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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-310 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 24, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT NONE ABSTAIN: NONE 3I SUBJECT Approving the Second Extension of the Subdivision Agreement for Subdivision 91- 07647,Walnut Creek 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 Ashley V Partners and the County for construction of certain improvements in Subdivision 91-07647,in the Walnut Creek area, through May 26, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100 t ANTICIPATED DATE OF COMPLETION: `Warranty Period-May 2006 t REASON FOR EXTENSION: Existing Agreement will expire prior to the end of the one- year warranty period. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action.taken JD:mi and entered on the minutes of the Board of Supervisors on the date G'.tGrpData\EngSveZO\2005\05-24\SD 91-07647 80-1 i.doc shown. Originator: Public Works(ES) Contact•. S.Gospodchikov(313-2316) ATTESTED: MAY 24-j" 045 W Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning.Community Development Administrator T—'December 19,2005 Ashley V Partners 2703 Ridgeview Lane Walnut Creek,CA 94598 Atm:Robert Pickett B}' ,Deputy Arch Insurance Con zany 2377 Gold Meadow Way Gold River,CA 95670 Atte:Sharon J.Rusconi RESOLUTION NO.2065/ 310 Contra Gaeta Count SUBI)WISION AGREEMENT EXTENSION Development Number; SD 91-07647 Developer; Ashley'V Partners t ifgbai Agreement Date. Septaaaber 33,2003 First;Extendon New Termination Date September 23,2005 improvement Secu ri eacgrit�Te Sectiir�`t�,' aunt Cash; $31709.01)(PA'cash,$1,000 Ift.) Road;- S 376,02.00(Performance) S 185,400.00(Labor&'Menial) Bond No. (Plate): SUS002672 (August 2b,2003) Surety: Arzh Insurance Company The Developer and ft Sumty desire this ABreement'to be extended through the above date;and Contra Costa County and said Stuety(or Financta]Src i teidoii)hereby agree thereto and acknawltdje same. r' Hated: Dated- ,G, ;��`' Develapet's Sigaatui+e(s FOR CONTRA C6STA COUNTY* Maurice M.,5ksu> blic works T7ir ct Pisnted•: "fft n By: -^ Developees Sipature('s) REW M-hfP.N0W FOR APPROVAL: ?ri=d Syl Address (Ensinearint .s Divit;iou) Arch lnsurance-� any •Sor Firmcisi tit r on rLLorkibert Pl zzaa ,553rd FlooNewr Adcires -•�,,� (NQM:.t evs(operrs, $areyls and Ffmandat 1xnWu4#n's � S'xgnat'mm mass bo N4tartw4) --. rney' ,stature Afw APOw xt 94MM to Ciatk of H is Baud Sharon J. Rusconi Ptitted Contra Costa County SUBDIVISION AGREEMENT EXTENSION Development Number. SD 91-07647 Developer: Ashley V Partners Original Agreement Date: September 23,2003 First Extension New Termination Date September 23,2005 Improvement Security Security Type Security Amount Cash: $3,708:00(1% cash,$1,000 Min.) Bond $375,092.00(Performance) $185,400.00':(Labor&Material) Bond No. (Date); SU5002672 (August 26,2003) Surety: Arch insurance Company The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and , said Surety(or FinancialInstitution)hereby agree thereto and acknowledge same. Dated: . e p J'r Dated: Developer's Signature(s) FOR CONTRA COSTA COUNTY 'Zd t c keel-' Maurice M. Shiu,Public Works Director Printedt , By: Developer's Signature(s) RECOMMENDED FOR APPROVAL: Printed (Engineerin ces Division) Address Surety or Financial Institution Address (NOTE: Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Attorney in Facts Signature After Approval Return to Clerk of the Board FORA"APPROVED: Victor J. Warman,`County Counsel Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of 1 # i OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNET{ o, ri 17. -?before me, C 11 G ?"fft ti �1 fi I i l� piC; Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER B.G.,'JANE DOE,NOTARY PUBLIC" - in the data below,.doing so may prove invaluable to persons relying on the document. personally appeared" R 't NAME(S)OFSIGNER(s) ❑ Q INDIVIDUAL - provided to me on the basis of satisfactory eviclence to ❑ CI CORPORATE OFFICERS) be the person( whose namet sY ilOe subscribed TJTLE(S) to the w' In instrument and acknowledged to wwgjg�ie y executed the same in ❑ PARTNERS) ❑ © LIMITED ���� �' �� ���� orized capacity(les),and that by J GENEI2AL COMM.'1300433 ature on the instrument the ❑ p ATTORNEY-TN-D _NO'ARY PUBLIC-CALIMNlA entity upon behalf of which the ❑ C! ATTOR E(S) UT CONTRA COSTACnI,NTY �. ......acted,executed the instrument, ❑ 13 GUARDIAN/CONSERVATOR My Comm,Expires May 7.2006 W ESS my hanWand c' 1 sea ❑ 0 OTHER, }!/ SIGNER IS REPRESENTING: SIGNATURE OFNOTARY i NAME OF PERSON(S)OR ENTITY(IES)) oC] acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTIONr� boa Ct C,U ra THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document YA�ir TO THE DOCUMENT AT RIGHT. Number of Pages iv Though the adjacent data is not required by law,it may prove valuable Date of Document -y- 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 trust 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. SI I�ifi ATURES 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 trust 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 DAn Assistant Secretary 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 of a resolution of the Board of Directors authorizing thepperson signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized.,wi11 suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: corporation g executed the wi "...and acknowledged to me that such c0 in instrument pursuant to its by-laws or a resolution of its Board of Directors." CALIFORNIA ALL4UR CASE.A,C TOWLEDGENW-T r state of C a 1 i f o rn i s OPTIONAL SECTION Comm of Sacramento CArPACM CLAIMI)BY srtna ©„ 4/115/05 ,befasme, Erin, Russell « Notary Public Though not require the L4�.cytoru Tea NAM,YtfU'—ff O—FRak XQ.,IMM DOX,x hittUAB in the dot IbWw#,Sim to MW Prove 1nvs1ueb1e Dat�onsli�'aPPst> Sharon J. R u s c o n ito parsons"Was on the domount. 0 C1 fniDt+WUAL t� Pte' +vs+to the•e>St.0 L7 ptgvtded to ede:on they bausis ofattsttecwrytvldast�to 0 0 CON,P0 ATN 0 CRR(S) be the p$Mm(s),rrhm n MOO)Win 4Ubren`bW - t' �-- torhowitltlniarh'umt *WAaatrnowkdjadis *` ERIN RUSSELLmtis at wAdthelMOin a a pARTt(S) a C3 t.IMMD COMM#1440M .6 bice WA%air authmind sspacity(iss),add that by p C]0ENERAL NOTARYPU831C-CAUFORNIhC) hwher%*ai"A"o)anthe incmmmtON � �A'R0R?a Y.W.FA'CT SACRAMENTO COUNTY 0 't n(m)Orthaentity%=bsha?faf"14hthe a 13 TRUSTER(s) COMM.EXP.SEPT.18.2007- E +nEs)Rawl,eamwtheinstroma t. 10 M GUARDtWCONSERVAM01. t SItiN'>t+R IS R�R'RIJG � 1ttRNt zJ►1R,Y tx+s�it0!'I�tb40ti(dlotttttiTrfYitasl} 00 adidtnwtedgsd to me that smhurrpwatim exactmd the with a rrtavvtt of pwmnt to its bp4;aws Arch' I n S U r a n C e C amp'a n y , or a ria mution of i.:u r17 orviffto s." OPTIONAL SRL"'ftON TM CER'Y OWATS W*T EM ATI ACM "Citic or Typs*fDocument TO TM DOCUMENT AT 1WH7. Number of Pages Thatso die sd omw dots'In not mqutrcd try law,it may prove vafunble DO#of Document to pet;sdese rstyittg oa tht daausetsnt an"d could p vmt itauduterert Sipm((s)'Other 7UA Namfsd Above re-attachmW4 of this form u 9 TO Q NOTARY The trollovAAs Id'attxrmaEittrrt is provided in stirs ftTon to a pedit p vcass*of the doeatoms. SiguaWes reW14 ti ou dmmmits:m=t congAy with the fallowtteg to tae;acceptable to Contra Costa County. I. FOR AU Ttra M ms and iu t of the signer should bt;typed or priztrd 8B?FF, the ei patwre" Inau meat be si e c res is Is typed or'gi ted." U. fiLM&UM ��>U S-The=me xeust be•sipad enotty as itis utedt or typed. The sipets iatereat a the propeM attest a Staten. . Authority � � : ew _Sieg path''must be either a several partner or be suthoAze d zn writing to have th4 art stray to stgtt or ora tan partmenbip. Do=�l�F �'� mb slA^ntld c s; )vivo ox errs,cue frtmti Wh of the following two groups! GROW? I. a IU Clza{r of 61 Board ThePrastidmt c Airy Viae Pressdeitt GROUP Z. et Tine 3oc taty An Assistant Socreaty C The Chief rim acial 01ncer Tb*Amistant Tteastxrtt If ftMahnI of 0&etrs&M ettclt of th a above two stem s do notappemr on the i3a�+tnztnaru,a corUmd copy of rosoluti axe ofthe Board of Director's audtori�tVl+IhoVn ai 12316'tht:iastretrrde nt to exacutc tint menta of dw typo in question is x equimd.,A=rently valid power tQTcy of a 'noudZ D suttitfficc. I+Iotati=tiaa of only ooac cotpttsate signature or signetttm fmmone group, st cont da tine following phsas " atnd ack nowiedgod to me that such oo poration exe rated the 'bratxumemt pu art to ita'try-laws or a molutbon of its Board of Directe3Fst."' POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Sandy Black and Sharon J. Rusconi of Sacramento, CA(EACH) its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and,deliver from the date of issuance of this power for and on its behalf as surety, and as Its act and dead: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bondsor undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at anytime. The execution of such bonds and undertakings in pursuance of these presents shall;be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had i ien duty executed and acknowledged by its regularly elected officers at Its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED,That the Chairman of the Board, the President,or any Vice President,or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Dower of Attorney is signed, sealed:and certified by facsimile under and by authority of the following resolution adopted by the unanimou4 consent of the Board of Directors of the Company.on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution'adopted by the Board of Directors on March 3, 2003, and any such power so'executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO13,00 03 Ela Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixeG authorized officers, this 24th clay of July , 20 03 Arch Insurance Company Attested and Certified cg once e a CORPO"Te SEU �ista�rf Joseph S.L i,Corporate secretary Thomas P. Luckstone, Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labeil personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and.existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seat and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth, 0FfK3AL SM MBJSSA B.t X1JGAN,Nfty Pic tsolCwrwmut Mailssa S.-Gill Fjoan Notary Public CumnnissionEvWa Februay 28,2005My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 24.2003 on behalf of the,person{s}as listed above is a true and correct copy and that the same has been in full force and affect since the date thereof and Is in full force and effect on the date of this certificate; and I do further'certify'that the said Thomas P.Luckstone,who executed the Power of Attorney,as Vice'President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY IngREOF, I have herento subscribed my nr a and affixed the corporate seal of the Arch Insurance Company on this day of August ,20 Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. y.. rnRfUId,TE �. se•G �issenst Home Office:Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in-U.S.A.