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Home My WebLink AboutMINUTES - 10122004 - C7 TO: BOARD OF SUPERVISORS � FROM: MAURICE M. SHTU, PUBLIC WORKS DIRECTOR DATE: October 12, 2004 SUBJECT: Approving the Second Extension of the Subdivision Agreement(Right-of-Way Landscaping), Subdivision 99-08150. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&c BACKGROUND AND JUSTIFICATION RECOMMENDATIONS): ADOPT Resolution No. 2004/ 553 for Subdivision 99-08150,approving the second extension ofthe Subdivision Agreement(Right-of-Way Landscaping),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 first Right-of-Way Landscaping Agreement has expired, therefore the developer is requesting a second extension. CONSEQUENCES OF NEGATIVE ACTION: With the Agreement expired,the developer will not be able to complete the improvements as per the original Right- of-Way Landscaping Agreement. Continued on Attachment: SIGNATURE: � �'• �^ ECOMMENDATION OF COUNTY ADMINISTRATOR RYCOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S � ACTION OF B0#10 ON 12, 224 APPROVED AS RECOMMENDED xx OTHER 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 VO'T'E OF SUPERVISORS date shown. xx UNANIMOUS(ABSENT none } AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 12, 2004 G:1 Data5Eagsvc'BO\2004110-iz-04',SD99-09150order.doc JOHN SWEETEN, Clerk of the Board of 0,1gCont 3 : TeriPubwork 236 Supervisors and County Administrator ContarY: Teri Rio(313-2363) p �J cc: PaNic Works—T.Bell,Construction Current Planning,Community Development T-.February 9,2005 Windemere BLC Land Company,LLC edf 3130 Crow Canyon#330 San Ramon,CA 94583 By -� ,Deputy The American Insurance Company r Attn:Hiker.M.Robison 777 San Matin,Drive Novato,CA 94998 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1.2, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES NONE ABSENT. NONE ABSTAIN: NONE RESOLUTION NO. 2004/553 SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) 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 (Right-of-Way Landscaping) between Windernere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 99-08150,in the San Ramon(Dougherty Valley)area,through April 9, 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. Iy:Tm I hereby certify that this is a true and correct copy of an action taken c:»rpData\Fmgsvc\Bo\2004\10-12-04\SD99-08,50BO-II.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: Teri Rie(313-2363) cc: Public Works—T,Heft,Construction ATTESTED: OBER 12, 2004 Current Planning,CommunityDevelopzmnt JOHN ,SWEETEN, Clerk of the Board of Supervisors and County T—February 9,2005 Windernere BLC Land Company,LLC; Adnllnlstrator 3136 Crow Canyon#3107 San Ramon,CA 94583 The American Insurance Company AttAttz:Sheen M.Aob scn By _ ,Deputy 777 San Marin Drive Novato,CA 94998 RESOLUTION NO.2004/ 553 CONTRA COSTA COUNTY RIGHT-O&WAY LANDSCAPING AGREEMENT EXTENSION r Development Number: Subdivision 8150 i Developer: Windemere BLC Land Co.,LLC ' Original Agreement Date: April 9,2002 Second Extension New Termination Date: April 9,2005 - i Improvement Security Surety: The American Insurance Company i Bond No. (Date): 11127507785(February 27,2002) Security Type Security Amount Cash: $ 1,000.00(1% cash,$1,000 Min.) Bond: $ 59,200.00(Performance) S 30,100.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date,and Contra Crista County and said Surety Hereby a e thh erel an acknowledge same. Dated: Dated: August 1 1 , 2004 (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,.Public Works Director By: Printed (See attached signature page) Developer's Signature(s) RECOMMENDED OR AP AL: t By: 2 �Enterpri.se (Engineeri g ervi s'on) Aliso Viejo, CA 92655 Address The American InsuranceCompany (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must he Notarized.) 777 San Marin Drive Novato, CA 94998 r0urirr?R0VHD vkw1.W.aWo Cm vC.o..& Address After Asnrnvallteturn to Clerk ofthe-`oard Attorney in Facts Signature Eileen M. Robison Printed 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 Lawrence H.'Pham n,Vice President By: _ Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 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. s ( Commis$bn,# 1453$10 „j Notary Public-Contornia , Cronge County y Comm,Emit"Nov 28,2007 M 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. Secretary Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Subdivision Agreement Extension for Surety Bond No 11127507785 Number of Pages: Two (2) Date of Document: August 11, 2004 Signers (ether than those named above): Eileen M. Robinson 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 13Y 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 .Eileen M. Robison of Novato, CA their true and lawful Attomey(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 Attorneys)-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 seat 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 WMNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 2 nd day of No ve ber 2001 . , Ty�-+,� FIREMAN'S FUND INSURANCE COMPANY U '�,C.y..;; ,I'd r x g�aMrax,, a i r�4pilE�9 '+ ` �� ` ° "` -. NATIONAL SURETY CORPORATION .amxo f` a E A x. THE AMERICAN INSURANCE COMPANY t 'f, •<: .•*`t" �G� `o �� ..'` € ASSOCIATED INDEMNITY CORPORATION •eerra.,• �HCE � +wcE`G4� ,rrtaws,M°r AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA COUNTY OF MARIN SS» By ""` �1CGPTCS?dfrrC on this 2nd iiay of November , 2001 ,before me personally came Donn R. K.olbeck 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. KRISTIN A.GAZZOLI 0 � COMM.#1262236 "»d NOTARY PUSUC-CALIFORNIA 4i MARIN COUNTY (7 My Comm.Expires Apt!24.2464 STATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MARIN L 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 t h day of August 2 004 u �.xt gaarwvuyr C7 + t t a S :.'...i... 2 aim {*. j.4•CMKA'6(S� t< e e +t°1 $+� ; Rt. fJ� �Yt,,,` �'�,.'_`w l..t'� `QO _fit r8" r:,.,+*` =1'CE ``� �'�NtE;G4 �' IOUIS, '•�' Resident Assistant S ztary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of , d On g ; , before me, z 2�+ir} d Hate Name ami Title of Officer(e.g.,`JAI*Doe,Notary P 6c') personalty appeared Nan*s)of Signers} ' personally known to me C proved to me on the basis of satisfactory evidence to be the person(o whose name( is/ e subscribed to the within instrument and acknowledged to me that# /shettty executed the same in Vislherlth)6ir authorized capacity(ieof), and that by Vslherftheeir KRISTIN A,GA2ZO I signature()on the instrument the personal,or COMM. #1486119 > the entity upon behalf of which the person N4rA4MAiN uty Yy T 0 acted, executed the instrument. My Comm.Expires APRIL 29,20M `4 WITNESS my hand and official seal. ..i Place Notary Seat Above Signa #'ubk 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 torm to another document Description of Attached Document Titie or Type of Document: iy - ``-L<<t; .{ .. , ., s~-x i . ,Wiz,:r, :' '�� x�x• Document Date: Number of Pages: y� Signer(s)Other Than Named Above: >� +Capacity{les}Claimed by Signer Signer's Name: • Individual � t Top If thumb here • Corporate Officer---Title(s): • Partner—0 t.irnited 0 General ,,�. 0 Attorney in Fact �' • Trustee • Guardian or Conservat El Other: Signer Is Representirg: