HomeMy WebLinkAboutMINUTES - 01162007 - C.02 C'
TO: BOARD OF SUPERVISORS �--:� ;�,, , _ Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR gEv=- Costa
a 34 :
DATE: January 16 2007
r� tato County
SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 01-08536,for project
being developed by Discovery Builders, Inc., Martinez area. (District II)
SPECIFIC'REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S).:
ADOPT Resolution No. 2007/020 for Subdivision 01-08536,approving the Third Extension of the Subdivision
Agreement, for project being developed by Discovery Builders, Inc., Martinez area. (District II)
FISCAI. IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has not completed the improvements and Subdivision Agreement has expired.
CONSEQUENCES OF NEGATIVE. ACTION:
The Subdivision Agreement guaranteeing completion of the improvements will not be renewed.
Continued on Attachment: L/ SIGNATURE: KA �L7'4-�
_✓IIECOMNIENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_-,-AT PROVE OTHER
SIGNATURES :
ACTION OF B2D ON APPROVED AS RECOMMENDED OTHER
vo le'o SUPERVISORS I Hereby certify that this is a true and correct
Y UNANIMOUS(ABSENT m77l-- ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
LC:%z
G:\EnoSvc`,130`,,?007,01-16.130-11 SD 01-8536.doc
ATTESTED: ,Zeid�
Originator: public Works(FS)
Contact: S.Gospodchikov(313-2316) JOHN CULLEN, Clerk o e Board of
Bond No-Darr:104208763(November 18,2003)
Supervisors and County Administrator
cc: Public Works—Construction
Current Planning,Contmwtity Development
T-October 16.2008
Discovery Builders,luc. B ��, Deputy
4061 Port Chicago 14wy. Y p Y
Concord.CA 94520
Atui:Karl Schaefer
Travelers Casualty and Surety Company of America
100 Calitomia Street,Suite 300
San I-rancisco,CA 94111
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 16, 2007 by the following vote:
AYES: Gioia, Ljilkenia; Bonilla,
Glover :and Piepho
NOES: None
ABSENT: None
ABSTAIN: None .
RESOLUTION NO. 2007/ 020
SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 01-
08536, for project being developed by Discovery Builders, Inc., Martinez area.
(District II)
The Public Works Director having recommended that he be authorized to execute the third
agreement extension which extends the Subdivision Agreement between Discovery Builders, Inc.
and the County for construction of certain improvements in Subdivision 01-08536, in the Martinez
area, through December 16, 2008;
o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 97%
♦ ANTICIPATED DATE OF COMPLETION: February 2007
o REASON FOR EXTENSION: Punch list items not complete
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
I_C:vz I hereby certify that this is a true and correct copy of an action taken
G:`•l-ii Svc 130`'_007`.01-IG`•.130-11 SD 01-8536.doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) shown.
Contact: S.Gospodchikov(313-2316)
Bond No'Date: 104208703(November 18,2003) ATTESTED: /(, OCA/
cc: Public works-Construction JOHN CULLEN, Clerk oPtWe Board of Supervisors and County
Current Plannin„Community Development
T—October 16,2008 Administrator
Discovery Builders,Inc.
4061 Port Chicago Hwy.
Concord,CA 94520
Aon:Earl Schaefer By ,Deputy
Travelers Casualty and Surety Company of America
100 C'alitoniia Street.Suite 300
San Francisco.CA 94111
RESOLUTION NO.2007/ ��
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: SD 01-08536
Developer: Discovery Builders, Inc.
Original Agreement Date: December 16, 2003
Third Extension New Termination Date: December 16, 2008
Improvement Security
Surety: Travelers Casualty and Surety Company of
America
Bond No. (Date): 104208763 (November 18, 2003)
Securitv Tvpe Securitv Amount
Cash: $ 15,900.00 (10/. cash, $1,000 Min.)
Bond: $ 1,571,300.00 (Performance)
$ 793,600.00 (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: Dated:
FOR CONTRA COSTA COUNTY De oper's Signature(s)
Maurice . Shiu, Public Works Director
Al6 r-1' �: no .� lipres-,den-I.-
By: Printed
mat)
Developer's Signature(s)
RECOivlitill Nr`ED FOP. AkPPROVAL:
(�`�,'�" Pr-t5:c�en'1-
By: e� Printed
(Engineerin r ervices Division)
1q06( Port CF,i c^Sa Hwy. S+c H 6,ncerd
Address
Travelers Casualty and Surety
Company of America
(jYOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 100 California Street, Suit 39G
San Francisco, California 4 ii.i 1.
FORM APPRuVEDVic-J W'aonun,0—tv Counsel Addres ..
Ater;l pproval Return to Clerk o(the Roam!
Attorn Facts 01ature
Bradley N. Wright, Attorney--fni-_Fact_
Printed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State ofQ\ ,�.0 0PTIONAL SECTION
Countyof ���'`C��� 1�yS r CAPACITY CLAiMED BY SiGNER
On �� before file,_ Ste.. �C A--ok--J Though statute does not require the Notary to fill
)Al t: TAME.ell'A:OF OFFICER H.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to
`,� 1 --M:- persons relying on the document.
personally appeared �\l�� �G �. ���� �
NAME(S)OFSIGNER(S) 7 ❑ INDIVIDUAL
Yersonally known to me-OR--1❑ provided to file on the basis of satisfactory evidence to �j ❑ CORPORATE OFFICER(S)
be the person(s)whose nanmc(s)is/arc subscribed TITLE(S)
to the within instrument and acknowledged to
"r' •-`'��'-' "" '"�'` ' "�°��' ( me that he/she/they executed the same in ❑ PA IZTNER(S) E
l P ❑ LIMITED
D. PglYM ES his-1mer/their authorized capacity(ics),and that by C ❑ GENERAI_
a COMM. #1558733 m his/her/their sion:lture(s)on the instrument tllc J ❑ ATTORNEY-iN-FACT
NOTARY PUBUC-CAUFORNIA 'p person(s)or the entity upon behalf of which the :1 ❑ TRUSTEE(S)
V' CONTRA COSTA COUNTY person(s)acted,executed the instrument.
J ❑ GI.JARDIAN/CONSERVATOR
My Comm.Expires M::rch 13.2009
"'�'r���--ae.•.'•.o..,.�„s.�.� �SIGNATURF
ieial s 31.
❑ OTHER:
SIGNER IS REPRESENTING:
TARY I NAME OF PERSON(S)OR ENTI I Y(IES)
L❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
"THIS CERTII-,IC.ATE MUST 13F ATTAC.'IIED 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
reattachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required oil documents must comply with the following to be acceptable to Contra Costa County.
I. 1~OR 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.
II. SiGNATURL•S FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. 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 Board
(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
Ifsi,natures 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 ofthe type in question is required. A currently valid
power of attornev, notarized, will stiff-ice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
11 ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Statc ofa`�`�C\��- OPTIONAL SECTION
Count"'of CO l
'�" 0._ COS \ CAPACITY CLALMED BY SIGNER
On V, before me, ��.(�� 1�—S Though statute does not requite the Notary to till
DAT NAME,TITLE OI:OFFFFIC�E,R E.G.."JANE DOE,N1OTARY PUBLIC" in the data below,doing so may prove invaluable
C-APersonally appeared —a � \�1 . C Vy \C,_ to persons relying on the document.
NAME(S)OF SIGNER(S) C ❑ INDIVIDUAL
ersonally known to me-OR-..7❑ provided to me on the basis of satisfactory evidence to ❑ CORPORA"I'E UFFICI R(S)
be the person(s)whose namc(s)is/are subscribed Til LE(S)
to the within instrument and acknowledged to
a me that he/she/they executed the same in - ❑ PARTNER(S) 71 ❑ LIMITED
D. PAhffFIES
G; his/her/their authorized capaeity(ies),and that by � ❑ GENERAL
t1 OOMM. #1558733 m his/her/their signalure(s)on the instrument the C ❑ ATTORNEY-IN-FACT
M"• NOTARY PUBLIC-CAUFORNIA "10 person(s)or the entity upon behalf of which the r ❑ TRUSTEE(S
(j CONTRA COSTA COUNTY person(s)acted,executed the instrument. )
My Comm.Expires March 13 2009 L ❑ GUARDIAN/CONSERVATOR
='S my hand and ott'cial seal L- ❑ OTHER:
SIGNER IS REPRESENTING:
Sicw,4TURE OF NOTARY (NAME OF PERSON(S)OR ENTITY(IES)I .
10 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL,SECTION
TI IIS CERIIFICAIT MIDST BE ATTACHED Title or Type of Document
TO TIME DOCUMENT AT RIGI IT. 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)Oilier 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.
Sionatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be sioned exactly as it is typed or printed.
II. 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.
III. 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)Tile Chair of the Board
(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:
..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Slate of'C:alifornia
County of San Francisco
On November 15, 2006 before me, Carol B. Henry,Notary Public
personally appeared---------------------------Bradley N. Wright-----------------------------
0 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.
CAROL B.HENRY WITNESS my hand and official seal.
6Commission*1684406
Notary Public-C01110rnia
San Francisco County
1MV Comm.Expires Jul 28.2010
Signature of otary
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
STPAUL POWER OF ATTORNEY
TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surely Company
Seaboard Surely Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 215711 Certificate No. 000529302
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that
the Companies do hereby make.constitute and appoint
Carol B. Henry, Bradley N.Wright,William Phillips Jr., and Tiana Shaw
of the City of San Francisco State of California their true and lawful Attorneys)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds.recognizances.conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons.guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pe.r.mitiedlin an,actions or.proceedings allowed by law.
N11' � � 20th
IN WITNESS WHEREOF.the Comp' ' shave rinsed this instrument to bcsigncd'ind thcir•corporatc seals to be hereto affixed,this
day of April '?�b6 xYy,
Farmington Casualty Company y �g�l Sl.Paul Guardian Insurance Company
Fidelity and GuarantAlinsurQcU(, panyA.)� St.Paul Mercury Insurance Company
Fidelity and Guaranty ins u"ranee Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surely Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
G AS U,�� StNfly `VAR!6 �*N_�NSv ''�.'NS.q.4 'QTY ANO Suq fJStYAII�
p�yoc'F•ogfrwlt Cr ............
S t7 Ct N`^�rWlttU Z m �!=�POryRA�C�m IW`'C�FPONAlf�oi �! �� ,W
e l 9 e z o ,977 twtlwao. ruat>ori t
° S a 195 NrO c �t.SE(lLolJ SBAL;n CONN. eo COw1. ` 1896
State of Connecticut By:
City of Hartford ss. ge I ontpson.Sen r Vic
C. ur \V President
20th April 2006
On this the day of , before me personally appeared George W.Thompson,who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters:
Inc.,Seaboard Surety Company.St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company.Travelers
Casualty and Surety Company.Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.and that he,as such,being
authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
eo
in Witness Whereof,I hereunto set my hand and official seal. W w� 0,My Commission expires the 30th day of June,2006. % Marie C.Tetreault.Notary Public
58440-9-05 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company.
St. Pat]] Guardian Insurance Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company.Travelers Casualty and Surety Company of
America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect•reading as follows:
RESOLVED,that the Chairman,the President.anv Vice Chairnian,any Executive Vice President,any Senior Vice President,any Vice President.any Second Vice
President.the"Treasurer,any Assistant Treasurer,the Corporate Secretary or any-Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such app6inlee'Such authority as his or her certificate of authority may prescribe to Sign with the Con\p:my'S name and Seal with the
Company's seal bonds,recognizanccs,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given hint or her',and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman.any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary:and it is
FURTHER RESOLVED.that any bond.recognizance.contract of indemnity,or writing obligatory in the nature of a bond,recognizance•or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice Presideni.any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary and duh'attested and sealed with the
Company's Seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by Linc or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President.any Vice President,
any Assistant Vice President.any Secretary.any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing.Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Pact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such power of attorney Lir certificate bearing such facsimile si nature orfacsimile seal shall
be valid and binding upon the Company and any Such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I.Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company.Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance
Company,Travelers Casualty and Surety Company.Travelers Casualty and Sw }�`Compa nv- Mme�\\:and United States Fidelity and Guaranty Company do hereby
certifv that the abo%c and foregoing is a true and correct copy of the Power 6f� ttonr ey-executed by!Qd\> ornpanies,which is in full force and effect and has not been
revoked.
iom 15th November _
IN TESTIMONY WHEREOF,1 have hereunto set my hand and�tFti�`t,�years of s��Cyrmpanies this day of _,-)006.
.,
U i
Kori M.Johans\ Assistant Secretary
i
Cr,su,,� p!•!m SUAFry F\REa *M IMSG •"'NSU,.', R,Trnpo
�{,ORPOR �m W:GORPyk4lf.01 HP 9'."
IYt4Z 0 '� 1977 1927 ""� �t a: HARTFORD, s ruatFe 4 a MQ06'�
1951 NCO 4�� ' �..3EA1, �,`:.SEAL�a CONN. �CONi. :$ N 1893
S a ! gni' YO'- c•x 1\\^' '`aj-1 '' ... a' O1* b
r1 �„
To verify the authenticity of this Power of Attorney.call 1-800-421-3880.or contact US at wwwstpaultravelersbond.com.Please refer to'the Attorney-in-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER