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Home My WebLink AboutMINUTES - 02152005 - C9 s , TO: BOARD OF SUPERVISORS 0o FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: February 15, 2005 SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 99-08372, Knightsen area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 83 for Subdivision 99-08372, approving the Second Extension of the Subdivision Agreement, for project being developed by Rock Island Homes, Inc., Knightsen 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: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ROVE OTHER SIGNATURE S : ACTION OF BOArPN 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 minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown. xx UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: FEBRUARY 15, 2005 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator cc: Public Works—T.Bell,Construction Current Planning,Community Development T—12-12-05 Rock Island Homes,Inc. 18001 Cowan,Suite C By , Deputy 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, DESAULNIER9 GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 83 SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 99- 08372,Knightsen 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 99-08372.,in the Knightsen area, through February 12, 2006; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 59% ANTICIPATED DATE OF COMPLETION: 2005 ♦ REASON FOR EXTENSION: Waiting for funding and permits. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. G:\GrpData\EngSvc\BO\2005\02-15\SD 99-08372 BO-I I.doc 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 Originator: Public Works(ES) Shown. Contact: Kevin Emigh(313-2233) cc: Public Works—T.Bell,Construction ATTESTED: FEBRUARY 15, 2005 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County T—12-12-05 Rock Island Homes,Inc. Administrator 18001 Cowan,Suite C Irvine,CA 92614 Attn:Dennis V.Menke Gulf Insurance Company Deputv One State Street Plaza By New York,NY 10004 Attn:Mark Fitzgerald RESOLUTION NO.2005/83 41 SUBDIVISION AGREEMENT EXTENSION Contra Costa County Development Number: SD 99-08372 Developer: Rock Island Homes,Inc. Original Agreement Date: March 5,2002 Second Extension New Termination Date: February 12,2006 Improvement Security Security Type Security Amount Cash: $2,800.00 (1% cash, $1,000 Min.) Bond: $327,700.00 (Performance) $ 165,250.00 (Labor&Material) Bond No. (Date): BE2638210 (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. 6eDd-. I /d lb Dated: Developer's Si*oiature(s) FOR CONTRA COSTA COUNTY NA11-5 V. IVIGNVr Vr eE 146, Maurice M. Shiu,Public Works Director Printed to( NO HOIW�l By: L V 71 Developer's Signature(s) TOOA114� T �VT q Printed RECOMMENDED FOR APPROVAL: 1 09 0 0 a Wi4 N) -5&T"Ift*'E� C T R By: Address (Enginee g Services Division) Gulf Insurance Company Surety or Financial Institution One State Street Plaza New York, NY 10004 AddresA (NOTE: Developer's, Surety's and Financial.11tstitation's Signatures must be Notarized.) 4Am,ey, actf.:Attorney—In—fact Factignatur After Approval Return to Clerk of the Board Mark FitzgeZ Printed FORMAPPROVED: Victor J Westman,County Counsel 7 1► , ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California COUNTY OF Oran e On December 21, 2004 , before me, Nancy 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. NAi4CY ROBERTSON##COMM. 1330830 S ignatur w r m NOTARY r'Ui$L 1C-(,AL4URNIA 9 ORNNLt COUNYY N Commission Expires November 18, 2005 `�, ,w*' MY Comm.Exp.Nov. 18,2005 i� Bond No.BE2638210 r ALL-PURPOSE ACKNOWLEDGEMENT STATE OF California 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. NANCY ROBERTsON 4 z `Z•:Sa COMM. #1330830 NOIARY HUbLiC .AOFORNIA K ORANGE iLOUN'Ty Signature .. My Comm.Ex Nov N P 2 8, 2005 Commission Expires November 18, 2005 Bond No.BE2638210 Gulf Insurance Group SGulf 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 COMPANY ated January 6;_„2005 which said power has never been revoked and is still in full force and effect. 100� J Notary PUMP DAVID JAFFA Notary Public,State of New York No-02JA4958634 Qualified in Kings county commission Expires Nov. 13,20105 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 organizes 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 attorney(s)-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. \�SURANCE C, GULF INSURANCE COMPANY J� pRP OR4 � V F SEAL STATE OF NEW YORK SS `otiNFcI��J� COUNTY OF NEW YORK Lawrence P.Miniter 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. �t��B1 R etc` o 7 ,o G ANGIE MAHABIR-BEGAZO STATE OF NEW YORK SS . UBNotary Public,State of New York COUNTY OF NEW YORK OP NES No.01MA6019988 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 City of New York. ��SvRANCE C� Dated the 6 th day of January 920 05 J� OF1P OST � V F SEAL O,�NEC��GJ George Biancardi Senior Vice President s Gulf Insurance Group SGulf 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. f 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