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Home My WebLink AboutMINUTES - 02012005 - 2005 RES 66 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 1, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKR11A NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 66 SUBJECT: Approving the Seventh Extension of the Subdivision Agreement for Subdivision 93- 07581, Discovery Bay area. (District III) The Public Works Director having recommended that he be authorized to execute the seventh agreement extension which extends the Subdivision Agreement between Centex Homes and the County for construction of certain improvements in Subdivision 93-07881, in the Discovery Bay area, through November 22, 2005; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: March 2005 ♦ REASON FOR EXTENSION: Warranty Period 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 JDmn and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\BO\2005\02-011SD 93-07881 BO-1l.doc Shown. Originator: Public Works(ES) FEBRUARY 0� 2005 Contact: Kevin Emigh(313-2233) ATTESTED: cc: Public Works—T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—September 22,2005 Centex Homes 2527 Camino Ramon,Suite 100 / San Ramon,CA 94583 ,/3 Safeco Insurance Company of America By Deputy Safeco Plaza Seattle,WA 98185 RESOLUTI0N NO.2005/ 66 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 93-07881 Developer: Centex Homes Original Agreement Date: April 22, 1997 Seventh Extension New Termination Date: November 22,2005 Improvement Security i Surety: Safeco Insurance Company of America i Bond No. (Date): 5900965 (March 31, 1997) Security Type Security Amount E Cash: $4,600.00 (1% cash,$1,000 Min.) i Bond: $457,400.00 (Performance) $231,000.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: I A? h7 FOR CONTRA COSTA COUNTY ve oper's Signature Maurice IV�L/Shiu,Public Wor Di C �J - By: `,, Ll,.•ti Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: Printed (En ineering Services Division) Address SAFECO INSURANCE COMPANY OF AMERICA (NOTE: Developer's, Surety's and Financial Surety or Financial Institution I'nstitution's Signatures must be Notarized.) SAFECO PLAZA, SEATT E, WA 98185 FORM APPROVED:V:cmrt.Weatmm�,Cawny Cnana.{ Addres (j l � After Approval Return to Clerk of the Board Attorney in Facts Si 0 ature ALLYSON DEAN, ATTORNEY—IN—FACT Printed STATE OF CALIFORNIA ) )SS. COUNTY OF COW 7A'1 On x/pt1f- `X 1`�, ;ZOOV before me, r/L-e t= '� =; � Notary Public,personally appeared personally known to me or _ P to be the person(s)whose name(s)is/afe subscribed to the within instrument and acknowledged to me that he/s xAficy executed the same in his/l-ierAheir authorized capacity(its),and that by his/her4eir signature(v)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instruments. WITNESS my hand and official seal SIG ATURE OF NOTERY UBLIC (SEAL) JULIE C. CARPE COMM. 1480120 NNO�T�ARRYpPUBLIC•CACOSTA �L�IF�O�RNNIIA �T3 Cc rrm 2008 i ACKNOWLEDGMENT BY SURETY { 4 STATE OF Texas County of Dallas i Can this ,, day of 2004 before me personally appeared A![yson Dean known to, me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA the corporation l that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,the day and year in this certificate first above written. 44. -- -/ Deborah Griffith Notary Public in the State of Te 1 (Seal) Notary Public,State of Taos county of Dallas I w * MY Comm.Expires bU23/ft7 o��• F � I S•0230/GEE'r 10199 r3i �+-+ POWER SAFECO INSURANCE COMPANY OF AMERICA ► S A F E C O- CSF ATTORNEY G OFFICEENEAINSUR SAFECO PLAZA COMPANY OF AMERICA SEATTL€,WASHtNOTON $6185 No. 7396 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL.INSURANCE COMPANY OF AMERICA,each a WashirVon corporation,does each hereby appoint "'""LAWRENCE W WALINE,CARMEN MIMS;BRIAN M IJJIOW;DEMORAII GRIFFITH,ALLYSON DEAN.BRIDc)t:i'l'E S.JACKSON,Dallas,Texas•'•••" its true and lawful attorneys)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business.and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this loll, day of April 2003 CHRISTINE MEAD,SECRETARY � MIKE MCGAVICK,PRESIDENT CERTIFICATE Exiracl from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V.Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vtce President appointed for that purpose by the officer in charge of surety operations,shalt each have authority to appoint individuals as attorneys-in-fact or under other appropriate tities with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seat shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1974. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V.Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Christine Mead.Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the lower of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation thisK day of �� ,�G•� SEAL SEAL 1953 ' In y�r 4* CHRISTINE MEAD,SECRETARY S 09741SAEF 2101 0 A nwpwrWW Vedem &of SAFECO Cwwatim 0411012003 POF TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: February 1, 2005 SUBJECT: Approving the Seventh Extension of the Subdivision Agreement for Subdivision 93-07881, DiscovLrz By area. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20051 66 for Subdivision 93-07881, approving the Seventh Extension of the Subdivision Agreement, for project being developed by Centex Homes, Discovery Bay area. (District III} FISCAL IMPACT: None, BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer,Centex Homes,has not completed the guarantee performance period and the Subdivision Agreement needs to be renewed. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement will not be renewed. Continued on Attachment:— SIGNATURE: 7 COMMENDATION M COUNTY ADMIN ,,,._RECOMMENDATION OF BOARD COMMITTEE _,,APPROVE VE OTHER 'b SIGNATURES : mom ACTION OF BD ON FEBRUARY 01,, 2005 APPROVED As RECOMMENDED XX COTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE of S�,'PBRVISC3R5 minutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT` NONE ) date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: FEBRUARY 01, 2005 Jn:rm JOHN SWEETEN, Clerk of the Board of G:\crpData\,ngSvc\BO\2005,02-01\SD 93-07881 BO-11.doc Supervisors and County Administrator Originator: Public Warks($S) Contact: Kevin$migh(3I3-2233) ec: Public Works—T.Bell,Construction Dy : , Deputy Current Planning,Community Development T—September 22,2005 Centex Homes 2523 Camino Ramon,Suite 100 San Ramon,CA 94583 Safeco Insurance Company of America Safeco Plaza Seattle,WA 98185