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Home My WebLink AboutMINUTES - 01102006 - C.06 1 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: January 10, 2006 SUBJECT: Approving the Second Extension of the Subdivision Agreement for Creekside Oak Estates, Subdivision 90-07609, Martinez area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Subdivision 90-07609, approving the Second Extension of the Subdivision Agreement for Creekside Oak Estates,Martinez area. (District H) 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 improvdments will not be renewed. Continued on Attachment: ✓ SIGNATURE: elel�teq ✓IFECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE L-XPPROVE OTHER SIGNATURES : i ACTION OF BOAP ON svekr 10 O 6 APPROVED AS RECOMMENDED OTHER VOsuPERvtsoRs I hereby certify that this is a true and correct V UNANIMOUS(ABSENT o (r copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB= G:\G`pData\EngSvc\130\2006\01-10\SD 90-07609 BO-t l.doc // �It Originator: Public Works(ES) ATTESTED: `•aw) Contact: S.Gospodcbikov(313-2316) JOHN SWEETEN, Clerk the Board of cc: Public Works—T.Bell,Construction Supervisors and County Administrator Current Planning,Conmrunity,Development T—October 2,2006 John D.Curtis 1235 Escobar Street Martinez,CA 94553 By ' Deputy Developers Surety&Indemnity Company P.O.Box 19725 Irvine,CA 92623 Attn:Sandy Black THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 10, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaldnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ ;7 SUBJECT: Approving the Second Extension of the Subdivision Agreement for Creekside Oak Estates, Subdivision 90-07609, Martinez area. (District In The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between John D. Curtis and the County for construction of certain improvements in Creekside Oak Estates,Subdivision 90-07609,in the Martinez area, through December 2, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 2% ♦ ANTICIPATED DATE OF COMPLETION: August, 2006 ♦ REASON FOR EXTENSION: The civil engineer made revisions to plans which then affected the general contractor's schedule. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:tm G:\GrpData\EngSvc\BO\2006\01-10\SD 90-07609 130-1 l.doc 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.Gospodcbikov(313-2316) Shown. cc: Public Works—T.Bell,Construction �a»W��„ �� cQODy Current Planning,Community Development ATTESTED: T—October 2oo6 Donn D.Curtisis JOHN SWEETEN, ClerM the Board of Supervisors and County 1235 Escobar Street Administrator Martinez,CA 94553 Developers Surety&Indemnity Company P.O.Box 19725 Irvine,CA 92623 Attn:Sandy Black ByT Deputy RESOLUTION NO.2006/ CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 90-07609 Developer: John D. Curtis Original Agreement Date: December 2, 2003 Second Extension New Termination Date: December 2,2006 Improvement Security Surety: Developers Surety and Indemnity Company Bond No. (Date): 5657525 (November 7,2003) Security Type Security Amount Cash: S 14,700.00 (1% cash, $1,000 Min.) Bond: $ 1,453,300.00 (Performance) $ 734,000.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Sure hereby greefereto and acknowledge same. Dated:_ jP 2� BOOS Dated: Nov :Z8' i 0)-00 S FOR CONTRA COSTA COUNT Devel s Signature(s) Maurice M. Shiu,Public Works it or 3AtJ I) ,Ar4 tS By: Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: eZ1A� o,::a�C.e✓ Printed (Enginee '(ig Services Division) Address Developers Surety and Indemnity Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) P.O. Box 19725 Irvine, CA 92623 FORM APPROVED:vKv J.w�C�yco�va A cess After Aooroval Refurn to Clerk of the Board ttcr e in Fact atu Sa lack Printed (CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CCs I -i.d Y, Yl 1 G OPTIONAL SECTION County of ra n+✓ticO S / CAPACITY CLAIMED BY SIGNER On I/: f-Of ,before me, /g-Lm e-t A K- d If-ISO-7 Though statute does not require the Notary to rill DATE NAME, '�TITLE OF OFFICER E.G.."JANE DOE,NOTARY PUBLIC" In the data below,doing so may prove Invaluable to personally appeared �6 V`- ln I_! -. C[f ►r f 1 S' persons relying on the document. NAME(S)OFSIGNER(S) 0 ❑ INDIVIDUAL 1111 personally known to me-OR-0 provided to me on the basis of satisfactory evidence to 0 ❑ CORPORATE OFFICER(S) be the person(s}whose name(s4 is/aresubscribed TITLE(S) to the within instrument and acknowledged to me that he/sbr/they"executed the same in 0 ❑ PARTNER(S) ❑ 11 LIMITED PAMELA K.NELSON his/hr"t/theireuthorized capacity(ias),and that by ❑ 11 GENERAL his/her/thairsignature(sjon the instrument the 0 11 ATTORNEY-IN-FACT Commission#1510427 person(a}or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) a Notary Public-California ❑ ❑ GUARDIAN/CONSERVATOR _ person(s}acted,executed the instrument. Contra Costa County WITH S m hand offcial e ❑ ❑ OTHER: My Comm.Expires Aug 29,200 Y SIGNER IS REPRESENTING: SIGNATURE OF NOTARY (NAME OF PERSON(S)OR ENTITY(IES)l ❑❑ acknowledged to me that such corporation 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. Il. 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. 1a)The Secretary In 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 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." CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAL SECTION County of Sacramento CAPACITY CLAIMED BY SIGNER On 11/30/05 ,beforeme, Erin Russell , Notary Public Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.."JANE DOE,NOTARY PUBLIC- In the data below,doing so may prove invaluable personally appeared Sandy Black . to persons relying on the document. NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL ❑❑ personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) 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 T ERIN RUSSELL his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL 0 COMM.#1440038 � his/her/[heir signature(s)on the instrument the ❑ a ATTORNEY-IN-FACT (� NOTARY PUBLIC-CALIFORNIA 0 person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) SACRAMENTO COUNTY Q person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR COMM.EXP,SEPT. 18,2007 i ❑ ❑ OTHER: ESS my a d and ffc' I 1, SIGNER IS REPRESENTING: SIGNATURE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES)) 00 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws Developers Surety and or a resolution of its Board of Directors. Indemnity Company 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. (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 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."