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HomeMy WebLinkAboutRESOLUTIONS - 08152006 - 2006-507 � 1 4 THE BOARD OF SUPERVISORS ROF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 15, 2006 by the following vote: AYES: Uilkema, Piepho, DeSaidnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ 50 SUBJECT: Approving the Fourth Extension of the Subdivision Agreement for Minor Subdivision 00-00003,for project being developed by Gene R.Schmidt,Inc.,Alamo area. (District III) The Public Works Director having recommended that he be authorized to execute the fourth 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, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: April or May 2007 ♦ REASON FOR EXTENSION: Developer has not received a grading permit. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. G:\EngSvc\B0\2006\09-I5\MS 00-0003 BO-1 l.doc LB.vz I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(Es) and entered on the minutes of the Board of Supervisors on the date Contact: S.Gospodchikov(313-2316) shown. Bond No/Date:.8678565(June 17,2002) cc: PublicWorks—Construction ATTESTED: / �1�. �'G.�f��e Current Planning,Conununity Development T—July 10,2008JOHN CLILLEN, �Clerl f the Board of Supervisors and County Gene R.Schmidt,Inc. AdrnmJStratOr 940 Reliez Station Lane Lafayette,CA 94549 Developers Surety and Indetumity Company 2999 Oak Road,Suite 420 Walnut creek,CA 94596 By Deputy Attn:John Daley { i RESOLUTION NO.2006/ 6�� I i CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION I Development Number: i MS 00-00003 Developer: Gene R. Schmidt, Inc. Original Agreement Date: September 10,2002 Fourth Extension New Termination Date: September 10,2008 Improvement Security Surety Developers Surety and Indemnity Company Bond No. (Date): 867 856S (June 17,2002) Security Type 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 throu h th above ate;and Contra Costa County and said Surety her thereto and acknowledge same. Dated: D721 ate FOR CONTRA COSTA COUNT eloper's Signature(s) Maurice M. Shiu, Public W rks e r / By: i� �^ Print d i x v loper's Signature(s) RECOMMENDED FOR APPROVAL: By: �v Printed / (Engineering Servi s Division) 9� /�����1��✓/ „ I /„�l� �/.���3 Address i DEVELOPERS SURETY AND INDEMNITY COMPANY (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized:) 2999 OAK ROAD, SUITE 420 WALNUT CREEK, CA 94596 POR APPROVED:Vicwr J.Waw County Cowin y Address i After Approval Return to Clerk of the Board � Attorney ' acts ignatu JOHN DALEY, ATTORNEY-IN-FACT Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of k cA, OPTIONAL SECTION County of 6r ,,n I_ ` CAPACITY CLAIMED BY SIGNER On thbel re me, \, /Y ll\�� ( Though statute does not require the Notary to rill DATE '\� NAME,TITLE OF OFFICER E.G.,"JANE DOE, OT R P eEIC' in the data below,doing so may prove invaluable V � Ito persons relying on the document. personally appeared 1- `t NAME(S)OFSIGNER(S) I ❑ ❑ INDIVIDUAL 00 personally known to me-OR-O provided to me on the basis of satisfactory evidence to [�>g CO , RATE F (S) be the person(s)whose name(s)is/are subscribed ,TIITTLE(s) to the within instrument and acknowledged to me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL TANYA CHINCHILLA his/her/theirsignature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT -;• person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) Commission# 1375153 z person(s)acted,executed the instrument. a El ❑ GUARDIAN/CONSERVATOR Z -�� Notary Public - California Z r: Contra Costa County ITNESS my ha d and seal, 11 ❑ OTHER: My Comm.Expires Sep 16,2006 SIGNER IS REPRESENTING: SI N TURE OF NOTARY I NAME OF PERSON(S)O.R/E�NTITY(IES)) CIO f ❑ acknowledged to me that such corporation exec ted th within hist ment pursuant to its by-laws or a resolution of its Board of Directors. y, OPTIONAL SECTION Com, p THIS CERTIFICATE MUST BE ATTACHED Tide or Type of Document �l Y7• t elet TO THE DOCUMENT AT RIGHT. Number of Pages Oma. _, 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 i re-attachment of this form i 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. i 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 j 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 theperson 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." I I r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ����7 � ( OPTIONAL SECTION Countyof ( 1Dd tl I�� ( Q)�"� CAPACITY CLAIMED BY SIGNER On-1 11-2 _ Q ,before me, ril..n Q. !tet I V✓Vkt \\�/�. �k ough statute does not require the Notary to rill DATE NAME, ITLE OF OFFI ICER E.G.,"JANE DOE,NOT Y PU Ic' in the data below,doing so may prove invaluable to personally appeared , � persons relying on the document. ��`��-qqq NAME(S)OFSIGNE S) ❑1) ❑ CORPORATE OFFICER(S) El INDIVIDUAL w�E.II personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to /v be the person(s)whose name(s)is/are subscribed TITLE(s) to the within instrument and acknowledged to me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED TANYA CHINCHILLA his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL f' Commission# 1375153 his her/their signatures)on the instrument the ❑ TTORNEY-IN-FACT z z person(s)or the entity upon behalf of which the Ef ❑ TRUSTEE(S)w" Notary Public - California > person(s)acted,executed the instrument. Contra Costa County ! ❑ ❑ GUARDIAN/CONSERVATOR My Comm.Exphes Sep 16.2006 WITNESS my hand and d Ise , ❑ ❑ OTHER: SIGNER IS REPRESENTING: S TURE OF MTARY I NAME OF PERSON(S)OR ENTITY(IES)) ❑❑ acknowledged to me that such corporation exec ted th withi ins ment pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION y THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document o uv\cr\.V J TO THE DOCUMENT AT RIGHT. Number of Pages - 0/ Though the adjacent data is not required by law,it may prove valuable Date of Document_ 1 r/ y w 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 - Sigiing 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 I 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 theperson 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: 11 ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." PIOWER OF ATTORNEY FOR DEVELOPERS —RE•rY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO 130X 19725,I RV I N Id,CA 92623 (949)263-3100 KNOW ALL MEN BY THESE PRESEN'TS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,coma none and appoint: I ***John Daley, Lin Barnett, jointly or severally*** as their true and lawful Attoincy(s)-in-Fact,to stake,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties.bonds,undertakings and contracts of suretyship giving and granting unto said Atimncy(s)-in-Fact full power and authority to do and to perform every act necessary.requisite m proper to be done in connection therewith as each of said corporations could do.but reserving It)each of said corporations full power of substitution and revocation,and all of the acts of said Anorney(s)-in-Pact,pursuant to these presents,are hereby ratified and confirmed. 'This Power of Attorney is granted anti is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DF•VELOPERS SURF,I.Y AND INDBMN I'l Y COMPANY and INDEMNITY COMPANY OF CALIFORNIA.effective as of November 1,2000: RESOLVED,that the Chainnan 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 attorneys)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undenakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corpotations be,and each of them hereby is,authorized to attest the execution ofany 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 Uterew,by facsimile,and any such Power of'Attorney or certificate bearing such facsimile signatures shall be valid and binding upon tic corporation when so affixed and in the hmtre with respect to any bond,undertaking or coutracr!ofsuretyship to which it is attached. IN W]TNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNIFY COMPANY OF CALIFORNIA have sc%crally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December. 2005. 1 1 By: David H.Rhodes, ecurive Vice-President �.(. AND PANV .... ��;0., OM FXOF i�J�•'pP 0R4 Al•; AG OGo PPOggT p OCT. : <? z OCT.5 T I oar- 10 c n 5 W 1967 .A By:, t i�`:• 1 9 3 6 `3 c Cl C'q Walter A.Crowell,Secretary O`• /0 da S' 4/FO -a _ tip'•....W P,..:�? STATE OF CALIFORNIA ^� COUNTY OF ORANGE-, 1 On December I,2005 before me.Gina L.Garner, Notary Public(here insert name and tide of the officer), personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or pawed to rate on the basis of satisfactory evidence)to be the persons)whose uamc(s)Ware subscribed to die within instrument and acknowledged to me that he/.shehhey execuicd the same in his/herhhen authorized capacity(ics),and that by his,/her/their signaturcls)on rhe instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument, WITNESS my hand and official seal. GINA L. ARNE COMM.#G 569561 Signature (J z ' �G�- C�2 (SEAL) NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY v My comm.expires May 13_2009 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNi7Y COMPANY and IN'DEMN17Y COMPANY OF CALIFORNIA, docs 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 24THay of JULY 2006 13y Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05)