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HomeMy WebLinkAboutMINUTES - 01062004 - C11-C15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted.this Resolution on January 6, 2004 by the Following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NODE ABSTAIN: NONE RESOLUTION NO. 2004/9 SUBJECT: Approve the Second Extension of the Road Improvement Agreement along Load. Acceptance 1110 Extension (cross-reference Subdivision 8023), Brentwood area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Improvement Agreement between Hofinann Land Development Company and the County for construction of certain improvements in Road Acceptance 1110 Extension (cross-reference Subdivision 8023), in the Brentwood area, through October 2, 2004; + APPROXIMATE PERCENTAGE OF WORD COMPLETE: 95% r ANTICIPATED DATE OF COMPLETION: February 6, 2004 r REASON FOR EXTENSION: Punchlist work in progress 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 Jo:rm and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EiigSvc\BO\2004\01-06-04\RA 1110 BO-1l.doc shown. Originator, Public Works{Es} JANUARY �6 2004Contact: Rich Lierly(313-2348) ATTESTED: , cc: Public warp-T.sell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Cortanunity Development Administrator T—August 2,2004 Hofrnann Land Development Company 1380 Galaxy way ^� Concord,CA 94520 The American insurance CorMany By s Deputy Kathleen Bryant One Market Plaza,Spear St.Tower San Francisco,CA 94111 RESOLUTION NO.2004/ 9 CONTRA COSTA COUNT' ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: Road Acceptence 1110-Extension (cross- reference Subdivision 5023) Developer: Hofmann Land Development Company Original Agreement Date: October 2,2001 Second Extension New Termination Date: October 2,2004 Improvement Security Surety: American Insurance Company Bond No.(Date): 11.141'714185 (September 25,2001) Securi#v Typ Securi#v Amount i Cash: $2,600.00(1% cash, $1,000 Min.) Bond: $255,200.00 (Performance) $ 128,900.00(Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date,and Centra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: al " d`� Dated: I v cd FOR CONTRA COSTA COUN Maurice M. Shiu, Public Work ire r Developer's Signatures) Printed RECQMMEN P CJVAL. By: Address ring Services Division) " (NOTE: D elvper's, Suret},'s and Financial Surety or Financial Institution Institution s.Signatures must be Notarized:) FORMAPPROVED Y;rtot J.YVesumn,Couny Onwe>N Add-�iJJ� �/( A.er Agaravat Return to Clerk the&4? I Attorney�Facts Signature �— tr y Printed Cindy Thun Figueiredo Resident Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT �1 State o: �..cJ�0"(_k-N\Q>%, OPTIONAL SECTION County of .. 1 C;' i.. -- CAPACITY CLAIMED BY SIGNER On $ 1` _ ? before me, j -.` 'ate Though statute does not require the Notary to till ATE I NAME,TITLE OF OFFICER E,G,"JANE DOE,NOTARY PUBLIC in the data below,doing so may prove invaluable to ?', persons relying on the document. personally appeared � �• NAME(S)OF SION�Ii(sl E 0 INDIVIDUAL i a personally known tome-OR-D 0 ', ""44"ec-to Ll Cd CORPORATE OFFICER(S) be the personW whose name(is/A subscribed TITLE(S) to the within instrument and acknowledged to me that hets '/*executed the same in C 0 PART'NER(S) ❑ 0 LIMITED jis. `r/th authorized capacity(*and that by � 0 GENERAL 1). SANIELES s their slgnature(4 on the instrument the 0 ATTORNEY-IN-FACT C,n,Ma #i 296585rthe entity upon behalf of which the ❑ ❑ TRUSTEES) iArson(yQ acted,executed the instrument. ❑ 0 GUARDIAMICONSERVATOR sts CuustY ❑ C1 OTHER; M t vlies Mar, ESS my hand and f4ficial seat, SIGNER IS REPRESENTING- SIGNATURE OF!VOTARY {NAME OF PERSON(S)OR ENTITY(IES)l 1'0 acknowledged tome 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. €. 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. TTI. 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 hoard (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: it acknowledged to zee that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURE`1'X CORPORATION ASSOCIATED INDEMNI'T'Y CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California carpc�ration, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Cindy T'hun Figueiredo of Novato, CA their true and lawful Attorneys)-in-Fact, with full lower of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seals of the Companies and dryly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premise-& This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect, This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repeated. "RESOLVED,that the signatum of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vot-President,and their corporate seals to be hereunto affixed this C 2. day of Noy'embe r . 2001 FIREMAN'S FUND INSURANCE MI'ANY " ` ,•••,r cry .•�.�'"•` �� �' NAM(ONAL SURETY CO RATION `` ' _ " • `� THE AMIC:AN INSURAN OMPANY eErz.s yarn ,+ :} ." ,�� �� f, t'� �" " ✓'v' ASSOCIATED INDEMNITY RATION ��v�`" ,"".. •• `'r� �rkcs eon rr. AMERICAN" MOBILE INS COMPAtv'Y STATE OF CALIFORN A, SS By COUNTY+OF MARIN Yi idrt�t On this 02 day of November , 2.001_ ,before mepersonafly e Harold N-. Marsh to me known,who,being by me duly sworn,did depose and say.that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals,that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WIIIiJREOR I have hereunto set my hand and affixed my official seal,the.day and year herein first above written. r KRISTIN A GAZZOLI 0 comm.#1262236 > NOTARY PUSUC-CAUFORMA MARIN 0OLWtY 0 My Comm.Expires A;xti Zit.2�4t 'i STATE OF CALIFORNIA ISS.COUNTS'OF MARIN CERTIFICATE I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and seated at the County of Marin. Dated the_ day of � ' soez� Resident Asslstant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 11°1103. , before me, rt�hAi�„ � . Z-ou Date Name and 7itte at O titer(e.g.,"Jane Doe,Notary Pubtie) personally appeared , Vn- oy-ee teaO Name(s)of s {s) personalty known to me Cl proved to me on the basis of satisfactory evidence to be the person(pj whose nae(o is/ay6 subscribed to the within instrument and acknowledged to me that V/she/trey executed the same in to/her/thOr authorized capacity(ie , and that by /her/th6ir f signature()on the instrument the person(l),or KR'$:N A.G 01-1 the enti# a on behalf of which the erson Cvfit�1.#1262235 > y p p . O; �sr v 4_ �; T, acted, executed the instrument. J ,OAFM1 C'GUN r u �+� �X>cmr, slit ' WITNESS -.�.-��.-"�-b;,,-�' y hand and official resat. Piave Notary Seat Above Signature N a u is OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or`type of Document:_�t���!a CO,0 AU4 'PIZOA �vt w►a �F, bocumen Number of Pages: Signers)Other Than Named A Capacity(ies} Claimed by Signer Signer's Name: • Individual 7crp of thumb here Q Corporate Officer—Ttle(s): _ • Partner—❑Limited ®General d Attorney in Fact El Trustee • Guardian or Conservator t_-7 Other: Signer Is Representing:4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 6,2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NOME ABSTAIN: NONE RESOLUTION NO. 20041 10 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 7679,Byron area. (District III) On October 23, 2001,this Board resolved that the improvements in Subdivision 7679 were completed as provided in the Subdivision Agreement with Centex Homes and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $8,500.00 cash deposit(Auditor's Deposit Permit No.247630,dated July 28, 1994)plus interest in accordance with Government Code Section 53079 and Ordinance Code Section 94-4.406, if appropriate to Centex Homes. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and the performance surety bond, Bond No. 11127249677 issued by the American Insurance Company, is EXONERATED. G:\orpData\EngSvc\BO\2004\0l-06-04\SUa 7679$0-60.doc I hereby certify that this is a true and correct copy of an 1D:rtn action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date Shown. Contact: Janet Dowling(313-2358) cc: Public Works Accounting,Tax I.D.75-1823810 J.Florin,M&T Lab - T.Bell,Construction ATTESTED: JANUARY 06, 2004 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board Of Supervisors Centex Homes 1855 Gateway Blvd.,Suite 650 and County Administrator Concord,CA 94520 The American Insurance Company 777 Sate Marin Drive Novato,CA 94998 By ,Deputy RESOLUTION NO.2004/ 10 ICV3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 6, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER..AND DESAUC:uNIER NOES: NONE ABSENT: NONE ABSTAIN: Neer RESOLUTION NO. 2004/ 11 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 7907, Byron area. (District III) On November 6,2001,this Board resolved that the improvements in Subdivision 7907 were completed as provided in the Subdivision Agreement with Centex Homes and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $10,392.00 cash deposit(Auditor's Deposit Permit No. 268234,dated October 17, 1995)plus interest in accordance with Government Code Section 53079 and Ordinance Code Section 94-4.406, if appropriate to Centex Homes. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and the performance surety bond, Bond No. 1114152023 issued by the American.Insurance Company, is EXONERATED. G:\GrpData\Fngsvc\Bo\20041,01-06-04\SUB 7907 B0-60.doc I hereby certify that this is a true and correct co of an iD: Y Y copy action taken and entered on the minutes of the Board of Originator: Public Works(BS) Supervisors On the date Shown. Contact: Janet Dowling(313-2358) Ii cc: Public works Accounting,Tax I.D.75-1823810 -J.Florin,M&T Lab T.Dell,Construction ATTESTED: JANUARY t6, Z ()4 Current Planning,Community Development Centex Haines JOHN SWEETEN' Clerk of the Board of Supervisors 1855 Gateway Blvd.,Suite 650 and County Administrator Concord,CA 944520 Trice American Insurance Company 777 San Marin Drive Novato,CA 94998 By Deputy RESOLUTION NO.2004/ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 6, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEKA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/12 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 7908, Byron area. (District 111) On November 6,2001,this Board resolved that the improvements in Subdivision 7908 were completed as provided in the Subdivision Agreement with Centex Homes and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $5,300.00 cash deposit(Auditor's Deposit Permit No.275888,dated April 1, 1996)plus interest in accordance with Government Code Section 53079 and Ordinance Code Section 94-4.406, if appropriate to Centex Homes. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and the performance surety bond, Bond No. 5868529 issued by Safeco Insurance Company of America, is EXONERATED. G:I,GtpData\EngSvc\BOI,2004\01-06-04\SUB 7908 BO-60.doc JD:rm, I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Janet Dowling(313-2358) cc: Public Works Accounting,Tax I.D.75-1823810 J.Florin,M&T Lab JANUARY 06, 2004 T.Bell,Construction ATTESTED: Current Planning,Community Development Centex Homes JOHN SWEETEN, Clerk of the Board of Supervisors 1855 Gateway Blvd.,Suite 650 and County Administrator Concord,CA 94520 Safeco Insurance Company of America 2800 W.Higgins Road Hofftnan Estates,IL 60195 By Deputy RESOLUTION NO.2004/12 �r l THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 6, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 13 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 7909, Byron area. (District III) On November 6,2001,this Board resolved that the improvements in Subdivision 7909 were completed as provided in the Subdivision Agreement with Centex Domes and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public 'Works Director is AUTHORIZED to refund the $4,900.00 cash deposit(Auditor's Deposit Permit No.293201,dated April 3, 1997)plus interest in accordance with Government Code Section 53079 and Ordinance Code Section 94-4.406, if appropriate to Centex Homes. BE IT FURTHER. RESOLVED that the warranty period has been completed and the Subdivision Agreement and the performance surety bond, Bond No. 5900964 issued by Safeco Insurance Company of America, is EXONERATED. G:\GrpData\EngSvc\B 7949 BO-60.doc JDrm I hereby certify that this is a true and Correct copy of an JD. Orfg action taken and entered on the minutes of the Board of Contact: Public Works (31 Supervisors on the date shown. Contact: 3anet Dowling(313-2358) 1� CC: Public Works -Accounting,Tax I.D.75-1823814 -J.Florin,M&T Lab -T.sell,Construction ATTESTED: JANUARY 06, 2004 Current Planning,Community Development Centex Homes JOHN SWEETEN, Clerk of the Board of Supervisors 1855 Gateway Blvd.,Suite 654 and County Administrator Concord,CA 94520 Safeco Insurance Company of America 2800 W.Higgins Rd. Hoffman Estates,IL 60195 By '` ,Deputy RESOLUTION NO.2004/. 13