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HomeMy WebLinkAboutRESOLUTIONS - 06042002 - 2002-349 /4F THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 4, 2002 by the following vote: AYES: Supervisors Gerber Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 3 4 9 SUBJECT.* Approval of the Second Extension of the Subdivision Agreement for Minor Subdivision 16-91, Walnut Creek area. (District 111) The Public Works Director having recommended that he be authorized to execute the Second Agreement Extension which extends the Subdivision Agreement between SA Development Partners and the County for construction of certain improvements in Minor Subdivision 16-9 1,in the Walnut Creek area, through June 4, 2003; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ REASON FOR EXTENSION: Warranty Period 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 PE:cw and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\BO\2002\6-4-02\MS 16-91 B0-11.doc shown. Originator: Public Works(ES) Contact: Patty Edwards(313-2358) ATTESTED: JUNE 04) 2002 cc: Public Works—T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—4-04-03 SA Development Partners 29 Canyon View Drive Orinda,CA 94563 Colonial American Casuaulty and Surety Company By Deputy 33 Rock Hill Road Bala Cynwyd,PA 19004 Wally Anderson 40 Avalon Court Alamo,CA 94507 Zurich North America 3910 Keswick Rd,5"Floor Baltimore,MD 21211-1171 RESOLUTION NO.2002/ 3 4 9 SUBDIVISION AGREEMENT EXTENSION Contra Costa Number/Name Minor Subdivision 16-91 Subdivision Developer SA Development Partners Original Agreement Date November 16,1999 Security Type Security Amount Improvement ( )Cash : $1,000.00(1% cash,$1,000 Min.) Security ( )Letter of Credit : $2,595.00(Performance) (X)Bond $9,150.00 (Labor&Material) 6/-Z -Bond/Letter of Credit/DP No. 08169939 Surety/Financial Institution Colonial American Casualty and Surety Co. 2nd Extension-New Termination Date June 4, 2003 This Developer and Surety or Financial Institution desire this Subdivision Agreement to be extended through the above date; and Contra Costa County and said Surety or Financial Institution hereby agree thereto and acknowledge same. Dated: Dat FcL-. MAY 10.,w 2002 SA ARTNERS, CONTRA COSTA COUNTY BY: Maurice M. Shiu,Public Works Director Devgepers---Signature t-.---WALL AICE-ANDERSON.,JR E. WALLACE ANDERSON, JR. By: Printed 29 CANYON VIEW DRIVE ORINDA., CA 94563 RECOMMENDED FOR APPROVAL: Address By: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 4� gm Services Division Surety or Financial Institution 33 ROCK HILL ROAD FORMr PR D:-- BALA CYNWYD, PA 19004 Victor J.Westman,,County Counsel Address (N.B.: Developer's Surety's and Financial Institution's Signatures must be Notarized.) BY: Attorne in acts SWatUre JO 1W J DALEY JOHN J. DALEY Printed pe G:\GrpData\F,ngSvc\]?aftyEd\2002\,kpri]\MS 16-91 ag ext.doc After Approval Return to Clerk of the Board CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT state of Calif ornia OPTIONAL SECTION County of Contra Costa CAPACITY CLAIMED BY SIGNER On 5/10/0 2 ,before me, M. Cardone v Notary Public Though,statute does not require the Notary to fill in DATE NAM,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC„ the data below,doing so may prove invaluable to personally appeared E. Wallace Anderson, J r. persons relying on the document. NAMES)OF SIGNER(S) 0 INDIVIDUAL O personally known tome-OR-I& proved tome on the basis of satisfactory evidence to l§ CORPORATE OFFICER(S) be the person(vf whose name(#)is/ate Managing Partner TITLE(s} subscribed to the within instrument and Aftacknowledged to me that he/fW*bf executed .0 PARTNER(S) a LIMITED e same in hislf WtXr authorized 0 GENERAL W CARDONE pacity .,and that by his~r 0 ATTORNEY-IN-FACT COfTNY iulOn#1349016 gnature( on the instrument th person(0or p TRUSTEE(S) Notary Public-Calit mis a entity upon behalf of whic + e person( Q GUARDIAN/CONSERVATOR ted,executed the mstrumen. Cwtra Costa County © OTHER: MY CW".��Mar 29,20221ITN 9m rid and of 'al seat, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTI T Y(IES)} GNA OF TARY SA 'D.evelopment Partners, LLC OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below 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 NO'T'ARY 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 - Simu'ng party must be either a general partner or be authorized in writing to have the authority to signfor an bind the artnershi . P p 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 lb 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." JC:mw \\PWS4\SHARDATA\GrpData\EngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc s t CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State-of CALIFORNIA OPTIONAL SECTION County of C ONTRA C 0 S TA CAPACITY CLAIMED BY SIGNER On MAY 10, 20Qxre me, K. .CARDONE.; NOTARY PUBLIC Though.statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.."JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared JOHN J. DALEY persons relying on the document. NAME(S)OF SIGNER(S)- ❑ INDIVIDUAL Apersonally known to me-OR-O proved to me on the basis of satisfactory evidence to O CORPORATE OFFICERS) be the person(s�whose name(4is/aW' TITLE(s) subscribed to the within instrument and acknowledged to me that he/00/tby executed O PARTNER(S) 0 LIMITED he same in his/W/ftrr authorized O GENERAL W CARDO►NE apacity ,and that by h1sA*1 Com' si ature on the instrum t the person(v jor ATTORNEY-IN-FACT ission#1349016 Sn 0 TRUSTEE(S) Notary Public-Calftmia the entity upon behalf of ch the person(000", GUARDIAN/CONSERVATOR Z hcted,executed the ins nt. Contra Costa County O OTHER: MY Conlrtt•Expires Mar 29,2006 ITN hand a fficial seal, SIGNER IS REPRESENTING: (NAINIE OF PERSL.N(S)OR EWITY(IES)) SIG FNOTARY COLONIAL AMERICAN CASUALTY ANIS SURETY COMPANY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below 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 authorityto sip for and bind the partnership. � P P 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 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,ivill 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." JC:mw 11PWS4tSHARDATA\GipData\EngSvc\Forns\WORD FORK ALL PURPOSE NOTARY.doc _ Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS:That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. ' a corporation of the State of Maryland, by M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl,, Section 2,,of the By-Laws o �ompany,f which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on. e hereofereby nominate, constitute and appoint John J.DALEY, of Walnut Creek, California, its awful a o ey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as i deed: a. all bonds and undertakings, each in a penalty not to exceed the sum of SIX MILLIOPM LLARS 9 000) and the execution of such bonds or undertakings in pursuance of these presents, sh '1>1 binding id Company, as fully and amply, to all intents and purposes, as if they had been duly execute 4'-Q;a tmowledgeday e regularly elected officers of the Company at its office in Baltimore,Md.,in their own oxs. The said Assistant Secretary does certi extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the$y-Laws of said Company, in force. IN WITNESS `WHEREOF, e s "' i e-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of e COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,this 6th day of October,,A.D.2000. ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY prope ' ' Zqrey'c w Co elm By: T E.Smith Assistant Secretary M J Anderson Vice President State of Maryland SS: County of Baltimore On this 6th day of October, A.D. 2000, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. J. ANDERSON, Vice President, and T. E. SMITH, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. in Carol J Fader Notary Public My Commission Expires: August 1,2004 POA-F 186-2050E EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive`Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,undertaking,recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgacges,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND.SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoingis a full,true and correct copy, is in full force and effect on the date of this certificate.;and I do further certify that fl-Le Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following,resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually of IN TESTIMONY WBEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, 10TH MAY 2002 this day of Assistant Secretary