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HomeMy WebLinkAboutMINUTES - 02062007 - C.16 flu TO: BOARD OF SUPERVISORS �`=-- �``���' Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR , n ,?� Costa DATE: February 6, 2007COUPj "`P County T'4 "� SUBJECT: Approvmg the Second Extension of the Subdivision Agreement for Minor Subdivision 03-00018,for project being developed by Ted Liu,Walnut Creek area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Minor Subdivision 03-00018, approving the Second Extension of the Subdivision Agreement, for project being developed by Ted Liu;Walnut Creek area. (District 11) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has completed the improvements, but the warranty period is not complete. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision agreement guaranteeing completion of improvements will not be renewed. Continued on Attachment:__---� SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE �PAOVE OTHER SIGNATURES . / ACTION OF BO "R ON 3,-&AM-Y rD -2." APPROVED AS RECOMMENDED OTHER VOOF SUPERVISORS ./ I hereby certify that this is a true and correct VV 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. LC:vz G:\EngSvc\BO\2007\02-06\BO-1l MS 03-0018.doc Originator: Public Works(ES) ATTESTED: 7 e,6;'(A40.'a' e G O�BQt Contact: S.Gospodehikov(313-2316) JOHN CULLEN, Clerk of Me Board of Bond No/Date:8690545(Oc(ober 29,2004) Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development T—October 14,2008 Ted Liu 4045 Balfour Avenue By , Deputy Oakland,CA 94610 Indemnity Company of California P.O.Box 19725 Irvine,CA 92713 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 6, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None L RESOLUTION NO. 2007/ SUBJECT: Approving the Second Extension of the Subdivision Agreement for Minor Subdivision 03-00018, for project being developed by Ted Liu, Walnut Creek 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 Ted Liu and the County for construction of certain improvements in Minor Subdivision 03-00018, in the Walnut Creek area, through December 14, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: December 14, 2006 ♦ REASON FOR EXTENSION: The warranty period is not complete. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LC:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2007\02-06\BO-11 MS 03-0018.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: S.Gospodchikov(313-2316) Bond No/Date:8690545(October 29,2004) ATTESTED: cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning Community Development T—October 14,2008 Administrator Ted Liu 4045 Balfour Avenue Oakland,CA 94610 Indenwity Company of California By ,Deputy P.O.Box 19725 Irvine,CA 92713 OF RESOLUTION NO.2007/ S CONTRA. COSTA COUNTY SUBDIVISION AGREEMENT EX'T'ENSION Development Number: MS 03-00018 Developer: Ted Liu Original Agreement Date: December 14, 2004 Second Extension New Termination Date: December 14, 2008 Improvement Security Surety: Indemnity Company of California Bond No. (Date): 8690545 (October 29, 2004) Security Type Security Amount Cash: $569.00 (1% cash,$1,000 Min.) Bond Rider: $ 8,450.00 (Performance) $28,450.00 (Labor& Material) ........._The-D..eveloper_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. �o Dated: Dated: FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice Shiu, bis Works Director �C L('P By: Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: Printed (Engine rin(Se ices Division) Address Indemnity Company of California (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 1 Fitch, #200, Irvine,�_92614 FOR n�.�rvnovm:w���,i.w.:m..�.coumycau�:d Ad .es After Approval Return to Clerk ofthe Board Ttto'mey in Facts ig u e '.paniel Livsey 9 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Stateof 0-C04oryni M OPTIONAL SECTION County of Cov km LOSAA CAPACITY CLAIMED BY SIGNER On 0110.312064,before me, Awtu ia-,?arreSi tQ0- a.ry'1 il6ki G Though statute does not require the Notary to fill DATE J NAME,TITLE OF OFFICER E.G.,"JARE DOE,NOTARY PUBLIC" In the data below,doing so may prove Invaluable to persons relying on the document. personally appeared 164i L► Li -' NAME(S)OFSiONER(S) ❑ J(INDIVIDUAL ❑❑ personally known to me-OR-0 provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(p)whose namew(g.s re subscribed TITLE(S) AMY H.PARNES to the wI In instrument and acknowledged to Commission#1520133 that I /e sMeEtMey executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED SMYNOtary PubUC-Califomla I authorized capacity(.ies),and that by ❑ ❑ GENERAL CoCounty I signatures)on the instrument the ❑ ❑ ATTORNEY-IN-FACT COCt 17,2�8person(ej or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) person(e)acted,executed the instr ent. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS y hand and o Ici sea ❑ ❑ OTHER: SIGNER IS REPRESENTING: SIGNATU OF NOTARY. I NAME OF PERSON(S)OR ENTITY(IBS)) 00 acknowledged to me that such corporation executed the within instru nt pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION � co s'tM Co�h,4� i e THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document�St+bd'�y�S c e►� ftYe� e ne A TO THE DOCUMENT AT RIGHT. Number of Pages rIT- Though the adjacent data is not required by law,it may prove valuable Date of Document J Q teary 3 a0O 4 to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above 'D 0.h 1e I L1ys,,eLl 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. Tlie 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 Mb The President c Any Vice-President GROUP 2. aThe 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." tlSTATEOF California i COUNTY OF Contra Costa On December 20,2006 before me, Rita A. Bisaha, Notary Public j(here insert name and title of the officer),personally appeared Daniel Livsey personally known to me( be the person(s,}'whose name(q islaffi subscribed to the within instrument and acknowledged to me that helab&4hey executed the same in his/h ieir authorized capacity*s), and that by hisQaer#heir signaturep, on the instrument the person*, or the entity upon behalf of which the person(<acted, executed the instrument. WITNESS my hand and official seal. RITA A. SISAHA Commlaelon# 168229'1 Signature (SEAL) Notary ftft-Call,omio Rita A.Bisaha,Notary Public Contra Colo County Ir L'b1*C0mm-Ex0mAu95,201i* This area_for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Indemnity Company of California SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE.?,CA 92623 (949)263-3300 KNOW ALL MEN BY'FFIESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNI'I'Y COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Robin S. Westfall, Gregory M. Pribyl, Daniel Livsey, Stephen G. Roddie, jointly or severally**- as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be clone in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power ofAttorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNI"fY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLV F,D,that the Chairman of the Board,the President and any bice President of the corporation be,and that each of them hereby is,authorized to execute Powers ofAttorney,qualifying the attorney(s)named in the Powers ofAttorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and cacti of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures ofsuch officers may be affixed to any such Power ofAttorney or to any certificate relating thereto by facsimile,and anv such Power ofAttorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future wilt respect to any bond,undertaking or contract of suretyship to which it is attached. IN'WITNF,SS WHEREOF,DFVELOPI;RS SURFiTY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist clay of December, 2005. Bv: �'AND �t;O., �MPANVOc David H.Rhodes,Executive Vice-President ;SyJ,:�RPORq�:FL� OPPOggT c, �.•2 ` G C;� �•' OCT. ?< z ? OCT.5 -n ?a•, 10 :n. w 1967 By: 1 9 3 6 a o2 cq< Walter A.Crowell,Secretary /FOP STATE OF CALIFORNIA COUN-1 Y OF ORANGE On December I,2005 before me,Gina L.Garner, Notary Public(here insert name and title of the officer), personally appeared David H.Rhodes and WaIter A.Crowell,personally known to me(or proved to me on the basis of sat is factory evidence)to be the person(s)whose names)is/are subscribed tothe within instrument and acknowledged to tire that he/she/thev executed the same in his'hedtheir authorized capacity(ics),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument, WITNESS my hand and official seal. GINA L.GARNER a COMM.# 1569561 (SEAL) NOTARY PUBLIC CALIFORNIA Signature 3 ORANGE COUNTY v My comm.expires May 13,2009 CER'1-IFICATE The undersigned,as Assistant Secretary,of DEVF.LOPLRS SURETY AND INDEMNI"f Y"COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power ofAttorney remains in full force and has not been revoked,and furthermore,that the•proyisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttorney,are in force as of the date of this Certificate~ This Certificate is executed in the City of Irvine,California,the 20th day of December , 2006 '- - By - Albert Hillebrand, Assistant Secretary ID-1380(Rev. 1 Z/05)