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Home My WebLink AboutMINUTES - 03212006 - C.13 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR co DATE: March 21, 2006 SUBJECT: Approving the Third Extension of the Subdivision Agreement for SD 98-08239, Alamo area. (District III) SPECIFIC RL•QUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S)- ADOPT ECOMMENDATION(S):ADOPT Resolution No. 2006/ 151 for SD 98-08239, approving the Third Extension of the Subdivision Agreement for project being developed by Gene R. Schmidt, Inc., Alamo area. (District III) 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. Continued on Attachment: ✓ SIGNATURE: e./ ' I Q JiRECOM.MENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE 1-'PROVE OTHER r SIGNATURES ACTION OF BO ON 4i yrA APPROVED AS RECOMMENDED OTHER VOTOF SUPERVISORS I hereby certify that this is a true and correct 1y/ UNANIMOUS(ABSENT � ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. L13:m1 G:\GrpData\EngSvc\BO\2006\03 21\SD 98-08239 130-1 Ldoc Originator: Public Works(ES) ATTESTED: Contact: S.Gospodchikov(313-2316) JOHN CULLEN, Clerk of the Board of CC., PublicWorks-Construction Supervisors and County Administrator Current Planning,Community Development T—January 19,2007 IDistribution copy must include extension). Gene R.Schmidt.Inc. i 940 Reliez Station Lane By , Deputy Lafayette,CA 94549 Developers Surely&Indemnity Company 2999 Oak Road,Suite 420 Walnut Creek,CA 94597 Attn:John Daley THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 21, 2006 by the following vote: AYES: SUPERVISORS UIC.KENIA, DeSAULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR PIEPNO ABSTAIN:-NONE RESOLUTION NO. 2006/ �39 SUBJECT: Approving the Third Extension of the Subdivision Agreement for SD 98-08239, AIamo area. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement between Gene R. Schmidt,Inc.and the County for construction of certain improvements in SD 98-08239, in the Alamo area, through March 19, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% o ANTICIPATED DATE OF COMPLETION: December 2006 ♦ REASON FOR EXTENSION: Toplift of asphalt-concrete to be placed when all home constuction is completed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:n» G:\GrpData\EngSvc\BO\2006\03-21 sSD 98-08239 BO-1 l.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date contact: S.Gospodchikov(313-2316) shown. cc: Public Works—Construction ' Current Planning,Conununity Developm ` 0ent ATTESTED: J�r� T—January 19,2007 (Distribution copy must include extension JOHN CULLEN, Clerk of the Board of Supervisors and County Genre R.Sclunidt,[tic. Administrator Reliez Station Lan e Lafayette,CA 94549 Developers Surety&Indemnity Cornpany 2999 Oak Road,Suite 420 Walnut Crcek,CA 94597 By ,Deputy Attn:John Daley RESOLUTION NO.2006/ CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 98-08239 Developer: Gene R. Schmidt Original Agreement Date: March 19,2002 Third Extension New Termination Date: March 19, 2007 Improvement Security Surety:-Dn Ord Developers Surety & Indemnity Company Bond No. (Date): 88'�S (February 25, 2004) 9lp-7 IISS Security Tvpe Securitv Amount Cash: $ 1,900.00 (1% cash, $1,000 Min.) Bond: $ 18,000.00 (Performance) $ 9,000.00 (Labo i& Material) The Developer and the Surety desire this Agreement to be extended throu he above ate;and Contra Costa County and said Surety reb agree thereto and acknowledge same. Dated: Dated (j 2-1I FOR CONTRA COSTA COUNTY Vevoper's Signature(s) dv Maurice M. Sbju,Public Works irector By: 19" ZPrinte e oper's Signaturc(s) RECOMMENDED FOR APPROVAL: U45�w- 6'G 41 �101- By: �` '� �� Printed (Engineeririf Services Division) &-112— Address -11Z Address / 14�jre nsS�xe-� and (NOTE: Developer's, Surety's and Financial Surety or Financial Institution e mpaf, ` ! Institution's Signatures neust be Notarized.) Q �^L C '( FORM APPROVED:Victor a or 1.WumCounty n . Counsel I � �1 � Address U-a\o �`-`�4S 9 After Approval Return to Clerk ofdie Board Attorney i acts Signature c Printedi CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of(6,��'f��n\ CA_ OPTIONAL SECTION County of l �� 1 K� CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill DATF �' NAME, TL F OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data tielow,doing so may prove invaluable personally appeared C.nt-, S� rAd* to persons relying on the document. NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL( ❑❑ personally known to me-OR- provided to me on the basis of satisfactory evidence to n ❑ CORPORATE OFFICER(S) / be the persor4s),whose name(s)is/aw-subscribed TITLE(S) to the within instrument and acknowledged to TANYA CHINCHILLA me that he/sh@Ahey-executed the same in 'J ❑ PAR ER(S) G ❑ LIMITED his/hes44ek authorized capacity(ies}rand that by :1 ❑ GENERAL Commission# 1375153 Z his/h�r signature(4on the instrument the Notary Public - California > person(sj or the entity upon behalf of which the ❑ ATTORNEY-IN-FACT ❑ ❑ TRUSTEE(S) t�r•�a Contra Costa County person(�j acted,executed the instrument. ( ) 1 ❑ GUARDIAN/CONSERVATOR My Comm.E>Pires Sep 16,2006 a ROTI I i R : WITNESS my hand—i Icial eal, -15 SIGNER IS REPRESENTING: S NAT NOTARY I NAME OF PEI SON(S) OR ENTITY(IES)) 1:10 acknowledged tome that such corporation exe a with instrument pursuant to its by-laws or a resolution of its Board of Directors. L 1 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 I 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 Cost i 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. I1. 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: "...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 n OPTIONAL SECTION County ofS�(,) �k �U��S� CAPACITY CLAIMED BY SIGNER On � / -( ,(,6bfore me, 1 �`��(� l X� t t�`��t ` � Though sta lute does not require the Notary to fill DATE NAME,TITLIE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to \ � / persons reliing on the document. personally appeared �� l�Y NAME(S)O SIGNER(S) �_ ❑ INDIVIDUAL ❑personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to f..l ❑ COR i ORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed TrrLE(S) to the within instrument and acknowledged to me that he/she/they executed the same in U ❑ PARTNER(S) ❑ ❑ LIMITED heir authorized capacity(ics),and that by ❑ ❑ GENERAL TANYA CHINCH!LLf►tis/he heir signature(s)on the instrument the U�TTORNEY-IN-FACT %" .. Cornmission # 13751 meson )or the entity upon behalf of which the ❑ TRUSfEE(S) �aI3 Notary PUb!iC - CQIIfIn )acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR Z e Contra CSt4 COur y�y S my hand and official seal, U ❑ OTI1 i R: My Cn;i,;r(.[xplres Sep 16, SIGNER IS REPRESENTING: SIGNATURE OF NOTARY {NAME OF PERSON(S)OR ENTITY(IES) ❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. Y� 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 I 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: "...and acknowledged tome that such corporation executed the within instrtunent pursuant to its by-laws or a resolution of its Board of Directors."