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HomeMy WebLinkAboutMINUTES - 11042008 - C.9 To: BOARD of suPERvisoRs - Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa s DATE: November 4, 2008 moo,, 'c6ti_ro County sraiy� SUBJECT: Approving the fourth Extension of the Subdivision Agreement for Minor Subdivision 93-00021, Diablo area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ 7107 approving the fourth Extension of the Subdivision Agreement, for Minor Subdivision 93-00021, for project being developed by Harold W. Smith and Martha-Lee Smith, Declaration of Trust dated May 23, 1979, as recommended by the Public Works Director, Diablo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the conditioned improvements and the Subdivision Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement guaranteeing the completion of improvements will not be renewed. Continued on Attachment: SIGNATURE: AwA"'e%zl/z COMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON e.s/ APPROVED ASR OMMENDED OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. PEJc GaEngSv6B012008111-04\MS 93-00021 BO-1I FORM.docx Originator: Public Works(ES) ATTESTED• p&/G Contact: M.Sen(313-2187) Bond No/Date:565 1435,July 9,2003 DAVID TWA, Clerk of the Board of cc: Public Works—K.Guruwaya,Construction Current Planning,Department of Conservation and Development Supervisors and County Administrator T—June 5,2009 Harold W.Smith and Martha-Lee Smith Declaration of Trust dated May 23,1979 101 Ygnacio Valley Road,Suite 330(DVEC) Walnut Creek,CA 94596 By , Deputy Indemnity Company of California 11780 Fitch Street Irvine,CA 92614 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ SUBJECT: Approving the fourth Extension of the Subdivision Agreement for Minor Subdivision 93-00021, for project being developed by Harold W. Smith and Martha-Lee Smith, Declaration of Trust dated May 23, 1979, as recommended by the Public Works Director, Diablo area. (District III) The Public Works Director having recommended that she be authorized to execute the fourth agreement extension which extends the Subdivision Agreement between Harold W. Smith and Martha-Lee Smith, Declaration of Trust dated May 23, 1979 and the County for construction of certain improvements in Minor Subdivision 93-00021, Diablo area, through August 5, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: August, 2009 ♦ REASON FOR EXTENSION: Acquire Right of Way easements from neighboring properties. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of PE:jc G:\EngSvc\60\2008\I I-04\MS 93-00021 BO-11 FORM.docx Supervisors on the date shown. Originator: Public Works(ES) ..., Contact: M.Sen(313-2187) ����.'bG�/� Bond No/Date:5651435,July 9,2003 ATTESTED: cc: Public Works—K.Gumwaya,Construction DAVID TWA; Clerk of the Board of Supervisors and Current Planning,Department of Conservation and Development T—June 5,2009 County Administrator Harold W.Smith and Martha-Lee Smith Declaration of Trust dated May 23,1979 101 Ygnacio Valley Road,Suite 330(DVEC) � � � Walnut Creek,CA fCali By / Tit+ "`^':�� ,Deputy 4596 Indemnity Company of California a �- 11780 Fitch Street Irvine,CA 92614 - RESOLUTION NO.2008/ �P� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: MS 93-00021 Developer: Harold W.Smith and Martha-lee Smith Declaration of Trust Dated May 23, 1979 Original Agreement Date: August 5, 2003 Fourth Extension New Termination Date: August 5, 2009 Improvement Security Surety Indemnity Company of California Bond No. (Date): 565143S (luly 9, 2003) Security Type Security Amount Cash: $ 11125.00 (1% cash, $1,000 Min.) Bond: $ 111,375.00 (Performance) $ 56,250.00 (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: Principal/Developer: HAROLD W, SMITH AND MARTHA-LEE SMITH; DECLARATION OF TRUST.MAY 23 1979 FOR CONTRA COSTA COUNTY (AND ALL AMENDMENTS,RESTATEMENT§,AND SUB-TRUSTS? Julia R.PBueren, PublicYprks Director By. ! By- mi stee ---- By RECOMMENDED FOR APPR AL: e nu Successor Trustee - By: By. R—oFertRosen Rosenberg, successortrustee (Engineering ervices Division) 'Address: Diablo Valley Estate Company,LLC 101 Ygnacio Valley Road #330 Walnut Creek,CA 9459 (NOTE: Developer's, Surety's and Financial institution's Signatures must be Notarized.) Indemnity Company of California Surety or Financial Institution FORM APPROVED: Victor J. Westman, County 11780 Fitch Street Counsel Irvine, CA 92614 Addres After ADoroval Return to Clerk of the Board V,( k,' kZaW-� Attorney in Facts Signature Erin Russell , Attorney-in-Fact Printed Principal/Developer: HAROLD W. SMITH AND MARTHA-LEE SMITH, DECLARATION OF TRUST MAY 23, 1979 (AND ALL AMENDMENTS,RESTATEMENTS, AND SUB-TRUSTS) By: )i ti date: : i Martha-Lee Smith, Trustee i By - - date: Randall . Smith, Successor Trustee By: �� date: B' e C. �Smith, �S-u-ccessor Trustee By: `C-�lJ�( date: Robert Rosenberg, Successor Tru tee .i Address: Diablo Valley Estate Company, LLC 101 Ygnacio Valley Road, #330 Walnut Creek, CA 94596 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �¢ County ofi/�. �ifJKlYlx O before me, A�*Hereate c� Insert me and Tie of the Unicer personally appeared ��r ��� '` _e of Signer(s)—/ who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(a) isJare subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in tWher/their-authorized capacity(ies), and that by-his/her/their signature(s) on the instrument the person(e), or the entity upon behalf of CAROLCOPPERSIEIN which the person(s) acted, executed the instrument. Commitwon N 15165312 ' Garro I certify under PENALTY OF PERJURY under the laws Cam ExPhnlop310 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o ficial seal. Signature Place Notary Seal Above Signature of Notary P is OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: / Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited 0 General _ ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact L1 Attorney in Fact M Trustee Top or thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association-9350 De Soto Ave.,P.QBox 2402-Chatsworth,CA 91313-2402-www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-87&6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of.California County of On 411.21,0 before me, If /U ate L / - // Insert Nam and Title of he Officer personally appeared ���a � A' • .Y!/ii 6Z? Name(s)of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(.aj Ware subscribed to the within instrument and acknowledged to me that he/sheffhey executed the same in his/her/their authorized M8LCOPpERSTEIN capacity{ies), and that by hisftr/Meir signature(s) on the CommBaion#isi65S2 instrument the person.W, or the entity upon behalf of •` t1o1prt' which the persons) acted, executed the instrument. Corrro Collo Conry I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Nota Signature e�L L.T , y �4 Notary Seal Above ` Signatulte,#YlNofary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date: / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General _ _ ❑Partner—❑ Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact 2L Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ®2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-ChatsworU,CA 91313-2402-w .NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of J} O e��oWobefore me, DaV 01 ollifere Insert Name and Title V1he Officer personally appeared l Lf [,Q C. T/G Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(a)�whose name(aj-is/aw-subscribed to the within instrument and acknowledged to me that CAROL COPPERSTEIN he/Ore/;Otey executed the same in his/ber/their-authorized 0.4Coma; sloe#t 1516532 capacity(jos) and that by his/Jaerltbeir signature,(8.}on the Notary PUIDDC-California instrument the person)*, or the entity upon behalf of Contra Costa County which the persoro) acted, executed the instrument. MyComm.Expras Sep 30,2008 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' Signature Place Notary Seal Above Signature of Nbtavbhw OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: l Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate-Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l County of A(0.rVL C 4dC^ J} On before me, Joinifir L• leai.kli. Cls ry P�` It'c , Date Here Insert Name and Tiile�he O Pi 'r personally appeared P,OLC.r t . Ro�re-K bc49 Name(s)of Signerfs) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/are subscribed to the within instrument and acknowledged to me that yr- ...r� ---w he/sheAhG executed the same in his/hetiAl4eir authorized JENNIFER L.RANKIN capacity(ies), and that by his/he0heir signature(a) on the Commission s 17a14ff7• instrument the person(s), or the entity upon behalf of -: Notary Public -Callfofnlo, Alameda County which the person(s) acted, executed the instrument. Comm ess 21011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand_an_d official seal. ��!y Vr ' Signature � u-�•- Place Notary Seal Above ��ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document J Title or Type of Document: Cop4il CaJ'f.- C6G-s•�'4 S" WVlS1co-- Ajrcc1X4^-7L EXlztir�ro�► Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact El Attorney in Fact L7- Trustee Top or[numb here El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association 9350 De Soto Ave.,P.O.Box 2402•Chatsvtorth,CA 91313-2402 x .NationalNotaryorg Item#5907 Reorder:Call Toll-Freet-800.676-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sacramento On asf4 ZLb$ before me, Sokha Khon, Notary Public Date Here Insert Name and Title of the Officer personally appeared Erin Russell Name(s)of Signer(s) 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 4- executed the same in his/her/their authorized capacity(ies), r and that by his/her/their signature(s) on the instrument the ^E SOKHA KHON person(s), or the entity upon behalf of which the person(s) COMM. #1742622 acted, executed the instrument. t NOTARY PUBLIC-CALIFORNIA 17 SACRAMENTO COUNTY 0 1 certify under PENALTY OF PERJURY under the laws of COMM.EXPIRES APRIL 29,2011 + the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature of Notary Pu c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited❑General ❑ Partner—❑ Limited❑General GQ Attorney in Fact El Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Indemnity Company of California and Developers Surety and Indemnity Company 0 2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1.800-876-6827 • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Sharon J. Rusconi, Sandy Black, Erin Russell, jointly or severally*** as(heir true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman 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 attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be.and each of them hereby is,authorized to attest the execution of anv 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 thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1s(,2008. BY 'A 14,6".. AN pANY ^fit............. OM 0 Stephen T.Pate,Senior Vice President yJ�` l !P;ti:' �G OPPOggT OCTo r D By -------------- -- 1 9 3 6 `o f w 19675 Charles L.Day.Assistant Secretary 11 ,'7, rpw p , a-0D pq�yFoP�\P a= p .... A , State of California , County of Orange On January 1s1 2008 before me, Christopher J.Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T.Pate and Charles L.Day _ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons)whose name(s)islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herllheir authorized + J.ROACH capaciry(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of PHERwhich the person(s)acted,executed the instrument. a COMM.01745939 NOTARY PUBLIC CALIFORNIA 0 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is .3 ORANGE COUNTY ^� true and correct. �( My comm.expires May 19,2011 WITNESS my hand and official seal. Place Notary Seal Above Signature Chr er J.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does 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. c This Cerfificate is executed in the Cily of Irvine.California,the l t day of ��� 1 ��r "woe) By - - ---� Albert Hillebrand,Assistantecrela5" ry� ID-1380(Weq(Rev.07107)