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HomeMy WebLinkAboutMINUTES - 06262001 - C.15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 26, 2001 by the following vote: AYES: Supervisors Gioia, DeS.aulnier , Glover, Gerber and Uilkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approval of the Fourth Extension of the Subdivision Agreement for MS 11-91, Walnut Creek area. The Public Works Director having recommended that he be authorized to execute the fourth agreement extension which extends the Subdivision Agreement between Brennan O'Brien and Karla Leibowitz and the County for construction of certain improvements in MS 11-91, in the Walnut Creek area, through October 11, 2001; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: -0- ANTICIPATED DATE OF COMPLETION: August 25, 2001 ♦ REASON FOR EXTENSION: Use existing road until house is built, then install the new road to insure it won't be damaged during construction. 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 c:',.C,rpData\Engsvc\BO\2001\BO6-26-01.doc and entered on the minutes of the Board of Supervisors on the date JC:Iap shown. Originator: Public Works([S) June 2 6 2001 Contact: Rich Lierly(313-2348) ATTESTED: , cc: Public Works-R.Brwto,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Conunwiity Development Administrator T—8-II-01 Brennan O'Brien and Karla Leibowitz 321 Montecillo Drive Walnut Creek,CA 94595 Indcnwity Corq)any of California By , Deputy 17780 Fitch,Ste.200 Irvine,CA 92914 SUBDIVISION AGREEMENT EXTENSION Contra Costa County Development Number: MS I1-91 Developer: Brennan O'Brien and Karla Leibowitz Original Agreement Date: October 11, 1994 4th Extension New Termination Date: October 11, 2001 Improvement Security Security Tyne Securitv Amount Cash: $ 1,000.00 (1% cash, $1,000 Min.) Bond: $ 15,900.00 (Performance) $8,450.00 (Labor& Material) Bond No. (Date): 151405S (August 31, 1994) Surety: Indemnity Company of California The Developer and the bonding company 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: yllu h-d Dated: Al i 2 ov FOR CONTRA COSTA COUNTY Maurice M. Shiu Works Director Developer's Signature(s) By: 1?7 wa,. a a--1 Printed 137- 1 MoAjrE-CtLGO Dl2. *V.C. C4 RECOMMENDED OR APP R VAL: Address By- INdemnity Company of California Bering ervices Division) Surety or Financial Institution 31.00 3100 Oak Rnnd, Walnut Creek CA. 94596 Address (NOTE: Developer's, Surety's and Financial Institution's Attorney in Facts Signature _ 1 Signatures must be Notarized.) Jocelyn Y. Qurit After Approval Return to Clerk of the Board Printed r11P.11.rw.ern:•.n 17—J a.aw.,..c...,a..,. 1• . POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA 110 13OX 197225.IRVINE',CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,bill noljointly.hereby make.constitute and appoint: ***FRANK R. OLSSON, GORDON J. FISCHER, JOCELYN Y. QUIRT, JOINTLY OR SEVERALLY*** as the true and km ful Attornev(s)-in-Pact.to make,execute,deliver and acknowledg.c,for and on behalf ol'said corporations as sureties,bonds.undertakings and contracts of suretyship giving and granting unto said Attornev(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be clone in connection therewith as each ol,said corporations could do.but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attonicv(s)-in-Fact,pursuant to these presents,are hereby ratified and confirnmd. 'I his Power of AUornev is -ranted 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 Noycmber 1,2000: RESOLVED.that the Chairnian of the Board,the President and any Vice President ol'thc corporation be.and that each of them hereby is,authorized to execute Powers of Attorney.qualifying the attornev(s)named in the Powers of Attorney to execute,on behalf of the corporations.bonds,undertakings and contracts ol'surctvship:and that the Secretary or any;Assistant Secretarti of the corporations be.and each of them hereby is.authorized to attest the execution of anv such Power o1'Attorney: RLSOI_VED. FURTHER.that the signature:;of such officers may be at'lixed to any such Power of Auomcy or to any certificate relating thereto by facsimile,and any such Power of'Atlorney or certificate bearing Such faCSi1l1iIC signatures shall be valid and binding upon the corporation when so affixed and in the tinure with respect to any bond, undertaking or contract ol'surctvship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDF'MNITY COMPANY 01; CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Sr'day of November.20110. —� Bv: H �P��V AND j. �GOM David .Rhodes,Executive Vice President ( ;c�J•G�aPOggT�•.y2,,- GD(� Ry c,y, I W SEAL ':<'_ w 0 1967 fav: p 1936 Z Walter A.Crowell, Secretary vy •. /O`NP ;baa C9CIFOP \� ST.AI'F 01:CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November K,2000,before me.Diane J.Kawata,personally appeared David H.Rhodes and%Vatter A.Crowell,personally known to me(or proved to me on the basis of satislactory evidence) to be the persons whose names are subscribed to the within instrument and acknowled•sed to nic that they executed the same in their malloriMl capacities,and that by their signatures on the instrument the entity upon behalfof'which the persons acted.executed the instrument. WITNESS ntv hand and oilicial seal. DIANE J.KAWATA COMM.#11679M .� - NOTARY PUBUC-CALIFORNIA C Signature-- _ — �J — OPANMyCCanimmGExEpC.0u8 0 CERTIFICATE The undersigned. as Chief'Operating Officer of DLVELOPFRS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY 01' CALIFORNIA. docs hereby certi1v that the foregoing Power of Attornev remains in full Iorcc and has not been revoked.and furthermore.that the provisions of the resolutions of the respective Boards of Directors of Said corporations set I'orth in the Power ol'Attorncy.are in force aS of the date of this Certificate. This Certificate is executed in the Citv MAP,ine.California,the nth.day Of—May— _20.0.1 • , tea. /r� 13v David G.Lane,Chief Operating 01f icer — [D-]3 80(I l.'00) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of CONTRA COSTA On MAYq9 200i before me, M.A.Atwater,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Jocelyn Y. Quirt NAME(S)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 acknowledged to me that he/she/they 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. Commisslon#12869M Notary Publlc-Contomia Contra Costa County J MVCammB#esDec1Q,4ID4 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) . INDEMNITY COMPANY OF CALIFORNIA SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7164-Canoga Park CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of CONTRA COSTA On May 212001 before me, M. A. Atwater,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Brennan O'Brien , NAME(S)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 acknowledged to me that he/she/they 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. AL A.A?wATM WITNESS my hand and official seal. Liewcome"NOWIMMMMSIGNATURE 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: May 212001 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184