HomeMy WebLinkAboutMINUTES - 09122006 - C.7 S� ` Contra
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TO: BOARD OF SUPERVISORS -'-.�-�' --••o
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR _:r `. ` s Costa
DATE: September 12, 2006
�s County
SUBJECT: Approving the Third Extension of the Road Improvement Agreement for Road Acceptance 00-
01106 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC
Land Company, LLC, San Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I '
RECOMMENDATION(S): _
ADOPT Resolution No. 2006N or Road Acceptance 00-01106 (cross-reference Subdivision 95-07976),
approving the third extension of the road improvement agreement,for project being developed by Windemere BLC
Land Company, LLC, San Ramon (Dougherty Valley) area. (District III)
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FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Road Improvement Agreement has expIired.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement Extension will not be renewed.
I
Continued on Attachment:J� SIGNATURE:.
I �
_vRECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
[/APPROVE OTHER
I r
SIGNATURES : z �zt-�
ACTION OF BVISORS
ON f>a o�,s►-d APPROVED AS RECOMMENDED OTHER
VOF SUPE , / I hereby certify that this is a true and correct
UNANIMOUS(ABSENT Acv ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: I date shown.
G:\EngSvc\60\2006\09-12\RA 00-1106 BOA Ldoc
TR:vz —/ n
Originator: Public Works(ES) ATTESTED:
Contra: T.Ric(313-2363) /
Bond No/Date:111 4171 5166(September 26,2000) JOHN CULLEN, Clerk of the Board of
cc: Public Works—A.Bell,Construction i Supervisors and County Administrator
CurrcnhPlanning,Community Development
T—July II,2008
Windenx re BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583 By , Deputy
Atht:B.Olin
The American Insurance Company
777 San Marin Drive
Novato,CA 94998
Atm:Brenda J.Dickson
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 12, 2006 by the following vote:
AYES: Uilkema. Piepho, DeSaulnier, Glover and Gioia
NOES: None I
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/_6'—a5_
SUBJECT: Approving the third Extension of the Road Improvement Agreement for Road
Acceptance 00-01106 (cross-reference Subdivision 95-07976), for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District III)
The Public Works Director having recommended that he be authorized to execute the third
agreement extension which extends the Road Improvement Agreement between Windemere BLC
Land Company,LLC and the County for construction of certain improvements in Road Acceptance
00-01106 (cross-reference Subdivision 95-07976), in the San Ramon (Dougherty Valley) area,
through September 11, 2008;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100%
♦ ANTICIPATED DATE OF OMPLETION: September 28, 2006
♦ REASON FOR EXTENSION: Improvements have been accepted and are in the one year
warranty period. Needs Final inspection followed by Board Acceptance and Bond
Exoneration.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an action taken
G:\L•ngSvc\Bo\)006\09-12\RA 00-1106 BOA I.doc and entered on the minutes of the Board of Supervisors on the date
TR:vz shown.
Originator: Public Works(GS)
Contact: T.Ric(313-2363) ATTESTED:
Bond No/Date:1 I 1 4171 5166(September 26,2000)
JOHN CULLEN, elerk of the Board of Supervisors and County
cc: Public Works—A.Bell,Construction Administrator
Current Planning,Community Development
T--July 11,2008
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583 By ,Deputy
Attn:B.Olin
The American Insurance Company
777 San Marin Drive
Novato,CA 94998
Attn:Brenda J.Dickson
RESOLUTION NO.2006/ �3`�
Contra Costa County
ROAD IMPROVEMENT AGREEMENT EXTENSION
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Development Number: RA 00-01106(cross-reference SD 95-07976)
Developer: Windemere BLC Land Company,LLC
Original Agreement Date: September 11,2001
Third Extension New Termination Date: September 11,2008
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Improvement Security
Security Tyne Security Amount
Cash: $22,100.00 (1% cash,$1,000 Min.)
Bond Rider: $328,500.00 (Performance)
$ 1,106,000.00(Labor&Material)
Bond Rider No. (Date): 1114171 5166 (September 26,2000)
Surety: I The American Insurance Company
I
The Developer and the bonding company desire this Agreement to be extended through the above date; and Contra Costa
County and said Surety hereby agree thereto and acknowledge same.
/0 Dated:
Dated: U �6
See
Developer's Signatures)
FOR CONTRA COSTA COUNTY
Maurice M. hiu ublic Works Director Printed
By:
Developer's Signature(s)
RECOMMENDED FOR APP Printed
By. Address
(Engineering Se c s Divisio )
The Arlerican Insurance ,(?nj)any
Surety or Financial Instituti,01i
777 San r4arin Drive;:- ,ovato, CA 94998
Address _
(NOTE. Developer's, Surety's and Financial Institution's
Signatures must be Notarized.) '
Attorney in Facts Si ature
After Approval Return to Clerk of the Board Brenda J. Dickson 7/26/2006
FORMAPPROV£D: VicorJ Weeimm,Co., oun,� Printed
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Bond#111 4171 5166(Road Improvement Agreement Extension)
WINDEMERE BLC LAND COMPANY, LLC,a California
limited liability company
By: LEN-OBS WINDEMERE, LLC., a Delaware limited
liability company, its Managing Member
By: LENNAR HOMES OF CALIFORNIA, INC., a California
corporation, its Managing Member
By: G G�
Brian G. Olin, Vice-President
By: e:a- W i
Erik S. Brown,Asst. Secretary
i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
` - ss.
County of
OnJ �� before me, /� 440, C /�6.1f�1Y�c.
Date Name and Ttle of Officer(e.g.,"Jane Doe.NotaryP lblic")
personally appeared VAV S �IY-D- 4_sy1 ✓�.. (S V\16
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is>are subscribed
to the within instrument and acknowledged to me that
LVAMMAR1M he/she/they executed the same in hie#her/their
Conunla,lon#r 1614317 authorized capacity(ies), and that by 4i-f /their
% 1
N01My hdit.California signature(s) on the instrument the person(s), or the
Contra Costa County entity upon behalf of which the person(s) acted,
My comm:Expires Oct 18,2009 executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above yam/ 4 �n VW.
F-1. Signature of kotary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
I
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—0 Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorneyin Fact •
Tap of thumb here ❑ Attorney in Fact
El Trustee Top of thumb here
❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION I ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY I AMERIGAN AUTOMOBILE INSURANCE COMPANY .
GENERAL POWER OR ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint
Brenda J. Dickson of Novato , CA
their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the
Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now
in fall force and effecL
This power of attorney is signed and sealed tender the authority of the following Resolution adoptod by the Board of Directors of each of the
Companies at a meeting duly called and held,or by written
consent,on the 19th day of March, 1995,and said Resolution has not been amended
or repealed:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,
and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,
or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Companies."
IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto
affixed this 15 day of A n r i 1 2 0 0 2
I
•scurry �µrecs Ev � ,:� �., FIREMAN'S FUND INS CECORWANY
• °e, .�t�,..."�,tia � �• �a°r;'1�_ NATIONALS CORPORATION
a o _ e • • € THE AMERICAN INS CE COMPANY
z
SEP[a6r0 y ' .. '. ♦ c,36 E A 08'
W, a e, �€ ASSOCIATED 1ND CORPORATION
�6,y`�'d" `••.,.::... ' 4kcF co J�4�kCE�eo'�e - i`oua~ AMERICAN AUTOMOBILE INS CE COMPANY
� I
STATE OF CALIFORNIASS. I BY
COUNTY OF MARIN } I vice-p est t
Oa this 15 day of April 2 0 0 2 ,before me personally e Haro ld .N_. Marsh
to me Imown,who,being by me duly sworn,did depose and say. that he is a Vice-President of each company,described in and which executed
the above instrument;that he knows the seals of the said Companies;that the seats affixed to the said instrument are such company seals;that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by Hike order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seat,the.day and year herein first above written.
r KRISTIN A.GAZZOLI
0 COMM.#1262236
NOTARY PUSUC-CALIFORNIA
QMARIN COUNTY 0
My Comm.Expires Apr9 29,2004
is
STATE OF CALIFORNIASS. I CERTIFICATE _.
COUNTY OF MARIN I
I, the undersigned, Resident Assistant Secretary of eal h company, DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution
of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin. Dated the i 26th day of July 2006
I
\•'E•...� _ �Mr'n t sG
aertao+o �','••,. ,•CSI� Z•`tettfkc,.E+«e�o.f.Id• rY�ER `•'•
C�d5 r'o6 E A
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_
Resident Assistant SOMWY
Ca
c CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of C a/I,TUV-n I a, OPTIONAL SECTION
County of l7Ck.Yl knJ&541,
J/ I CAPACITY CLAIMED BY SIGNER
Ili
On 7 �IP before me, S'f'I n /4. 66 1 W t i,/V,*" X 61 C 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
personally appeared B ru,da I GILs car to persons relying on the document.
NAME(S)OFSIGNER(S) ❑ ❑ INDIVIDUAL
\ ❑
l9�ersonalty(mown to me-OR-❑13provided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the persono)whose name(s)is/afe subscribed TITLE(S)
to the within(Instrument and acknowledged to
r KRISTIN A.GAZZOLI me that)(e/she/they executed the same in 0 ❑ PARTNER(S) O ❑ LIMITED
COMM. 91486119 D his/her/thor authorized capacity(ied),and that by ❑ ❑ GENERAL
I
NOTARY PUBLIC-CALIFORNIA I bis/herAWr signature()on the instrument the ❑ ❑ ATTORNEY-IN-FACT
LL,
•., MARIN COUNTY 0 personal or the entity upon behalf of which the 0 ❑ TRUSTEE(S)
My Comm.Expires APRIL 29.2008 1 perso acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR
w Sm n d officia seal, O ❑ OTHER:
' SIGNER IS REPRESENTING:
SIGNAT F Y (NAME OF PERSON(S)OR ENTITY(IES))
0❑ acknowledged to me that such corporation executed he ithin instru � uant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document ba4 brie'0t'elw-,'+
TO THE DOCUMENT AT RIGHT. Number of Pages I
Though the adjacent data is not required by law,it may prove valuab)e Date of Document 7 I R(P Ali(v
to persons relying on the document and could prevent fraudu'ent 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. 'Ilrl;a m
must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS-Tie 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 instrurrient 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."
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