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Home My WebLink AboutMINUTES - 10262004 - C10 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 26,2004 SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping) on Bixler Road, Subdivision 00-08456. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION($): ADOPT Resolution No. 2004/ 574 for Subdivision 00-08456, accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping)on Bixler Road,being developed by Pacific/Bowie-Tracy II, Byron area. (District III) FISCAL IMPACT: There is no impact to the General Fund. The County has not funded any of the improvements related to this action. The improvements were constructed by the developer with oversight by the County. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): Conditions of Approval for this subdivision required the installation of road improvements, including the construction of landscaped median islands. The developer has complied with these conditions. CONSEQUENCES OF NEGATIVE ACTION: If the action is not approved, the County will not assume maintenance of the landscaping and will require the reversal of landscape district annexation. Continued on Attachment:_ SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE _ PROVE _ THER SIGNATURES ACTION OF BO , ON OCTOBM 26, 2Q04 APPROVED AS RECOMMENDED xx _OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the G:\GrpData\EngSvc\BO\2004\10-26-04\SD 8456 Order L.doc Otig.Div: Public works(ES) Board of Supervisors on the date shown. Contact: Frank Navarro(313-2264) cc: Public Works -T.Bell,Construction Div. M.Valdez,M&T Lab -H.Finch,Maintenance Div. 1.-TBerger ,Mapping April 26,2005 D1°. ATTESTED: OCTOBER 26, 2004 CITY c/oaAl JOHN SWEETEN, Clerk of the Board of CSAA—Cartog PacifidBowie-Tracy 11 Supervisors and County Administrator Attn:David Powell One Corporate Plaza,2n4 Floor Newport Beach,CA 92660 American Motorists Insurance Co. 7470 N.Figueroa r Las Angeles,CA 90041 By �.'' , Deputy Asch Insurance Company Aun-Patricia White 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 $Ui �fi'.""`'' l11111!llllllllllllllllllllllllllllllllllillull CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Contra Costa County DOC_ 2004_0412149-00 Board of Supervisors Return to: Wednesday, OCT 27, 2004 14:05:13 Public Works Department FRE $0.00 A4 �} Engineering Services Division Tt l Pd $0.60 Nbr-000239$$ lrc/R9/1-13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA. Adopted this Resolution on October 26, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ 574 SUBJECT: Accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping) on Bixler Road for Subdivision 00-08456, Byron area. (District III) The Public Works Director has notified this Board that the improvements in Subdivision 00- 08456 have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping) with Pacific/Bowie-Tracy IL heretofore approved by this Board in conjunction with the filing of the Subdivision Map. CL:rm 0:1GrpData\E,ngSvc\BO\2004\10-26-041SD 8456 BO-45 L.doc Originator: Public Works(ES) Contact: C.Lau(313-2293) Recording to be completed by COB I.D.33-0739602 CC., Public Works T.Bell,Construction Div. M.Valdez,M&T Lab I hereby certify that this is a true and correct copy of an H.Finch,Maintenance Div. I.Bergeron,Mapping Div. action taken and entered On the minutes Of the Board of T—April 26,2005 Supervisors on the date shown. Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog ATTESTED: OCTOBER 26, 2004 Pacific/Bowie-Tracy 11 Attn:David Powell JOHN SWEETEN, Clerk of the Board of Supervisors and One Corporate Plaza,2""Floor County Administrator Newport Beach,CA 92660 American Motorists Insurance Co. 7470 N.Figueroa Los Angeles,CA 90041 Arch Insurance Company By , Deputy Attn:Patricia White 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 RESOLUTION NO.2004/ 574 SUBJECT. Accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping)on Bixler Road for Subdivision 00-08456,Byron area. (District III) DATE. October 26, 2004 PAGE. 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of October 26,2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement(Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF BANK/SURETY September 10, 2002 American Motorists Insurance Co. BE IT FURTHER RESOLVED the payment(labor and materials) surety for$117,200.00, Bond No. 3SM04686500 issued by the above surety be RETAINED for the six month lien guarantee period until April 26, 2005, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the right-of-way landscaping improvements on Bixler Road are ACCEPTED AS COMPLETE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$2,400.00 cash deposit(Auditor's Deposit Permit No. 387891, dated June 11, 2002)made by Pacific/Bowie-Tracy II,the performance/maintenance surety for$232,000.00,Bond No. 3 SM04686500 issued by American Motorists Insurance Co.,and Bond Endorsement(Rider)No. SU6000616, which reduces the performance/maintenance surety to $32,760.00, issued by Arch Insurance Company, be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. ARCH TNgT T-P ).NICE COMPANY Bond Number : SU 6400616 FORMERLY 3SM04686500 .SERVIENT To be attached to and form a part of SUBDIVISION Bond, issued by the undersigned company, as Surety on behalf of PACIFICiBOWIE-TRACY H as Principal, in favor of COUNTY OF CONTRA COSTA as Obligee, Effective AUGUST 3, 2004, the Principal and the Surety hereby agree to amend the attached bond as follows: Surety Hereby Changed from American Motorists Insurance Company to Arch Insurance Company All else remains the same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached Bond, and in no event shall be cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED, SEALED, DATED: AUGUST 4, 2004 PACIFIC/BOWIE-TRACY II Arch Insurance Company (Principal) �( y: By: DENNIS M. BERRYMAN PATRICIA. M. WHITE, Attorney In Fact COUNTY OF CO COSTA {Obligee} By: Obligee:Pie A�sigrdorsement a return to our office. Endorsement Number: DIRECT CORRESPONDENCE TO: ARCH CONTRACTORS&DEVELOPERS GROUP, 135 N.LOS ROBLES AVE.,#625, PASADENA, CA 91101 PHONE(626)639-5200•FAX(826)639-5210 110 ARCH INSURANCE COMPANY Bond Number : SU 6000516 REPLACES BOND #3SM04686500 ENDORSEMENT To be attached to and farm a part of SUBDIVISION Bond, issued by the undersigned company, as Surety on behalf of PACII'IC/BOWiE-TRACY II as Principal, in favor of COUNTY OF CONTRA COSTA as Obligee, Effective AUGUST 3, 2004, the Principal and the Surety hereby agree to amend the attached bond as follows: REDUCE BOND AMOUNT FROM.- ($232,000. 00) TWO HUNDRED THIRTY THREE THOUSAND & NO1100. Ngy1fiND AMOUNT: ($32, 760.00) THIRTY TWO THOUSAND SEVEN HUNDRED SIXTY & All else remains the same. Provided that the liability under this endorsement shall be part of, and not in addition to, the liability under the attached Bond, and in no event shall be cumulative. Nothing herein contained shall vary, alter or extend any of the provisions, conditions, or other terms of this bond except as above stated. SIGNED,SEALED,DATED: August 4,2004 PACIFIC/BOWIE-TRACT'II Arch Insurance Company (Principal) (Surety) �3 By: By: � k DENNIS M. BERRYMAN PATRICIA M. WHITE, Attorney In Fact COUNTY 0 ONTRA COSTA (Obligee) By: _ \ Obligee: PI sign en rsement and return to our office, Endorsement Number: I DIRECT CORRESPONDENCE TO: ARCH CONTRACTORS&DEVELOPERS GROUP, 135 N.LOS ROBLES AVE.,#825,PASADENA,CA 91101 i PHONE(626)535-01855•FAX(626)535-0875 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On AUGUST 4 2004 before me TIMOTHY D. FRANK NOTARY PUBLIC personally appeared PATRICIA M. WHITE Z personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence the person(R)whose name(al is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 4,ris/her/t.Keir rlMp,Fit authorized capacity(lo&), and that by tm/heritheiir Conm4ft t#•1"3101 signature(e)on the instrument the person(a), or the 'Notary Pubk-canaffft entity upon behalf of which the person(s�acted, executed the instrument. WITNE S my hand and official 5eal. Notary Public Seal SIGN URE OF NOTARY 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. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: BOND RIDER DOCUMENT DATE: AUGUST 4.2004 CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: PATRICIA M. WHITE Signer's Name N/A []INDIVIDUAL ❑INDIVIDUAL ❑CORPORATE OFFICER ❑CORPORATE OFFICER Title(s) Title(s) ❑ PARTNER(S)7 LIMITED ❑ GENERAL ❑ PARTNER(S)7 LIMITED ❑ GENERAL ATTORNEY-IN-FACT ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ GUARDIAN/CONSERVATOR ❑ OTHER: ❑ OTHER: Signer Is representing: Signer is representing: NAME OF PERSON(S)OR ENTITY(IES) NAME OF PERSON(S)OR ENTITY(fES) ARCHINSURANCE COMPANY POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Michael J. Colzani, Paul C. Hughes,and Patricia M.White of South Coast Metro, CA(EACH) Its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds.In order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time, The execution of such bonds and undertakings in pursuance 'of these presents shall be as;binding upon the said Company as fully.and.-amply to all intents,and,purposes, as if the same had 661a d01executed and acknowledged by its �. . regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are ,hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any,Vice president, or their appointees designated In writing and filed with the Secretary, or the Secretary shall have the power and authority to'appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous,consent of the Board of Directors of the Company.on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 18 day of July ' 2003 Arch Insurance Company Attested and Certified v�once Ca t� 7I 1 9 7977 �ItiOit(1 - . Joseph S. 1-4dl,Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa S. Gilligan, a Notary Public,do hereby certify that Thomas P. Luckstone and Joseph S. Labels personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein sat forth. OFFICIAL SEAL MELISSA B,t UjGAm,.Notary puw swe of conrockutMy Melissa . Gills an, Nota Public Caen ExpkesFebru!g 26, ' My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 18-2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is In full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone, who executed the Power of Attorney as Vice President, was on the date of execution,of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto s ibscribed my name and affixed the corporate seal of the Arch Insurance Company on this Lj L*— day of ,20 . Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. �yconce C r � [ORPORk7E '.� SRAt ;� ris,a��l Home Office: Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange i' October 2004 Julie Edmiston On before me, Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public") personally appeared Dennis M. Berryman Name(s)of Signer(s) C personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized �- — — capacity(ies), and that by his/her/their JULIE E MWM signature(s)on the instrument the person(s), or Conunkslon" t463463the entity upon behalf of which the person(s) Notary PubNc acted, executed the instrument. Orange County MV Cam.Evilim Doc & WITNESS my han d official seal. Place Notary Seat Above Signature of Notary Public OPTIONAL � IN 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. l i Description of Attached Document Title or Type of Document: i i Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ individual Top of thumb here L. 1 Corporate Officer—Title(s): ❑ Partner—❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �I 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 99313-2492•www.nationalnotary.org Prod.No.5907 Reorder.Cab Toll•Free 1.800-878-8827 Recording Requested by: CONTRA COSTA Cc Recorder Office STEPHEN L. WEIR, Clerk-Recorder First American Title Guaranty Co. (SOC-- 2001-0345487-00 Acct 6- First American Title When Recorded Mail To: 1 Friday, NOV 09, 2001 M00:00 Pacific/Bowie-Tracy MIC $1.00 M00 $4.00 R6C $8.00 Y TCF $3.00 One Corporate .Plaza -Tt 1 Pd $16.00 Nbr-00006105946 Newport Beach, CA 92660 maw/R2/1-4 ATTN: Stephen & Bowie STATEN F_ T OF PARTNERSHIP AUTHORITY TITLE OF DOCUMENT THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION. (GOVT. CODE 2736L6) (Additional recording fee applies) 3454tit 4-Ilk z } y SECRETARY OF STATE 1, BILL JONES, Secretary of State of the Mate of California, hereby certify. That the attached transcript of page(s) was prepared by and in this office from the record on file, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF,, I execute this certificate and affix the Great Seal of . the State of California this day of t CBCT 20a1 � �4 4� k }fir ',�n.• a Secretary of State t i+ Sec/State Form CE•108(rev.6198) gate of catifunic d+ V ectetary of tate Form GP-1 0144,0.0" 33 1tt JO nes STATEMENT OF PARTNERSHIP AUTHORITY IMPORTANT— Read instructions on back before completing form. NAME OF PARTNERSHIP Pacific/Bowie-Tracy II :. STREET ADDRESS OF CHIEF EXECUTIVE OFFICE CITYISTATE/COUNTRY ZIP CODE One Corporate Plaza Newport Beach, CA 52660 STREET ADDRESS OF A CALIFORNIA OFFICE,IF ANY CITY ZIP CODE One Corporate Plaza Newport Beach CALIFORNIA 92660 A. LIST THE FULL NAMES AND MAILING ADDRESSES OF ALL PARTNERS OR: B. STATE THE FULL NAME AND MAILING ADDRESS OF AN AGENT APPOINTED(ATTACH ADDITIONAL PAGES,IF NECESSARY) AND MAINTAINED BY THE PARTNERSHIP WHO WILL MAINTAIN A LIST OF THE NAMES AND MAILING ADDRESSES OF ALL PARTNERS. NAME: Pacific Development Group II, a NAME: California general partnership ADDRESS: One Corporate Plaza ADDRESS: CITY: Newport Beac?ITATEICOUNTRY: CA ZIP CODE: 92660 CITY: NAME Stephen R. Bowie, Trustee of the STATE/COUNTRY: Stephen Bowie family Trust ZIP CODE: ADDRESS: One Corporate Plaza cITY: Newport BeaChTATE/COUNTRY: CA ZIP CODE: 92660 NA7 F.O< 'OF ALL, PARTNERStiAL KO.Fit'Zt?CA`F.3''EXECUTE"-fht'STRUMENT5 TRANSFERRING REAL PROPERTY HELD IN THE NAME OF THE.:PARTNERSHiP (ATTACH D01FfPJNkL.PAGE%,,4 NECESSARY) PARTNER NAME. Stephen R. Bowie, Trustee PARTNERNAME: ',Pacif.iC D"ev,e op ent-..Croup, 11 PARTNER NAME: of the Stephen Bowie Family Trust PARTNER NAME: a California general partnership PARTNER NAME: PARTNER NAME: OTHER MATTERS,IF ANY. (ATTACH ADDITIONAL PAGES,IF NECESSARY) NUMBER OF PAGES ATTACHED,IF ANY: I I DECLARE UNDER PENALTY OF PERJURY UNDER,THE LAWS OF THE STATE OF CALIFORNIA THAT THE For Secretary Of State Use FOREGOING IS TRUE AND CORRECT. 302) 000048029 .2/7/a o FILE# *TURF PARTNER DATE EXECUTED DOCL)MEtJT# Stephen R. Bowie, Trustee of Orange Canty, California �tVR PJNT NAMEnen OfOW eEg�'amily Trust COUNTY AND STATE EXECUTED --g the Office of"aSe Secretary of State SIGNATURE OF PARTNER DATE EXECUTED of the State of Califomia See attached FEB 14 2000 TYPE OR PRINT NAME OF PARTNER COUNTY AND STATE EXECUTED RETURN TO NAME Dennis M. Berryman ADDRESS: One Corporate Plaza CITY. Newport Beach STATEICOUNTRY. CA / USA ZIP CODE: 92660 d454S7 ATTACHMENT TO STATEMENT OF PARTNERSHIP AUTHORITY FOR PACIFIC/BOWIE- TRACY li Continuation of Item No. 8 >Pacific'Development Group li, a California general partnership By: D.6 n��VM Berryman, Trustee Date Executed >.».,,. of the Berryman Family Trust By: Arn K. �gman, Trustee Date"Eecuted of the Am K. Youngman Trust Orange County California County and state Executed 5020000480209 O0 0f 00GUMEt" F-Op