The URL can be used to link to this page

Home My WebLink AboutMINUTES - 03112003 - C1 _..... . ........_ ......... ......... .._...... ......... ......._. .__. ....... ......... ............ _...__..... ......_... ............... ............. ............. ....._... ......... ......... ......... ............................. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 11, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEEMA, GLOVER AND DESAUI.NIER NOES: NONE ABSENT: NONE ABSTAIN: DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 158 SUBJECT: Approve the Third Extension of the Subdivision Agreement for Subdivision 7418, Martinez area. (District II) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement between Deluke Company,Ltd.and the County for construction of certain improvements in Subdivision 7418, in the Martinez area, through September 21, 2003; ♦ APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: September 2003 ♦ REASON FOR EXTENSION: Downturn of economy IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. PE:cw I hereby certify that this is a true and correct copy of an action taken and G:\GrpData\EngSvc\BO\2003\3-11-03\Sub 7418 B(7-1l.doc entered on the minutes of the Board of Supervisors on the date shown. Originator: Public Works(ES) MARCH 11 2003 Contact: Rich Lierly(313-2348) ATTESTED: 7 cc: Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—7-21-03 Deluke Company,Ltd. Union Plaza,Suite 101 535 Arastradero Road By Deputy Palo Alto,CA 94306 American Contractors Indemnity 9841 Airport Blvd.,9'i Floor Los Angeles,CA 90045 American Contractors Indemnity Keith Sandrock 5776 Stoneridge Mall Road,Suite 120 Pleasanton,CA 94588 RESOLUTION NO.20031 158 P. 05 CONTRA COSTA COUNTY REQUEST FOR SUBDIVISION AGREEMENT EXTENSION Dcvelopment Number: Subdivision 7418 Developer: Deluke Company, Ltd Original Agreement Date: September 21, 1999 3rdExtension New Termination Date: September 21,2003 Improvement Security SURETY: American Contractors Indemnity Company Bond No. (Date): 9018335(August 20, 1995) Security Type Securltv Amount Cash: S 3,500.00(1% casli,$1,000 Alvin,) Bond- $344,800.00(Performance) 5174,150.00 (Labor& Material) The Developer and the Surety desire `hts AgreCrnellT to be extended through the above date;and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and acknowledge sarile. Datcd: ated: February 13 2003 FOR CONTRA COSTA COUNTYJ NfauriceM, .,Shiu, Public W ct Developer' i I wre(s) By: i-,p AN - e . Printe 47a4�11 R EC 0 N1 M ENT R FROVAL: Address M-;GV�3 American Contractors Indemnity—c—OUN—any ng Services,Division) SureLy or Financial instimion 9841 Airport Y Bou. 4�d, 9th Floor Los Angeles,, CA 9! 9 Address (X02'E: Devetopers, Surety's and Financial .,--- J, 1 — — Institution's Signaturey istust be Notarized.) Attorney in Facts Signature f+,"9 Arobr.%Irr Keith Sandrock, Jr. Printed A&r.4M,,Pv I v,,,to I A&�rh and CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT �/^+` State of L..�A t.. I"Jo /,/i.It OPTIONAL SECTION County of S r t,A CAPACITY CLAIMED BY SIGNER On ,2" i -lam'J ,before me, I� �% ' o �'> Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doingso may prove invaluable to personally appeared G e c ie g-e, CJ jor I f' I- O N A b A 1 persons relying on the document. NAME(S)of SIGNER(S) ❑ O�DIVIDUAL personally known to me-OR-❑C7 provided to me on the basis of satisfactory evidence to X CORPORATE OFFICERS) be the person(p whose narrielq are ubscribed TITLE(S) to the within Ins ent and acknow edged to RUtd 1K 9E me that they xecuted the rs Ie in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED CtXYK�I#I histker et rued apaci fe and that by ❑ ❑ GENERAL his/her/t etr signature s on the Instrument the ❑ ATTORNEY-IN-FACT N&W i'iJttE�C perso s or the entity upon behalf of which the ❑; ❑ TRUSTEE(S) X ttt L:IO=COUrftY person s acted,executed the instrument. Er ❑ GUARDIAN/CONSERVATOR MyCornmborajun17,4f1 ❑ ❑ OTHER: WITNESS my hand�rld offic' i 1, k4-11 }W1 C SIGNER IS REPRESENTING: SIGNATURE OF NOTARY i NAME OF PERSON(S)OR ENTITY(IES)1 ❑ 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 1 Q"L e, f c+k SIt �� e.b TO THE DOCUMENT AT RIGHT. Number of Pages A k ee meA 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. 1. 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. 1I. 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 PAR'T'NERSHIPS -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 The President c)Any Vice-President GROUP 2. la�The Secretary bAn 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 ofthe 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." American Contractors Indemnity Company 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 05-2739 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Keith Sandrock,Jr.or Aimme M.Schlosser of Pleasanton,CA Its true and lawful Attorneys)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed$ ***2,500,000.00 Dollars*** . This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Hice President, Executive kite President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove,at any time,any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signaturesor facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the I st day of September,2000. `a<.-, CT0P_r � AMERICAN CONTRACTORS INDEMNITY COMPANY - IWOV MATED A SEn 26,IM .� d By. Andy T.Faust,Jr.,Corporate President STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 1 st day of September,2000 before me,Norma J.Virgilio,a notary public,personally appeared Andy T.Faust,Jr.,Corporate President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office, NORMA J,NARGILIO WITNESS my hand and official seal Commiasionf 1322310 z Notary Pubik-Caloomis y Los Anpaias County Norma J.Virgilio,Notar *Ca vm P j* s T, I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 13th day of February 200 3 Bond No. 9018335 Agency No. #9405 �JAMMH.aFERGUSONvcorporate Secretary rev.POA04/20/01 P. 06 4 CALIFORINJA. ALL-PURPOSE E ACKNOWLEDGEMENT Stone or California M^ OI'TIONAt.SECTION co:tnty o?` Alameda_o CAPAC(TY CLAIMED BY SIGNER Cti l3 .i tune m,-, Aimme M. Schlosser. Notary Public Though stttute dorR not require the Notary to fill o,+'rt? NAMP,TITLE Of oFVIFFR E rr,.,- JF x�t, ua nx7 r�!ei,ic^ In the data below,doit,i;so niay prove tttvulunble to �:rss::atly a3ipcarcd___....�.�.��-:Stn �otmhe., _,I�'. gcrsons retytttg q,i the tfaettn�ent. N.��tztsl Iia stC*Ee,st 0 INDWIDUAt. Z personaity known to me-Oil- i d tw CI CORPORATl'Orl IC"ER(S) he the peMnn(,g,vhose nanic(*i5lamubSCtibed TITT.t?ts; to$e within instrsutle»;and ackno%,l¢dded to .�..�r me �A that ,t*'ncxccutesame n I_1 PAt;7'IJ[tZ(S) C7 C..tP tl`i t? AIMM M.SCHLOSSER Wibcr,'Aw authorized cap,cit�ik,and that by CI GL'4t 1tAi COMM.#1314I03 hi3 signature pat die nstruTf. (he NOTARY PUSLiC-CALIFORNIA ►� pery-,nig or the entity utrrni behalf of rich the 0 r11 USTI 15 Y-11v•C t,C'C ALAMEDA;nnlINTY GI TItUST1 ..tS1 per,nn�acted,nxccuted the inatta mcnt. COMM.EXP.AUG.11,20030 0 GUARDtAN'C ONSERVA`OR WlTNt<SS my hand and official ma?, L U2'1IC I2; SIGNER IS IZEPRESENTINC; 5tG r tTt,1i.OF NOTA v 1 NAME O5 PERSON(S)ORi?NTit'Vi:t,S7t American Contractors Cd acknu Iolgcd to me that such cnrporation e\ccutcd the+Adt)iin instrument pursuant to its t,y-laws or x resolution rrf illi Bard of Dior ctors ludemn y oWapy OPTIONAL SECTION &bffvWm Agreement THLS CI-,R I IFI A'i E%1tJS`I'BE ATTACHED Title or Type of Docuttient TU"1411 DOC.1)N1li'N'r Al'RIGHT' Nur itict of Pag,:� �-�Q� Though the aAjarcnt data is not rcquire,i by law,it may provy valua Ne il,.tc of Doc t7itnt 02/13 2003 to pct'srr,5 t6yinb ori tiic dOClltTiert and could prc,'tnt fratidolent Si�nerfS)t�tier than Natiicd Abnve >1a731C rt�zitacbtricni ry£ihis ldlm IIvSTRUCTIC3NS T(J NOTAR The following informilion is provided in an effort to expedite processing of the documents. Signatures required on doccunments rnust comply with the follwving to be acceptable to Contra Costa County. I. 1:a ALL S?GN,�T U 12'F5 -The nar>te and interest of the signer should be typed or printed PkNE H the signature. The name mustbac sig'n exactly asst is typed or printed. 11. SI Na ,T ES 17012..TNQ1 IDUALS -The ndrne must be signed exactly as it is printed or typed. 'The signet's interest in the property must be stated. III, SIGNATURE-- '01 PARJINERI ,$HIPS - Signing party must be either a general partner or be autborizcd in writing to have the ority to sign for ant"btnd the partnership. 2V. STQNLtl S FORORATIONS I�ocurrtents shotald ac sibne by vo officers,one froln each of the follo\ving i"vo groups: GROUP I. (a)The Chair of the Board (b) The President (c)Any Vice-President GROUP 2. (a) The Secretary (b)An Assistant Secretary fc)The Chief Financial Officer (d)no .Assistant Treasurer lfsignatures ofofficers from each of the above two groups do not appear on the irstrument,a certified copy of at resolution ofthe Board of Directors authorizing the person signing the instnunent to execrate tnstnimenis of the type in question is required, A currently valid po,tver of attorney. notarized, will suitice. NOrari7,atiOn of only 011c c01-p0r3te siglzawre or signatures from only one group,must contain the following phrase: and acknowledged to me that such corporation executed the within instiTimcnr pursuant to its by-laws or a resolution,of its Board of Directors."