HomeMy WebLinkAboutMINUTES - 02082005 - C10 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 111) -- --
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&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 H)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has not completed the improvements and the Subdivision Agreement has expired.
CONS UENCES OF NEGATIVE ACTION:
The Subdivision Agreement guaranteeing completion of the improvements will not be renewed.
Continued on Attachment: SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
---.'.APPROVE THER
SIGNATURE(S):
ACTION OFBO ON FEBRUARY 08.,. 2005 APPROVED AS RECOMMENDEDIX 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 SUPERVISORS date shown.
XX UNANIMOUS(ABSENT NONE
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: FEBRUARY 08 9 2005
JOHN SWEETEN, Clerk of the Board of
JD:nn
G:kGrpData\EngSvc1BO\2005\02-081MS 90-00053 BO-1 Ldoc Supervisors and County Administrator
Originator: Public Works(ES)
Contact: Kevin Emigh(313-2233)
Public Works—T.Bell,Construction
Current Planning,Community Development Deputy,
T—June 7,2005 By
Steven St.Germain
4016 Medford Court
Martinez,CA 94553
American Contractors Indemnity Company
9841 Airport Blvd.,9hFloor
Los Angeles,CA 90045
Attn:Keith Sandrock,Jr.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 8, 2005 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 73
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 of the Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an action taken
JD:rrn and entered on the minutes of the Board of Supervisors on the date
G:\GrpData\EngSvc\BO\2005\02-08\MS 90-00053 BO-1 Ldoc shown.
Originator: Public Works(ES) FEBRUARY 08, 2005
Contact: Kevin Emigh(313-2233) ATTESTED:
cc: Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County
Current Planning,Community Development Administrator
T—June 7,2005
Steven St.Germain
4016 Medford Court
Martinez,CA 94553 `
American Contractors Indemnity Company By ,Deputy
9841 Airport Blvd.,9"Floor
Los Angeles,CA 90045
Atte:Keith Sandrock,Jr. 73
RESOLUTION N0.2005/
x
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: Minor Subdivision 90-00053
Developer: Steven St. Germain
Original Agreement Date: August 7,2001
- eke -Extension New Termination Date: August 7,2005
�D
Improvement Security
Surety: American Contractors Indemnity Company
Bond No. (Date): 136978 (July 20,2001)
Security Type Security Amount
Cash: $ 1,000.00 (1% cash, $1,000 Min.)
Bond: $ 16,000.00 (Performance)
$8,500.00 (Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby agree thereto and acknowledge same.
Dated: Dated: January 14 2005
FOR CONTRA COSTA COUNTY Developer's Signature s)
Maurice M. Shiu, Public Woks irector2f
Z'
0�1 s ! 1
By:• �•� - Printed
Developer's Signature(s)
RECOMMENDED FOR AP ROYAL:
By: Printed
(Engideeiij: rvices Division)
f�
Address
American Contractors Indemnity Company
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 9841 Airport Boulevard, 9th Floor
Los Angeles, CA 045
FORM APPROVED:Victor J.Wessman,County Counsel Address �^
Z
After Approval Return to Clerk of the Board
Attorney in Facts Signatur
Keith Sanrodck, Jr.
Printed Attorney-in-Fact
t 1
American Contractors Indemnity Company
9841 Airport Blvd.,9th Floor,Los Angeles,California 90045
05-5084
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint,
Keith Sandrock,Jr.,Aimme M. Schlosser or Hae Yong Min
Its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed$ ***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 V ce President, Executive Vice President, Secretary or Assistant Secretary, shall have
the power and authority
1. To appoint Attorney(s)-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.
�.��p►CTOIps� AMERICAN CONTRACTORS INDEMNITY COMPANY
s IlrcoRPoRATED
SEPT.26,1990
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.
--
NORMA J.VIRGILIO
WITNESS my hand and official seal _ Commission#1322310 Z
Notary Public-Callfamia
Los Angeles County
Norma J.Virgilio,Notary17 MyCarrm Eines Sep 27.2006
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 14 day of January ,200 5
Bond No. 136978
Agency No. #9005 JAMES H.FERGUSONRCorporate Secretary
rev.POA04/20/01
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Calif o rn i a OPTIONAL SECTION
County of Alameda CAPACITY CLAIMED BY SIGNER
On 01/14/2a5 before me, Aimme M. Schlosser 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
Keith Sandrock Jr. to persons relying on the document.
NAMES)OF SIGNER(S) ❑ ❑ INDIVIDUAL
nit personally known to me-OR- �Qu*hP hacic�f aU&L„ ,Pyidcn ❑ ❑ CORPORATE OFFICER(S)
r ce to
be the personM whose name is/aFwsubscribed TITLE(S)
to the within instrument and acknowledged to
me that he/*haY executed the same in ❑ ❑ PARTNER(S) 0 ❑ LIMITED
his/her•authorized capacity(,and that by
D ❑ GENERAL
AIMME M.SCHLOSSER his/herftheir signature(s)on the instrument the ❑YdXkTTORNEY-IN-FACT
COMM.#1314101 ? person(*or the entity upon behalf of which the ❑ ❑ TRUSTEE(S)
NOTARY PUBLIC-CALIFORNIA Q person(v)acted,executed the instrument. ( )
1:1 ❑ GUARDIAN/CONSERVATOR
ALAMEDA COUNTY 0 ❑ ❑ OTHER:
"i
COMM.EXP.AUG.11,2005"' WITNESS my hand and official seal,
SIGNER IS REPRESENTING:
SIGNATURE OF NOTARY {NAME OF PERSONS)OR ENTITY(IES))
American Contractors
❑❑ 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.
'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
b)The 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:
11...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-PURPOSE ACKNOWLEDGEMENT
State of rn OPTIONAL SECTION
County ofA(60Z�g CAPACITY CLAIMED BY SIGNER
On before me,
Though statute does not require the Notary to fill 141o,15 M
DAE ITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC"
in the data below,doing so may prove invaluable to
1f AM-E.T
persons relying on the document.
personally appeared
-1 NAME( TGNER(S) 11X_ INDIVIDUAL
[�91B_J penumal fl-y 1_�I El 0 provided to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the personoo whose name(*is/w4-subscribed TITLE(S)
to the within instrument and acknowledged to
me that he/slimy executed the same in 0 ❑0 PARTNER(S) ❑0 0 LIMITED
_41L_:r authorized capacity(iK),and that by
El 0 GENERAL
AIMME M.SCHLhis/-W..OSSER.0 his/hapWwir signatureo on the instrument the El 0 ATTORNEY-IN-FACT
r 07.4
em
COMM.*1314101
NOTARY PUBLIC-CALIFORNIA Gpersonor the entity upon behalf of which the ❑ 0 TRUSTEE(S)
) o
ALAMEDA COUNTY C) person*acted,executed the instrument. [1 0 GUARDIAN/CONSERVATOR
COMM.EXP.AUG.]It 2005" 0 ❑0 OTHER:
WITNESS my hand and official seal,
SIGNER IS REPRESENTING:
SI NAT OTNOTARY (NAME OF PERSON(S)OR ENTITY(IES))
E10 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 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.
.11. 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 officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
(b)The President
(c)Any Vice-President
GROUP 2. (aThe Secretary
(bli 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 a the instrument to execute instruments of the type in question is required. A currently valid
notarized ill suffice.
power of attorney,no eT.� ce!
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."