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Home My WebLink AboutMINUTES - 09132005 - C16 TO: BOARD 4F SUPERVISORS /14 / FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 13, 2005 SUBJECT: Approving the Second Extension of the Subdivision Agreement for Minor Subdivision 97- 00016, Walnut Creek area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No,,., 2005/ for Minor Subdivision 97-00016, approving the Second Extension of the Subdivision Agreement for project being developed by Benny Chetcuti, Jr., Walnut Creek area. (District 1111) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): The developer has not completed the improvements and the Subdivision Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment:/ SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE THER e SIGNATURE(S):: ACTION OF BOA N s.,a '� �y �3_ APPROVED AS RECOMMENDED 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 ,//' date shown. UNANIMOUS(ABSENT /��V7400 ) AYES: NOES: ABSENT: ABSTAIN: -7"id`r 48 ATTESTED:�;�� JD:rm JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\B0\2005\09-13VNfS 97-00016 BO-1 l.doc Supervisors and County Administrator Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) cc: Public Works—T.Bell,Construction Current Planning,Community Development By ,Deputy T—December 11,2005 OF Benny Chetcuti,Jr. 1204 Alpine Road,Ste 3 Walnut Creek,CA 94596 Indemnity Company of California 2999 Oak Road,Ste 420 Walnut Creek,CA 94597 Atte:Daniel Livsey THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13, 2005 by the following vote: 0 AYES* Gioia,Piephog DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ 5� M SUBJECT: Approving the Second Extension of the Subdivision Agreement for Minor Subdivision 97-00016, Walnut Creek 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 Benny Chetcuti,Jr.and the County for construction of certain improvements in Minor Subdivision 97-00016, in the Walnut Creek area, through February 11, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: December 2005 ♦ REASON FOR EXTENSION: Delays in obtaining construction bids hampered the start of the project. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. JD:rm I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\B0\2005\09-13\MS 97-00016 BO-1 Ldoc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: S.Gospodchikov(313-2316) cc: Public Works—T.Bell,Construction ATTESTED: P ea,y Cuffent Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County T—December 11,2005 Administrator Benny Chetcuti,Jr. 1204 Alpine Road.,Ste 3 Walnut Creek,CA 94596 Indeamity Company of California 2999 Oak Road,Ste 420 By Deputy Walnut Creek CA 94597 Attn:Daniel Livsey RESOLUTION NO.2005/ JUL.28.2005 5:16PM CCC PUBLIC WORKS N0.195 P.5 Contra Costa County SUBDIVISION AGREEMENT]EXTENSION Development Number: Minor Subdivision 16-97 Developer; Barmy Chetcuti,Jr. Original Agreement Date: ]February 11,2003 Second Extension New Termination Date: February 11,2006 Improvement Security smftnme Security Amount Cash: $1,Z00.00(1% casb,$1,000 Mnw) Bond: $118,900.00(Performance) $60,050.00(Labor&Material lona No. (nate): 868497S (January s,2003) Surety: Indelmmity Company of Califo a The Developer and the bonding company desire this Agreement to be extended through the above date; and Contra Costa County and said bonding company hereby agree thereto and acknowledge same. '0W) Dated: Dated:--7400w,r-Z::! — � r FOR CONTRA COSTA COUNTY Developer's Si (ST \.0000- WOW Maurice%...I.S114 Public W ks Director 4 T, BY lifinted /C;:L0 A Address I RECO ED FOR APPROVAT.: Indemnity Company of California � 01, -- By: �`r""0 Surety or Financial Institution (Engineeringo0gavicesDivision) 2999 Oak Road, Suite 11420, Walnut Creek, CA maft�—A ss 94597 "wow OWN �Y, Attorney Fasts -Lgnat\j (NOM 1)eveloperls, Surety's and Financiallnstifution's Daniel Livsey Signatures must be Notarized.) Printed -- ARu appmvat Rehm to Clerk of the Board JUL,E8e2005 5:15PM CCC PUBLIC WORKS N0n195 Pm3 CALYIFOR1vIA ALL-wPURPOSE ACKNOWLEDGEMENT Stale of A N1dW OPTIONALSECnON County of & CAPACITY CLAIME,D BY SIGNER Onb-1—z,-94--O�; 7 mo.el wTT A-1Z P Though statute does not require&a Notary to fill NA1314 T tlU OF 001CSK B.0.j'*JANB DOJ;VOTARY PUBLIC0 In the data below,doing ao may prove Invaluable to PM044 relying on the docuMOM Msonally appeared f\CA .� f-.4 J WA5W9Of_) 8tQNEK(3)_ 1 1133 INIDIVIDUAL I � Q crscnially)mown w me OR 0 0 provide4 to me on the basis of sadsfactory evidence to 0 ORPORATE OFFICER(S) Be the person(s)whose namc(s)is/am subscribed _TITOENT to the within instrument and acknowledged to me that he/sheftey cxmutcd the same M* Re.,MARIE his/her/fliair authorized capaciW(ies),and ihat by Q 0 PARTNER(S) 0 C3 LIMITED Canmbilon#14"W9 bis&er/their signatures)on the insnment the D C3 GENERAL % person(s)or the endW upon beMlf of which the 0 Q ATTORNEYAN-FACT y 1rud-Alle 40 Mn person(s)acted,exccutod aic inswument. 0 13 TRUSTMS) CoftaCodaCw* f. 0 13 GUARDIAN/CONSERVATOR MYCo . Jon 1S. and Md official S0213 0 0 OTHER! SICvKIRR IS REPPMENTING: 31 AS OF NOTARY (NAME OF PFMS ON(IS)OR W#TTJTY((ES)I elmowledged tome that such corporation execumd The with' instrument pursuant to itJ by-laws or a resolution of im Bo4rd of Directors.- OPTIONAL SECTION nflS MIFICATE MUST BE ATTACHMe Tift or Typo of Document TO THE DOCUMENT AT RIGHT. Numbcr of Palos Though dn adjacent dam is not requked by law,it my prove valuable 1DRIC of Documcnt to pmQns rolying on rho documentand could prevent fraudulenE Signer(s)Other Than Named AI)ovc rc-.at=hmmt of this fomi MSTRUCTIONS TO NOTARY The following infornmdonis provided in an effortto expedite processing of the documents,reqxured on doc + must comply , the following to be acceptable to Contra Costa County, I. FORAl�T_ w-Thename interest of signer should be typed or printed13-ENEA the signature. The name mu t be signed exactly as it is typed or printed. II. S�GNATUIZESFORIVID INDUALS w The name must be signed exactly as itis printed or typed. The signer'ssigner's interest the propertymust be stated, IN. SIGNATURE-8-F-:1M-PARTNERSHIPS w Sig�oing pbe either a general partner or be authorized in writing to have the authority hority to sirga for and bind the partnership, IV,, SIGNATURES FOR CORPQ ..BAT&TONS bocumenrs should-66—sigaed by two officers,one from each of the following two groups, GROUP 1. (a)The Chair of the Board N The President (c)Any Vice-President GROUP 2. (a)The Secretuy An Assistant Secretary c The Chief Financial Officer The Assistant Troasurer go 21patures of officers from each of the above two groups do not appear on the insuument,a Certified copy of a resolution of the Board of Directors authorizing the erson signing the instrument to execute=avments ofthe type in question is required. A currently valid power of attorney,not2rized�grillsuffirice. Notarization of only one corporate signage or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within mstument pursuant to its by-laws or a resolution of its Board of b1L8CtOZ5_" STATE OF California SS. COUNTY OF Contra Costa I On August 8,2005 before me, Rita A.Bisaha PERSONALLY APPEARED Daniel Livsey personally known to me ff_e*ei to va-a a the has! to be the persorj�*whose nametsoyis/a,=. subscribed to the within instrument and acknowledged to me that he/,sbp-/t executed the same in his/h2x4the4w authorized capacity(ies), and that by his/1w.&4+wir signature4&)Po RITA A, BISAHA on the instrument the person(o, or the entity upon behalf commission# 1368065 Z of which the personsacted,, executed the instrument. Notary Public - California Contra Costa County WITNESS my hand and official seal. My Comm.Expires Aug 5,2006 Signature qj i L00, This area for Official Notarial Seal Notary Public 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 ATTACHED DOCUMENT ❑ INDIVIDUAL F1 CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL G� ATTORNEY-IN-FACT NUMBER OF PAGES El TRUSTEE(S) El GUARDIAN/CONSERVATOR E) OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Indemnity Company of California SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.9/00) ALL-PURPOSE ACKNOWLEDGEMENT