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HomeMy WebLinkAboutMINUTES - 02082005 - 2005 RES 73 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February S, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2005/ 7 SUBJECT: Approving the Third Extension of the Subdivision Agreement for Minor Subdivision 90-00053, 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 Steven St. Germain and the County for construction of certain improvements in Minor Subdivision 90-00053, in the Martinez area, through August 7, 2005; + APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90% ♦ ANTICIPATED DATE OF COMPLETION: August 2005 ♦ REASON FOR EXTENSION: Need to complete paving. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken JD:rm and entered on the minutes of the Board of Supervisors on the date G:1GrpDatalEngSvc\BO\2005102-081MS 90-00453 BO-1 Ldoc Shown. originator- Public Works(ES) F'MRUARY 08, LOO. Contact: Kevin Emigh(313-2233) ATTESTED: cc: Public Works-T.Bell,Construction JOIN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—June?,2005 Steven St,Germain 4016 Medford Court Martinez,CA 94553 American Contractors Indemnity Company By , Deputy 9941 Airport Blvd.,9h Floor Los Angeles,CA 90045 Atte:Keith Sandrack,Jr. RESOLUTION NO.2405/ 73 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR. DATE: February 8,2005 SUBJECT: Approving the Third Extension of the Subdivision Agreement for Minor Subdivision 90-00053, Martinez area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)Bc BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 73 for Minor Subdivision 90-00053, approving the Third,Extension of the Subdivision Agreement for project being developed by Steven St. Germain, Martinez area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the improvements and the Subdivision Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement guaranteeing completion of the improvements will not be renewed. r Continued on Attachment: SIGNATURE: lFi`'`' - COMMENDATION OF COUNTY ADMINISTRATOR - RECOMMENDATION OF BOARD COMMITTEE PROVE THER SIGNATURE(S).- ACTION IGNATURES :ACTION OF BO ON FEBRUARY 08, 2005 APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORNONE date Shown. Xx UNANIMOUS ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: FEBRUARY 08, 2005 JOHN SWEETEN, Clerk of the Board of JD:rm G:\GrpData\EngSvc\BO12005\02-08\MS 90-00053 BO-1 Ldoc Supervisors and County Administrator Originator: Public Warks(ES) Contact: Kevin Emigh(313-2233) cc: Public Works—T.Bell,Construction Current Planning,Community Development T—June 7,2005 By Deputy Steven SL Germain 4616 Medford Court Martinez,CA 94553 American Contractors Indemnity Company 9841 Airport Blvd.,91'Floor Los Angeles,CA 90045 A=:Kcifn Sandrock,Jr. CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Minor Subdivision 90-00053 Developer: Steven St. Germain j Original Agreement Date: August 7,2001 -AmAndExtension New Termination Date: August 7,2005 "t'bti r JD Improvement Security Surety: Americano C ntractors Indemnity Company # Bond No. (Date): 136978(July 20,2001) ! ! Security Tvpe Security Amount Gash: $ 1,000.00(1% cash,$1,000 Min.) Bond: $ 16,000.00(Performance) $8,500.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and.Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: Dated: January 14, 200,E FOR CONTRA COSTA COUNTYDeveloper's Signature s) Maurice M. Shiu,Public Works Director By. Printed Developer's Signature(s) RECOMMENDED POR.AP..?ROVAL: By n Printed (Enginee4l S rvices Division) Address American Contractors Indemnity Company (NOTE: .Developer's, ,Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 9841 Airport Boulevard, 9th Floor. FOAM APPROVED:Vkms i.We9Mun.County Cwssnaa! Los- Angeles, CA 04 -----w-----..�- Address A terA nroval Return,to Clerk ofthe Board Attorney in Facts Signator Keith Sanrodck, Jr. Printed Attorney-in-Fact American Contractors Indemnity Company 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 5084 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.,Aimme M. Schlosser or Hae Yong Min Its true and lawful Attomey(s)-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 S ***1,000,000.00 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 Vice President, Executive lice 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 signatures or 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 28th day of February, 2003. ����a►,CTOk���o AMERICAN CONTRACTORS INDEMNITY COMPANY INCIIRPORATEO sEn 26,IM - By; Robert F.Thomas,Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 28th day of February,2003 before me,Norma J. Virgilio,a notary public,personally appeared Robert F.Thomas,Chief Executive Officer 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. --1-_=ui/�1I�j Air FGr�— NCiTt#M Jr�fR\7��� WITNESS my hand and official seal Commission#i3z2310 z � _ Notary Public.California y Los Mpslm County Norma J.Virgilio,Not r}t" — Ml+ 27,2145 1, 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 14 day of .January 200 5 Bond No. 136978 Agency No. #9005 JAMES H. FERGUSON "orporate Secretary rev.POA04/20/01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Cal if o ni OPTIONAL SECTION County of Alameda CAPACITY CLAIMED BY SIGNER On 01/14/ before me; Aimme M. Schlosser Though statute does not require the Notary to tilt DATE NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC° In the data below,doing so may prove invaluable personally appeared Keith Sandroclt, Jr. to persons relying on the document. NAME(S)OF SIGNER(s) ❑ 13 INDIVIDUAL 05 personally known to me-OR- ce to ❑ ❑ CORPORATE OFFICER(S) be the persons whose name is/wo-subscribed TITI.E(S) to the within Instrument and acknowledged to me that he/oh64hoy executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED his1hwAl eir authorized capacity(),and that by ❑ ❑ GENERAL *` AIMME M.S�-�L2�SER.0his/herkhoir signature on the instrument the ❑)UMT£ORNEY-IN-FACT U COMM.# person(,§)or the entity upon behalf of which the ❑ 0 TRUSTEE(S) NOTARY PUBLIC-CALIFORNIA person(g)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR ALAMEDA COUNTY CS 0 ❑ OTHER: COMM.EXP.AUG. 11,2005-" WITNESS my hand and official seal, 4 , '�, .-IZ. - , o J SIGNER IS REPRESENTING: exag-SIGNATURE OF NOTARY {NAME OF PERSONS)OR ENTITY(IES)) American PERSONS) ❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws Indemnity Company or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. 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. 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, W. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROLT 1. {a)The Chair of the Board b The President c Any Vice-President GROUP 2. a)The Secretary 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." CALIFORNIA ALL-PU"OrSE ACKNOWLEDGEMENT State of � E k #-i {,s<.. OPTIONAL SECTION County of Anl� CAPACITY CLAIMED BY SIGNER On [` before me, t Though statute does not require the Notary to fill DATE VAE—nTLE OF OFFICER E.G.,"JANE DOE,NOTARY PUB11C In the data below,doing so may prove invaluable to -l , persons relying on the document. personally appeared ~ NAMNS)O IONBR(s) 0 "l,INDIVIDUAL G 0 provided to me on the basis of satisfactory evidence to ❑ D CORPORATE OFFICER(S) be the personoo whose name(*is/w*subscribed TITLE(S) to the within instrument and acknowledged to me that he/sha4hay executed the same in n 13 PARTNER(S) D Ci LIMITED WT- AIMMEOSSA" hs/�r authorized capacitY(isc),and thatb ©y ❑ GENERAL � 2 " his/lae rir signaturcl*)on the instrument the0 [ ATTORNEY-iN-FACT CC'MtA#1314101 person*or the entity upon behalf of which theOTARY PUBLIC-CALIFORNIA 0 C7 TRUSTEE(S) ALAMEDA COUN Y 0 peron(r�acted,executed the instrument. ❑ 13 GUARDIAN/CONSERVATOROMM.EXP.AUG,11,200S-4 0 13 OTHER: 7 VP No WITNESS my hand and official seal, ')^&, .f tr�lE hJt , ._ SIGNER IS REPRESENTING: SI NAT TARP (NAME OF PERSONS)OR FNTITY(IEs)1 013 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 TO TIME DOCUMENT AT RIGHT. 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 INDIVIDUAU-The name roust 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 officers,one from each of the following two groups: GROUP 1, �a�The Chair of the BoardbThe President c)Any Vice-President CROUP 2. (a)The Secretary (b)An Assistant Secretary {c)The Chief Financial Officer d)The Assistant Treasurer If signatures of officers from each ofthe above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person si g the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will su Ice. 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."