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Home My WebLink AboutRESOLUTIONS - 01012004 - 2004-221 ._.._._. _...... ......_ ........ ................ _ . ........ ......... ............. __... ......... .. .. .... ............_. _ .. ... ._ . ......__..............._. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 27, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/221. SUBJECT: Approve the Sixth Extension of the Subdivision Agreement for Subdivision 7881, Byron area. (District III) The Public Works Director having recommended that he be authorized to execute the sixth agreement extension which extends the Subdivision Agreement between Centex Homes and the County for construction of certain improvements in Subdivision 7881, in the Byron area, through November 22, 2004; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: June 2004 ♦ REASON FOR EXTENSION: Punchlist Items to be completed. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken JD:rrn and entered on the minutes of the Board of Supervisors on the date 0.\CrpData\EngSvc\$012004104-27-044SUB 7881130-1 I.doc shown. Originator: Public Works(ES) Contact: F.Navarro(313-2264) ATTESTED: APRIL 27, 2004 cc: Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—September 22,2004 Centex Homes 2527 Camino Ramon,Suite 100 San Ramon,CA 94583 Safeco Insurance Company of America By /� P "� ,Deputy Safeco Plaza Seattle,WA 98185 RESOLUTION NO.2004/221 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of +( t � n1 6,_ _ OPTIONAL SECTION t County of {Js i L# Jj CAPACTrY CLAIMED BY SIGNER before me, (ac if. A /Jp- ��r'1 Though statute does not require the Notary to fill DA E NAME,TITLE OF OFFICER E G.,")ANE DoE,NOTARY PUBLIC" In the data below,doing so may prove invaluable to ��r Cj{ { Ya s persons relying an the document. personally appeared I N (s)of SIGNER,{s) 0 M INDIVIDUAL personally known to me-OR-0❑ provided to me on the basis of satisfactory evidence to C ❑ 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 0 ❑ PARTNER(S) 0 Ct LIMITED Wwca-� �,p�r y�� his/her/their authorized capacity(its) and that by 0 ❑ GENERAL ACKIE-A.#�Eii�l� his/her/their signatures)on the instrument the 0 ❑ ATTORNEY-IN-FACT �,#Imp persons)or the entity upon behalf of which the 0 ❑ TRUSTEE(S) I'inic-C4it�tlJ�#tA persons)acted,executed the instrument. 0 ❑ GUARDIAN/CONSERVATOR MA COSTA� 0 J�t.F�t'i:AMLt ,M 06 WnN14ESS my harm nd official seal, 0 ❑ OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY l NAME of PERSON(S)OR ENTITY(IES)) 013 acknowledged to me that such corporation exec jutEd the within instrument pursuant to its by-laws or a resolution of its Hoard 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 ALTS.SIGNATURES -The name and interest of the signer should be typed or printed BENEATI I 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. �b�The Chair of the Board The President cAny Vice-President GROUP 2. (a The Secretary b An Assistant Secretary NThe 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 a resolution of the Board of Directors authorizing the person sI ping 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." CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 7$$1 Developer: Cent ex Homes Original Agreement Date: April 22, 1997 Sixth Extension New Termination Date: November 22,2004 Improvement Security Surety: Safeco Insurance Company of America Bond No. (Date): 5900965 (March 31, 1997) Securitv Tyne Security Amount Cash: $4,600.00(1% cash,$1,000 Min.) Bond: $457,400.00 (Performance) $231,000.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: Dated: FOR CONTRA COSTA COUNT' Develo Signature( Maurice M hiu Public Works Director B � 212 5, Y Printed Developer's Signature(s) RECOMNMENDED FOR APPROVAL: BYPrinted [(E-7ngindle'ring ervices Division) Address SAFECO INSURANCE COMPANY OF AMERICA _ (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized!) SAFECO PLAZA, SEATTLE, WA 98185 FORM APPROVED.VicwrJ.Wounan,Caunry Counaat Ad e .C5 Alter Anoroval Return to Clerk of'the Board Attorney in Facts �gnature ALLYSON DEAN Printed ACKNOWLEDGMENT BY SURETY STATE OF TEXAS ss. County of Dallas On this day of � , before me personally appeared Allyson Dean , known to, me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. l Deborah Griffith Seal * +� MWY IC susp11TIM Notary Public in the State of s (Seal) ey . W Comm County of Dallas S-02301GEEF 10199 ........... POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA SAFECO OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98186 No, 7386 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint #******LAWRENCE W.WALDIE;CARMEN MIMS:BRIAN M.LEBOW;DEBORAH GRIFFITH;ALLYSON DEAN,BRIDGETTE S.JACKSON,Dallas,Texas*...... its true and lawful attorney(S)-in-fact, with full authority to execute on its behalf Fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this loth day of April 2003 C_ CHRISTINE MEAD,SECRETARY M#KE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V,Section 13.-FIDELITY AND SURETY BONDS_the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as aftomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidefity and surety bonds and other documents of similar character issued by the company in the course of its business..,On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking.* Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970, *On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (j) The provisions of Article V,Section 13 of the By-Laws,and (H) A copy of the power-of-attomey appointment,executed pursuant thereto.and (it!) Certifying that said power-of-aftomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof.' 1,Christine Mead,Secretary af-SAFECO,INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESf WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this q� 4 day of SEAL SEAL 9 lots X CHRISTINE MEAD,SECRETARY 94974/&NEF 2 0 A ro&*rod trsdoma*c(SAFECO O&W*604 04110003 POF