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Home My WebLink AboutMINUTES - 10192004 - C10 TO: BOARD OF SUPERVISORS FROM: MAU'RICE M. SDIU,PUBLIC WORKS DIRECTOR DATE: October 19, 2004 SUBJECT: Approving the Second Extension of the Subdivision Agreement(Right-of-Way Landscaping), Subdivision 00-08151. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No, 20041 508 for Subdivision 00-08151,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 SII) FISCAL IMPACT: None. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): The first agreement extension has expired for Subdivision 00-08151. The landscape improvements are not complete. Therefore, the developer is requesting a second extension. CONSEQUENCES OF NEGATIVE ACTION: With the first agreement extension expired.,the developer will not be able to complete the landscape improvements for the original Subdivision Agreement(Right-of-Way Landscaping). Continued on Attachment:.,,, SIGNATURE: ECOMMENDTTION OF COUNTY ADMINISTRATOR r RECOMMENDATION OF BOARD COMMITTEE =.- 'PROVE OTHER SI NATURE ��-- ° ACTION OF BOAAD ON QQMER 19, 2004 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 VOTE OF SUPERVISORS date shown. XX UNANIMOUS(ABSENT V ) AYES: NOES: ABSENT ABSTAIN: ATTESTED: OCTOBER L9, 2004 JOHN SWEETEN, Clerk of the Board of G:\GrpDauz,l:ngSvcl13012004\t0-19-04\Saoo-08151 OrderROWI-doc orig.Dl,: Pubue Works(ES) Supervisors and County Administrator Contact: Teri Ria(313-2363) cc: Public Works-T.Flail,Construction Current Planning,Comrrtunity Development T--May 22,2005 Windemen SLC Land Company LLC: 3130 Crow Canyon PEaco,Sze 320 By ,_ .�` �,, Deputy San karnon,CA 54503 The Anvrican Insurance Company 777 San Maria Drive Novato,CA 94998 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 19, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, AND DESA[ILNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 568 SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08151, 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 Subdivision 00-08151,in the San Ramon(Dougherty Valley)area,through July 22, 2005; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% + ANTICIPATED DATE OF COMPLETION: September 1, 2004 r REASON FOR EXTENSION: Have not completed necessary walk-through with County inspection division 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 G:\GrpData113ngSv6B0\2004110-19-041SD 00-08151 Bt9-11 ROWL.doc taken and entered on the minutes of the Board of Supervisors Originator: Public Works(BS) on the date shown. Contact: Teri Rie(313-2363) cc: Public Works—T.Bell,Construction ATTESTED: OCTOBER 19, 2004 Current Planning,Community Development T-:slay 22,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and Windemere BL.0 Land Company LLC County Administrator 3130 Crow Canyon Place,Ste 310 San Ramon,CA 94503 The American insurance Company 777 San Marin Drive Novato,CA 94998 $y ,Deputy RESOLUTION NO.2004/ 568 CONTRA COSTA COUNTY RIGHT-OF-WAY LANDSCAPING AGREEMENT EXTENSION Development Number: Subdivision 8151 Developer. Windemere BLC Land Co.,L.L.C. Original Agreement Date; April 9,2002 Second Extension New Termination Date: July 22,2005 Improvement Security Surety: The American Insurance Company Bond No.(Date): 1112750 7801 (February 27,2002) Security Type Security Amount Cash: S 1,000.00 (1% cash,$1,000 Min.) Bond: $57,800.00(Performance) $29,400.00(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 agr e t ere o and,acluaaw edge same. Dated: ,.._ � __ ' £_ Dated: August 17, -2004 (See attached signature page) FOR CONTRA COSTA COUNT Developer's Signature(s) }. Maurice M. Shiu,Public Wozli�D ect6r By; ;.:w .� Printed � 25 Enterprise Aliso Viejo, CA 92656 Developer's Signature(s) RECOMMENDED FO O 0.AL: By: Printed (lsnginee 8 es D vision) (See above) Address The American Insurance Company (NOTE. Developer's, Surety's and Financial Surety or Financial Institution .(nstitution's Signatures must he Notarized.) 777 San Marin Drive Novato, CA 94998 FORM APFROVW:VkW,.W«WO-.C4Wq Cvxdd Address 9,fter Annrond Return to Clerk of tike Board ♦ �a t Attorney in Facts Signature Eileen M. Robison. August 12, 2004 Printed WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By LEN-OBS WIND'EMERE, LLC,a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, its Managing Member By. David Evans,Vice P tdent By. Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 17, 2004 before me, Dina Pretty, personally appeared David Evans 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 seat. f 'r x tW.INA PRiN7Y COMM's iOn#1453610 Notary vuol'ic..r alffsrnla y� Orange county _-_ - �. �1y�crnm.Expires NOV28,2007 w OPTIONAL Though the data below is not required by Saw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER 1S REPRESENTING: DavidEvans --Vice President Lennar Names of California Inc. Dee Baker-Assistant. Secretary Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Ri he ht-Of-Warr Landscaping Agreement Extension for Surety Bond No. 11727507801 Number of Mages: Two 2) Date of Document: August 17, 2004 Signers (other than those named above): Eileen M. Robinson CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On l aCf , before nye, art S t th jr` p ,c�leijt o, , rata Name and Title of ofiioer(e.g.,;lane Doe.Notary NW) personally appeared M• 04isan Name(s)of Signers} personally known to me proved to me on the basis of satisfactory evidence to be the person(jr) whose name(g) is/ale subscribed to the wi FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPDRATIUN THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL lrit€EN BY IIIESE PRESENTS. That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a Now Jersey corporations reiomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE Ct}Ivit?ANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seat, 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 boards were signed by the President,seated with the corporate seats of the Companies and duty attested by the Companies'Sccretary,hereby ratifying and confimmg 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 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 consent,on the 19th day of March, 1995,and said Resolution has not been amended or repeated: "RESOLVED,that the signage 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 WITNESS WIIERECIF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 2nd _day of QYe1UhQL.._ I _ a, � 4ffi4` # FIREMAN'S FUND INSURANCE COWANY -totirk NATIONAL SURETY CCRPCRATtN I Ae . a • # t +E. �..;I+t 4LLE COMPANY THE YE\i\CN INK ASSOCIATED INDEMNITY CORPORATION o. AMERICAN AUTOMOBILE INSURANCE ANCF COMPANY S'TAIE OF CALIFORNIA�SS. By COUNTY OF MARIN vice tsideni On this 2nd _ day of November-_, 2 Q Q1 ,before me personally carne Donn R. Kolbeck 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 seats of tate 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 WTTNFSS VIBEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRISTIN A.GAZ 0LI coMM. 12s22as D.t( +' No'rARY P�SLIC-CALIFORNA `l MARK COUNTY 0 tvty Comm.Expires Api4!29, 041 a NolomSTATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MAN L the undersigned, Resident Assistant Secretary of each company, DO BI RI BY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked,and furthermore that Article VII sof the By-laws of each company,and the Resolution sof the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and seated at the County of Marin. Dated the 12th _ _day of August i 2004 r4, Rmideat Asnistmt S