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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-380 r'� r yJ w ✓ Y THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 13, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ 380 SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 92- 07746 and Amending Subdivision Agreement, Alamo area. (District III) The Public Warks Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Leonard and Jeanne Steffen and the County for construction of certain improvements in Subdivision 92-07746, in the Alamo area, through June 4, 2005; ♦ APPROXIMATE PERCENTAGE OF WORE.COMPLETE: 95% r ANTICIPATED DATE OF COMPLETION: September 2005 r REASON FOR EXTENSION: Top lift of asphalt-concrete to be placed when home construction is completed. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Warks Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken JD:rm and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\BO\2004\07-13-04\SD 92-07746 RO-1 l.doc Shown. Originator: Public Works(ES) Contact: F.Navarro(3132264) ATTESTED:_ . JULY 13, 2004 cc: Public works-T.sell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County -Accounting Administrator current Planning,Community Development T—April 4,2005 Leonard and Jeanne Steffen 40 Camino Monte Sol Alamo,CA 94507 By_ r ' ,Deputy Developers Surety and Indemnity Company 3100 Oak Road,Suite 260 Walnut Creek,CA 94596 Attn:Elisa DeCristo RESOLUTION NO.2004/ 380 SUBJECT: Approve the Second.Extension of the Subdivision Agreement for Subdivision 92- 07746 and Amending Subdivision Agreement, Alamo area. (District III) DATE: July 13,2004 PAGE: 2 The following substitute security to guarantee the road improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Leonard and Jeanne Steffen as principal in the form of a corporate surety bond rider (Bond No. 8676305) dated April 29, 2004, and issued by Developers Surety and Indemnity Company in the amount of $34,700.00 for faithful performance and $18,850.00 for labor and materials. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on June 4, 2002, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/380 r. CONTRA R°A C�C3�jS�'TA COUNTY j�p� SUMMSIO AGi' EENWEr E=NSIO�� Development Number: SubdWbion 7746 Dem%W.- Lard and Jeanne Steffen ChIgbW Agreement Date: June 41,2002 Sawnd Extensim New Tawgnsftn Date: Jun*4,2005 luiprevement Security Surety: Devdopets Snrrty MdI ld t ty0)n"ay Bond No.(Date): 867630S( ) spoftZme Amft Amount Css&: 5 3,000.00(1%cash,510000 MbL) Bond: 5 34,700.00 0I erfwmwuwe) S I8„8SLW(Labor&Materbo Me Developer and fba Surety desire this Agreemms to be extended iwrew ove date;and Ccs Costa Comty 9nd said S h eXm thereto dge$ame. FOR CONTRA COSTA COUNTY Shin,�blic:�'otics I)ireetor ',�'e BY Printed I7cvclopa's Sigr3at�tc(a) RECOM&PKIPEDFOR.AF1'ltO'trAAI.: Printed ftO&Witli Services Division) Address Developers Surety and Indemnity Company VVOM' D"doper'4 Surety's awd Pbmxdat Surety or F=awW Institution budwoon's'r%pwLVM juntstBeNotari 3100 Oak Road, Ste. 260 _Walnut Creek, CA 94596 >r� r�na�.ra..i Address By: Anornwy3a Facts Signage Elisa DeCristo Primed CALIFORNIA, ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of CQNJEA COSTA On ARril 29, 2004 before me, M. A. Atwater, Notary Public 5 DATE NAME.TITLE OF OFFICER-E.G..JANE iDOE.NOTARY PUSUC` personally appeared Elisa DeCristo NAME($)OF SIGNER(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 ac- knowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), 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. M. A. ATWATER WITNESS my hand and official seal. w commission 1286926 Me !r ubft cc 6fornia canto o costo county t+fifiC,CmM.Fires DeC 10, 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 m1.E(s) TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT NUMBER OF WAGES 11 TRUSTEE(5) M GUARDIAN/CONSERVATOR 13 OTHER: DATE OF DOCUMENT SIGNER Is REPRESENTING: NAME OF PERSON(S)OR ENTr(Y(ses) Developers Surety and Indemnity SIGNER(S)OTHER THAN NAMED ABOVE Company 01M NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Perk,CA 91309-7184 Pt1VljER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623+(949)263-3300 KNOW ALL MEIN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Frank R. Olsson, Gordon 3. Fischer, Dennis J. Woodard, Elisa DeCristo, jointly or severally*** as their true and lawful Attomey(s)-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 of Attomey; 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 of Attorney 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 presen si by ive Executive Vice President and attested by their respective Secretary this I"day of October,2:003. CZ By: 7zsm� .\ f� \�� � .AND•� .,+ � pANYO David .Rhodes,Executive Vice President t� t . J,LpPt7/'g� ,•nl► ,,P �yG Op,P(7 +q� ��L = OCT.6 fi m By: C� 19$6 _ w 156 Walter A.Crowell, Secretary ""• / a�.s ��E li~pfd b .... 'fit►,.` ftfffffFfffl�Y.i1\N\\�,\, STATE OF CALIFORNIA ) )ss. COUNTY OF ORANGE } On October 1,2003,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 are 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�E'yJ.Ki1WA'TA 'kAAlol.�li.+{34I�Of . Signature ,+ 3: Myr{�011wn��llflii.l�W�8.91W6 CERTIFICATE The undersigned, as Senior Vice-President,Underwriting,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 of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 29th day of April 2004 By: Wesley W.Cowling nior Vice-President,Underwriting ID-1380(10/03) inscqbco cg DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism .Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 9010 of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17790 Fitch Irvine,CA 42614 (949)2633300 www.inecodico.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of fir' OPTIONAL SECTION County of T CAPACITY CLAIMED BY SIGNER On 16.j ,before me,__._ �� — " ��" ' � Though statute does not require the Notary to fill DA4 NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOT C" in the data below,doing so may prove Invaluable to personally appeared ��,� $ ✓� ,> persons relying on the document. � � +++'�._.. NAivlE(S)OF SIGNERS) ❑A INDIVIDUAL. ❑❑ personally known to me-OR-❑2f provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the persons whose name,s isiare subscribed TrrMs) *" � ASHKfl� to the within instrument and acknowledged to me that hs"e/they executed the same in ❑ ❑ PARTNERS ❑ ❑ LIMITED COMM.#1312663 PARTNER(S) NOTARY PUBLIC-CALIFORNIA hts�r/their authorized capacity s),and that by ❑ 13 GENERAL 'i CONTRA COSTA COUNTY� his9ger/their signatures)on the instrument the ❑ ❑ ATTORNEY-IN-FACT COMM.EXT'.JULY 9,2005-* personal or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) person(s)acted,executed the instrument. ❑ p GUARDIAN/CONSERVATOR WITNESS my hand and official seal, ❑ ❑ OTHER: SIGNER IS REPRESENTING. SIG TUBE OF NOTARY I (NAME OF PERSONS)OR ENTITY(IES)) ❑❑ 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 s +-r�'' j�4i" tee•. "` 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 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 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 ( Any Vice-President GROUT'2. aThe 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 a resolution of the Board of Directors authorizing the erson si g the instrument to execute instruments of the type in question is required. A currently valid arize power of attorney,not,, will since. 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."