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HomeMy WebLinkAboutMINUTES - 04242001 - C.15 't THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 24, 2001 by the following vote: AYES: Supervisors Gioia , Gerber , Glover and Uilkema NOES: None ABSENT: Supervisor DeSaulnier ABSTAIN: None SUBJECT: Approval of the Fourth Extension of the Subdivision Agreement for Subdivision 7909, Byron area. The Public Works Director having recommended that he be authorized to execute the fourth agreement extension which extends the Subdivision Agreement between Centex Homes and the County for construction of certain improvements in Subdivision 7909, in the Byron area, through April 22, 2002: ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90% ♦ ANTICIPATED DATE OF COMPLETION: June 30, 2001 ♦ REASON FOR EXTENSION: Working on final punch list items. IT IS BY THE BOARD ORDERED 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 G:\GrpDaut\GtgSvc\130\2001\B0 4-24-01.doc and entered on the minutes of the Board of Supervisors on the date JC:lap shown. Originator: Public Works(ES) Contact: 'feri Ric(313-2363) cc: Public Noris-R.Bruno,Construction ATTESTED: April 24, 2 001 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County T—2-22-U2 Centex Phones Administrator 1855 Gateway BIN-d.,Ste 650 Concord,CA 94520 Safeco Insurance Company of America Saleco Plaza Seattle,WA 98185 By , Deputy i SUBDIVISION AGREEMENT EXTENSION Contra Costa County Development Number: Subdivision 7909 Developer: Centex homes Original Agreement Date: April 22,1997 4th Extension New Termination Date: April 22,2002 Improvement Security Security Type Securitv Amount Cash: $4,900.00 (1% cash, $1,000 Min.) Bond: $480,900.00 (Performance) $242,900.00 (Labor& Material) Bond No. (Date): 5900964 (March 31, 1997) Surety: Safeco Insurance Company of America The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. Dated: XJlz// 2"t/ 7"0,0D ed: March 12, 2001 FOR CONTRA COSTA COUNTY Maurice M. Shin,Public Works Dir to Dloper's Signat e(s Dennis Gerber By: Director of Land Development r Printed 1855 Gateway Blvd. , Suite 650 Concord, CA 94520 RECOMMENDED FO PR L: Address By: SAFECO INSURANCE COMPANY OF AMERICA (Engineering ices ivision) Surety or Financial Institution SAFECO PLAZA, SEATT E, WA 98185 Addr .. s (NOTE: Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Attorney in Fact Signature FORM APPROVED:Victor J.w<stn—County Counsel ALLYSON DEAN Printed Alter Approval Return to Clerk o(tke Board :r ra CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAL SECTION County of Contra Costa CAPACITY CLAIMED BY SIGNER On 3/12/01 betIore me, M. Sue Patterson, Notary Public Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable personally appeared Dennis Gerber , Director of Land Development to persons relying on the document. NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL O personally known tome-OR- ❑ provided tome on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and M. SUE PATTERSON acknowledged to me that he/she/they executed ❑ ❑ PARTNERS ❑ ❑ LIMITED Q��r the same in his/her/their authorized ( ) ❑ ❑ GENERAL V COMM.#11192573 capacity(ies),and that by his/her/their Q .� ; NOTARY PUBLIC-CALIFORNIA signature(s)on the instrument the person(s)or ❑ ❑ ATTORNEY-IN-FACT CONTRA COSTA COUNTY n the entity upon behalf of which the person(s) ❑ ❑ TRUSTEE(S) COMM.EXP.AUG.81 2002 acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR ❑ ❑ OTHER: iTNES. y hand an f ial se 1, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) !FGNATURE 0^1 OTAR'Y O 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 TO THE DOCUMENT AT RIGI IT. 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. I11. 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 bThe President c�Any Vice-President GROUP 2. a The 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: of ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." ��oy ACKNOWLEDGEMENT BY SURETY STATE OF TEXAS County of Dallas Before me, Carmen Mims, a notary public, on this day personally appeared Allyson Dean, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 15'h day of March, 2001. My commission expires 10-28-04 Notary Seal a-otublic / CARMEN MIMS �{ Notary P011%SW of Tome \ ' My Comm. Cres 1W28M4 �p... C POWER SAFECO INSURANCE COMPANY OF AMERICA F S A .f E C ' 0— GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 7386 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint """"""LAWRENCE W.WALDIE;CARMEN MIMS;BRIANIM.LEBOW;DEBORAH GRIFFITH;ALLYSON DEAN;DOROTHY VALEK;DallaS,'1'c.�as************* its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 23rd day of February 2000 o GTS' k� &4&6&9� R.A.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal, or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of--attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, R.A.Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this / S ^ day ofd( f COMpq�o CORPORME SEAL Z SEAL T a�rE 1953 0+ Lp 192s Of NASM ' �n(WaS�` RA.PIERSON,SECRETARY S-0974/SAEF 7/98 ®Registered trademark of SAFECO Corporation. 2/23/00 PDF