HomeMy WebLinkAboutMINUTES - 03212006 - C.12 C t TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: March 21, 2006
SUBJECT: Approving the Eighth Extension of the Subdivision Agreement for Subdivision 93-07881,
Discovery Bay area. (District III)
SPECIFIC RFQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ 4;V for Subdivision 93-07881,approving the Eighth 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 has not completed the punchlist items 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: 1Z SIGNATURE:
_=COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
/APPROVE OTI(ER
r
SIGNATURE(S).-::)(4.,&�
ACTION OF 130�7 ON APPROVED AS RECOM:NIENDED OTHER
VooF SUPERVISORS '/� I hereby certify that this is a true and correct
1/ UNANIMOUS(ABSENT copy of an action itaken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
LB:nn
G:\GrpData\FngSvc\BO`2006\03-2I\SD 93-07881 BO-ll.doc �Q' � «�
Originator: Public Works(ES) ATTESTED:
Contact: S.Gospodchikov(313-2316) JOHN CULLEN, Clerk of the Board of
cc: Public Works-Construction Supervisors and County Administrator
Current Planning,Conununity Development
T-September 22,2006
cc:include copy ofextension
Centex Hornes
2527 Camino Ramon,Suite 100 By , Deputy
San Ramon,CA 94583
Attn:John Buller
Safeco Insurance Company of America
Safeco Plaza
Seattle,WA 98185
Atm:Allyson Dean
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 21, 2006 by the following vote:
AYES: SUPERVISORS UILKEN1A,
DeSALILNIER, GLOVER. GIOIA
NONE: N,ONI
ABSENT: SUPERVISOR PIEPHO
;ABSTAIN: !SONE
RESOLUTION N0. 2006/
SUBJECT: Approving the Eighth Extension of the Subdivision Agreement for Subdivision 93-
07881, Discovery Bay area. (District III)
The Public Works Director having recommended that he be authorized to execute the eighth
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, 2006;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99%
♦ ANTICIPATED DATE OF COMPLETION: July 2006
♦ REASON FOR EXTENSION: Landscape punchlist items have not;been completed along
Bixler Road and Highway 4.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
LB:nn I hereby certify that this is a true.and'correct copy of an action taken
G:,GrpData\EngSvc\BO`-1006,03-21\SD93-07881 BO-1I.doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) shown.
Contact: S.Gospodchikov(313-2316)
cc: Public Works—Construction
ATTESTED:
Current Planning,Conununity Development JOHN CULLEN, Clerk of the Board of Supervisors and County
T—September 22,2006
cc:include copy of extension Administrator
Centex Monies
2527 Canuno Ramon,Suite 100
San Ramon,CA 94583
Attn:John Buller By , Deputy
Safeco Insurance Conymny ofAnn:rice
Safeco Plaza
Seattle,WA 98185
Attn:Allyson Dean
RESOLUTION NO.2006/ Af e
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: SD 93-07881
Developer: Centex Homes
Original Agreement Date: April 22, 1997
Eighth Extension New Termination Date: November 22, 2006
Improvement Security
Surety: Safeco Insurance Company
Bond No. (Date): 5900965 (March 31, 1997)
Securitv Tvne Security Amount
Cash: $4,600.00 (1% cash, $1,000 Min.)
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 here y 4gree thereto and acknowledge same.
Dated: ` O ated: February 2;, 006
FOR CONTRA COSTA COUNTY Developer's Si at (s)
�Iauricc M. hi ,Public Work Director
Centex Homes - Dennis G. Gerber
By: Printed
V1 6Y,
Developer's Signatures)
RECOMMENDED FOR APPROVAL:
By: %`U Printed
(Engineerin ervices Division)
Address
Safeco Insurance Company of America
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.)
Safeco Plaza, Seattle, 98185
FORM.APPROVED:Vicar J.WCSL m,Courcy C-1 Addr S
After Approval Return to Clerk of the Board V
Attorney in Facts S ature
Allyson Dean
Printed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of (��ZIIr rnt A�1 I OPTIONAL SECTION
County of o t w_COST- ��ti�fy C CAPACITY CLAIMED BY SIGNER
On -e-11doLp before me, S► }'1 -1 Though statute does not require the Notary to fill
DATE NAME,TITLE OF OFFICE "JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to
personally appeared 6,�ber persons rel}iing on the document.
NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL
❑[� personally known to me-OR-!1❑ provided to me on the basis of satisfactory evidence to ❑ ❑ COR i ORATE OFFICER(S)
/ be the person(s)whose name(s)is/are subscribed TITLE(S)
to the within instrument and acknowledged to
e that he/shc/they executed the same in 11 ❑ PARTNER(S) ❑ ❑ LIMITED
SHARON PANG his/her/their authorized capacity(ies),and that by I G ❑ GENERAL
_01M
COmm1381on#1564512 is/her/their signature(s)on the instrument the l ❑ ATTORNEY-IN-FACT
erson(s)or the entity upon behalf of which the , ❑ TRUSTEE(S)
Notory Public-Collfornia erson(s)acted,executed the instrument.Alameda County ❑ ❑ GUARDIAN/CONSERVATOR
yComm.ExpdetMcv26,2 ITNE S1myh andofficialseal, ❑ ❑ OTHER:
// SIGNER IS REPRESENTING:
SIGNA7RENOTARY (NAME OF PERSON(S)OR ENTITY(IES))
❑❑ acknowledged to me that such corporation executed the within instrupursuant 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
I
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 theerson 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."
ACKNOWLEDGMENT BY SURETY
STATE OF Texas
ss.
County of Dallas ,
On this Z day of 2006 before me personally
appeared ALLYSON.DEAN known to, me to be the Attorney-in-Fact of
SAFECO INSURANCE COMPANY OF AMERICA
the corporation
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.
Carmen otary-Public in the State of TEXAS
(Seal) County of DALLAS
* Notary PdAy Com
S-0230/GEEF 10/99
POWER Safeco Insurance Companies
OF ATTORNEY PO Box 34526
Seattle,WA 98124-1526
No. 6485
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF.AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each
hereby appoint
***PHILIP N.BAIR;JANIF.CF..RMENO;VICIE COLEMAN;ERIC S.FEIGHL;JOYCE A.JOHNSON;JIMMYE LANGFORD; PHYLLIS RAMIREZ;Houston,Texas;
JOHN DEAL;BRIAN M.LEBOW;CARMEN MIMS;ALLYSON DEAN, Dallas,Texas********************
its true and lawful attorney(syin-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
i. this 14th day of June 2005
STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY
CERTIFICATE
Extract 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 Vice President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles 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 seal 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 28,1970.
"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-attomey 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, Stephanie Daley-Watson, 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 Power 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
this �Zr day of � 2z,a 6 .
' ���
31 SFAL SEAL .dt
Gi?M ofSTEPHANIE DALEY-WATSON,SECRETARY
S-0974/DS 4/05 Safeoo and the Safeco logo are registered trademarks of Safeco Corporation.
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