HomeMy WebLinkAboutMINUTES - 10122004 - C6 TO: BOARD OF SUPERVISORS
FROM: MAL-RICE M. SHIL, PUBLIC WORKS DIRECTOR
DATE: October 12, 2004
SUBJECT: Approving the Second Extension of the Subdivision.Agreement, Subdivision 99-08150.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS):
ADOPT Resolution No. 2004/552 for Subdivision 99-08150,approving the second extension of the Subdivision
Agreement, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area.
(District III)
F'ISC'AL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The first Subdivision Agreement has expired, therefore the developer is requesting a second extension.
CONSEQLLUENCES OF NEGATIVE ACTION:
With the Agreement expired, the developer will not be able to complete the improvements as per the original
Subdivision Agreement.
Continued on Attachment: SIGNATURE:
ECMIMENDATION OF COUNTY ADMINISTRATOR
�RECOMMENDATION OF BOARD COMMITTEE
_
'PROVE OTHER
SIGNATURE (S):
ACTION OF BO ON OCTOBER 12, 2004 APPROVED AS RECOMMENDED XX OTHER
L J
h
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS date shown.
XX UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: OMBER 12, 2004
G:\GTp,DatalEngSvc\80\2004\.10-12-04,SD99-08150 Order2.doc JUAN SWEETEN, Clerk of the Board of
Orlg-Cont ct; Teri Public (6) Supervisors and County Administrator
Contact; Teel Rio(31M363) Y
cc: Public Works—T_Balk,Construction
Current Planning,Community Development
T—January 12,2005
Windemere KC Lord Company,LLC
3130 Croce Canyon#310 �y
San Ramxrn,CA 94583 By Deputy
The American Insurance Company
Attn:Eileen M.Robison
777 San Marin Drive
Novato,CA 94998
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 12, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 552
SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 99-
08150, 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 between Windemere BLC Land
Company,LLC and the County for construction of certain improvements in Subdivision 99-08150,
in the San Ramon(Dougherty Valley) area,through March 19, 2005;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95%
♦ ANTICIPATED DATE OF COMPLETION: December 1, 2004
♦ REASON FOR EXTENSION: The improvements are complete and the walk-through is
underway for acceptance.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
JY:rm I hereby certify that this is a true and correct copy of an action taken
e:\GrpData\Engsvc\Ba\2004\10-12-04\SD 99-08150 Bn-11 2.doc and, entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) Shown.
Contact: Teri Ric(313-2363)
cc: Public Works—T.Bell,Construction ATTESTED: OCTOBER 1.2 2004
Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County
T—January 19,2005
Windemere BLC Land Company,LLC Administrator
3130 Crow Canyon#310
San Ramon,CA 94583
The American Insurance Company
Atm:Eileen M.Robison By 'Deputy
777 San Marin Drive
Novato,CA 94998
RESOLUTION NO.2004/ 552
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: Subdivision 8150
Developer: Windemere BLC Land Co.,LLC
Original Agreement Date: March 19,2002
Second Extension New Termination Date: March 19,2005
Improvement Security
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Surety: The American Insurance Company
Bond No. (Date): 11127507561 (February 12,2002)
Security Tvpe Security Amount
Cash: $8,100.00(1% cash, $1,000 Min.)
Bond: $805,400.00 (Performance)
S 406,800.00 (Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Centra Costa County
and said Surety hereby a ree thereto and acknowledge same.
Dated: Dated: August 1 1 , 2004
( See attached signature page)
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Maurice M. Shiu,,z Public Works Director
By: ;F �, r �_:.: ..ham- V Printed
��- ,'1 S Sia!•✓`{l� T
S ( See attached signature page)
Developer's Signature(s)
RECOMMENDED 7%APa.
By: Printed
(Engineering ces i si ) 25 Enterprise
Aliso Viejo, CA 92656
Address
The American Insurance Company
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
.Institution's Signatures must be Notarized) 777 San Marin Drive
Novato, CA 94998
FORM"rnavEa vk"a.w .0-14C—d Address
ARer,Aggrovaj Retaera to Clerk of the Board �r210"
Attorney in Facts Signature
Eileen M. Robison
Printed
WINDEMER.E BLC LAND COMPANY,LLC,a California limited liability company
By: LEN-OBS WINDEMERIr,LLC,a Delaware limited liability company,
its Managing Member
By: LENNAR HOMES OF CALIFORNIA,INC.,a California corporation,
its Managing Member
I�
B 'x
Lawrence H. Thom n,Mice Presi t
By: T)u, ` 00 '
Dee Baker,Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On Auciust 11, 2004 before me, Dina Prints, personally
appeared Lawrence H. Thompson and Dee Baker, 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 capacity, and that by their signatures
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
t iPW PRINrr`"
Commission# 145
3610
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_. Mange Cour
i'v1y comm.e"xpt NOV28,2W7
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Lawrence H. Thompson—Vice President Lennar Homes of California Inc.
Dee Baker-Assistant. Secretar Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document Subdivisinr Agreement Extension for Surety Bond No 11127507561
Number of Pages: Two (2)
Date of Document: August 11, 2004
Signers (other than those named above): Eileen M. Robinson
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED IN'DEMNIT'Y 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, NA'T'IONAL
SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COWANY,a New Jersey corporation redomesticated i>
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSUIZANCI
COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint
Eileen M. Robison of Novato, C.A;.
their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, sea!
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof-----------
and
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 tb
Companies and duly adestod by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact tray do in the premise
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 nog
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 th
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 amende,
or repealed:
'?,ESOLVED,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 seals to be hereunt
affixed this _ 2nd day of No yeXahr ,.`20 Q l_
FiRFMANS FUND INSURANCE CONWAY
t ` NATIONAL SURETY CORPORAIIC?I
is a a @ . . G �`a`,•''-. ..`
'� . � � �.��A�,} � "THE AMERICAN INSURANCE CONWAY
*'° ' •.LL :+ .. ASSOCIATED INDEMNITY CORPORATICII
AMERICAN AUTOMOBILE INSURANCE CONWAY
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STATE OF CALIFORNIA S. By
COUNTY OF MARIN vice-President
on this 2nd Clay of . November , 2001 ,before me personally caitie Bonn R. Kolbeck
to me known,who,being by ripe duly sworn,did depose and say:that he is a Vice-President of each company,described in and which execute
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,T have hereunto set my hand and affixed my official seal,the day and year herein first above written.
r KRISTIN A.GAZZOLI
0 COMM.,#1262236 >
# NOTARY PUBLIC-CALIFORNIA
f( f MAMN COUNTY a
• My comm.Expires April 29,2004
STATE OF CALIFORNIA I SS. CERTTFTCATE
COUNTY OF MARIN
1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER C
ATTORNEY remains in full force and has not been revolted;and furthermore that Article'VII of the By-laws of each company,and the Resolutic
of the Board of Directors;sect forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin. Dated the 6th day of August 2004
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Resident Assisunr S tart'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
On &1411�k�?'ul-:r` �1 , before me, z t,>m �..�6ii ,
` Date Name and Title of officer(e.g.,'Jane hoe,Nota4r PWid)
personally appeared k n# . ku r s
Name(s)of Signer(s) >
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(p) whose name{} isla`e
subscribed to the within instrument and
acknowledged to me that hjilshetth6y executed
the same in h lherlth4ir authorized
capacity(i ), and that by "/herfth4r
r KRISTIN A.GA72OLl > signature(o on the instrument the person►(pf,or
0 COMM. ff i aBft t t s '� the entity upon behalf of which the personv)
NOTARY PUBLt ALIFORN1A �y L
( MARIN CotIN1Y d acted, executed the instrument.
i My Comm.Ex0fas AML 29,20 8 �
WITNESS my hand and official seal.
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Place Notary Seat AbovaSignakt f Pubk
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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 farm to another document.
Description of Attached Document
Title or Type of Document: JL tf{. i f 111A 75L, '^1
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Document Date: Number of Pages:
Signer(s)Other Than Named Above: "
Capacity(les)Claimed by Signer
Signer's Name: '
❑ individuali ,
Top of thumb here
❑ Corporate Officer-ri-Title(s):
❑ Partner—❑Limited 0 Generales
❑ Attorney in Fact
Trustee
❑ Guardian or Conservator
Other:
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Signer is Represepating:
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