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Home My WebLink AboutMINUTES - 03072006 - C.4 TO: BOARD OF SUPERVISORS • FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: March 7, 2006 SUBJECT: Approving the Second Extension of the Subdivision Agreement for SD 87-06844, Lafayette:area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ /40 K for SD 87-06844, approving the Second Extension of the Subdivision Agreement for project being developed by California Pacific Bank, Lafayette 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. Continued on Attachment: ✓ SIGNATURE: '� t/RECOINIMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE "PPROVE OTHER SIGNATURE (S): ACTION OF BOA DONA,-V APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VOTE F SUPERVISORS copy of an action taken and entered on the ✓ UNANIMOUS(ABSENT minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: LB:mi ATTESTED: G:\(7irpData\EngSvc\130 006\03-07\SD 87-06844 130-1 Ldoc JOHN CULLEN, Clerk of the Board of Originator: Public Works(ES) Supervisors and County Administrator Contact: S.Gospodchikov(313-2316) cc: Public Works—Construction Current Planning,Conununity Development T—January 7,2008 By. , Deputy California Pacific Bank 3100 Oak Road,Suite 320 Walnut Creek,CA 94597 Attn:Michael R.Johnson "travelers Casualty&Surety Company of America 100 California Street,#300 San Francisco,CA 94111 Attn:Richard L.Milsner THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 7, 2006 by the following vote: AYES: SUPERVISORS GIOIA, PIEPIiO, DeSAULNIER AND UILKEMA NOES: NONE ABSENT; SIJPERN'ISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Subdivision Agreement for SD 87-06844, Lafayette area. (District II) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between California Pacific Bank and the County for construction of certain improvements in Subdivision 87-06844,in the Lafayette area, through March 7, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦ ANTICIPATED DATE OF COMPLETION: March 2007 ♦ REASON FOR EXTENSION: Negotiations with neighbors regarding Road Access Agreement help up the project. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. 1-r1:m, I hereby certify that this is a true and correct copy of an action taken G:\Grp Data\CngSvc\BO\2006\03-07\SD 87-06844 BO-1 Ldoc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(GS) shown. Contact: S.Gospodchikov(313-2316) cc: Public Works—Construction ATTESTED: Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and County T—January 7,2008 California Pacific Bank Administrator 3100 Oak Road,Suite 320 Walnut Creek,CA 94597 Attn:Michael R.Johnson Travelers Casualty&Surety Company of America By ,Deputy 100 California Street,#300 San Francisco,CA 94111 Attn:Richard L.Milsner RESOLUTION NO.2006/ CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 87-06844 Developer: California Pacific Bank Original Agreement Date: August 6,2002 Second Extension New Termination Date: March 7,200% Improvement Security Surety: Travelers Casualty and Surety Company of America Bond No. (Date): 005SB103321539BCM (December 6, 2000) Securitv Tyne Security Amount Cash: $8,000.00 (1% cash, $1,000 Min.) Bond: $793,000.00 (Performance) $400,500.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety ereb agree thereto and acknowledge same. Dated: '1 Dated: FOR CONTRA COSTA COUNTY Developer's Sign ure(s) Maurice . Shiu Public W rks ctor r— By: Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: Awva led� Printed ��310C11 ��`C/ /� (Engineerin Services Division) ` ) Address Travelers Casualty and Surety Company of America (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 100 California St. , #300, San Francisco, CA FORM APPROVED:Victor J.We tnu County Counsel Address 94111 Aller Approval Return to Clerk of the Board Ptttorney in Facts Signature Richard L. Milsner Printed CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State Of a_, OPTIONAL SECTION COunty of p� (( re f t / - CAPACITY CLAIMED BY SIGNER Ori ;0 _,before me, 6 �( Uy 1V WV `V , Though st ute docs not require the Notary to fill DATE NAME,Tl E OF OgF_ICER E.G.,"JANE DOE,N TARY PUBLIC' in the data b w,doing ,so may prove invaluable to \I0 1I p y _ persons relying the document. personally appeared Y �`1 \J l/, `I�✓'U r�/ NAME(S)OF SIGNER(S) FJ ❑ INDIVIDUAL. Xpersonally known to me-OR-F,❑ provided tome on the basis of satisfactory evidence to D. ❑ CORPORATE OI CFR(S) be the person(s)whose name(s)is/are subscribed TITLE(S) to the within instrument and acknowledged to SUSAN CALVERT me that he/she/they executed the same in _l ❑ PARTNER(S) ❑ LI I'IT•D p his/her/their authorized capacity(ies),and that by I1 ❑ GE AL Q COMM.#1616181 0 his/her/their signature(s)matures on the instrument the m PprAWPV84UC-C,p.iotiiM '� b (') _� ❑ ATTORNEY-IN-FACT' ppNTRgCoSi 0UNTY person(s)or the entity upon behalf of which the person(s)acted,executed the instrument. r ❑ TRUSTEE(S) ❑ ❑ GUARDIAWCONSERVATOIZ ITNESS my ha and fticial se ❑ ❑ OTHER: SIGNER IS REPRESENTING: SIG rURE OF.OFARY i NAME OF PERSON(S)OR ENrITY(IES)) 90 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 TF1IS CFRTIFICATE MUST BE AT Title or Type of Document _ TO THE DOCUMENT AT RIGHT. umber of Pages ThOLIgh 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�� e I-c-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-Presiderit 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 .�/ OPTIONAL SECTION County of \Tho.gh ACITY CLAIMED BY SIGNER fk OnQ 28bb ,before me, � [�,IVC�f�. ly �tM/UL`V , utedoes not require the Notary to fill DA E NAME,Tl EIOOF,O�FFICER E.G.,"JANE DOE,N TARY PUBLIC' in the data b w,doing so may prove invaluable to � Y 11,j tE)k /►�/'` persons relying the document. personally appeared UI L� I � W l tJ 1 lK�1I NAME(S)OFSIGNF.R(S) I..I ❑ INDIVIDUAL personally known to me-OR-710 provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE O CER(S) be the person(s)whose name(s)is/are subscribed TITLE(S) to the within instrument and acknowledged to SUSAN CALVERT me that he/she/they executed the same in D ❑ PARTNER(S) 7 ❑ LI ITED COMM.#1616181 w his/her/their authorized capacity(ies),and that by :10 GE L NOTARY PtBUC-C NORMA his/her/their signature(s)on the instrument the ❑ ATTORNEY-IN-FACT Myco°�,nm�r cCAWA d2T.COUNTY person(s)or the entity upon behalf of which the 71 person(s)acted,executed the instrument. ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR w TNESS my ha and fticial se ❑ OTHER: rtm SIGNER IS REPRESENTING: SIGNATURE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES)) 1:1❑ 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�BEAT Title or'rype of Document TO THE DOCUMENT AT Rumber 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 I f 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: It ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors."