HomeMy WebLinkAboutMINUTES - 10282008 - C.4 A; -
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TO: BOARD OF SUPERVISORS = i = Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa
DATE: October 28, 2008y`4oc
coax county
SUBJECT: Accepting completion of improvements for Subdivision 99-08382,Danville area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S): D
ADOPT Resolution No. 2008/ W/* accepting completion of improvements for Subdivision 99-08382, as
recommended by the Public Works Director, for project being developed by Ponderosa Homes II, Inc., Danville
area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has completed the improvements per the Subdivision Agreement, and the accordance with the
Title 9 of the County Ordinance Code.
CONSEOUENCES OF NEGATIVE ACTION:
The completion of improvements will not be accepted and the warranty period will not begin.
Continued on Attachment: SIGNATURE:,XkE
COMMENDATION OF COUNTY ADMINISTRATOR
ECOMMENDATION OF BOARD COMMITTEE
( 'APPROVE _OTHER
SIGNATURE (S):
ACTION OF BOARD ON d APP"D D AS RECOMMEN ED OTHER
VcyTE OF SUPERVISORS I hereby certify that this is a true and correct
✓ UNANIMOUS(ABSENT copy of an action taken and entered on the
AYES: NOES:,- minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date Shown.
a6:)c
G:\EngSvc\60\2008\I0.28\SD 99-08382
BO-45 DV(SUB-RA-DA)FORM.docx
Originator: Public Works(ES) �j����
Contact:M.sen(313-2187) ATTESTED:(Y�6Gy°Zai "��x
Recording to be completed by Clerk of the Board
cc: Public Works -K.Guruwaya Construction Div. DAVID TWA, Clerk of the Board of
-P.Tehaney,M&T Lab
-H.Finch,Maintenance Div. Supervisors and County Administrator
-1.Bergeron,Mapping Div.
-P.Edwards,Engineering Svc.
-T.—August 28,2009
Ponderosa Homes II,Inc.
6671 Owens Drive By Deputy
Pleasanton,CA 94588
Attn:Ralph Walker
The Continental Insurance Company
40S Howard Street,Ste.600
San Francisco,CA 94105
Attn:Paul A.Kitchell
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IIII III III I III II III111111111111111111111111111111
CONTRA COSTA Co Recorder Office
Recorded at the request of. STEPHEN L, WEIR, Clerk-Recorder
Contra Costa County DOC— 2008-0239060-00
Board of Supervisors
Wednesday, OCT 29, 2008 13:01:59
Return to: FRE $0.00: 1
Engle Works
ervice Divient Ttl Pd $0.00 Nbr-0004244128
Engineering Services Division
rrc/R9/1-11
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 28, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
-_ — RESOLUTION NO. 2008/ �9G
SUBJECT: Accepting completion of improvements for Subdivision 99-08382, project
developed by Ponderosa Homes II, Inc,, as recommended by the Public Works
Director, Danville area. (District III)
These improvements are located along Martingale Street, Martingale Court, Preakness
Court, Pelham Court and Friesian Court.
The Public Works Director has notified this Board that the improvements in Subdivision
99-08382 have been completed as provided in the Subdivision Agreement with Ponderosa
Homes II, Inc., heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
BBJc I hereby certify that this is a true and correct copy
G:\EngSvc\BO\2008\I0-28\SD 99-08382 of an action taken and entered on the minutes of the
BO-45 DV(SUB-RA-DA)FORM.docx
Originator: Public Works(ES) Board of Supervisors on the date shown.
Contact: M.Sen(313-2187) //�� yy�--` �1
Recording Public
be completed by Clerk of the Board ATTESTED: is o ov ew oZg a*ce.Q'
cc: Public Works -K.Guruwaya Construction Div.
-P.Tehaney,M&T Lab DAVID TWA, Clerk of the Board of Supervisors
-H.Finch,Maintenance Div.
-1.Bergeron,Mapping Div. and County Administrator
-P.Edwards,Engineering Svc.
-T.—August 28,2009
Ponderosa Homes 11,Inc.
6671 Owens Drive By —, Deputy
Pleasanton,CA 94588
Attn:Ralf Walker
The Continental Insurance Company
405 Howard Street,Ste.600
San Francisco,CA 94105
Attn:Paul A.Kitchell
RESOLUTION NO.2008/ � �
SUBJECT: Accepting completion of improvements for Subdivision 99-08382, project
developed by Ponderosa Homes II, Inc., as recommended by the Public Works
Director, Danville area. (District III)
DATE: October 28, 2008
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been
COMPLETED as of October 28, 2008 thereby establishing the six-month terminal period for
the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
December 20, 2005 The Continental Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for
$534,400.00, Bond No. 929347551 issued by the above surety be RETAINED for the six month
lien guarantee period until April 28, 2009, at which time the Clerk of the Board is
AUTHORIZED to release the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that Martingale Street, Martingale Court, Preakness
Court, Pelham Court and Friesian Court the hereinafter described public improvements, as
shown and dedicated for public use on the Final Map of Subdivision 99-08382 filed December
28, 2005, in Book 486 of final maps at Page 49, Official Records of Contra Costa County, State
of California, are COMPLETE but NOT ACCEPTED AS COUNTY ROADS AT THIS
TIME.
BE IT FURTHER RESOLVED that upon approval by the Board of. Supervisors, the
developer, Ponderosa Homes II, Inc. shall retain the improvements for maintenance and
ownership during the warranty/maintenance period.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the $10,700.00 cash deposit (Auditor's Deposit Permit No. 449017, dated
August 2, 2005) made by Ponderosa Homes 11, Inc. and the performance/maintenance surety
bond rider for $158,715.00, Bond No. 929347551 issued by The Continental Insurance Company
be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until
release by this Board.
RESOLUTIONNO. 2008/ K*
GENERAL SURETY RIDER
To be attached and form a part of
Type of Bond: Subdivision
Bond No. :929347551
Dated effective:7/29/2005
(MONTH,DAY,YEAR)
executed by: Ponderosa Homes II,Inc. ,as Principal,
(PRINCIPAL)
and by:The Continental Insurance Comnanv,,as Surety,
(SURETY)
and in favor of: County of Contra Costa.
(OBLIGEE)
In consideration of the mutual agreements herein contained the Principal and the Surety hereby
consent to changing
INFORkLiLTION FROM TO
Bond Amount $1,058,100.00 $158,715.00
Nothing herein contained shall vary,alter or extend any provision or condition of this bond except
as herein expressly stated.
This rider is effective 7/28/2008
(MONTH,DAY,YEAR)
Signed and Sealed 7/28/2008
(MONTH,DAY,YEAR)
Ponderosa Homes II,Inc.
PRINCIPAL
BY• CFO
TYRE
The Continental Insurance Company
SURETY
' BY:
Jean L.Neu,ATTORNEY-IN-FACT
ACKNOWLEDGMENT
State of California
County of Santa Clara
On July 28, 2008 before me, Erin Bautista, Notary Public
(insert name and title of the officer)
personally appeared Jean L. Neu
who proved to me on the basis of satisfactory evidence to be the person(o whose name(SO is/am
subscribed to the within instrument and acknowledged to me that# she/"executed the same in
#►is/her/their authorized capacity0"), and that by his/her/their signatures on the instrument the
personm, or the entity upon behalf of which the person(* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. �munnuununuunummunuuuuunuuunnumnnnnnumunuum�
: .. ERIN BAUTISTA
COMM.#1655413 r
LL, NOTARY PUBLIC-CALIFORNIA y
= SAN MATEO COUNTY =
My Comm.Exp.Apr.25,2010
Signature (Seal) �uuuuuuumuuuuuunnnuuuuuuumuuuuuuuuununuunuuuu6
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing
corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed
hereby make,constitute and appoint
Erin Bautista, Bradley N Wright,Carol B Henry,B A Poitevin,Jean L Neu,Bryan D Martin,Individually
of San Francisco,CA, its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its
behalf bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts
of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly
adopted,as indicated,by the Board of Directors of the corporation.
In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal
to be hereto affixed on this 24th day of April,2008.
• The Continental Insurance Company
• •�'r
t-
Thomas P. Stillman Senior Vice President
State of Illinois,County of Cook,ss:
On this 24th day of April,2008,.before me personally came Thomas P. Stillman to me known,who,being by me duly swom,did depose and say:
that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania
corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument
is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto
pursuant to like authority,and acknowledges same to be the act and deed of said corporation.
OFFIICIA EAL
MMII
1BA PRICE
NOTARY PUBLIC.STATE OF ILLINOIS
my
My CommissionExpires September 17,2009 E— zi�a rice 47 Notary Public
CERTIFICATE
I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of
Attomey herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on
the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this
28th day of July 2008
. ..;jygp.•• The Continental Insurance Company
•z. ,w o�
••�•�.�•�f Mary A. ika t� Assistant Secretary
Form F6850-1/2007
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
I
This Power of Attorney is made and executed pursuant to and by authorityof the following By-Law duly adopted by the Board of Directors of
the company.
"Article VI-Execution of Documents i
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice
President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations
set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or
Senior Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January, 1989:
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
I
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californ/i�a,� � �,�
County of f l.f't'Y� t
On �ZS l O before me,
Date Here Insert Name and Title of the OfBoer
personally appeared Lt NU.�iPt F. 'N\AZ4S �H
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) istare subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/herkheir signature(s) on the
FMECCA L instrument the person(s), or the entity upon behalf of
mon A 162tItA01 which the person(s) acted, executed the instrument.
MolaY NtbIC.CoIlbnlio
Agmsda Courtly 11
1MIrCmrlm.80w.lan13.201 I certify under PENALTY OF PERJURY under the laws 04
of the State of California that the foregoing paragraph is
true and correct.
WITNESm nd and official sea.
Signatur
Place Notary Seal Above Signature of Notary P
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Peg
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: 81gners Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _ _ O Partner—❑ Limited ❑ General
❑ Attorney in Fact • El in Fact
❑ Trustee Top of thumb here El Trustee
Top of thumb here
❑ Guardian or Conservat ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is R esenting: Signer Is Representing:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-w ..NationalNotaryorg Item#5907 Reorder:Call T0l1-Free 1.906876-6827
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PONDEROSA HOMES II, INC. (and its Affiliates)
DELEGATION OF AUTHORITY
LINDA F. MORASCH
Pursuant to the Delegation of Authority granted to the undersigned by the Board of Directors of
Ponderosa Homes II, Inc., (and its affiliates), a California corporation, (the "Corporation"), you
are hereby delegated the following power and authority subject to the limitations set forth
hereinafter:
1. To execute contracts and deposit receipts for the sale of real estate subdivided into
lots and improved with single family houses or condominium units or real estate
subdivided into lots in an improved state, provided the sales prices stated in such
contracts and deposit receipts are those shown on applicable price lists previously
approved by the undersigned, the President or the Chief Financial Officer of the
Corporation;
2. To execute escrow instructions and sign grant deeds for the settlement of the sale of
real estate (as defined in paragraph 1 above), provided such escrow instructions and
grant deeds are in conformance with the fully-executed contract and deposit receipt
agreements;
3. To enter into and execute contracts, or series of related contracts to the same provider,
for the purpose of procurement of professional services related to planning and
processing to obtain governmental entitlements on the property of the Corporation,
professional consulting in connection with project feasibility, governmental and
utility deposits the aggregate contract price or aggregate estimated cost of which is
not more than three hundred thousand and no 100/dollars ($300,000.00) or the
execution of any change order with respect to any such contract increasing the
contract price or estimated cost by more than thirty thousand and no 100/dollars
($30,000.00);
4. To enter into and execute contracts, or series of related contracts to the same provider,
for the construction of any improvement or improvements, building or buildings on
the property of the Corporation the aggregate contract price or aggregate estimated
cost of which is not more than one million and no 100/dollars ($1,000,000.00) or the
execution of any change order with respect to any such contract increasing the
contract price or estimated cost by more than one hundred thousand and
no100/dollars ($100,000.00);
5. To enter into and execute contracts, or series of related contracts to the same provider,
for the purpose of the procurement of goods and services related to finance, human
resources, professional consulting related to accounting, tax and legal, office
administration, capital equipment purchases, sales support, buyer referral fees, model
home maintenance, advertising, model home merchandising, model restoration
expenses, customer service the aggregate contract price or aggregate estimated cost of
which does not exceed one hundred thousand and no 100/dollars ($100,000.00) or the
execution of any change order with respect to any such contract increasing the
G:\FINANCE\Corporate\Delegations\M orasch,L..doc
PONDEROSA HOMES II, INC. (and its Affiliates)
DELEGATION OF AUTHORITY
contract price or estimated cost by more than ten thousand and no 100/dollars
($10,000.00); .
6. To execute applications,petitions and any other documents necessary and appropriate
for filing with governmental or quasi-governmental bodies and agencies for licenses,
permits or any approvals required in connection.with the conduct of the business of
the Corporation;
7. To execute subdivision or other agreements with governmental or quasi-
governmental bodies or other entities in connection with the conduct of the business
of the Corporation;
8. To execute parcel and subdivision mates;
9. To execute contracts, escrow instructions and deeds for the granting of easements or
licenses or for the R=ose of recording lot line adjustments to utility companies,
governmental and quasi-governmental bodies or other entities or individuals required
in connection with the conduct of the business of the Corporation;
10. To execute contracts, escrow instructions and deeds for the granting of easements and
common area lots to homeowners associations required in connection with the
conduct of the business of the Corporation.
11. To execute Declarations of Covenants, Conditions and Restrictions, appointments to
architectural committees, and any amendments thereto, notices of completion for
homeowners' association common areas and all other homeowner association
documents;
12. To execute surety bonds guaranteeing the performance of improvements or
construction necessary for the performance of the terms and conditions of an
agreement between the Corporation and a utility company or agency, a governmental
or quasi-governmental body;
13. To execute Notice of Completion documents for each production unit upon
completion of the model or production home unit and final inspection and acceptance
by the governing authority for the project.
14. To execute real property questionnaires, business property statements and other
governmental forms required by the tax collector and assessor in the counties where
the Corporation does business.
15. To procure insurance coverage and enter into insurance contracts on behalf of the
Corporation;
16. To accept service of all summons, subpoenas, complaints or other legal documents
filed in any appropriate state or federal court on behalf of the Corporation;
G:\F INANCE\Corporate\Delegations\Morasch,L..doc
PONDEROSA HOMES II, INC. (and its Affiliates)
DELEGATION OF AUTHORITY
17. To verify on behalf of the Corporation any complaints, answers, cross-complaints,
answers to interrogatories, or other legal pleadings filed in any state or federal court
on behalf of the Corporation.
The foregoing authority should not be construed to permit,nor be utilized by you to:
1. Execute any document or instrument that is not in the standard form previously
approved by the Chief Financial Officer or legal counsel for the Corporation, or that
contains any modifications from such standard form of a previously approved
document or instrument;
2. Execute any document committing the Corporation to the borrowing of money;
3. Execute any mortgage, pledge, material encumbrance or other hypothecation or
security agreement affecting specified assets of the Corporation;
4. Enter into any partnership, limited liability company or joint venture;
5. Change in any way the accounting principles or procedures employed in keeping the
books of account or in preparing financial statements of the Corporation;
6. Enter into any contract or agreement that gives to any person a right to any amount
based on a percentage of gross revenue or profits of any or all or any part of the
Corporation's business;
7. Enter into any employment contract with any person;
8. Enter into or substantially modify or cancel leases or subleases with respect to any
property of the Corporation;
9. Enter into any labor agreement with any union or labor organization.
10. Enter into to or commit to any contract or agreement which is not in the ordinary
course of the business of the Corporation;
None of the foregoing powers may be re-delegated.
This delegation will expire and be of no further force and effect in the event you cease to be an
employee of the Corporation and in any event on December 31, 2008.
Effective date: January 1, 2008
Kil org , Jr.
Chairman of the Board
G:\FINANCE\Corporate\Deleptions\Nlorasch,L..doc