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RESOLUTIONS - 01012005 - 2005-423
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 12,2005 by the following vote: AYES: SUPERVISORS GIOIA PIEPHO, DESAUINIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN NONE RE54LTJ MN NOS 2I1�51� SUBJECT: Approving the Second Extension of the Subdivision Agreement for Minor Subdivision 99-00006,Walnut Creek area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Ziegler Family;Trust and the County for construction of certain improvements in Minor Subdivision 99-00006,in the Walnut Creek area, through June 3, 2006; s APPROXIMATE PERCENTAGE OF WORK COMPLETE 0°l0 ♦ ANTICIPATED''DATE OF COMPLETION: August 30, 2005 ♦ REASON FOR'EXTENSION: Bad weather and inability to do work during,the winter - months. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. JD:nn c:\GrpData\EngsvclBO\2005\07-I2vus99-00006 BO-11.doc' I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(Es) and entered on the minutes of the Board of Supervisors on the date Contact: S.Gospodchikov(313-2316) shown. cc: Public Works-T.Bell,Construction Current Planning,Comtnttnity Development ATTESTED: .JULY 12, 2005 T-April 21,2065 Ziegler Family Trust JOHN SWEETEN, Clerk of the Board of Supervisors and County 270 Monticello Drive Administrator Creek,CA 94596 Financial Pacific insurance Company 3850 Atherton Road Rocklin,CA 95765 Ann;Kevin P.Easterly By Deputy Tice Valley Partners,LLC °T 30 Camille Place Alamo,CA 94507 Attn:Stephen Pinto RESOLUTION NO.2,005/ 423 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number; Minor Subdivision 99-00006 Developer. " Ziegler Family Trust Original Agreement Irate: June 3,200 Second Extension New Termination Date: June 3,2006 Improvement Security Surety: Financial Pacific Insurance Company Bond No.(Date): S701373 (May 13,2003) Security:jUe Security Amount Cash: $39078.00 (1% cash,$1,000 Min.) Bond: $304,722.00(Performance) $ 153,900.40 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date,and Contra Costa County and said Surety he eb by agree thereto and acknowledge same. '-i/I Dated: 23 Dated: of FOR CaNfi12A COSTA COUkD :c:t Developer's Sign tore(s) Maurice M. Shiu,Public WorkBy: t . Print Developer's Signature(s) RECOMMENDED FOR APPROVAL: By. ( /roo- "" Printed (Engineering Services Division) f Address. Financial;; Pacific Insurance Company (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 3850 Atherton" Road Rocklin, CA FOAM APPROVED!Vicwrt Wecmmn,C—ty C-1 Address AfterApnroval Return to Clerk of the Board ---X4,411 Attomey in Facts Signature Kevin P. Easterly Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of r t 1 '—I' 1 OPTIONAL SECTION County of c CAPACITYCLAIMED BY SIGNER' On'�:)12_2�,/CZG,before me, > Though statute does not require the Notary to fill in DATE NAME,TITLE OFOFFICER SG.,-JANE DOE,NOTARY PUBLIC' the data below,doing so may prove invaluable to persons relying on the document. personally appeared NAME(s)OF SIGNER(s) 0 'INDIVIDUAL 0 personally lmown to me-OR proved to me on the basis of satisfactory evidence to 0 'CORPORATE OFFICERS) be the person(s)whose name(s)is/are TITLE(s) subscribed to the within instrument and acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED the same in his/her/their authorized 0 GENERAL capacity(ies),and that by his/her/their 0 ATTORNEY-IN-FACT AAEtI€hiA�.iENGUPTA signature(s)on the instrument the person{s}or 0 TRUSTEES) Gnrnmisaiorr# 1347+151 � the entity upon behalf of which the person(s) Q GUARDIAN/CONSERVATOR ATOR acted,executed the instrument. r Notary Public-California 0 OTHER: contra(""Ata CouW ESS my hand and offi ' eal, P vCrnt s Fx?iresh�at 4SIGN ':,2 JW6 ER IS REPRESENTING: y {NAME OF PERSON(S)OR ENTITY(IES)} 2nFe R SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below 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 fallowing 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 o kers,one from each of the following two groups: GROUP 1. �aa�The Chair of',the Board The President Any Vice-President GROUP 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 person signing 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." JC:",w 11PWS0\SHA"AT\GrpDacalFjgSvc%FomisIWORDFORMSIALLPURPOSENOTARY.doc Rev,Aggust T,2601-' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Calif orn i s OPTIONAL SECTION County of Contra Costa CAPACITY CLAIMED BYSIGNER ' OnAll before me, Mark H. Hadox r Notary Public Though statute dares not require the Notary to 1111 DA r - NAME,TITLE OFOFFICER E.G.,,JANE DOE,NOTARY PUBLIC" 1n the data below,doing so may prove invaluable personally appeared Kevin P. Easterly to persons relying on the document. NAME(S)OF SIGNER(S) ] 0 INDIVIDUAL 04 personally known to me-UR-0 0;providedto me on the basis of satisfactory evidence to d © CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed TITLE(S) �tr} to the within instrument and acknowledged to me that helshelthey executed the same in 0 p PARTNER(S)lER(S) CJ D LIMITED t54 his/her/their authorized capaeity(ies),and that by D GENERAL Cf�- his/her/their signature(s)on the instrument the _ ykP CkATTORNEY-IN-FACT rson(s)or the entity upon behalf of which the TRUSTEE S) 27.1, son(s)acted,executed the instrument, p p GUARDIAN/CONSERVATOR � WITNESS my handand official 1, 0 CI OTHER: SIGNER IS REP'RESEN'TING. SIGNA'FURE OFNor (NAME OF PERSON(S)OR ENTTTY(IES)) 013 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 Subdivision A reE'I ent TO THE DOCUMENT AT RIGHT. Number of Pages Chia✓? Though the adjacent data is not required by law,it may prove valuable Date of Document JUne 3 r 2005 to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form David & Susan Ziegler INSTRUCTIONS TO NC3TARY 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 SIGNA'T'URES 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 roust 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: GRO UP 1. a)The Chair of the Board (b) The President (c)Any Vice-President GROUP 2. (a)The Secretary b)An Assistant Secretary e)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%wng 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 Dire utors.9P Ll MIT _11 POWER OF ATTuRNEY Financial Pacific Insurance Company BOND NUM13ER -S 701373 Powm 1+7c mBm 701373 PPJNCIPAL. ZIEGLER.FAINTLY TRUST Trvwxs 4,12�.04 KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company,a California corporation(the"Cortipatiy' does hereby make,constitute and;appoint: Kevin P.Easterly its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of y urety,to execute,deliuerand affix the seal of the Company thereto if a seal is required on bonds,undertakings,reeogniz h, t ` 'ligations in the nature thereof as follows: Bid,Performance,Payment, Subdivisions is to S1,OCI01000.00 ^pig and to bind the Company thereby. This Power of Attor ' � �, er and by the authority of the following resolutions adopted by the Board of Directors of Finan duly held July 6, 1995,which are now in full force and effect; RESOLVE t or an y Assistant Secretary,may a point attorneys-in-fact or a as de a ap` i n ear h case,for and on behalf of theCompany,s; dai to ex n a s,recQgnizan etyship obligations of all t kinds;and said officers ma '7 f tarmey pre ted such person. RESoL RTHER that t 1 bli' at" h be g 3ding upon the Company-when si and sealtd cif a s _ n ` �i i the' turf Ine authority evidenced by the power of atto Issued z tp RESOLVED FtfFt � . 1 ` ature of any au �y facsimile to any power of attorney or certification ate foo orizing the executici other suretyship obligations of the Compan such sign ;vre and seal whe o use ly affixed. IN cial ;<ific Insurance otnpany has caused these prase tgned by it per officers,and its corporate se 2tJ02.. Robert T.Kingsley,Presiders,J R.Holli shga ; ecr tart' 1 n �✓1.IJ/! 1111 ��`��,�4ti S 1F AIBI `4l SAC Cin =is 5 ° f o tem , y be re Roby gsly d ahn nngshead,to me known to be the Wu ffi f clef ac ho ctitad th „its t;an y acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of,the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. �- -ANN SCHREMP Comm.#129$0189 WOW PtoUC-MFor'wu► �, gyp, Ann Schre p,Notary Public CERTIFICATE 1 the undersigned Secretary of Financial Pacific Insurance Con'► an , a California corporation, DO HEREBY CERTIFY" that this Power of Attorney remains in full force and effect and has not been revokedpandYfurthermore,that the resolutions of the Board o Directors set forth, and:,that the relevant provisions of the Tay-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento,this 13th day of M4Y —20 ° John . ollingshead,Secretary f ! Financial Pacific Insurance Company seal must be mixed