HomeMy WebLinkAboutMINUTES - 09142004 - C14 TO: BOARD OF SUPERVISORS e../y
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: September 14, 2004
SUBJECT: Approve the Second Extension of the Subdivision Agreement for Minor Subdivision 00-00003.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 404 approve the second extension of the subdivision agreement for Minor
Subdivision 00-00003, Alamo area. (District III)
FISCAL IMPACT:
None
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
The Developer had to wait for the engineer to complete work before beginning project. The Agreement will be
extended through September 10, 2005.
CONSEQUENCES OF NEGATIVE ACTION:
The developer will not be able to renew the Subdivision Agreement.
s
Continued on Attachment: SIGNATURE:
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
PPROVE OTHER
SIGNATURE S
ACTION OF BOON_ , 2004APPROVED AS RECOMMENDED Xx OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS
xx UNANIMOUS{ABSENT NONE ) date Shown.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: SEPTEMBER 14, 2004
JOHN SWEETEN, Clerk of the Board of
G:1GrpData\EngSvc\BO\2004\09-14-04\MS 00-00003 Ordecdoc
JD.rm Supervisors and County Administrator
Orig.Div: Public Works(ES)
Contact: F.Navarro(313-2264)
ce: Public Works-T.Bell,Construction
Current Planning,Community Development
T-July 10,2005
Gene R.Schmidt By �. a.- Deputy
940 Reliez Station Lane
Lafayette,CA 94549
Developers Surety and Indemnity Company
3100 Oak Road
Walnut Creek,CA 94596
Attn:John Daley
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 14, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/464
SUBJECT: Approve the Second Extension of the Subdivision Agreement for Minor Subdivision
00-00003,Alamo area. (District III)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Subdivision Agreement between Gene R. Schmidt and the
County for construction of certain improvements in Minor Subdivision 00-00003,in the Alamo area,
through September 10, 2005;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0%
♦ ANTICIPATED DATE OF COMPLETION: September 2005
♦ REASON FOR EXTENSION: Had to wait for engineer to complete work.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an action taken
JD:rm and entered on the minutes of the Board of Supervisors on the date
G:\GrpData\EngSvc\BO\2004\09-14-04\MS 00-00003 BCS-11.doc shown.
Originator: Public Works(ES) SEPTEMBER 14 2004
Contact: Frank Navarro(313-2264) ATTESTED: i
cc: Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County
Current Planning,Community Development Administrator
T—July 10,2005
Gene R.Schmidt
940 Reliez Station Lane
Lafayette,CA 94549
Developers Surety and Indemnity Company By ,Deputy
3100 Oak Road
Walnut Creek,CA 94596
Attn:John Daley
RESOLUTION NO.2004/ 464
......... ......... ......... ......_....__... _ _
........ .........._.. ........ ............ _........._......._._.... ...._.... ......... _.....__.
......... ..........
CONS COSTA.COUNTY
Vit'
SUBDIVISION AGREEMENT EXTENSION
Deve1opmOut Number: MS 00-00003 :.
Developer: Gema IL Schmidt,Inc.
Orl&*1 Agreeament Date September 10,2002
Secaud Bxtenstan New Terminatlan)Date: September 10,2005
Improvement Semri€ty
Surety: Developers Surma wad rhdmaz ►Coutp uy'
Bond No.(Date),. 8678565{,puna 17)2002)
BaudWar No.(Date): 8618568(June 17,2003)
goal&IMP, Security Amant
Cash: $2,700.00(1%cash,$1,000 An)
Band: S 261,200.00(Performance)
$134,920.00(Labor Jt Ma►tirial)
The I)�evalopar and the Surety desire No Agrreeswant to bre onended tb rough fie Above daft;and Co'Aft Costa C y
and$ad Surayt hmby agree lbe eto and aclCnowledp Baa ne.
Date& Aust 4, 2004 Dated: Au ust 4, 2004
FOR CONTRA COSTA COUNTY A oz's ftlature(s)
Mauer M.She u,public Waks Director
G R scm4iD , INC, Pre-Q-en+ 9, cref*
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Irrper'S$2g�18trtlT'e(S) ' ,
RECD pRO :
By:
printed
Divwon)
4 940 RELIEZ STATION LANE, LAF'AYETTE, CA
Address
DEVELOPERS SURETY AND INDEMNITY QOMPANY"
(.�VOM 19sv*par's, Sur*Wls and nan" Surety or Pinanc at bstibelon
hs*r don's r`"s mumb*NrrtarhaA) 3100 OAK ROAD, WALNUT CREEK, CA - 94596 .
loom vim,vim.,womwe" ,ow" Address
BY.
ktwriqjFacts Sigrr9urC0 �
John Daley, Attorney--In-Fact
Nntad
CALNOR A ALL-PURPOSE ACKNOWLEDGEMENT •. ,:
Stxaea California taP3`ivNAl.'a ON
Contra Costa
Caw+tyaf CAPACM CLAMM my SIC t•
7111
� Tanya Chinchilla, Not,ar�P„ublic
A re o
Thom st�ta dour tmt t�ptirs the tYata�yta ltB
In then eta#bdowr etotu as Wary pmva tavaaoarbb
penw4my appmvd ,john Daley _�....__. to pereoas r e�tag on th!dAMM ttc.
rr,► ttsa+ m:at a ❑ kZgY Dt AL
ietowtt to me-OR-0 LI provWed tome on the bads of ata Akuny ov.mw to 11 L7 MMMOM5} ;
be ft pcasots(,$)vhc w mmo(s)Waav obsan
0 dw vdthtn hua=eat and as: to
me Ow Wehehtwy tmcuted th.,astccde in D Cl PARTNERS) Q O LWMD
r vAoritsd eepsckr *),rad that by q CI t B RAL
TANYA CHINCHILLA sty=ortuza(x)an the itrass,rntmrtdu 0 h AVORN$Y-W-FAC-r
Commission# 1375153 dw eaed;.yuponbat-Wof htch tha €1 a T)K'3S'i s)
Sew,emended the Hatt. Q ® QUAR3�tAN/CflNS;3iaYATOIt
Notary Puboia - California t7 M GUAR
Contra Costes County M hand ----�—
W COMM LuT*es Sep 1lx SIGMM IS REPREMaMt
oNA i Art t t+wr as ttr risa oaarrztxtrptt
t� +red$edootstatdacaardscorperatforr titx+ ninetrunuartpurstutn•.tohabytawa Develo era Surety and ,
or straa7WtenofiaDowd dDireetars. j em f ty Campany
OPTIORAL S1B ITON
7143MTi]'WAUMUST BEATTACHED Subdivision Agreement EXt.
TO TBE DOCUMM47AT'ItMM 'Nus:bercfPagay August 4, 2004
Thrush dw a4sw%dus is net nquW by taw.it mey prm vatuabie Dat;aftsac°UMftt August 44 2004
to parnm tetymg aer the do wont and owk p wwt fmudutmt Sr�:or(s}tatltar Tit�+Ne+mcd Abavc
r6-2ftaudbunyuftat atahia#btm
D=UCTILM TO NOTARY
The*&wing information is providod in an of art to expe to procaasi all of the doca7=nU.
Signatures requked on 4ocadwts xvust comply with tha follox ing to bt:acresptablo to Contm Costa County.
I. =LA11=RA1LMW„-The name and interest of tt o si gw should be typed or pristted :t o s gr xwe., 'l v ,
t Mea nater c ei y as tt ts typed or printed.
II. 99S&U=FOR RM V1 C TAT -I'he nature muss:be sigue d w=dy as it is pdxbd ear typed, The&pWo jntertat in the
property mumt be stats
M. Zl� 2=PO i;1'AR1`N�SRSIIIPs Sig&party mot'be,ithe3r a general partner or be authorized inwriting 110 have dx
au ty to sign zor and bmd the naimershig.
IV.
1)00=kZtS SWUM be s4aed by two o ,one from.each of he followings two grotgn:
GitOClp 1. (s Ts Chair
Hoard
Viee l?resideat
Gk"2. a The Secretary
DOAmAssistantSecretary
Thr,CWefpinaucial er
The Assistant Treasurer
If signatures of criers ft=each oftha above two groups do not appear.m the Wit,a cardfied cosy of resolution of°ifie Board '
Of Ly3ractots atm the the instrtu�it to ea scute iw-n=*=of the type in gatstion zire quiv d. A tw wly+r id
power of attomay,notidze e.
Nott on of only one corporaix signature or s*xtares froni only ons group,must contain the Mowing prose:
"..and acknowledged to= t such corlsorertion cxccutcd the within in:>h%ancntpursuant to its by-laws or a resoLut im of its Board of
Uircc�xs:` .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of ( t"✓1 e-,, OPTIONAL SECTION
�+ 8
County o ? f? f CAPACITY CLAIMED BY SIGNER
On F before me, C h iA, 64Ai' Though statute does not require the Notary to nil in
ATE F oFPi7
C$R .,~7 a xor utY Ltc the data below,doing so may prove Invaluable to
personally appeared t 1 � ugR�f} persons relying on the document.
NAMR(S)of SIGNER(S) 0 INDIVIDUAL
0 personally known to me-OR�prowd to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/shelthey executed D PARTNER(S) 0 LIMITED
the same in his/her/their authorized p GENERAL
capacity(ies),and that by hisiber/their 0 ATTORNEY-IN-FACT
BARN TT
signature(s)on the instrument the person(s)or n b0 TRUSTEE(S)
the entity behalf of which the person(s) D GUARDFANI+CONSERVATOR
COMM.#2281135 acted,ex used the instrument.
" Ivi_rWY PUBLIC-CAL FORMA / 0 OTHER:
C=N"i RF COSTA CCUNN � and fficiat seal,
Ry Cu nr FxYres Get.1 ,21304 _ SIGNER IS REPRESENTING:„ . n (NAME OF PES S)'OR ENTITY( ))
S OTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below Is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
reattachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
L FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed as it is typed or printed.
H. S19 ATURES FLIR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES_FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
the authority to sign for and bind"the partnership.
IV. SIGNATURES FEOR CORPORATIONS
Documen eJessignedyyttwoofficers,one from each of the following two groups:
GROUP 1. Nae Chair of the Board
The President
c Any Vice-President
GROUP 2. aThe Secretary
lb An Assistant Secretary
c The ChiefEinancial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from onlone group,must contain the following phrase:
..and acknowledged tome that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors.”
JC:mw
i\PLV$4LSHARDATA1OTD&U\BngSvc\FonTalWORD FORWALL PURPOSE NOTARY.doc
rr �
4
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623-(949)263-33(K)
KNOW ALL MEN BY THESE PRESENTS,that except its expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,hereby make,constitute and appoint-.
*** John Daley, M.R. Prenger, C. Smith, Lin Barnett, jointly or severally ***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;
and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to he signed by their respective Executive Vice President and attested by their respective Secretary this 8i°day of January.2002.
„uuu„pr,,
By: � �...Af40 �^� ?ANY p�
David H.Rhodes,Executive Vice President o=yJ;G�yi40r?QT ,�y .�e ��G OpO���
A"49—ztr4w ?w i OCT. ':-<r= z =' OCT.5 �o
10 c�: O
gdj; 1936 ::� w 1987
By.Walter A.Crowell. Secretary r'��Ji • !OWP..... OrLIFpP�\��Z
STATE OF CALIFORNIA }
)SS.
COUNTY OF ORANGE )
On January 8,2002,before me,Antonio Alvarado,personally appeared David H. Rhodes and Walter A.Crowell,personally known to me(or proved to me on
the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument.
WITNESS my hand and official seat. ANTONIO ALVARADO
r COMM.#1300303
ry Notary Public-California
_ t ORANGE COUNTY j
Signature My Comm.Expires APRIL 10,2005
CERTIFICATE
The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 4th day of AugUSt 2004
By
David G.Lane,Chief Operating Officer
ID-1380(01102)