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Home My WebLink AboutMINUTES - 04252006 - C.14 SE- ` TO: BOARD OF SUPERVISORS Contra��. `=� FROM: MAURICE M. SHIU,PUBLICWORKS DIRECTOR Costa DATE: April 25, 2006 County SJ"L COUNT SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Subdivision 90- 07562, Oakley area. (District SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): / ADOPT Resolution No. 2006/ ZO7/ for Subdivision 90-07562,approving the Second Extension of the Drainage 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 vand the Drainage Improvement Agreement has expired. CONSEOUENCES OF NEGATIVE ACTION: The Drainage Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment:_,,-' SIGNATURE: K6t-� I _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE _OTHER SIGNATURES ACTION OF BO ON yi/ aAW.9 APPROVED AS RECOMMENDED=OTHER vo,TE of SUPERVISORS (ABSENT IMOUS UNAN ( I herebycertifythat this is a true and correct N077y1 AYES: NOES: ) copy of an action taken and entered on the ABSENT: ABSTAIN: I minutes of the Board of Supervisors on the date shown. LB:m l p GIGrpDatalEngSvclB012006104-251SD 90-07562 BO-1 ldr.doc Originator: Public Works(ES) ATTESTED: Contact: S.Gospodchikov(313-2316) Bond No/Date:6253032(November4,2003) 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 Attn:Victoria M.Campbell a THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 251 2006 by the following vote: AYES: Uilkema Pie_h._ , p o,DeSaalmer,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ nZ0,4e SUBJECT: Approving the Second Extension of the Drainage Improvement 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 Drainage Improvement 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 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:\GrpDatalEngSvcl8012006104-251SD 90-07562 BO-11dr.doe and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: S. odc (313-2316) Bona No Date:62s3o51s1(November 11,2003) ATTESTED: .'cc: Public Works—Construction Current Planning,Conmmnity Development JOHN CULLEN, Clerk of the Board of Supervisors and County T—January 23,2007 Shea Homes Administrator 2580 Shea Center Drive Livermore,CA 94550 Safeco Insurance Company of America 330 N.Brand Blvd.,Ste 1000 Glendale,CA 91203 By_ - r' ,Deputy Attn:Victoria M.Cambell RESOLUTION NO.2006/ ��` CONTRA COSTA COUNTY DRAINAGE IMPROVEMENT 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): 6253051 (November 11,2003) Security Tvpe Security Amount Cash: $ 1,500.00 (1% cash, $1,000 Min.) Bond: $ 154,300.00(Performance) $77,900.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date,-and Contra Costa County and said Surety heer/cby a�e/e thereto and acknowledge same. Dated: Yl' ,7 USO Dated: March 15, 2006 7 FOR CONTRA COSTA COUNTY Developer's Signatu•e(s) Maurice M. Shiu,Public Works Dire o RO W&Wdght - AX("r;c4x.( �,/U{ By: Lel ` I ate RECOMMENDED FOR APPROVAL: e oper's Signatures)Donald A.Hofer n ZCJ By: &t,w — Printed (Engine'(Engi4ewq Services Division) Address Safeco Insurance Company of America (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must he Notarized.) 330 N. Brand Blvd. , Suite 1000 Glendale, CA 91203 FORMAPPROVED:VicWL W�triun,C=tyCmmd Address AfterAnnroval Return to Clerk of the Board Attorney in Facts Signature V Victoria M. Campbell, Attorney-in-Fact Printed r � Y L CALIFORNIAORNIA AJ;PURPOSE ACKNOWLEDGEMENT State of C G tf by-yl tn, OPTIONAL SECTION County of_ 'f C(A/ry&A a—, I CAPACITY CLAIMED BY SIGNER ' 1 1 � 1i � On ,before me,_�,W j '(�(.��p�Y I � 1 y C.) Though statute does not require the Notary to fill DATE AME, TLE OFOFFICER E.Q J � OE,NOTARY PUBLIC' In the data below,doing so may prove invaluable to personally appeared �I 64 A' ( V ar U persons relying on the document. NAME(S)OF SIGNER(S) L) ❑ INDIVIDUAL f personally known to me-OR-C1 O provided to me on thI 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 his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL L. WILSON his/her%their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT V COMM*1468544 person(s) or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) • NOTARY PUBLIC-CALIFORNIA persons)acted,executed the instrument. ❑ ElGUARDIAN/CONSERVATOR ALAMEDA COUNTY (� ❑ ❑ OTHER: COMM.EXP.MARCH 4,2008-+ WIfNE hand a official seal, 1 SIGNER IS REPRESENTING: SIGNATURE OF NOTAR 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 IIJ 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. L 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 Jame 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 )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 mstr ment to execute instrtunents 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 California JI OPTIONAL SECTION County of Orange CAPACITY CLAIMED BY SIGNER I On 3/15/06 before me, Maria Luisa R. Aguinaldo, Notary' Though statute doesnot require the Notary tofill DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable I Publicto persons relying on the document. personally appeared Victoria M. Campbell NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL ❑personally(mown to me-OR-❑❑ provided to me on the basis of satisfactory e;iamce to 13 ❑ CORPORATE OFFICER(S) be the person(s)whose name( Is/ a subscribed TITLE(s) to the wit ' trument and acknowledged to a R. N� me h s hey executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED h' their authorized capacity(ies),and that by ❑ ❑ GENERAL COMM.x11406174 hi heir signature(s)on the instrument the ❑ ATTORNEY-IN-FACT ' ND7ARyp(�.CVJ:CW � person(s)or the entity upon behalf of which the ATRUSTEE(S) '� ^�OPANGE OOI & person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR 41�I0M.E1.Mff4h% 2W? WITNESSan offici eal, ❑ ❑ OTHER: mmma yhand �'- U_ SIGNER IS REPRESENTING: J SI 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 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 fraudu(Int Signer(s)Other Than Named Above re-attachment of this form I 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 betypedor 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 J 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 tome that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." a POWER Safeco Insurance Companies OPO Box 34526 F ATTORNEY 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, its true and lawful attorney(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 I day of December 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 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 alfacsimile 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 IN 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 00 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 i y facsimile,and the seal of the Company may be a facsimile thereof." [,Stephanie Daley-Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certifylthat 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 i et my hand and affixed the facsimile seal of said corporation this 15th day of March 2006 I CtiRPQRATE '" SEALS£AL 'A Xy a� STEPHANIE DALEY-WATSON,SECRETARY of Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. -..S-0974fDS 4105 WEB PDF I