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Home My WebLink AboutMINUTES - 09192006 - C.8 TO: BOARD OF SUPERVISORS Contra`�t�---- �' FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR S. �. t��tn :. ; Costa DATE: September 19, 2006 County ST'4-COUt't SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 00- 01094 (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 RECOMMENDATION(S): ADOPT Resolution No. 2006/6,55 for Road Acceptance 00-01094 (cross-reference Subdivision 95-07976), approving the Second Extension of the Road Improvement Agreement,for project being developed by Windemere BLC Land Company, LLC, 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 Road Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement guaranteeing completion of the improvements will not be completed. Continued on Attachment: ✓ SIGNATURE: �ifi✓� ' RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _,�,ArPPROVE OTHER SIGNATURES ACTION OF BOR ON c5G/�/G!»�!i�' / o�L-D� APPROVED AS RECOMMENDED OTHER voToF SUPER sons I hereby certify that this is a true and correct �V/ UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:vz G:\EngSvc\130\2006\09-19\RA 00-1094 BO-ll.doc ATTESTED: �e-/�T vn.f.c-,w19,aZrO-6 Originator: Public Works(ES) Contact: T.Ric(313-2363) JOHN CULLEN,tlerk of the Board of Bond No/Date:11133599370(December 18,2001) Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development T—December 12,2007 Windemere BLC and Company,LLC 6121 Bollinger Canyon Road,Suite 500 By , Deputy San Ramon,CA 94583 Attn:B.Olin The American Insurance Company 777 San Main Drive Novato,CA 94998 Attn:Brenda Dickson THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 19, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, DeSAULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR PIEPHO ABSTAIN: NONE RESOLUTION NO. 2006155 8 SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 00-01094 (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 second agreement extension which extends the Road Improvement Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Bollinger Canyon Road South, in the San Ramon (Dougherty Valley) area, through February 12, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: Fall 2007 ♦ REASON FOR EXTENSION: Completing punch list items. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. TR:vz G:\Eng5vc\BO\2006\09-19\RA 00-1094 BO-1 Ldoc 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: T.Rie(313-2363) shown. Bond No/Dater 11133599370(December 18,2001) f� Q cc: Public Works—Corr structiond6e ATTESTED: Current Planning,Community Development —� T—December 12,2007 JOHN CULLEN, Clerk of the Board of Supervisors and County Windenrere BLC Land Company,LLC Administrator Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:B.Olin The American Insurance Company 777 San Main Drive By ,Deputy Novato,CA 94998 Attn:Brenda Dickson RESOLUTION NO.2006/ CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 00-01094(cross-reference SD 95-07976) Developer: Windemere BLC Land Company,LLC Original Agreement Date: February 12,2002 Second Extension New Termination Date: February 12,2008 Improvement Security Surety: The American Insurance Company Bond No.(Date): 111 335 993 70(December 18,2001) Security Tvee Security Amount Cash: $28,400.00(1% cash,$1,000 Min.) Bond: $2,814,600.00(Performance) $1,421,500.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and clrnowledge same. Dated: Dated: FOR CONTRA COSTA COYJNTY Developer's Signature(s) Maurice M. Shiu,Public Wor Dire r By: Printed Developer's Signature(s) RECOMMENDED OR OVAL: By: Printed (Engineer no Se, ivision) Address The American Insurance''Con�5an1 (NOTE. Developer's, Surety's and Financial Surety or Financial Institution . Institution's Signatures must be Notarized.) 777 San Marin Drive, Novato, CA 94993 FORMAPMoVED:View J.wft�CmVC�d Address Ater Aaoroval Rdmn,to Clerk of the Board + Attorney in Facts SiVnature Brenda J. Dickson August 3, 2006 Printed Bond#111335 993 70(Road Improvement Agreement Extension RA 00-01094) 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 l/— Brian G. Olin,Vice-President By: /�✓ // Erik S. Brown,Asst. Secretary FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF 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 seats of the Companies and duly attested by the Companics'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 full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted 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 seal 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 seats to be hereunto affixed this 15 day of April 2 n p 2 FI�REMAN`SFUND INS CE COMPANY ¢ ,�� .;. •..,.•,` f •�tia `� r 1 _ NATIONALS CORPORATION a o THE AMERICAN INS CE COMPANY FT Ire a , • • • ,SE6EALj8E Z ASSOCIATED IIID CORPORATION AMERICAN AUTOMOBILE INS CE COMPANY STATE OF CALIFORNIA SS. By COUNTY OF MARIN V Yoe-errsi on this 15 day of April 2002 ,before me personally cime Haro ld .N— Marsh to me known,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 seals 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 like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written. r KRISTIN A GAZZOLI D 0 COMM.#1262236 NOTARY PUSUC-CAL IFORNtA ,{ MARiN COUNTY 0 ` (MY Comm.ExMms ApeJ 29.2004 STATE OF CALIFORNIA SS. CERTIFICATE -. is COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each 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 scaled at the County of Marin. Dated the 3rd day of August 2006 10 tI 3 A Lt EB1'f.itAfO � �Csdr' ,••. •'r 'fit �! i~G* •..• ,j�� 11 •_-j14� �i� �/ e,,,,,,,•• NCE '1KCE G� `'� /� Resident Assistant Std MMY CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAL SECTION County of Marin CAPACITY CLAIMED BY SIGNER On 8/3/2006 before me,Kristin A. Gazzoli 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 to personally appeared Brenda J. Dickson persons relying on the document. NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL I personally known to me-OR-0❑ provided to me on the basis of satisfactory evidence to 0 ❑ CORPORATE OFFICER(S) be the personW whose name(s)is/ade subscribed TITLE(S) to the within instrument and acknowledged to r KRISTIN A.GAZZOLI D me that 1)e/she/tho executed the same in ❑ ❑ PARTNER(S) 0 Cl LIMITED 0 COMM. #1486119 hh/her/ftir authorized capacity(iW,and that by ❑ ❑ GENERAL NOTARY PUBLIC-CALIFORNIA mer/their signatures)on the instrument the ❑ ❑ ATTORNEY-IN-FACT Q MARIN COUNTY 0 person(g)or the entity upon behalf of which the 0 ❑ TRUSTEE(S) My Comm.Expires APRIL 29,2008 't person✓,)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR ESS I aWnoffil seal, ❑ ❑ OTHER: SIGNER IS REPRESENTING: SIGMAY I NAME OF PERSON(S)OR ENTITY(IES)} CIO acknowledged to me that such corporation executed the within in, ru uant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION 4m 6os4, Co U,, THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document /I 1 3.3 519 97 D 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 $'31 0(P to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment 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 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 cThe President Any Vice-President GROUP 2. al 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 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 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On August 11, 2006, before me, Karen L. Keenan,Notary Public, personally appeared Brian G. Olin & Erik S. Brown personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN Commission# 1378827 Notary Public - California _ Signature of Notary blic Contra Costa County My Comm.Expires Oct 7,2006