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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-173 cji THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 26, 2002 by the following vote: APES: Supervisor Gerber, Uilkema, Glover and Gioia NOES: None ABSENT: Supervisor Mark DeSaulnier, District IV ABSTAIN: None RESOLUTION NO. 2002/ 173 SUBJECT: Approve the Second Extension of the Subdivsion Agreement for Subdivision 7418 being developed by Deluke Company, Ltd., Martinez area. (District II) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Deluke Company,Ltd.and the County for construction of certain improvements in Subdivision 7418, in the Martinez area, through September 21, 2002; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: December 2002 ♦ REASON FOR EXTENSION: Schedule is pending depending on completion and approval of site improvement re-design. IT IS BY THE BOARD ORDERED 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 o:\GrpData\Enssvc\130\2002\3-26-02\sus 7418130-I l.doc and entered on the minutes of the Board of Supervisors on the date Mad shown. Originator: Public works(ES) March �� Contact: Rich Lierly(313-2348) ATTESTED: cc: Public works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—7-21-02 DeLuke Company,Ltd. 27073 Horseshoe Larne Los Altos,CA 94022 American Contractors Indemnity Company By � ,Deputy 9841 Airport Blvd.,9A Floor Los Angeles,CA 90043 RESOLUTION NO.2002/. 173 CONTRA COSTA COUN'T'Y SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 7418 Developer: Deluke Company,Ltd. Original Agreement Date: September 21, 1999 2nd Extension New Termination Date: September 21,2002 Improvement Security Surety: American Contractors Indemnity Company Bond No. (hate): 9011$335 9018335 (August 20, 1999) Security Type Security Amount Cash: $3,500.00 (1% cash, $1,000 Min.) Bond: K $344,800.00 (Performance) S 174,150.00(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. 1-18-01Dated: Dated: FOR CONTRA COSTA COUNTY Maurice M. hi Public Works Director Developer's Signatu (s) By: .Grtr,t .y't: If Printed RECOM )19APPROVAL: Address American Contractors Indemnity Company By: ring Services Division) Surety or Financial Institution 9841 Airport Blvd. , 9th Flop Los Angeles, CA 900145 Address (NOTE. Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Attorney in Facts Signature FOXM"pPWvEa:ViwJ.W. -,C�yC d Keith Sandrock Jr. / January 23, 2002 Printed After Aegroval Return toClerk the Board AAmerican Contractors Indemnity Company 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 05.1260 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Keith Sandrock of Pleasanton,CA Its true and lawful Attomey{s}in-Fact,with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S ***2,500,000•00 Dollars*** This Power of Attorney shall expire without further action.on January 16,2003. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December,1990. "RESOLVED that the Chief Executive macer,President or any Vee President, Executive Vice President,Secretary or Assistant Secretary,shall have the power and authority 1. To appointAttorney{s}-in-Fact and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereofand, 2. To remove,at any time,any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seat of the Company may be affixed to any such Power of Attorney or cert,f?cate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified byfacsimile-signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1 st day of September,2o00. AMERICAN CONTRACTORS 1NDENV411 Y COMPANY SEPI 46,1990 .p Byt Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA. § COUNTY OF LOS ANGELES On this 1 st day of September,2000 before me personally came Andy T.Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal � _ DEDO RAH REFSE Commkilom if 140UW • Notm Pubk--Callfomio D&o•� `�' C @•��.. Los Angeles County rill Reese,Notary 1, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above,are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 23rd day of___ January 200 2 Bond No. 9018335-- Subdivision Agreement Extension #9005 f ,• Agency No. JAMES H.FERGUSON,itotporate Secretary rou.roAoarsaal CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Stateof California OPTIONAL SECTION County of Alameda CAPACITY CLAIMED BY SIGNER On 01/23/2002 ,before me, Aimme M. Schlosser, 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 to personally appeared Keith Sandrock, Jr. persons relying on the document. NAME(S)OF SIGNERS) ❑ ❑ INDIVIDUAL CM personally known to me-OR-❑❑ mx i to ❑ ❑ CORPORATE OFFICER(S) be the person(*whose nameW is/amubscribed nnE(S) CNOTARY E M.SCHL OSS�� to the within instrument and acknowledged to MM*1314101 me that he�gexecuted the same in ❑ ❑ PARTNER(S) ❑ d LIMITED PUBLIC-CALIFORNIA 0 his�ltD!'Mxk authorized capacit}i and that by ❑ ❑ GENERAL MEDA COUNTY' 0 hisjbR*Xjtsignature(*J on the instrument the ❑ M ATTORNEY-IN-FACT EXP.AUG.11.2005'r person($or the entity upon behalf of which the W 0 TRUSTEE(S) person(3k acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS my hand and official seal, ® OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY (NAME OF PERSON($)OR ENTITY(IES)) 013acknowledged to me that such corporation executed the within instrument pursuant to its by-laws American Contractors or a resolution of its Board of Directors. Indemnity Company OPTIONAL SECTION Subdivision. Agreement Extensio THIS CERTIFICATE MUST BE ATTACHED Title or Type of DocumentBond # 9018335 TO THE DOCUMENT AT RIGHT. Number of Pages 1+1poa#05-1260 -t- lack. Though the adjacent data is not required by law,it may prove valuable Date of Document 0 1/2 3/2002 to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above Maurice M. Smith re-attachment of this form Developer's Signature/Engineering Svc. a unsigned a s me 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 nmst 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 bina the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. ((aThe Chair of the Board (b The President (c Any Vice-President GROUP 2. a The Secretary 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 resolution ofthe 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 e r State of +i e+11o/+ _ _ OPTIONAL SECTION County of -hC/// ` �( CAPACITY CLAIMED BY SIGNER On 1 `Z 3r} t—Zoe before me, 0 �/ � +��+ � N-JAA ity Pk I/+c, Though statute does not require the Notary to til# DATE (� NAME,TITLE OF OFFICER E.G..-JANE DOE,NOTARY PUBLIC" In the data below,doing so may prove invaluable personally appeared_ G e c, x °;- J �tJ k) 4- L 14 r)A Y ��}#• to persons relying on the document NAME(S)OF SIGNER(S) 1-1 0 INDIVIDUAL personally known to me-Oil-I 1 El provided tome on the basis of satisfactory evidence to 1:1 t:0f 'ORA'f E f3rr CE be the personlo whose name Di a ubsc—bed --� to the within ins ment and ackn.5-dged to CKCJCA I)y'°k�►T}Y F sty' �� r� p a _— — — — me chat hey xccuted the same in ❑ ❑ PARTNER(S) 11 ❑ LIMITED�' L�Q Km K.IKE$E hisfher h ut orrzed capacity and that by ❑ ❑ GENERAL Gt�A �s �#1215itn #risfher elr ignaturq�on the instrument the ❑ ❑ ATTORNEY-IN-FACT perso or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) IWAHa tly PUb0c-- CzftXrJaperso acted,executed the instrument. D ❑ GUARDIAN/CONSERVATOR Sarda Ckira ❑ ❑ OTHER: #fCaTm Ep;*1&km 17,2M4 WITNESS my Panda Ici seal, +dusw1 /J�` SIGNER IS REPRESENTING: SIGN TPE OF NOTARY {NAME OF PERSON(S)OR ENTITY(IFS)) 1 I❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws (� ke .� or a resolution of its Board of Directors. )) S7 OPTIONAL SECTION f THIS IS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages 7lvf/ ay►J1� Though the adjacent data is not required by law,it may prove valuable Date of Document 1� �� _ ✓�' G.r- 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 Ee signed exactly as it is typed or printed. li. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typgd. 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 F9,%QPRPORATIONS Documents should a 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 GROUT'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 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.