HomeMy WebLinkAboutMINUTES - 06202006 - C.5 TO: BOARD OF SUPERVISORS t�E -`�� Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR `� Costa
DATE: June 20, 2006 County
srq COUi3
SUBJECT: Approving the Third Extension of the Road Improvement Agreement for RA 01-01126 (cross-
reference Subdivisions 00-08362 and 85-06610), Oakley area. (District V)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/ for RA 01-01126 (cross-reference Subdivisions 00-08362 and 85-06610),
approving the Third Extension of the Road Improvement Agreement, for project being developed by Rock Island
Homes, Inc., 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
SIGNATURES
ACTION OF BO ON W G, APPROVED AS RECOMMENDED OTHER
VO OF SUPERVISORS
UNANIMOUS(ABSENT Q'7��/ I hereby certify that this is a true and correct
AYES: NOES:
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors on the
LB:kg date shown.
Z:1GrpData\EngSvc\BO\2006106-20\RA 01-01126 BO-I I.doc
Originator: Public Works(ES)
Contact: S.Gospodchikov(313-2316) / n
Bond No/Date:BE 2638209/December 17,2001 ATTESTED: f,/u/v 7 G' � ACO
cc: Public Works—Construction
Current Planning,Community Development JOHN CULLEN, Clerk of the Board of
T—December 12,2007 Supervisors and County Administrator
Rock Island Homes,Inc.
I8001 Cowan,Suite C
Irvine,CA 92614
ATTN: Dennis Menke
Traveler's Casualty&Surety Co. By ,Deputy
One State Street Plaza
New York,NY 10004
ATTN: Mark Fitzgerald
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 20, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia"
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/
SUBJECT: Approving the Third Extension of the Road Improvement Agreement for RA 01-
01126(cross-reference Subdivisions 00-08362 and 85-06610),Oakley area.(District
V)
The Public Works Director having recommended that he be authorized to execute the third
agreement extension which extends the Road Improvement Agreement between Rock Island Homes,
Inc. and the County for construction of certain improvements in RA 01-01126 (cross-reference
Subdivisions 00-08362 and 85-06610), in the Oakley area,through February 12, 2008;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 80%
♦ ANTICIPATED DATE OF COMPLETION: 2007
♦ REASON FOR EXTENSION: Work delayed due to unanticipated permit issues.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
LB:kg
Z:\GrpData\EngSvc\BO\2006\06-20\RA 01-01126 BO-1 l.doc I hereby certify that this is a true and correct copy of an action taken
Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date
Contact: S.Gospodchikov(313-2316)
Bond No/,Date:BE 2638209/December 17,2001 shown.
cc: Public Works—Construction /
Current Planning,Community Development ATTESTED: \/,C,&77 G cc d/ 0
T—December 12,2007
Rock Island Homes,Inc. JOHN CULLEN, Clerk of the Board of Supervisors and County
18001 Cowan,Suite C Administrator
Irvine,CA 92614
ATTN: Dennis Menke
Traveler's Casualty&Surety Co.
One State Street Plaza By Deputy
New York,NY 10004
ATTN: Mark Fitzgerald
RESOLUTION NO.2006/ &700
CONTRA COSTA COUNTY
ROAD IMPROVEMENT AGREEMENT EXTENSION
Development Number: RA 01-01126
Developer: Rock Island Homes, Inc.
Original Agreement Date: February 12,2002
Third Extension New Termination Date: February 12, 2008
Improvement Security
Surety: Travelers Casualty and Surety Company
Bond No. (Date): BE 2638209 (December 17, 2001) 1
Security Tv]2e Securitv Amount
Cash: $ 2,200.00 (1% cash, $1,000 Min.)
Bond: $ 217,800.00 (Performance)
$ 110,000.00 (Labor& Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety herebyagreethereto and acknowledge same.
-5 �� _
Dated: J;
Dated: - /& - 0(0
o Island 7 0 es
By:
FOR CONTRA COSTA COUNTY dev"eT-55per's Signature(s)
Maurice M. Shiu,Public Works Director
Dennis V. Menke, V.P. & Secty,
B Printed
Rock Isl H Inc.
By:
Developer's Signatures)
RECOMMENDED FOR APPROVAL:
Thomas E. Johnston, President
By: AAXlle,, — Printed
(Engineering rvices Division) 18001 Cowan, Suite C
Irvine, CA 92614
Address
Financial Surety
Casualty and Surety Company
(NOTE: Developer's, Surety's and Fi
Surety or Financial Institution
Institution's Signatures must be Notarized.)
FORM APPROVED:Vim,J.W�,County Counsel
One State Street Plaza, New York, NY 100,04
Address s
After Approval Return to Clerk ortlie Board
ey ' 4�Signat
Mark Fitzgerald, Attorney-In-Fact
Printed
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California
COUNTY OF Oran e
On May 16, 2006 , before me, Lind Allred , personally appeared
Dennis V. Menke personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature y��l
Commission Vxpires January 9, 2010
PLIND ALLRED
comm. #1636288
0NOTARY PUBLIC-CALIFORNIA
is-
ORANGE COUNTY n
OMM.EXPIRES JAN.9,2010
1
ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF Cali ornia
COUNTY OF Oran e
On May 16, 2006 , before me, Lind Allred ,personally appeared
Thomas E. Johnston personally known to me (or proved to me on the basis
of satisfactory evidence)to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature ^J,
Commission Expires January 9, 2010
cMD#1ss0OM. 88
• NOTARY PUBLIC•CALIFORNIA
ORANGE COUNTY 0
COMM.EXPIRES JAN.9,2010 j
STPAUL
TRAVELER
Assumption of Liability Certificate
Obligee: County of Contra Costa
Principal: Rock Island Homes, Inc
This certifies that, in consideration of the agreements and covenants herein contained
and other good and valuable consideration, Travelers Casualty and Surety Company
hereby assumes liability as Surety under Gulf Insurance Company Bond Number
BE2638209 executed and previously filed by Gulf Insurance Company hereinafter
referred to as the Company, in favor of the above-named Obligee.
By issuance of this Certificate, it is agreed:
1. That the liability of Travelers Casualty and Surety Company under said
bond (a) shall be subject to all of the terms, conditions, limitations and
warranties contained in said bond and any amendment thereto or
agreement between the Obligee and the Company affecting the same;
and (b) shall in no event be greater than would have been the liability of
the Company had this Certificate not been issued.
2. That all rights of the Company, which would have been available to the
Company by reason of its suretyship under the aforementioned bond, or
otherwise, if this Certificate had not been executed, shall inure to the
benefit of and be fully enforceable by Travelers Casualty and Surety
Company
3. This assumption of liability by Travelers Casualty and Surety Company
under the said bond is effective as of the date hereof and the liability of
the Company under the said bond is simultaneously terminated hereby to
the extent that such liability is assumed by Travelers Casualty and Surety
Company.
4. Signed and dated this 25th day of April 2006.
Travelers su y and Surety Company
By: -= -
k itz , Attorney�Eact , '
Agent's Copy
Principal's Copy
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter.the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Christine Cahill, Mark Fitzgerald, Daniel S. Frey, of New York,New York, their true
and lawful Attomey(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within
the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of
indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents
incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized
officers of the Companies, and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if -
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached. ;
(02-05)Unlimited
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 9th day of September, 2005.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS.Hartford FARN19NGTON CASUALTY COMPANY
COUNTY OF HARTFORD
�►p6__.".Y ' tY ANO a,G 2&'S!/��`
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a
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h a NaRiFORD. < i'1992 a By
CONN. !° � . +D George W. Thompson
10' Senior Vice President
On this 9th day of September, 2005 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals;and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
G TET
My commission expires June 30, 2006 Notary Public
Marie C.Tetreault
CERTIFICATE
1, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority,are now in force.
Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 25th day of
April 120 06
ci
' a NnarFORo, < n 1982 o
FA
com. CONN. o° _ * t
By
Nicholas Seminara
Senior Vice President
TAL
TRAVELERS
PRINCIPAL'S ACKNOWLEDGEMENT
INDIVIDUAL VERFICATION
State of County of
On This day of ,in the year ,before me personally came
to me known,and known to me to be the person(s)who is
(are)described in and who executed the foregoing instrument,and acknowledges to me that he(they)executed the same.
(Signature and title of official taking acknowledgement)
PARTNERSHIP VERIFICATION
State of County of
On This day of ,in the year ,before me personally came
to me known,and known to me to be the person(s)who is
(are)described in and who executed the foregoing instrument,and acknowledges to me that he(they)executed the same.
(Signature and title of official taking acknowledgement)
CORPORATE VERIFICATION
State of County of
On this day of ,in the year ,before me personally came
to me known,who,being by me duly sworn,deposes and
says that he resides in the City that he is the
of the ,the corporation described in and which executed the foregoing
Instrument,that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it
was so affixed by the order of the Board of Directors of said corporation,and that he signed his name thereto by like order.
(Signature and title of official taking acknowledgement)
SURETY COMPANY ACKNOWLEDGEMENT
State of New York ,County of New York on
this 25th day of April ,in the year 2006 before me personally
came Mark Fitzgerald to me known to be the individual described in and who
executed the foregoing instrument and to be the Attorney-In-Fact of TRAVELERS CASUALTY AND SURETY COMPANY,which is to
me known to be the corporation described in the foregoing instrument,and which,by its said Attorney-In-Fact executed the same,and said
Attorney-In-Fact duly acknowledged to me that he knows the seal of said corporation;that the seal affixed to said instrument is such
Corporate Seal;that it was so affixed by order of the Board of Directors of said Corporation;and that he executed the said instrument
as the acting deed of said TRAVELERS CASUALTY AND SURETY COMPANY,therein described and for the uses and purposes
therein mentioned,by virtue of a certain power of attorney executed by said TRAVELERS CASUALTY AND SURETY COMPANY
dated Apri125,2006 which said power has never been revoked anadj's,still in W force and effect
KYOKO HESHIIMU %YOKO HFS 111 Notary Public
tow public-Stets of New Yak �,ry Public. of
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