Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-323 CA CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. 111 Clerk-Recorder Contra Costa Supnty ervisors DDC_ 200x4-0220765-00 Board of Supervisors Return to: Wednesday, JUN 16, 2W4 14:35:39 Public Works Department FR6 $e.0e : Engineering Services Division Tt 1 Pd $0.00 Nbr-02189171 Ire/RS/1-6 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.20041323 SUBJECT: Accepting completion of public offsite drainage improvements and approve the second extension of the offsite drainage improvement agreement,;Subdivision 7267, Lafayette area. (District II) The Public Works Director has notified this Board that the public offsite drainage improvements, Subdivision 7267 have been completed as provided in the Offsite Drainage Improvement Agreement with Silverhawk&Company, Inc.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JD:rm G:\GrpData\EngSvc\130\2004\06-15-04\SD 7267 B0-45.doc Originator: Public Works(ES) Contact: Frank Navarro(313-2264) Recording to be completed by COB LD.68-035485; W. Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. Sheriff-Patrol Div,Commander I hereby certify that this is a true and Correct copy of an CHP,c/o Al artog - csAA Caaction taken and entered on the minutes of the Board of Silverhawk&Company,Inc. Supervisors On the date Shown. Attn:Jeffrey Batt 1 Blackfield Dr.,PMB 404 T%uron,CA 94920 ATTESTED: .TUNE 15, 2004 International Fidelity Insurance Company Attn:Clay Thompson JOHN SWEETEN, Clerk of the Board of Supervisors and 3200 villa Lance County Administrator Napa,CA 94558 Morgan Capital Investment Properties/ Lafayette King Drive Association c/o Sequoia Land Investments Attn:Linda Felt By , Deputy 3 Harbor Drive,#303 Sausallito,CA 94965 RESOLUTION NO.2004�25 _ ......................................... SUBJECT: Accepting completion of public offsite drainage improvements and approve the second extension of the offsite drainage improvement agreement,Subdivision 7267, Lafayette area. (District II) DATE: Jane 15, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the public offsite drainage improvements have been COMPLETED as of June 15,2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY July 17, 2001 International Fidelity Insurance Company BE IT FURTHER.RESOLVED the payment(labor and materials) surety for$292,400.00, Bond No. CAIFSU 0318731 issued by the above surety be RETAINED for the six month lien guarantee period until December 15,2004,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the beginning of the warranty, period is hereby established, and the$5,800.00 cash deposit(Auditor's Deposit Permit No. 369844 ,dated June 13, 2001) made by Silverhawk & Company, Inc. and the performance/maintenance surety for $81,920.00, Bond No. CAIFSU 0318731 issued by International Fidelity Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Offsite Drainage Agreement between Silverhawk & Company,Inc. and the County for construction of certain improvements in Subdivision 7267,in the Lafayette area,through February 10, 2005; APPROXIMATE PERCENTAGE OF WORD.COMPLETE: 100% ♦ REASON FOR EXTENSION: Warranty Period. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. RESOLUTION NO. 2004/323 _ _ _ CONTRA COSTA COUNTY OFF-SITE DRAINAGE IMPROVEMENT AGREEMENT EXTENSION Development Number: Subdivision 7267 Developer: Silverhawk&Company,Inc. Original Agreement Date: July 17,2001 Second Extension New Termination Date: February 10,2884 2-0- Improvement Security Surety. International Fidelity Insurance Company Bond No.(Date): CAIFSU 0318731 (June 7,2001) Security Tvue Security Amount Cash: $5,800.00(1%cash,$1,000 Min.) Bond: $81,920.00(Performance) $292,400.00(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� 2004 404 Dated: Dated: May SIL A K & grANY, INC. FOR CONTRA COSTA COUNTY DevelopRs ignature(s) Maurice Sherr unlit Warks Director JEFFREY BATT PRESIDENT By. Printed 1 Blackfield Dr. , PMB 404 Tiburon, CA 94920 Developer's Signature(s) RECLADED F R ROV By: Printed Engineering Services Division) 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 94558 FORM APPROVED:Vidor 1.Wat...,C-ay Ca ad Address - Aber Aoaroval Return to Cjerk oftke Board ►u+ Attorney in Facts Sign tore CPCU CLAY TH014PSON ATTORNEY-IN-FACT + CAti AYRE Printed 3200 ALA LANE NAPA,G . CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of F`"t fg 1 OPTIONAL SECTION County of > -- . CAPACITY CLAIMED BY SIGNER k On q' before me, Pak-1141,C-.- Though statute dohs not require the Notary to fill A NAME,TIT OP OFFICER RG.,"JANE DOB,Nt1TARY EU�LIC" In the data below,doing so may prove invaluable to - persons relying on the document. personally appeared NAME(s)OF siGNiiR(s) 0 ❑ INDIVIDUAL rsonal) known to me-OR-0© provided to me on the basis of satisfactory evidence to CL Ef CORPORATE OFFICER S. Pe y P ry ai��•Q 7"'r'�,�ri '✓"_�.�7' .,.t.J be the person(s)whose name(s)is/arc subscribed TITLE(s) to the within instrument and acknowledged to `�= %"T—t"� me that he/sh&Usy executed the same in ❑ ❑ PARTNER(S) 0 ❑ LIMITER Jo n FEL3� his/horAheir authorized capacity(iss),and that by 0 ❑ GENERAL �1Mion# 1281702 his/twr heir signature(s)on the instrument the ❑ p ATTORNEY-IN-PACT "Otoy pwft.Ctmomita y persons)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) madftcourdy person(s)acted,executed the instrument. C7 © GUARDIAN/CONSERVATOR is WITNESS my han d offs ❑ 13 OTHER: SIGNER IS REPRESENTING: OTNOTARY (NAMOF PBRSON{s)OR ENTITY(i2 5)} i DO acknowledged to me that such corporation executed c within instrument pursuant to its by-laws l V� i or a resolution of its Board of Directors. OPTIONAL SECTION ` THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document I TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document 1 t l L 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 tate 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 a 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 PARTNERSHIP'S- 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 The President 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 person si g the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will s ice. 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 l State of California ss. County of . NAPA On 5-20-04_, before me, THERESA STUDUAKER, NO'TAR'Y PtLRLTC Data Name and Title of ofra er(e.g.,"Jane Doe,Notary Public") personally appeared CLAY THOMPSO Namo(s)of Signer(s) I personally known to me 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 STUDEOMMR signature(s)on the instrument the person(s), or Comrnieion' t57 the entity upon behalf of which the person(s) - ► Notory Public • Coiitornio Napo County acted, exe ted the instrument. My Comm.Expires Apr 2,2007 r E my han and off/ ' seal. i i Place Notary seal Above ire of Notary Public OPTIONAL Though the information below is not required by low, 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 i Title or Type of Document: r Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ieis) Claimed by Signer Signer's Name: Individual Top of thumb here El Corporate Officer—Title(s): D Partner—70 Limited D General 13 Attorney in Fact C Trustee C'i Guardian or Conservator 0 Other: i signer Is Representing: 0 1999 National Notary Aetiaamlon•6350 De Soo Ave.,P.U.Boz 2482•Cttaatworth,CA 91313-2402•www.nauonalnotary.or6 Prod.No.5907 Reorder calf Toil-Frae 1.60D-676.6827 t moi` t t '3 .. � ..hL ..... OF y C��vvE M g�j FJL IYI�t 7 ?IC *i.t NIEI ` " "5,►F.dJ k, t, t�W,AIX1M- ''�)Y�SE;M� That i1�1'I`.F.>�I�IA'1't IYtAL l ,l'I3Jt''' IST CI ANCL Cfxi 'A tY, a¢ rparau tt tt anizCi3 end ext&ti?ng laws of etre taxiflav;:lersr ,and hairxlYg r ptlticipal o face m the City A.,Nttlwarit l�atx+hers ,does�r�by cots ttto aid oi�t I9 IC7 C4 TV '."CLI�Y S r ::R010ER' CY�V CECT I�'$'ItE D t:L SCAN ' his a, its true and -kw' l at vrney(s)-` 'fa cttb txocnte,seal and. Oliver for.and on itsIbAalf as eg ety,an ;wind ali bonds ar S'undertai tiiigs odturacts of indemnity and other v�tlflng&tibligatory,14 tlsC nam thCleo, w ch are or may b :�llowed��egwred npermi i� law,aiatixtc rpt rc fin,:ct�sitract or otherwise :and the execunon of such insttutnent(s) u�pursuanoe.of ihesb'preszlts, shall be as bratdittg upon card'I�itl+tiT 1�NAt P"Tf3lfil I Y 3]tTSI1RA�ICE o113E!ANX� as-ftilly,aticT amply, u,all antents and purposes;as if the same had�been duly exeeuttd arxi acJttnowleilged by#ata regularly elected officers tet its et itl office. lP: This dower of:Attorne�y`.is executed,and•'t�i�yy be revoked •pursuant to and by atflhorlty cif Atttcie 3.Secnorr 3,of the`'# awa ada�d lay the Board of I3irectors ofll+l IEATI4JNATi IrIDlLI3?Y IIYStAN C©lllPAlxtY at a metttitg tailed and held on.the 7th day pft7biusiy S97 . The President or any Vice 1?resident,1 xecutiYe'Vice President,Secreary or Assietant.Secretary shttII have p®wer.: authority (l)To appoint Attorneys-in-fact,and to authorize them to execute on:behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,.conthou of indemnity.and:other writings obligatory in:the nature thereof arid, (2)To remove,at any tftnz,any such attorney-in-fact and revoke the authority given. Further,this Power of AtIomeq is s ed and sealed byy facsimi le:pursuant to.resohitiofi of the Board of Directors of said Company adt pted at a meeting duly called and held on the 29th day of Apyil, 1982 of which 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 any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsittuIe seal shall be valid and.binduurtgg upon the Company and any such power.so executed and certified by faesitnile 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. 1ITY I t�+ IN T'BSTTmow wHPREoF,PaERNATToNAL FmELri Y P48URANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,tins 31st day of August,A.D.1948. INTERNATIONAL FIDELITY INSURANCE CO ZEAL L-2 ST'AT'E of NEW JERSEY ` q County of Essex Vice.Pr itlent C7ri;this'31st day of August 1498, before rtie came the individual who executed the prtetditag mstnrmetft to me rsonally known,and,being by me duly sworn;;saitl;the he is.tlie therein described td authorized officer of the IN l ERNA:3#ONAl F'IDELIW INSURANC 014TP AI Y;that the seal affnsed tri said instrument is the Carparate Seal of said Company; that:the said Corrporate Seal and:his signature were duly affixed by.order of the Board:ofDirecmrs of said Company. ° {Vl IN TI STTMt3NY RBOP,I have hereunto set my'}sand affixed my Offictal Seal} at the C#fy p, Newark,NeW Jersey the.day acid year first above m*. n jp siii A) 01 Ate'PUI3C OFtEW 7lSE' C>RTLPICAi{I+l. 21,2t10 Catissiori Expired NC?� I,the undat 'Shed's of 31 l I` ICI `It3NAL M. 9LrrVVSU1tANC .G'CiI PA ii'dd:heroby f1+that I ve ort grated#lae fomgaing copy of the 3rower of :t leaf idaiirt,and iii Gc?p Q,tlie Saotio of the Ey aws ofaa3d troii#p ny.an s t ftirth�rI,paid I�txq+er of tF cy fch rhe ORIGINAL t33Y 3 1 THE Ht3M]r:4Ssl�WE X3V?kD C{7 ks1�tY,and that fhe samesare correct trabscr3p� W1,iia of rite mole of the saii�`oi�ginsla^arid that the said Power y yoked and is nov ani ritlJ force ars#:effect of ►ttcjme has not been rs„ : IN fiESTIMON Y pi $ERBC7F,I have heilinto set my hand tats '.day of c�izay 204�k As istai3t<Sec tatty