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HomeMy WebLinkAboutMINUTES - 04252006 - C.13 I TO: � BOARD OF SUPERVISORS I ;-=�� -_ Contra f FROM: MAURICE M. SHNCosta,PUBLIC WORKS DIRECTOR of z DATE: April 25, 2006 moo•. c3�o� srA�o�y County SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 90-07562, Oakley area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ A" for Subdivision 90-07562, approving the Second Extension of the Subdivision 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 Subdivision Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement guaranteeingcompletion of the improvements will not be renewed. Continued on Attachment:_✓ SIGNATURE: I _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES : IJ ACTION OF BOA N 7' / G APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS UNANIMOUS(ABSENT 0 9y ) I hereby certify that this is a true and correct AYES: NOES: I copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. LB:mn g/ G:\GrpData\EngSvc\BO\2006\04-25\SD 90-07562 BO-1 Ldoc Originator: Public Works(ES) ,p Ov /oCiVT/Lr Contact: S.Gospodchikov(313-2316) ATTESTED: / Bond No/Date:6253032(November 4,2003) JOHN CULLEN, Clerk of the Board of Tax I.D.95.4240219 cc: Public Works—Construction Supervisors and County Administrator Current Planning,Community Development T—January 23,2007 Shea Homes 2580 Shea Center Drive Livermore,CA 94550 By Deputy Safeco Insurance Company of America 330 N.Brand Blvd.,Ste 1000 Glendale,CA 91203 Atm:Victoria M.Campbell THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 25, 2006 by the following vote: AYES: Uilkema,Piepho, DeSaulnier� Glover and Gioia NOES: None ABSENT: None ABSTAIN: None t RESOLUTION NO. 2006/ 0203 SUBJECT: Approving the Second Extension of the Subdivision Agreement for 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 Subdivision Agreement between Shea Homes and the County for construction of certain improvements in Subdivision 90-07562, in the Oakley area, through March 23, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 13% ♦ ANTICIPATED DATE OF COMPLETION: December 2006 ♦ REASON FOR EXTENSION: Delays due to weather conditions. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. LB,m, I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\2006\04-25\SD 90-07562 BO-11.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: S.Gospodchikov(313-2316) O Bond No/Date:6253032(November 4,2003) 7'I� 7 Ozol-(/z' Tax I.D.954240219 ATTESTED: cc: Public Works-Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T-January 23,2007 Administrator Shea Homes 2580 Shea Center Drive Livermore,CA 94550 Safeco Insurance Company of America 330 N.Brand Blvd.,Ste 1000 By T - - - _ _ _,Deputy Glendale,CA 91203 Attn:Victoria M.Cambell RESOLUTION NO.2006/ 'Z�� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 90-07562 Developer: Shea Homes Original Agreement Date: March 23,2004 Second Extension New Termination Date: March 23,2007 Improvement Security Surety: Safeco Insurance Company of America Bond No. (Date): 6253032(November 4,2003) Security Type Security Amount Cash: S 53,900.00 (1% cash, $1,000 Min.) Bond: S 5,331,300.00(Performance) $2,692,600.00(Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety he-rgby agree thereto and acknowledge same. Dated: /Z�S/!�� Dated: March 15, 2006 TTT FOR CONTRA COSTA COUNTY i Developer's Signat re(s) Maurice M. Shiu,PubliccWW rks D' fiobWB nWght - A d"ri zxc( , je-1A By: LAO eloper's Signature(s) kA RECOMMENDED FOR APPROVAL: Donald A.Hofer AAktik i ttcr. By: f\Q^�g— Printed (Engi eerin 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) 330 N. Brand Blvd. , Suite 1000 Glendale, CA 91203 FOW APPROVED:vicm J.Wtsm ,COWv TCom— Address Alter Anproval Return to Clerk of the Board Attorney in Facts Signature Victoria M. Campbell, Attorney-in-Fact Printed CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT y� State of lr(/14 i OPTIONAL SECTION County of2 //'_ f,- �. /, �. CAPACITY CLAIMED BY SIGNER On 4 2)_0(0,before me, L, K) I �✓ ' IN O 1 ""-9`I'C! Though statute does not require the Notary to fill DATE �/� A NAyfE TIT q OFF OFFICER E.G.,"I E DO ,NOTARY P,U� r 1BLL,IC""f I in the data below,doing so may prove invaluable to personally appeared I ril t",1(e) A • rn *K.(')�/ U�WG{ persons relying on the document. `` ��`` NAME(s)OFSIGNER(S) [1 11 INDIVIDUAL UV—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 me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED rL. WILSON his/hedtheir authorized capacity(ies),and that by ❑ ❑ GENERAL COMM #146 N his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-[N-FACT (� M� COMM. NOTARY PUBLIC-CALIFORNIA Q persons)or the entity upon behalf of which the [I ❑ TRUSTEE(S) ALAMEDA COUNTY n person(s)acte xecuted the instrument. ❑ C3GUARDIAN/CONSERVATOR EXP.MARCH 4,2008 t cial seal, ❑ ❑ OTHER: WITNES a d SIGNER IS REPRESENTING: J) 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. J 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 printedi 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. 111. SIGNATURES FOR PARTNERSHIPS- Signing patty 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 ofthe Board of Directors authorizing theperson 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 AL+L-PURPOSE ACKNOWLEDGEMENT Stataof -California OPTIONAL SECTION County of Orange I CAPACITY CLAIMED BY SIGNER On 3/15/06 ,before me, ,Maria Luisa R. IAguinald0, Notary' Though statute does not requirethe 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 .; NAMES)OF SIGNER(S) ❑ ❑ INDIVIDUAL , 0 personally known to me-OR-0❑ provided to me on the basis of satisfactory evce to 11 ❑ CORPORATE OFFICER(S) ' be the person(s)whose name(t is/ e subscribed TITLE(s) to the M trument and ac owledged to mesh ey executed the same in ❑ ❑ PARTNER(S) 0 ❑ LIMITED !acknowle7dgedtfo ARIA WISA R.AGUIN M Ju err authorized capacity(ies),and that by ❑ ❑ GENERAL COMM.#1406174 a hi er1 eir signature(s)on the instrument the �[' g �MypL". person(s)or the entity upon behalf of which the ❑/LlLATTOTEE(S) -FACT ORANGE I OWN person(s)acted,executed the insWment ❑ TRUSTEAN/Q ❑ GUARDIAN/CONSERVATOR Ctankm.Eli.Meth It 2001 w-^TINEiS my hand and o0 ❑ OTHER: ,V �...-�_ SIGNER IS REPRESENTING: OF NOTAR (NAME OF PERSON(S)OR ENTITY(IES)) 10e that such corporation executed the within instrument pursuant to its by-laws s 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 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 andlinterest 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. lal The SecretarybAn 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 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." POWER Safeco Insurance Companies OF ATTORNEY PO Box 34526 Seattle,WA 98124-1526 _ KNOW ALL BY THESE PRESENTS: No. 10688 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint I *******"**********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 attorney(s)-in-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 16th December 2005 this day of ii1_j klr� STEPHANIE DALEY-WATSON SECRETARY MIKE PETERS PRESIDENT SURETY CERTIFICATE Extract from the BJLaws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: J . "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 bylthe 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 authorityor 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 (ii) 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 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 15th day of March 2006 �A,ktt�), gECD1ypA�� SEAL w SEALsw tsx� WAStn '� STEPHANIE DALEY-WATSON,SECRETARY Z'tf f Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF