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 .