HomeMy WebLinkAboutMINUTES - 07222008 - C.22 �140
ROUTING SLIP
ROAD IMPROVEMENT AGREEMENT
FIRST EXTENSION
2/25/08
(DATE)
FILE: RA 04-01169
(Road Improvement Agreement)
Cross-reference Subdivision 03-08710
1. Teri Rie, Associate Civil Engineer, Engineering Se ices Division
e
Signature:
2. Julia R. Bueren, Director of Public Works
Signature:
3. Please forward to Julie Carlson in Engineering Services for distribution.
TR:ds
G:\EngSvc\Dominique Spinale\WIDSI's\RA 1st Ext ROUTE SLIP-Teri Rie's group.doc
Rev: May 12,2008
cc: Clerk of the Board w/original
Construction
File
Western Pacific Housing,Inc.
2300 Clayton Road,Suite 800
Concord,CA.94520
Fidelity and Deposit Company of Maryland
3910 Keswick Road,Chesapeake Bldg.,4T"Floor
Baltimore,MD.21211
Attn:Margaret A.Ginem
T:March 9,2009
f I
CONTRA COSTA COUNTY Bond No. 08837891
ROAD IMPROVEMENT AGREEMENT EXTENSION
Development Number: RA 04-01169 (cross-reference SD 03-08710)
Developer: Western Pacific Housing, Inc.
Original Agreement Date: May 9, 2006
First Extension New Termination Date: May 9, 2009
Improvement Security
Surety Fidelity and Deposit Company of Maryland
Bond No. (Date): 088 378 91 (March 17, 2006)
Security Type Security Amount
Cash: $ 1,000.00 (10/o cash, $1,000 Min.)
Bond: $ 89,100.00 (Performance)
$ 45,050.00 (Labor & Material)
The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa
County and said Surety hereby agree thereto and acknowledge same.
Dated: Dated:- lccr)
FOR CONTRA COSTA COUNTY Developer's Signature s
JUIi . Bueren, P lic rk ctor
Printed
Developer's Signature(s)
RECOMMENDED FOR APPROV
N i "bk.c-, Q. Nlda� Nl�r� D46,
By; Printed
(Engineerin e c ivision) a3cc, C t& -� �� SuV e svo
CnnCt4A, � ys-3-110
Address
(NOTE. Developer's, Surety's and Financia/
Institution's Signatures must be Notarized.) Fidelity and Deposit Company of Maryland
Surety or Financial Institution
FORM APPROVED: Victor J. Westman, County 3910 Keswick Rd., Chesapeake Bldg., 4th Floor
Counsel Baltimore, MD 21211
Address
_After Approval Return to Clerk of the Board `s _
AttorneNdn Facts Signature
Margaret A. Ginem
Printed c/o Willis of Florida
3000 Bayport Dr., Ste. 300
Tampa, FL 33607 / Inquiries: (813)281-2095
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF Contra Costa }
On May 5, 2008 before me, Allison L. Dobbins a Notary
Public in and for said State, personally appeared Nicholas A. Arenson and Dean K. Mills
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and acknowledged to me that he/she they executed the same
in hos/her their authorized capacity(ies), and that by his/hetheir signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
ALLISON L. DOBBINS
WITNESS my hand and official seal. Commission # 1791410
Notary Public -California
�\ ContraCosta County
Signature
Come B bthb 16 2012
My Commission Expires: February 12, 2012
Notary Name: Allison L. Dobbins Notary Phone: (925) 808-2337
Notary Registration Number 1791410
County of Principal Place of Business: Contra Costa
NOTARY.BLK(Rev 6/94)
CERTIFICATE OF ASSISTANT SECRETARY
The undersigned hereby certifies as follows:
1. He is a duly elected, qualified and acting Assistant Secretary of Western Pacific
Housing Management, Inc., a California corporation (the "Company"), is familiar with the facts
herein certified and is duly authorized to certify the same.
2. The following is a true,correct and complete copy ofresolutions related to the subject
matter as adopted by the Consent of Sole Director of the Company dated May 5, 2006 (the
"Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in full
force and effect as of the date hereof.
Authority of Vice President of Land Acquisition & Forward Planning and
Assistant Secretary
WHEREAS,effective October 1,2005 Nicholas Arenson was elected to the
office of Vice President and Assistant Secretary of the Company (the "Vice
President") of the Company's North Bay Division (the "Division"), and it is now
desirable to amend his authority.
NOW, THEREFORE, BE IT RESOLVED, that the Vice President is
hereby authorized and empowered,in the Division and in the name and on behalf of
(A) the Company, (B) any partnership of which the Company is a general partner,
manager or agent,and(C)any limited liability company of which the Company is a
member,manager or agent(collectively the"Entities"),(i)subject to written approval
by any one of the following officers of the Company:(a)Chairman of the Board,(b)
President, (c) Senior Executive Vice President, (d) Executive Vice President or(e)
the Region President of the Division (the "Approving Officers"), to execute and
deliver contracts, agreements and other documents and instruments (other than
promisory notes) for the purchase of real property, and any improvements or
appurtenances constructed thereon or affixed thereto, or any interest therein,
including without limitation any right-of-way,easement,leasehold or other tangible
or intangible property,right or interest,and any personal property relating or incident
thereto and(ii)to execute and deliver model home leases and such other agreements,
instruments or documents as the Approving Officers shall direct.
RESOLVED FURTHER, that the Vice President is hereby authorized on
behalf of the Entities to sign,modify and terminate, from time to time as he deems
it to be in the best interest of the Entities, homeowner association documents,
CC&Rs,subdivision agreements,utility agreements,condominium plans,all agency
applications relating to ,development, construction contracts, purchase orders,
affordable housing agreements, security bonds, consultant agreements, final maps,
i'
CERTIFICATE OF ASSISTANT SECRETARY
The undersigned hereby certifies as follows:
1. He is a duly elected, qualified and acting Assistant Secretary of Western Pacific
Housing Management, Inc., a California corporation (the "Company"), is familiar with the facts
herein certified and is duly authorized to certify the same.
2. The following is a true,correct and complete copy of resolutions related to the subject
matter as adopted by the Consent of Sole Director of the Company dated March 1, 2007 (the
"Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in full
force and effect as of the date hereof.
Election of Assistant Vice President of Forward Planning and Assistant
Secretary
RESOLVED,that Dean K.Mills is hereby elected to the office of Assistant
Vice President and Assistant Secretary of the Company (the "Assistant Vice
President")in the San Francisco Bay Area Division(the"Division")to serve until the
next annual meeting of the directors of the Company and until his successor is duly
elected and qualified or until his earlier death, resignation or removal.
RESOLVED FURTHER, that the Assistant Vice President is hereby
authorized on behalf of(i)the Company,(ii)any partnership of which the Company '
is a general partner, manager or agent, and (iii) any limited liability company of
which the Company is a member, manager or agent(collectively, the"Entities")to
sign,modify and terminate,from time to time as he deems it to be in the best interest
of the Entities, homeowner association documents,CC&Rs,subdivision agreements,
utility agreements, condominium plans, all agency applications relating to
development,construction contracts,purchase orders,affordable housing agreements,
security bonds,consultant agreements,final maps,permits,engineering agreements
and other similar or equivalent agreements or documents for the Division relating to
the business of the Entities.
RESOLVED FURTHER, that in connection with the management of the
Entities'business,the Assistant Vice President is hereby authorized and empowered,
in the name and on behalf of the Entities in the Division, to execute and deliver
(i) contracts, agreements and other documents and instruments for the subdivision,
development and/or improvement of real property, and(ii)personal property leases
for, among other things, office equipment and construction trailers.
IN WITNESS WHEREOF,the undersigned has set his hand on the 6"day of March,2007.
Thomas R. Hudnall
Assistant Secretary
U.-UTEWAL71MinIWPHMgM May06-COAS.wpd
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of FLORIDA OPTIONAL SECTION
County of HILLSBOROUGH CAPACITY CLAIMED BY SIGNER
On 5/6/2008 , before me, Marianella Barnola Though statute does not require the
DATE NAME,TITLE OF OFFICER E.G., "JANE DOE, Notary to fill in the data below,doing so
NOTARY PUBLIC" may prove invaluable to persons relying
on the document.
personally appeared Margaret A. Ginem
NAME(S)OF SIGNER(S) ❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
® personally known to me- OR- ❑ provided to me on the basis of satisfactory
evidence to TITLE(S)
be the person(s)whose name(s) is/are
subscribed to the within instrument and ❑ PARTNER(S) ❑ LIMITED
acknowledged to me that he/she/they ❑ GENERAL
executed the same in his/her/their ❑ ATTORNEY-IN-FACT
authorized capacity(ies),and that by ❑ TRUSTEE(S)
his/her/their signature(s)on the ❑ GUARDIAN/CONSERVATOR
NOTARY PLIBLIC•STATE OR FLORIDA instrument the person(s)or the entity ❑ OTHER:
Marianella Barnola upon behalf of which the person(s)
Commission*DD755498 acted, executed the instrument. SIGNER IS REPRESENTING:
•�Expires: MAY 05,2012 { NAME OF PERSON(S)OR ENTTTY(IES))
BONDED THRU AT[,nrmC BONMG Co.,INC. W NESS my hand an official seal '
a
SIGNATURE OF NOTARY
❑ acknowledged to me that such corpor ion executed the within 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
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.
II. 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. The Secretary
b An Assistant Secretary
c The Chief Financial Officer
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 only one group, must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors."
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by FRANK E.MARTIN JR.,Vice President,and ERIC D.BARNES,Assistant
Secretary,in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said ny,which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the ereby nominate,
constitute and appoint James W.DUNN,David H.CARR,Carol H. E,Margaret A.
GINEM,Linda HORN and Denise TAYLOR,all of Tam rts nt and Attorney-in-
Fact,to make,execute,seal and deliver,for,and on' o ,a any and all bonds and
undertakings,and the execution of suc n se presents,shall be as binding upon said
Company,as fully and ampl t > t een duly executed and acknowledged by the
regularly elected of n i ° ore,Md.,in their own proper persons. This power of attorney
revokes that issued of avid H.CARR,Carol H.HERMES,Anett CARDINALE,M.L.GRAY,
Margaret A.GINEM rse TAYLOR,dated August 10,2007.
The said Assistant �y does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-Laws of said Company,and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of March,
A.D.2008.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'gyp DEoOs�i
r0 A
W e
t
By:
Eric D. Barnes Assistant Secretary Frank E. Martin Jr. Vice President
State of Maryland1 ss:
City of Baltimore f
On this 3rd day of March, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR.,Vice President, and ERIC D. BARNES,Assistant Secretary of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
it�.•.C'(:f I..
�111111+,++
Maria D.Adamski Notary Public
My Commission Expires: July 8,2011
POA-F 031-3190
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 6th day of May 2008
Assistant Secretary