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Home My WebLink AboutMINUTES - 05092006 - C.9 TO: BOARD OF SUPERVISORSI ., __ .; Ontra FROM: MAURICE M. SHN,PUBLIC WORKS DIIZECTOR Costa DATE: May 9, 2006 'cos. w,4or Coy County SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 98-07998, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/a57'� for Subdivision 98-07998, approving the Second Extension of the Subdivision Agreement, for project being developed by Western Pacific Housing, Inc., San Ramon (Dougherty Valley) area. (District III) 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 guaranteeing completion of the improvements will not be renewed. Continued on Attachment:✓ SIGNATURE: ` L� ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVETHER SIGNATURES ACTION OF BOD hN y ft D APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENTeo F)01�-) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT; ABSTAIN: date shown. SG:kg G:IGrpDatalEngSvclB0120061OS-09\SD 98-07998 BO-1 Ldoc Originator: Public Works(ES) .ATTESTED: Contact: S.Gospodchikov(313-2316) Bond No/Date:6260526(March 30,2004) JOHN CULLEN, 6eerk of the Board of cc: Public Works—Construction Current Planning,Community Development Supervisors and County Administrator T—February 25,2007 Western Pacific Housing,Inc. c/o D.R.Horton 6658 Owens Drive Pleasanton,CA 94588 By , Deputy ATTN: Peter Lezak dr Safeco Insurance Company of America 2055 Sugar Loaf Circle Duluth,GA 30097 ATTN: Bonding Dept. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 9, 2006 by the following vote: APES: Uilkema Pie ho DeSaul er Glover and Gioia p e 1 d a NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 98- 07998, San Ramonl(Dougherty Valley)area. (District III) I The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Western Pacific Housing, Inc.and the County for construction of certain improvements in Subdivision 98-07998,in the Norris Canyon Estates area, through April 27, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90% 1 ♦ ANTICIPATED DATE OI COMPLETION: May 2006 ♦ REASON FOR EXTENSION: Need to complete all punch list items. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. sG:kg I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\2006\05-09\sD 98-07998 BO-1l.doc Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: S.Gospodchikov(313-2316) shown. Bond No/Date:6260526(March 30,2004) cc: Public Works—Construction �+ Current Planning,Community Development ATTESTED: 7J ` T—February 25,2007 Western Pacific Housing,Inc. JOHN CULLEN, LKrk of the Board of Supervisors and County c/o D.R-Hoon Administrator 6658 Owens Drive Pleasanton,CA 94588 ATTN: Peter Lezak Safeco Insurance Company of America 2055 Sugar Loaf Circle By , Deputy Duluth,GA 30097 ATTN: Bonding Dept. RESOLUTION NO.2006/ 099 5 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION I Development Number: SD 98-07998 Developer: Western Pacific Housing,Inc. Original Agreement Date: April 27,2004 Second Extension New Termination Date: April 27,2007 Improvement Security Surety: Safeco Insurance Company of America Bond No. (Date): 6260526 (March 30,2004) Security Type Securitv Amount Cash: $32,886.00 (1% cash,$1,000 Min.) Bond: $3,255,714.00(Performance) $ 1,644,300.00(Labor& Material) The Developer and the Surety desire this(Agreement to be extended through the above date;and Contra Costa County and said Surety here a ee thereto1d c owledge same. Dated: 0 4 Dated: J,//,7/0 FOR CONTRA COSTA COUNTY I Developer's Sign ure(s) Maurice M. Shiu,Public Wor s D' t ��.{.DG c T KD C..t-ev- By: ' Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: v, a i Printed (Engine 'ng Services Division) W58 ou3Elas DRkge,?LeAswsr6?, C, 6 4SE'9 Address Safeco Insurance Company of America (NOTE: Developer's, Surety's and Financial Surety or Financial Institution 2055 Sugarloaf Circle Institutions Signatures must be Notarized) Duluth, GA 30097 FORM APPROVED:Vicwj.Wmt ,County Counsel Address/ After Approval Return to Clerk of the Board Attorney in Facts Sigvure M.L. Gray, Attorney-In-Fact Printed C/O WILLIS OF FLORIDA 3000 BAYPORT DRIVE,#300 TAMPA,FL 33607 INQUIRIES:(813)281-2095 i I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California I OPTIONAL SECTION County of ALAMEDA I CAPACITY CLAIMED BY SIGNER On D ,before me, Debra A. Ferranti AdPw Though statute does not require the Notary to BII DATE I L NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY P LIC" in the data below,doing so may prove invaluable to personally appeared 31- e0 Il e'a I persons relying on the document. NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL ❑$ 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 DEBRA A.FERRANTI me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED Commission#1460019 his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL amy Notary Public-California his/her/their signature(s)on the instrument the 11 ❑ ATTORNEY-IN-FACT persContra Costa County ons)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) Comm.Expires Jan 31,201 person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR wit S my hand a fic' 1 seal, ❑ ❑ OTHER: Li SIGNER IS REPRESENTING: SIGNATURE OF NOTAI I NAME OF PERSON(S)OR ENTITY(IES)) ❑PI acknowledged tome that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. I OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages i 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 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 corporatiori executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." -- • CERTMCI TE OF ASSISTANT SECRETARY I . The undersigned hereby certifies as follows: I. He is a duly elected, qualified and acting Assistant Secretary of Western Pacific Housing, Inc., a Delaware corporation (the "Company"), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true,correct and complete copy o£resolutions related to the subject matter as adopted by the Consent of Sole Director of the Company dated November 30, 2005 (the "Resolutions"). The Resolutions have not been amended,rescinded or modified and remain in full force and effect as of the date hereof. Election of Assistant Vice President Construction RESOLVED, that Bridgit L. Koller is hereby elected to the office of Assistant Vice President of the Company(the"Assistant Vice President"), to serve in the Company's Bay Area Division(the"Division"),until the next annual meeting of directors of the Company and until her successor is duly elected and qualified or until her earlier death, resignation or removal. RESOLVED FURTHER, that the Assistant Vice President is hereby authorized, in the Division and in the name and on behalf of(A) the Company, (B) any partnership ofwhich the Company is a general partner,manager or agent,and(C) any limited liability company of which the Company is a member,manager or agent (collectively, the "Entities '),to execute and deliver (i) any and all documents and instruments, including without limitation home sales contracts, general or special warranty deeds,bills of sale,lien waivers, owner's affidavits,settlement statements and other conveyance documents and closing statements necessary to contract for or close the sale of any one or more single-family residences on behalf of the Entities, (ii)signage contracts,advertising agreements,applications to the department of real estate, consulting agreements, homeowner association documents, construction personnel employment agreements and similar or equivalent agreements,documents or instruments,and(iii)maps,plats,contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property. IN WITNESS WHEREOF, the undersigned has set his hand on the 16'h day of January, 2006. Thomas B. Montano, Assistant Secretary U:UT£NALI MinItFPHJnc106JanJ 6-COA&wpd ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. th 1 On this 17 day of March, 2006 before me, personally came M. L. Gray, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Safeco Insurance Company of America, and acknowledged to me that he/she executed the within instrument on behalf of said surety company, and was duly authorized to do. In witness whereof, I� have signed and affixed my official seal on the date in this certificate first above written. r Signature Margar A. Ginem OFFICIAL SE—Al- MARGARET EALMARGARET A.GINEM ida of Notary Public State of Florida Comm.#DD 176563 Comm.Exp.Jan.8,2007 This area for Official Notarial Seal Safeco Insurance Company of America POWER General Insurance Company of America Safeco Plaza fa OF ATTORNEY Seattle,WA 98185 KNOW ALL BY THESE PRESENTS: No. 10171 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint *****************NELA BARNOLA;ANETT CARDINALE;DAVID H.CARR;JAMES W.DUNN;MARGARETA.GINEM; M.L.GRAY;PAMELA L.MORGAN;GLORIA ROBB;DENISE TAYLOR;Tampa,Florida***************************** 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 this 7th I day of March 2006 STEPHANIE 04 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 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-attorneylappointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomay 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 let my hand and affixed the facsimile seal of said corporation this 17th day of March 2006 CORPORATE q' SEALw SEAL 110 X 1g-Z's STEPHANIE DALEY-WATSON,SECRETARY M� Of Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4105 WEB PDF