documorrt and could prevent fraudulent rentbaclrrnoof Ellie form. CAPACITY CLAIMED 03C SIGNER [ j INDIVIDUAL ( ) CORPORATE OFFICER TITLE [ j PARTHEIt(S) [ ) 1,1141TED [ I GENERAL 1XJ ATTORNEY-IN-FACT [ j TRUSTEE(S) [ ) GUARDIAN/ CONSERVATOR [ ) OTHEns SIGNER IS REPRESENTINar Name of Persons(s) or Entitien TnasiranrP Company of the West DESCRIPTION OF ATTACHED DOCUMENT ar1aTLN-5ii-Tff F3-UF-DUUUI1ER ffVRHEft-U"Aaf§ DATE OF DOCUMENT SIGI-IER(S) OTHER 'THAN -NAMED ABOVE S[IRF.TY raM1M-,f ' uNick. Attdrr-i'ey--%ri-Fact -- Ir. rance Company of the W,. HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: JAMES A. VICK its true and lawful Attorney(s)-in-Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board o1 Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature; and to attach thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.' IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by Its duly authorized officers this 15th day of February 1s95 • 4t�0Yr�N r (7� + q. R�apo,urro f �tsoaa► STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO February 15th, 1995 On this before me personally appeared John L. Hannum, COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the to me that he executed the same in his official capacity and that by his signature on the instrument I acted, executed the instrument. INSURANCE COMPANY OF THE WEST John L. Hannum, Senior Vice President WITNESS my hand and official seal. NORMA PORTER COMM. #952644 *MVccrnrn.0xP!r&3-';-.'J NotaryPublic-C n!ifo.-n o SAN D11 -EC C^t.--Jly 14,Iy06 CERTIFICATE: , 1 r• .. .y ..,. . Senior Vice President of INSURANCE within instrument, and acknowledged he corporation on behalf of which he I, E. Harried Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY. of which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimiti under,the authority of the above quoted resolution. . IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 5th day o7'SOpt.en►ber 1995 INSURANCE COMPANY OF THE%WAST . t`09PANYOf •.. - OWL -49 red 441C111.1� �41solrP11 E. 4rned Davis, Vice President ICW 37 When recorded mailed to: City of San Rafael Department of Public Works Land Development Division 1400 Fifth Avenue P. O. Box 151560 San Rafael, Ca. 94915-1560 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF SAN RAFAEL NOTICE OF COMPLETION OF SUBDIVISION IMPROVEMENTS TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the City of San Rafael, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that the said work or improvement was completed upon the 16''. day of December, 1996, and accepted the 16th. day of December, 1996; that the name, address and nature of the title of the party giving this notice is as follows: The City of San Rafael, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said City and/or over which said City has an easement; that said work or improvement is described as follows: IMPROVEMENT PLANS FOR MONTEVIDEO TERRACE SUBDMSION (FORMERLY KNOWN AS OAKVIEW SUBDMSION). and reference is hereby made for a further description thereof to the plans and specifications approved for said work or improvements by the City Engineer of the City of San Rafael and to the Agreement between the City of San Rafael and Waterford Associates now on file in the office of the City Clerk of said City, and said plans and specifications are hereby incorporated herein by reference thereto. Dated: At San Rafael, California, on .. ...... 19.7.4. CITY OF SAN RAFAEL A Municipal Corporation By DAVID M. BERNARDI City Engineer STATE OF CALIFORNIA COUNTY OF MARIN On this day of ... ., 19 9. L., before me, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, County of Marin, State of California, residing therein, personally appeared DAVID M. BERNARDI, known to me to be the City Engineer of the corporation described in and that he executed the within instrument on behalf of the corporation therein named, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the City of San Rafael, County of Marin, the day and year in this certificate first above written. r JE .'L'EONCINI, City Clerk �i .