HomeMy WebLinkAboutMINUTES - 04252006 - C.12 TO: BOARD OF SUPERVISORS N>� Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR c maa ig Costa
= a
DATE: April 25, 2006 V
S�'g COIIN' C o 1■1■n t N J
SUBJECT: Approving the Second Extension of the Road Improvement Agreement for RA 03-01145 (cross
reference Subdivision 90-07562), Oakley area. (District V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ �O2'for RA 03-01145 (cross reference Subdivision 90-07562), approving the
Second Extension of the Road Improvement Agreement for project being developed by Shea Homes,Oakley area.
(District V)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has not completed the improvements and the Road Improvement Agreement has expired.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement guaranteeing completion of the improvements will not be renewed.
Continued on Attachment: ✓ SIGNATURE!
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE THER — 1
SIGNATURES :
ACTION OF BO 7
N .4,0721.25- 6 APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
VOTE OF SUPERVISORS r/ copy of an action taken and entered on the
UNANIMOUS(ABSENT minutes of the Board of Supervisors on the
AYES: NOES: date shown.
ABSENT: ABSTAIN:
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G:1GrpDatalEngSvc1B012006104-251RA 03-01145 BO-1I.doc 0
Originator: Public Works(ES)
Contact: S.Gospodchikov(313-2316) ATTESTED: 5n�/I/ 'Vw "j
Bond No/Date:6253031(November 4,2003)
Tax I.D.9511240219 JOHN CULLEN, Clerk of the Board of
cc: Public Works—Construction
Current Planning,Community Development Supervisors and County Administrator
T—January 23,2007
Shea Homes
2580 Shea Center Drive
Livermore,CA 94550
Safeco Insurance Company ofArnerica By ,Deputy
330 N.Brand Blvd.,Ste 1000
Glendale,CA 91203
Ann:Victoria M.Campbell
e
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 25, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaidnier-j over and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
ABSENT:
RESOLUTION NO. 2006/
SUBJECT: Approving the Second Extension of the Road Improvement Agreement for RA 03-
01145 (cross reference Subdivision 90-07562), Oakley area. (District V)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends,the Road Improvement Agreement between Shea Homes and the
County for construction of certain improvements in RA 03-01145 (cross-reference Subdivision 90-
07562), in the Oakley area, through March 23, 2007;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 15%
♦ ANTICIPATED DATE up COMPLETION: Between November 2006 and March 2007
♦ REASON FOR EXTENSION: Cypress Road construction schedule delayed due to
realignment to avoid Wang property.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
LB:rm
G:\GrpData\EngSvc\BO\2006\D4-25\RA 03-01145 BO-1 l.doc I hereby certify that this is a true and correct copy of an action taken
Originator: Public Works(ES)
Contact: S.Gospodchikov(313-2316) and entered on the minutes of the Board of Supervisors on the date
Bond No/Date:6253031(November 4,2003) Shown.
Tax I.D.95-4240219 / O
cc: Public Works—Construction
Current Planning,Community Development ATTESTED:
T—January 23,2007
Shea Homes JOHN CULLEN, Clerk of the Board of Supervisors and County
2580 Shea Center Drive Administrator
Livermore,CA 94550
Safeco Insurance Corupany of America
330 N.Brand Blvd.,Ste 1000
Glendale,CA 91203
Attn:Victoria M.Carnirbell By ,Deputy
RESOLUTION NO.2006/ 'Zm`fit
CONTRA COSTA COUNTY
ROAD IMPROVEMENT AGREEMENT EXTENSION
I
Development Number: RA 03-01145
Developer: Shea Homes
Original Agreement Date: March 23,2004
Second Extension New Termination Date: March 23, 2007
I
Improvement Security
Surety: Safeco Insurance Company of America
Bond No. (Date): 6253031 (November 4,2003)
Security Type Security Amount
Cash: $ 74,200.00 (1% cash, $1,000 Min.)
Bond: $7,340,400.00(Performance)
$3,707,300.00 (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 agr e t ereto and acknowledge same.
Dated: Dated:Dated: March 15, 2006
7 r
012tv}�
FOR CONTRA COSTA COUNT Developer's Signatu (s)
Maurice M. Shiu,Public rk e or
I�obWainwright
By: U' w , L`^
Sopper's Signature(s) cc(
RECOMMENDED FOR APPROVAL: Donald A.Hofer hA� by1 r t bv�
By: T Printed (i
(Engineenng,Q rvices Division)
Address
Safeco Insurance Company of America
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 330 N. Brand Blvd. , Suite 1000
Glendale, CA 91203
FORM APPROVED:VicWr J.Wouvvn,Ca tyCoo Address
onm�bk
After Approval Return to Clerk of the Board uAnom
Attorney in Facts Signature
Victoria M. Campbell, Attorney-in-Fact
Printed
i
I
CALIFORNIA ALL;PURPOSE ACKNOWLEDGEMENT
State of Af�Yrl I A— I OPTIONAL SECTION
County of j awaea- , ` I /� ^ CAPACITY CLAIMED BY SIGNER
On ✓ V�V rid/ ,before me, c 1 l/ tt C, Though statute does not require the Notary to fill
DATE ` N ,T LE OF O CER E.G. "JANE DOII:,NOTARY PUBLIC" in the data below,doing so may prove invaluable to
W� persons relying on the document.
personally appeared t ( .\ I
NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL
personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ 11 CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are subscribed TITLE(S)
to the within instrument and acknowledged to
me thai he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED
L. W I LSO N his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL
VCOMM.*1468544 his/her%their signature(s)on the instrument the p 13ATTORNEY-N-FACT
Q - NOTARY PUBLIC-CALIFORNIA�+ person(s)or the entity upon behalf of which the 11 TRUSTEE(S)
ALAMEDA COUNTY 0 person(s)acted, ecuted the instrument.
COMM.EXP.MARCH 4,2008" [IIJGUARDIAN/CONSERVATOR
WITNESS d andlOfficial seal, ❑ ❑ OTHER:
II /Ind SIGNER IS REPRESENTING:
+ SIGNATURE OF NOTARY I 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.
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 I me 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 theperson signing the inst[ument 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 si!natures 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 California ( OPTIONAL SECTION
County of Orange CAPACITY CLAIMED BY SIGNER
On 3/15/06 ,before me, Maria Luisa R. I Aguinaldo, Notary` Though statute does not require the Notary to fill
DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable
I Public to persons relying on the document.
personally appeared Victoria M. Campbell
NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL
personally known to me-OR-0❑ provided to me on thl basis of satisfactory evi nce to ❑ ❑ CORPORATE OFFICER(S)
be the person(s)whose name(
is re subscribed TITLE(s)
to the ivithi nstrument and acknowledged to
me h sh hey executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED
LV��R, hi h heir authorized capacity(ies),and that by ❑ ❑ GENERAL
•-� COMM.014M174 f► his ee eir signature(s)on the instrument the Cl R ATTORNEY-IN-FACT
g . person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S)
6 person(s)acted,executed the instrument.
I ❑ ❑ GUARDIAN/CONSERVATOR
COME'�1 to 2W? WITNESS y hand doff ' seal, � ❑ ❑ OTHER:
— SIGNER IS REPRESENTING:
SI N 'RE OF NOTARY t NAME OF PERSON(S)OR ENTITY(IES))
❑❑ acknowledged to me that such corporation executed the ithin instrument pursuant to its by-laws
or are solution of its Board of Directors. I Safeco Insurance Company of
America
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 t Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort tl 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."
4 POWER Safeco Insurance Companies
OF ATTORNEY PO Box 34526
Seattle,WA 98124-1526
No. 10688
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
*******************MARIA LUISA AGUINALDO;VICTORIA M.CAMPBELL;EDWARD N.HACKETT,JOHN D.MILLER;
Santa Ana,California;NOEMI QUIROZ;MICHAEL R.SZOT;Los Angeles,California************"******************
its true and lawful attomey(s)-in-fact,with full juthority 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 16th ( day of December 2005
STEPHANIE DALEYtWJATSON.SECRETARY MIKE PETERS PRESIDENT.SURETY
CERTIFICATE
Extract from the Byl 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
attorneys-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"
i
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
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,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 Attomey 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 15th day of March 2006
co,ORPOWE
SEAL SEAL Tif
a} .1 53 a� ISO
tPAS
Of STEPHANIE DALEY-WATSON,SECRETARY -
Safeco®and the Safeco logo are registered trademarks of Safeco corporation.
S-0974/DS 4105 WEB PDF