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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-044 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 28,2003,by the following vote: AYES: SUPERVISORS GIOIA, UIII(E A, GERBER, GLOVER AND DESAUINIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/44 SUBJECT: Approve the fifth extension of the Subdivision Agreement for Minor Subdivision 11-91, Walnut Creek area. (District III) The Public Works Director having recommended that he be authorized to execute the fifth agreement extension which extends the Subdivision Agreement between Brennan O'Brien and Karla Leibowitz and the County for construction of certain improvements in Minor Subdivision 11-91,in the Walnut Creek area, through October 11,2003; i APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% + ANTICIPATED DATE OF COMPLETION: Late Spring 2003 ♦ REASON FOR EXTENSION: Most of the work consists of a drainage culvert. Intend to proceed after rains. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. P$:cw G:1GrpDatalEngSvc\B0\240311-28-431MS 11-91 BO-11.doc I hereby certify that this is a true and correct copy of an action taken and Originator: Public Works(ES) entered on the minutes of the Board of Supervisors on the date shown. Contact: Rich Lierly(313-2348) .JANUARY 2$� 2 ATTESTED: 003 cc: Public Works--T.Bell,Construction JOHN SWEETEN Current Planning,Community Development , Clerk of the Board of Supervisors and County P.Edwards,Engineering Services Administrator T—8-11-04 Brennan O'Brien and Karla Leibowitz 321 Montecillo Drive Walnut Creek,CA 94595tZ� Indemnity Company of California By Deputy 17780 Pitch,Suite 200 Irvine,CA 92914 Indemnity Company of California 3100 oak Road Walnut Creek,CA 94596 RESOLUTION NO.2003/ 44 SUBDIVISION AGREEMENT EXTENSION Contra Costa County Development Number: Minor Subdivision 1191 Developer: Brennan O'Brien and Karla Leibowitz Original Agreement Date: October 11,1994 5th Extension New Termination Date: October 11,2003 Improvement Security Security Tyne Security Amount Cash: $ 1,000.00(1% cash,$1,000 Min.) Bond: $ 15,900.00(Performance) $8,450.00(Labor&Material) Bond No. (Date): 1514055 .(August 31, 1994) Surety: Indemnity Company of California The Developer and the bonding company desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: (n1 O- o5 Dated: 1�! �PJD Z-OO S .FOR CONTRA COSTA COUNTY Developer's gnature(s) Maurice M. u lic Works Director W&4 4'544 6-PA By: f Printed 57-1 M oritrre.C.t"o wt. W.C. Address RECO1vA "] O APPROVAL: Ievelopers Surety and Indemnity Company By: Surety or Financial Institution 141, n e g Services Division) 3100 Oak Rd. , Ste. 260 _Walnut Creek. CA 94596 Address Attorney' acts Si e (NOTE. Developer's, Surety's and Financial Instituti'on's Signatures must be Notarized) Jocelyn Y. Quirt After Approval Return to Clerk of the Board Printed FOM PPRb Vt.tcrl.Wo�nn. -� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ( OPTI©NAI,SECTION County of z6cll }} /� ^�L,, CAPACITY CLAIMED BY SIGNER On before me, t✓ , A. ,1} g(� � Though statute does not require the Notary to rill DAVE N'`� T °F°� ° ANE D°$N°TARY pJBU°" In the data below,doing so may prove Invaluable to personally appearedt 'r1 persons relying on the document. NAME(s)OF SIGNER(S) ❑ ❑ INDIVIDUAL ❑ ❑ ❑ CORPORATE OFFICER(S) ly - R-C7 ' ed to on the basis of satisfactory evi cc to LISA A.DALZlEI be the whose name i subscribed s V,Rperson COtrimlSsiiOn# 13�7110 to ' ent and ac owlcdged to e thaexecuted the same in ❑ (3 PARTNERS) ❑ ❑ LIMITED Notchy Public - CnNfornio authorized capaciq*s)i and that by ❑ ❑ GENERAL Contra Costa County r signaturcKon the instrument the ❑ ❑ ATTORNEY-IN-FACT 40MYCOMME00 or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) acted,exeeu the instrument. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS y hand an o sci sal,. ❑ ❑ OTHER: SIGNER IS REPRESENTING: SICE`1ATLJRE° BPARY (NAME OF PERSON(S)OR ENnTY(ISS)) 00 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 Signers)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. SIQ N, 1 S FOR INDIV Q`UALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property mustbe state . III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authonty to sign tor an ince partnership. IV. SIQN&EMS FOR CORPQEAU.QNA Documents should 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 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 ofa 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 onlyy 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 ACKNOWLEDGMENT Na.5907 State of CALIFORNIA County of CONTRA COSTA On 01--07-03 before me, M.A.Auvater,Notary Public , GATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Jocelyn Y.Quirt = NAME(S)OF SK3NER(S) ® personally known to me -OR- ❑ 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 his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. hit. A. ATWATER e-omrr halon#1286922 ` WITNESS my hand and official seal. Notery Pubft-Ctattt=101 Conft Cit County 0' LL �' SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) L IMITED GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: GATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) Developers Surety and Indemnity Compamy SIGNER(S) OTHER THAN NAMED ABOVE S-4067/BEEF 2/98 a 1993 NATIONAL NOTARY ASSOCIATION.8236 Remmet Ave.,P.O.Box 7184•Canoga Perk,CA 91309-7184 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 except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint. ***FRANK R. OLSSON, GORDON J. FISCHER, JOCELYN Y. QUIRT, JOINTLY OR SEVERALLY*** as the true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-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 November 1,2000: 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 any such Power ofAttomcy, 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 ofAttorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation 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 Executive Vice President and attested by their respective Secretary this 81b day of November,2000. t-saaa;aungy, -q AND By-David H.Rhodes,Executive Vice President $g s r'� ;'O k� Ay0 P g SEAL t9T7 ' 3 Y . 'V! SO, 1936 xllt� Walter A.Crowell, Secretary apt) •...,... T STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. t MEI%AWATA t7t>tutlA.d►if67tt�i! w �t xatmr,r Signature Jrr fi. CERTIFICATE The undersigned,as Chief Operating Officer 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 ofAnorncy,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the_-9jh day of M:3It 2001 -- By nfltBy David G.Lane,Chief Operating Officer