HomeMy WebLinkAboutMINUTES - 02152005 - C7 r
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: February 15, 2005
SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 85-06610,
Bethel Island area. (District V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 81 for Subdivision 85-06610, approving the Second Extension of the
Subdivision Agreement, for project being developed by Rock Island Homes, Inc., Bethel Island area. (District V)
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:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S).:
ACTION OF BO ON FEBRUARY 15, 2005 APPROVED AS RECOMMENDED xx OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS minutes of the Board of Supervisors on the
X_ UNANIMOUS(ABSENT NONE )
AYES: NOES: date shown.
ABSENT: ABSTAIN:
-ID:rmATTESTED: FEBRUARY 15 2005
G:\GrpData\EngSvc\BO\2005\02-15\SD 85-06610 BO-I Ldoc JOHN SWEETEN, Clerk of the Board of
Originator: Public Works(ES) Supervisors and County Administrator
Contact: Kevin Emigh(313-2233)
cc: Public Works—T.Bell,Construction
Current Planning,Community Development
T—December 12,2005 By F , Deputy
Rock Island Homes,Inc. loor
18001 Cowan,Suite C
Irvine CA 92614
Attn:Dennis V.Menke
Gulf Insurance Company
One State Street Plaza
New York,NY 10004
Attn:Mark Fitzgerald
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 15, 2005 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKLMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/81
SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 85-
06610, Bethel Island area. (District V)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Subdivision Agreement between Rock Island Homes,Inc.
and the County for construction of certain improvements in Subdivision 85-06610, in the Bethel
Island area, through February 12, 2006;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 54%
♦ ANTICIPATED DATE OF COMPLETION: 2005
♦ REASON FOR EXTENSION: Waiting for funding and permits.
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an action taken
JD:rm and entered on the minutes of the Board of Supervisors on the date
G:\GrpData\EngSvc\BO\2005\02-15\SD 85-06610 BO-11.doc shown.
Originator: Public Works(ES)
Contact: Kevin Emigh(313-2233) ATTESTED: FEBRUARY 15, 2005
cc: Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County
Current Planning,Community Development Administrator
T—December 12,2005
Rock Island Homes,Inc.
18001 Cowan,Suite C
Irvine CA 92614
Attn:Dennis V.Menke By ,Deputy
Gulf Insurance Company
One State Street Plaza
New York,NY 10004
Attn:Mark Fitzgerald
RESOLUTION NO.2005/81
A ^
SUBDIVISION AGREEMENT EXTENSION
Contra Costa County
Development Number: SD 85-06610
Developer: Rock Island Homes,Inc.
Original Agreement Date: February 12,2002
Second Extension New Termination Date: February 12,2006
Improvement Security
Security Type Security Amount
Cash: $ 1,500.00 (1% cash,$1,000 Min.)
Bond: $ 152,500.00 (Performance)
$77,000.00 (Labor&Material)
Bond No. (Date): BE2638208 (December 17,2001)
Surety: Gulf Insurance Company
The Developer and the bonding company desire this 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: q
Dated: 0ice k
7 r- 02 -
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Deve oper's Sign re(s)
FOR CONTRA COSTA COUNTY DEM A�,Z V.
Maurice M. Shiu, ublic Works D' ctorpr• 4 fdl:::-� f-
By:
beveloper's Signature(s)
upww"W? —TH�
RECOMMENDED FOR APPROVAL: Pri ted
00 CbW#qN1 C
zkVP N r-
. 64 A 6 Lq
By: Address
(EngineAng Services Division)
Gulf Insurance Company
Surety or Financial Institution
One State Street Plaza New York, NY 10004
Addr s
(NOTE: Developer's, Surety's ani' %inanciat Ijistitutio�s's
Signatures must be Notarized.) Ad&' in Factd Si r
After Approval Return to Clerk of the Board Mark Fitzgera d, Attorney—In—Fact
FORM APPROVED: Victor J.Westman.County Counsel Printed
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CaliLornia
COUNTY OF
On December 21, 2004 before me, Nand Robertson _,personally appeared
Thomas E Johnston _ personally known to me(or proved to me on the
basis of satisfactory evidence)to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signatur
77OZERTSON
A
NANCY ROBERTSON
eNIARL1C3(;308F30COMCommission xpires November 182005 I OYeU3 ' ALIUR
NIA
ORANU C001y
My Comm.EXP.Nov 18#2005
ww
Bond No.BE2638208
1
' 1
e
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF Cali ornia
COUNTY OF Oran e
On December 21, 2004 , before me, Nancy Robertson ,personally appeared
Dennis V. Menke personally known to me (or proved to me on the
basis of satisfactory evidence)to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
t.
NANCY ROBERTSON
COMM, # 1380830
Sinature d = NUTANY tPubL+C-CALIFURNIA v
g ORANGE CUUNTY N
fly comm.Exp,Nov, 150 2005
40
Commission Expires November 18, 2005
Bond No.BE263 8208
Y
MGulf Gulf Insurance Group
One State Street Plaza
Insurance Group 9th Floor
New York, NY 10004
Phone: 917-320-4400
PRINCIPAL'S ACKNOWLEDGEMENT
INDIVIDUAL VERFICATION
State of County of
On This day of ,in the year ,before me personally came
to me known,and known to me to be the person(s)who is
(are)described in and who executed the foregoing instrument,and acknowledges to me that he(they)executed the same.
(Signature and title of official taking acknowledgement)
PARTNERSHIP VERIFICATION
State of County of
On This day of ,in the year ,before me personally came
to me known,and known to me to be the person(s)who is
(are)described in and who executed the foregoing instrument,and acknowledges to me that he(they)executed the same.
(Signature and title of official taking acknowledgement)
CORPORATE VERIFICATION
State of County of
On this day of ,in the year ,before me personally came
to me known,who,being by me duly sworn,deposes and
says that he resides in the City that he is the
of the ,the corporation described in and which executed the foregoing
Instrument,that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it
was so affixed by the order of the Board of Directors of said corporation,and that he signed his name thereto by like order.
(Signature and title of official taking acknowledgement)
SURETY COMPANY ACKNOWLEDGEMENT
State of New York ,County of New York on
this 6th day of January ,in the year 2005 ,before me personally
came Mark Fitzgerald to me known to be the individual described in and who
executed the foregoing instrument and to be the Attorney-In-Fact of GULF INSURANCE COMPANY,which is to me known to be
the corporation described in the foregoing instrument,and which,by its said Attorney-In-Fact executed the same,and said Attorney
-In-Fact duly acknowledged to me that he knows the seal of said corporation;that the seal affixed to said instrument is such
Corporate Seal;that it was so affixed by order of the Board of Directors of said Corporation;and that he executed the said instrument
as the acting deed of said GULF INSURANCE COMPANY,therein described and for the uses and purposes therein mentioned,by
virtue of a certain power of attorney executed by said GULF INSURANCE MPANY ated January 6,2005 which said power has
never been revoked and is still in full force and effect.
Notary P c
DAft JAFFA
Notary Public,
No. tate of�18W
"Yow
02JA4958634
Qualified in Kings County''-%%,
Nov, 13,2006
COmmiss+on Exoires
1
GULF INSURANCE COMPANY
HARTFORD, CONNECTICUT
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK.
KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Connecticut, having
its principal office in the city of Irving,Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors
of the said Company on the 10th day of August, 1993,to wit:
"RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a
Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact
may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of
Directors or by the Finance and Executive Committee of the Board of Directors.
RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver
or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company.
RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any
such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile
seal shall be valid and binding upon the Company in the future with respect to any bond and.documents relating to such bonds to which they are attached."
Gulf Insurance Company does hereby make,constitute and appoint
~Christine.Cahill,Mark Fitzgerald~
its true and lawful attorneys)-in-fact,with full power and authority hereby conferred in its name, place and stead,to sign,execute,acknowledge and deliver
in its behalf,as surety,any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if
any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company
and all the acts of said attorneys)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed.
The obligation of the Company shall not exceed five million (5,000,000) dollars.
IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to
be hereto affixed.
SokANCE c, GULF INSURANCE COMPANY
ORgT� �L
SEAL
STATE OF NEW YORK SS �°�N ����
EC Lawrence P.Minter
COUNTY OF NEW YORK Executive vice President
On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say:
that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described
in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order.
'L o
CD Y
STATE OF NEW YORK � �Ov6`�c� per' ANGIE MAHABIR-I3EGAZ0
SS Notary Public,State of New York
COUNTY OF NEW YORK OF NcN� No.OIMA6019988
Qualified in Kings County
Commission Expires February 16,2007
I,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached
POWER OF ATTORNEY remains in full force.
Signed and Sealed at the \�SURANCE co Dated the 6th day of January 92005
g City of New York.
J� SRP OR,q�,
SEAL
O�,NEcl�GJ
George Biancardi
Senior Vice President
l •
Gulf Insurance Group
GGutf One State Street Plaza 9tth Floor
New York,NY 10004
Insurance Group Phone:917 320-4400
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance
Act of 2002 (the "Act"). The Act establishes a short-term program under which the
Federal Government will share in the payment of covered losses caused by certain acts
of international terrorism. We are providing you with this notice to inform you of the
key features of the Act, and to let you know what effect, if any, the Act will have on
your premium.
Under the Act, insurers are required to provide coverage for certain losses caused by
international acts of terrorism as defined in the Act. The Act further provides that the
Federal Government will pay a share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused by certain acts of
terrorism that is in excess of Gulf Insurance Group's statutorily established deductible
for that year. The Act also caps the amount of terrorism-related losses for which the
Federal Government or an insurer can be responsible at $100,000,000,000.00,
provided that the insurer has met its deductible.
Please note that passage of the Act does not result in any change in coverage under
the attached policy or bond (or the policy or bond being quoted). Please also note that
no separate additional premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such coverage is
inseparable from and imbedded in your overall premium, and is no more than one
percent of your premium.
www.gulfinsurance.com