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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-322 _.. . r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on June 15, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ 322 SUBJECT: Approve the Third Extension of the Subdivision Agreement for Subdivision 7267, Lafayette area. {District II} The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement between Morgan Capital Investment Properties and the County for construction of certain improvements in Subdivision 7257, in the Lafayette area,through April 15, 2005; r APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: April 2005 r REASON FOR EXTENSION: Changes in the improvement plan IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. JD:rm G:1GrpData\EngSv6B0\22004106-15-04LSD 7267 130-11.doc Originator: Public Works(ES) Contact: Frank Navarro(313-2264) cc: Public Works-T.Bell,Construction I hereby certify that this is a true and correct copy of an action taken Current Planning,Community Development and entered on the minutes of the Board of Supervisors on the date T—February 15,2005 Morgan Capital Investment Properties/ shown. Lafayette-King Drive Association c/o Sequoia Land Investments ATTESTED: JUNE 15, 2004 Attn:Linda Felt 3 Harbor Drive,#303 JOHN SWEETEN, Clerk of the Board of Supervisors and County Sausallito,CA 94965 Administrator International Fidelity Insurance Company Attn:Clay Thompson 3200 Villa Lance Napa,CA 94558 By , Deputy Siiverhawk&Company,Inc. Attn:Jeffrey Batt I Blackfield Dr.,PMB 404 Tiburon,CA 94920 RESOLUTION NO.2004/ 322 CONTRA COSTA COUNTY SUBDIVISION-AGREEMENT EXTENSION Development Number: Subdivision 7267 Developer: Morgan Capital Investment Properties Original Agreement Date: April 20, 1999 Third Extension New Termination Date: April 15,2005 Improvement Security Surety: International Fidelity Insurance Company Bond No. (Date): CAIFSU 0318779 (March 6,2003) i Security Tvae Security Amount Cash: $5,800.00 (1% cash,$1,000 Min.) Bond: $115,000.00(Performance) $292,450.00(Labor &Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: Dated: Apr i 129, 0 OA-- Morgan 4 _Morgan Capital._Investment Properties 9 FOR CONTRA COSTA COUNTY Developer's Signature(s) by Lewis E. Cook Jr. Maurice M hiu, ' blit Warks Direc#or its President J By: .-..,....� Printed ,- ti�n�da—j. y LFelt its Secretary Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: Printed (Engineering Services Division) 3 HARBOR DR. , #303 SAUSALITO, CA 94365 Address INTERNATIONAL FIDELITY INSURANCE COMPANY (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized•) 3200 VILLA LANE, NAPA, CA 945.58 rowu.A"xovrn:Via.Js W. ..n CamtYca,M Address Y After llnnroval Return to Clerk$fthe Board Ll�,T� �. Attorney in Facts Signature MAY Z~80N,CPCU CLAY THOMPSON ATTORNEY-IN-FACT *13U 34B JA03W,CABI3 M Printed 32W VN.lA LANE NAPA,CA 94558•(707)252.882 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of•�e� t'� Y`, t+ -�y / j CAPACITY CLAIMED BY SIGNER On � I kfefore me, XJ a r*�t ,�< .J i'�►✓f to ogl.,N£�'�, ,z, 1'x'(7�C Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY P LIC" In the data below,doing so may prove invaluable to personally appeared '+fj 4 c er/ y", persons relying on the document. NAME(S)OF SIGNER(S) ❑ a INDIVIDUAL ❑I(personally known to me-OR-❑© to 0 1�k CWORATI,OFFI ERW f be the personl,4 whose name(*r Wswsubscribed llF--+ a UW TITLES) to the within instrument and acknowledged to Coffafto#141=4 me that he/sl wUwy executed the same in ❑ p PARTNER(S) ❑ 13 LIMITED . "� his/hwAbAir authorized capacity(ies),and that by ❑ © GENERAL momhis/4w4 their signature(s)on the instrument the ❑ ® AT'T'ORNEY-IN-FACT Fv,@M person(#)or the entity upon behalf of which the Comm fs1OY person(s�acted,executed the instrument. 0 13 TRUSTEE(S) ❑ © GUARDIANICONSERVATOR ZESS my hand andaf4cial seal, ❑ 13 OTHER: - SIGNER IS REPRESENTING: SIGNATURE OECOTARY (NAME OF PERSON(S)OR ENTITY(FES)) 1313 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. / I OPTIONAL SECTION Contra Costa County THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Subdivision Agreement Extens n TO THE DOCUMENT AT RIGHT. Number of Pages 1 'i- Certificate Though the adjacent data is not required by law,it may prove valuable Date of Document April 29 2004 Maurice M. Shlu to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named AboveE Eag a.._e y i_v Se vices re-attachment ofthisform Linda J. Platt Felt, Division) 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 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 persan signing the instrument to execute Instruments of the type in question 1s 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 ACKNOWLEDGMENT State of California ss. County of Marin On May.,-6, 2004--.-.----- beforeme, Deborah L john$on Notary Pnb t i Date Name and Tide of ofFloar{e.g.,`Jane Doe,Notary Pubiicl personally appeared Linda J. Plott Felt–--_—_..___ Ptasne{a)at S`�ner�a} t ®personally known to me i � e -- to be the person(Wwhose narne(Wis/aw subscribed to the within instrument and ) acknowledged to me that hefshe/they executed do the same in higher/the4r authorized %OWL J1 "INKI4 capacity(ies�, and that by bierfher/heir signature(4 on the instrument the person(4,or the entity upon behalf of which the personas acted,executed the instrument. WIT77 my hand and off i ' seas. ai j t re of NOI)K Pubitc i , J } } OPTIONAIL Though the information below is not required by taw,it may prove valuable to persons relying on tate document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Contra Costa County Subdivision Agreement Extension t ) Document Date: April 29, 2004 number of Pages: 1 + Certif ates Signer(s)Other Than Named Above: Maurice M. Shiu, Linda J. Platt Felt, and (Engineering ServlceS DIVISIOn f Capacity(les) Claimed by Signer Signer's Name:_. grin a _ Intt Fe2t.....� 0 Individual or thumb here P9 Corporate Officer---Title(s): Secretary 0 Partner—0 Limited l]General D Attorney-in-Fact El Trustee D Guardian or Conservator C? Other: Signer Is Representing: Morgan Capital Investment Properties i 0 5989 Nano;W NotaryAssociation-93W Da Soto Ava.,P.O.Box 2402-Chatsworth,CA 91313.2402-www.nationafnotary.org Prod.No.9907 Reorder.WW-Fran f 8 .1 � J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of .NAPA On 5-2-04, before me, THERESAJttdd/E`iBAM NMARY PIIBLTC Date Name and Title of Officer(e.g_"Jane Doe,Notary Public") 6 personally appeared CLAY THOMP N--- Name(s)of Signers) X personally known to me L_ 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(ies), and that by his/her/their THERESA STUDEsignatures)on the instrument the person(s), or Comirrihi1 ,7 sion 1the entity upon behalf of which the person(s) µ+rr Notary Public -Coiitorl acted, executed the instrument. Nopo County ` tvtyCornm Expires Apr 2,2007F my ha d and official seal. Place Notary Seat Above SI nature of Notary Public �1 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. i Description of Attached document Title or Type of Document: l Document Date: Number of Pages: Signer(s)Cather Than Named Above: Capacity(les) Claimed by Signer Signer's Name: • El Individual Top of thurritu Here C7 Corporate Officer---Title(s): i © Partner•--Cl Limited E]General 0 Attorney in Fact C Trustee ED Guardian or Conservator M Other: i i Signer Is Representing: 01999 tWonsl Notary Association•9350 6e Soto Ave.,P.O.Bop 2402 Chatsworth,CA 91913-2400+www.natlonalnotsry.org Prod.No.6007 Reorder:Cap Toll-Free f 800.876.6827 Til(973.)X24-7 t?D t �,t l' .� EAT ► H M C3F?ICEk ONS N Wsbl�Rl[C lrE1�I Ei�,20T FI,S�UOR NEWARI'f;'NEW 7E1� ��f772�2�537 ; +YC31b`ALI. $Y THESE IRI SFl4TS T h IN I"Z112NA Its AL +11"� a IANC _,W a oatperratcari c�rgasu ed and existang. laws of the Mate of AteW 3arsey.and having ttSrlctpal;aff} an tli City:Newark,lewersoyr does,# ry ccirlst# te and appoint . I7AMON"14-WATTr O] Ay 'i'�O�Si�X ROB�t.'I` I�y; irHCYtT�CK� +7�P' D. `�1 CtCSi�t .: so Nap ar i its true aw, 11 SAW iney(s)irt:facs exectt#g "seal andL.,deliver far and on its i ehalf as surety~any add all:bouds.aid undert kings,contracts of indemnity and other wr�tirigs pbligatcsry iYt the nature theiiwof which are or ttay be allowed cetluited ar rmitte b i4w, statute rule to ation,contract or otherwise,:and the execution:of.such instrutrtent(s) in Pursuance of these presents, sha{I be as b g upon the said tl�l'I :i21 ,�TIdNAL 1+ LTIY Fi�Ig{7R,ANCE COMI'ANX, as fully:and amply, to all.:mten and.purposos, wif the same had been`iluly executed acid acknowledged by its regularly elected aft�cers at its principal office. This Power of A twtwy is executed,and rnip be �evnked,pursuant. and by autltoray of Article 3 5ectian 3,oday 1aws oda by the Board of T>irectors of Ii TIr�RNATI(31YAL FIDELITY INB€7RANC COkl3PAI�IX at a ineefing called and held on the 7th day of Fubruary,f9 4. The President or-Any Vice I+resident,Executive Vice President,Secreixtry or Assistant Secretary,,shall have ppwer:.asd audtority (1)To appoint A,nat ys.in-fact,and to:authorixe them to execute on behalf of the Company.,and attach the Seal of the Company thereto,bonds and undertakings,contmets of indemnity,imd other writings obligatory in the nature thereat arid, { ) To remove,at any time;;any such attorney-i n-fact and revoke the authority given. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Dit ectors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of wflich the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or ariy certificate relating thereto by facsimile,and any such power of attorney or certifidate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile 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. TV IN TESTIMONY WHEREOF,W17RNATIONAL FiUEI.ITY INSURANCE Cf)11VANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998, SEAL fir`; INTERNATIONAL FIDELITY INSURANCE CO 1904 � STAVE OF NEW.JERSEY County,of Essex VtPr ident On this 31st day of August 1998,before me carne the individual who executed the precedin xnstrutneirt, to m�eppersonallyy known; and; being by the duly sworn,said the ha is the drexeirt described and authorized officer of dtz INTERNAT OMNAL FIDELITY Il'V'&ANCF Ct3Mt'AIVY;that the seal affrxed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and'.his signature were duly affixed by order o€the Board of Directors of said Ctzuipariy. INT TIM IN HEREOF I have hereunto'set my hand affixed my Official Seal, at the City cif Newark Ne�w<Jersey tiro day and year fast above written. NOTARY I�IJBLC M �e # PIP ' A I�OTARY. PUBIJ OIx I�TEW JE EP CERTIFICA,I ICixl mous Cttr Expires 21. 6t75 y Co st :N( si 3,.thc undeisigned csf er of iIVTRliislATIONAL FID&AT'Y INSURANCE.CUIVf#'ANY dc�hereby cerdf�t that I.iiave cot�sared the fcttegoing copy aE the Power of Attraixtey and"affidavit,;and ilia y ctftlre Seeati of the lIy>Laws ofa#d Cutty as seliXirth ir#sd l�pwer of 1#zorney w#fh the OIZIGINA S CN .RV THE HL}Ivi :E I�FICE OP SAID C(7A A2iY,and that circ same art correct trabscripts thereo#`,'a9d of ilia whale of the sari originals`and that the sattl Power of Rats r eY has not becn;revoked and is naw m full force;and.,effect tivl l STI W Ii~RIrt3P,I have hefettrito sit my hand ttil '� day of ,`; 2004. A Stan# BCrP#afy