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Home My WebLink AboutMINUTES - 09132005 - C17 IL TO: BOARD OF SUPERVISORS lce/7 FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 13, 2005 SUBJECT: Approving the Third Extension of the Subdivision Agreement for Minor Subdivision 00-00003, Alamo area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND NSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20051?^564 for Minor Subdivision 00-00003, approving the Third Extension of the Subdivision Agreement for project being developed by Gene R. Schmidt,Inc., Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The improvements have not been constructed and the Subdivision Agreement expired on September 10,2005. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: SIGNATURE: ZOAICECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE vA1'PROVE OTHER SIGNATURE(S): ACTION OF BOA/ ON t'i rrs `7' APPROVED AS RECOMMENDED�OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS 1oAlev1 _) minutes of the Board of Supervisors on the XUNANIMOUS(ABSENT date AYES: NOES: shown. ABSENT: ABSTAIN: JD:rm G:\GrpData\EngSvc\B0\2005\09-13\IvIS 00-00003 BO-1 l.doc �_ ATTESTED: /� Originator: Public Works(ES) JOHN SWEETEN, Clerk of the Board of Contact: S.Gospodchikov(313-2316) cc: Public Works—T.Bell,Construction Supervisors and County Administrator Current Planning,Community Development T—July 10,2006 Gene R Schmidt,Inc. 940 Reliez Station Lane Lafayette,CA 94549 BY ,Deputy Developers Surety and Indemnity Company 2999 Oak Road,Ste 420 Walnut Creek,CA 94597 Attn:John Daley lo THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13,, 2005 by the following vote: 0 AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 20051%560 SUBJECT: Approving the Third 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 third agreement extension which extends the Subdivision Agreement between Gene R. Schmidt,Inc.and the County for construction of certain improvements in Minor Subdivision 00-00003,in the Alamo area, through September 10, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: September 2006 ♦ REASON FOR EXTENSION: Construction scheduled to start April 2006 IT IS BY THE BOARD RESOLVED that the recommendation ofthe 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\B0\2005\09-13\MS 00-00003 BO-1 l.doc ShOWll. Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) AT"I'ESTED: � G-'�'r��GY cc: Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—July 10,2006 Gene R.Schmidt,Inc. 940 Reliez Station Lane Lafayette,CA 94549 Developers Surety and Indemnity Company By ,Deputy 2999 Oak Road,Ste 420 Walnut Creek,CA 94597 Attn:John Daley RESOLUTION NO.2005/ �� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Minor Subdivision 00-00003 Developer: Gene R. Schmidt,Inc. Original Agreement Date: September 10,2002 Third Extension New Termination Date: September 10,2006 Improvement Security Surety: Developers Surety and Indemnity Company Bond No. (Date): 867856S(June 17,2002) 867856S(June 17,2003) Security TIve Security Amount Cash: $2,700.00(1% cash,$1,000 Min.) Bond: $267,200.00(Performance) $ 134,920.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended t ug e ove date;and Contra Costa County and said Surev ere y agree th eto and acknowledge same. Dated: II Da ed: FOR CONTRA COSTA COUNTY e eloper's Signature(s) Maurice M. iu,Public Works Director l2 I By: jh..je 71 Printlow W � v open' Signature(s) RECOMMENDED FOR APPROVAL: 4 By: e� Printed (Engineeritfg Services Division) Vj 41 Address �9 (NOTE-* Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) FORM APPROVED:Vk1orJ.Wes1na4CnuaYCaunsd Address ��,,�'fl� �iY�-��.� After Annroval Return to Clerk of the Board Attorne36dFac`&s Sign re Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION 7 CoCunof CAPACITY CLAIMED BY SIGNER 7L On 31OA!�; ,before me, ay\�,JcAC,1 Though statute does not require the Notary to fill IbATE NAME,TITLE OF OFFICER E.G.,"JANE E,NOTARY P1 JBLIC" in the data below,doing so may prove invaluable to %.1 persons relying on the document. personally appeared 6cnic: Elm a.,o -YN\%A-V* NAMES)OF SIGNER(S) 0 0 INDIVIDUAL E10 personally known to me-OR-0 provided to me on the basis of satisfactory evidence to 0 "OR OF I FICI�R(S) <� be the name(s*is/-am subscribed `l' ITLE(S) to the within instrument and acknowledged to �,T T AL me that hekyW"y executed the same in 0 0 PARTNER(S) 0 0 LIMITED 1ANYA CHINCHILLA his/4t�r authorized capacity6w+,and that by 0 0 GENERAL ion# 1375153 Allay �f�t�(1fY11SS7- his, .....-4t..k.Le.i..rc,;.gnature4;-on the instrument the 0 0 ATTORNEY-IN-FACT z- person(sTor the entity upon behalf of which the 0 0 TRUSTEE(S) 0 • NotQtY Californiacaiifornia ZCibflttd costa county person(s)-acted,executed the instrument. 0 0 GUARDIAN/CONSERVATOR MY Comm,Expires Sep 16,20061 WITNESS my h and doff ial seal, EJ 0 OTHER-. SIGNER IS REPRESENTING: A SIGNNOTARY {NAME OF PERSON(S)OR ENTITY(IES)) I )ZWit Of n 0 acknowledged to me that such corporation exec the the wuin instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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 re-attachment of this form INSTRUCTIONS TO NOTARY Is 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. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR 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 FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial 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 S19=9 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 only one group,must contain the following phrase: it 0 0 sand acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." STATE OF `1 V� SS. l �r��Y�- COUNTY OF On- before me, &P R!\j PERSONALLY APPEARED Ck\ 01"opt4040 0 NJ AIR personally known to me Ir urt 'me vOasts oj sarisjacrory W, gly;zlapa")to be the person4+9whose name{,q isAw-&subscribed to the within instrument and acknowledged to me that helAeAhay-executed the same in his4wA4heir authorized capaci4�io4 and that by hisAwtA*eir L -AWL -AM" Aft- signature44mon the instrument the person�4 or the entity upon behalf of which the person(}acted, executed the instrument. TANYA CHINCHILLA v'1"4 e Commission# 1375153 z z Notary Public - California z WITNESS my hand and official seal. z Contra Costa County My COMM.EVires Sep 16,,2006 Signature r This area for Official Notarial Seal 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 R INDIVIDUAL El CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) El PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES �TTORNEY-IN-FACTRUSTEE(S) El GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)08 ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT