HomeMy WebLinkAboutMINUTES - 01162007 - C.02 (2) TO: BOARD OF SUPERVISORS �—- �---��' Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR – 'a Costa
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DATE: January 16, 2007 °os
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cA County
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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)
FISCAL 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: SIGNATURE: �-
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
_,eCf'PROVE OTHER
SIGNATURE(S)-
ACTION
IGNATURES :ACTION OF BDON APPROVED AS RECOMMENDED OTHER
�7
Vo OF SUPERVISORS I hereby certify that this is a true and correct
y UNANIMOUS(ABSENT /f/0771-- copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
LC:vz
G:\EngSvc\BO\2007\01-16\BO-I l SD 01-8536.doc
Originator: Public Works(ES) ATTESTED:
Contact: S.Gospodchikov(313-2316) JOHN CULLEN, Clerk o e Board of
Bond No/Date:104208763(November 18,2003)
Supervisors and County Administrator
cc: Public Works—Construction
Current Planning,Community Development
T—October 16,2008
Discovery Builders,Inc.
4061 Port Chicago Hwy. By `, Deputy
Concord,CA 94520
Atm:Karl Schaefer
Travelers Casualty and Surety Company of America
100 California Street,Suite 300
San Francisco,CA 94111
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 16, 2007 by the following vote:
AYES: Gioia,Uilkema, 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;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 97%
♦ ANTICIPATED DATE OF COMPLETION: February 2007
♦ REASON FOR EXTENSION: Punch list items not complete
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
LC:vz I hereby certify that this is a true and correct copy of an action taken
G:\EngSvc\BO\2007\01-16\130-11 SD01-8536.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:104208763(November 18,2003) ATTESTED: \4 '7 •-r���'y �� oZQ-D
cc: Public Works—Construction JOHN CLTLLEN, Clerk of,44 Board of Supervisors and County
Current Planning,Community Development
T—October 16,2008 Administrator
Discovery Builders,Inc.
4061 Port Chicago Hwy.
Concord,CA 94520
Attn:Karl Schaefer By ,Deputy
Travelers Casualty and Surety Company of America
100 California Street,Suite 300 if
San Francisco,CA 94111
RESOLUTION NO.2007/ 020
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)
Security Type Security Amount
Cash: $ 15,900.00 (1% 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: /2— if"0li� Dated: 6- O
FOR CONTRA COSTA COUNTY De oper's Signatures)
Maurice . Shiu,Public Works Director
By: Printed
V ,
Developer s Signature(s)
RECOMMEN ED FOR APPROVAL: r
x tua-lO�'G N. Gvv Iat �i�- PreS:�enf
By: v +moi �Y Printed
(Engineerin ervices Division)
Hob( Port Ch-,c.^Sv HWy, S++c H, Concord
Address
Travelers Casualty and Surety
Company of America
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 100 California Street, Suit 300
San Francisco, California iil
FORMAPPROVED.VictorJ.Wes ,County Counsel Addres
After Approval Return to Clerk of the Board _
Attorn Facts Yature
Bradley N. Wright, Attorney—in—Fact__
Printed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of C a\ nuc eu oma- OPTIONAL SECTION
County of 1Q_(31�\AV4C(X_ ysA_0� CAPACITY CLAIMED BY SIGNER
On I before me, CAX�i\- , Though statute does not require the Notary to fill
DATEJ
NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC- in the data below,doing so may prove invaluable to
personally appeared a\1.7� _1D. Sk R-X-,n =:- persons relying on the document.
NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL
❑ rsonally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are subscribed TITLE(S)
to the within instrument and acknowledged to
me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED
.:: D. PANT LES Ihis/her/their authorized capacity(ies),and that by El GENERAL
a COMM. #1558733 m his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT
m NOTARY PUBLIC_ FORNIA, "D person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S)
O NJTRA OOSTA muNTY — person(s)acted,executed the instrument.
a My Comm Do�Mach 13 200. 11 ❑ GUARDIAN/CONSERVATOR
` "° hand official s al, ❑ ❑ OTHER:
SIGNER IS REPRESENTING:
SIGNATURE OF NOTARY {
NAME OF PERSON(S)OR ENTITY(IES))
❑❑ 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 CERTIFICATE MUST BE ATTACHED 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
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
1. FOR 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.
11. 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)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
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 ACKNOWLEDGEMENT
State of a\ � ��� OPTIONAL SECTION
County of Q_c) �`�c\�� �S ` CAPACITY CLAIMED BY SIGNER
On �, `! before me,� • 1�" R LR-S Though statute does not require the Notary to fill
DAT \NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC- in the data below,doing so may prove invaluable
personally appeared �Gl\��l''CV V1 . C\A -(3�(>— to persons relying on the document.
NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL
)II-personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are subscribed TITLE(S)
to the within instrument and acknowledged to
D PES me that he/she/they executed the same in 11 PARTNER(S) El LIMITED
his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL
CL OOMM. #1558733 CO his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT
f� NOTARY PUBLIC-CAUFORNIA 'D person(s)or the entity upon behalf of which the
C7 CONTRA COSTA OOUNTY —� ❑ ❑ TRUSTEE(S)
My Comm.EVIres March t3.20� person(s)actedexecuted i
,executethe instrument. ❑ ❑ GUARDIAN/CONSERVATOR
.erl S my h nd and of cial seal ❑ ❑ OTHER:
i�nXJ�J SIGNER IS REPRESENTING:
SIGNATURE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES)I
❑❑ 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 CERTIFICATE MUST BE ATTACHED 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
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures 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 signed 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)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
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
State of California
County of San Francisco
On November 15, 2006 before me, Carol B. Henry,Notary Public
personally appeared---------------------------Bradley N. Wright-----------------------------
9 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.
CAM B.HENRY WITNESS my hand and official seal.
con rAuion#1684406
No"Poeta-cawomo
Son frandsco courMY jr
my Cam.Expo«Jul 26.20
Signature f otary
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
ST PA U L 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 Surety Company
Seaboard Surety 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 Califomia their true and lawful Attorney(s)-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 Jiusjness of„guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pe, in a l ion4sgo pceedings allowed by law.
IN WITNI%S YEREOF,the CompgQim
�eave caused this instrument to he signed and corporate their coorate seals to be hereto affixed,this 20th
day of AA 'HLLUU 66
Farmington Casualty Company T St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
GRSU,,�T �1t(( ( jj• Jy FIRE 6; ��RM•,�RSG pj•1NSUq' Jp�ty ANOS NipY t�TY
o?ovsoa, t $y-ic G 74 a� n8 �'• •'9� �J.: ...4♦ �c ° 4 `'�
(1 � PTC Z`' ; OR POAq Tf. P. PORAT:S^ T
�1977
I i � a HARTFORD, < NA9'IFORq
r
is v.'•., e. s
'fid A� OFN1:W �cn,�cF s ....• y a i r'+` A1t1�
State of Connecticut By:
City of Hartford ss. G rge W ompson,Scr'j President
On this the 20th day of April 2006 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.
ew*
In Witness Whereof,I hereunto set my hand and official seal.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
and Gdaranty 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,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,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 appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and sea]with the
Company's seal bonds,recognizances,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 him 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 President,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 duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one 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-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile 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 Suit empagy �4merice,�and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Porbtto xeuted b companies,which is in full force and effect and has not been
revoked. p
V0.
IN TESTIMONY WHEREOF,I have hereunto set my hand a, I spames this 15th day of November
_,2006
VX
O &)AIN
��
Kon M.Johans Assistant Secretary
r GI.SUq�•` �nfTY Jy FtRE 6'r E�M..�MSG pj 1NSUy E ,'fit\ANO �}0 Y
'.`^,^nRWrFD m �lAON PrRA�F•,m (;+W/. RPORA,'°I� V T
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.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