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Home My WebLink AboutMINUTES - 09192006 - C.9 TO: BOARD OF SUPERVISORS -E SEL = Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o - Costa .:%snu'U ' 'z DATE: September 19, 2006 County T9 COUN SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) 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/\"-1 for Road Acceptance 00-01094 (cross-reference Subdivision 95-07976), approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping), 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 Subdivision Agreement(Right-of-Way Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be completed. Continued on Attachment: ✓ SIGNATURE: e � _,RVCOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE r.A1PROVE OTHER SIGNATURE(S)QL'Ie� '6;�" ACTION OFBO ON -'0"; G� by APPROVED AS RECOMMENDED OTHER voT OF SUPER SOBS / I hereby certify that this is a true and correct 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\BO\2006\09-19\RA 00-1094 BO-I IA.doc Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED:-4�a� Bond No/Date:11133599396(December 18,2001) —� cc: Public Works-Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development Supervisors and County Administrator T–March 7,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Ann:B.Olin By , Deputy 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. 2006/ ,5-59 SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) 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 Subdivision Agreement (Right-of-Way Landscaping) 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 March 7, 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:\EmgSvc\BO\2006\09-19\RA 00-1094 BO-11A.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: T.Ric(313-2363) shown. Bond No/Date:11133599396(December 18,2001) cc: Public Works—Construction ATTESTED: <gy �,6. Current Planning,Community Development T—March 7,2008 JOHN CULLEN, Clerk of the Board of Supervisors and County Windemere BLC Land Company,LLC Administrator 6121 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/ 55 L- CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: RA 00-01094(cross-reference SB-9S-A1094) 'Developer: Windemere BLC Land Company,LLC Original Agreement Date: May 7,2002 Second Extension New Termination Date: May 7,2008 Improvement Security Surety: The American Insurance Company Bond No.(Date): 111335 993 96(December 18,2001) Security Tyne Security Amount Cash: $ 16,500.00(1% cash,$1,000 Min.) Bond: $1,635,500.00(Performance) $826,000.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: Dated: �— FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shi ,Public Works Pirec By: Printed Developer's Signature(s) RECOMMENDED FOR APPROV r By: _ Printed (Engineering Servic@-DiAtionf Address The American Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 777 San 1larin Drive, Novato, CA 94998 MRMArvaoven:ViwJ.W vamC=tycowa Address After Aooroval Return to Clerk ottke Board Attorney in Facts Sign ure Brenda J. Dickson August 3, 2006 Printed Bond#111335 993 69(Subdivision Right-of-Way Landscape 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: Brian G. Olin,Vice-President By: X4� 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 FIREIMAN'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 INDEMNI'T'Y 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 piemises. 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 seated 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 conseat,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 WTTNF.SS 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 April 2 n 0 2 FIREMAN'SFUND INS CE COMPANY J ,� `:,,......•°• �•t�....",�tid _ r`1 NATIONALS CORPORATION, 00 _ Q - _ € =t•�E w t;s= THE AMERICAN IN CE COMPANY ZP[asN �€ -S. r Q •� a z��:� ._ - ASSOCIATED IIID CORPORATION Ybyt` cry `•........ cad` J�'4fkCE�p�`! co AMERICAN AUTOMOBILE INS CE COMPANY STATE OF CALIFORNIA I SS. By �/► COUNTY OF MARIN Ylce-Presi Oa this 15 day of April 2002 ,before me personally e 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 R_(STtN A.GAZZOL1 COMM.#1262236 > NOTARY PUSUC.CAUFORNIA MARIN COUNTY 0 MY Comm.E4-AMS Apt2 22.2004 tic STATE OF CALIFORNIA SS. CERTIFICATE _. COUNTY OF MARIN 1, 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 sealed at the County of Marin. Dated the 3rd day of August 2006 ��crrrry EKG's o` .t,E�E..a�'0 ts�csaro s ` '4a...••••• *hCE Gv. �I4C.NE GO �10U6 4 RtxiQcnt Assistant Sot+ctacy 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 persons relying on the document. personally appeared BT2riCla J. Dickson NAME(S)OF SIGNER(S) 0 ❑ INDIVIDUAL ] personally known to me-OR-❑❑ provided tome on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(whose name()is/ayt subscribed TITLE(S) to the within instrument and acknowledged to me that Wshe/thgy executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED LQ KRISTIN A-GAllOLI hjt/her/thy r authorized capacity(igt),and that by ❑ ❑ GENERAL COMM, #1486119 Vis/her/th¢ir signature(4on the instrument the ❑ ❑ ATTORNEY-IN-FACT NOTARY PUBLIC-CALIFORNIA person(or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) MARIN COUNTY 0 person( acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR MY Comm.Expires APRIL 29,2008 'r ❑ ❑ OTHER: SS my h Icial se , SIGNER IS REPRESENTING: IGNATURE OF (NAME OF PERSON(S)OR ENTITY(IES)) ❑❑ acknowledged to me that such corporation executed the ithin instrument uan to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION cckw, Coyip THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document ilk 'J 3 S Ol C13`1(o 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 i 3I OtP 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. H. 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. Naair 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 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 - Colitornia Contra Costa County Sig ature of Notary blic My Comm.Expires Oct 7.2006