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HomeMy WebLinkAboutMINUTES - 10192004 - C7 TO: BOARD OF SUPERVISORS ;7*4 FROM: MAUR.ICE M. SHI(.1, PUBLIC WORDS DIRECTOR DATE: October 19, 2004 SUBJECT: Apppoving Approvingthe Second Extension of the Subdivision Agreement, Subdivision 99-08154. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 505 for Subdivision 99-08154,approving the second extension ofthe Subdivision Agreement, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District 111) FISCAL IMPACT: None, BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The first agreement extension has expired for Subdivision 99-08154. The 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 improvements as per the original Subdivision Agreement. Continued on Attachment: SIGNATURES COMMENDATION OF COUNTY ADMINISTRATOR ~-M _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGN T R S, ; ACTION OF BO ON OCMBER 19, 2004 APPROVED AS RECOMMENDED XX OTHER i. 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 V date shown. XX UNANIMOUS(ABSENT _ �) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCIOBE R 19 2004 4.i:\GpDatxlEng5vc�$0��30041t0-14-04\SII 99- 8134 Order.dvc JOHN SWEETEN, Clerk of the Board of Ori.Div: Public Works(ES) Supervisors and County Administrator Contact: Teti Rie(313-2363) cc: Public Works—T.Heft,Construction Current Planning,community Developrnent T—February 15,2005 Winderxere BS.0 Lazed Company,LLC �y 3 230 Crow C.ratyon Road#s31 o By _5 ep uty ma San Ran,CA 94583 '�` The American Insurance Company Attn:Eileen Robison 777 Sass Matin 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, GRE,ENBERG, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL, GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 565 SUBJECT: Approve the Second.Extension of the Subdivision Agreement for Subdivision 99- 081.54, 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 99-08154, in the San Ramon(Dougherty Valley) area,through February 12, 2005; 1 APPROXIMATE PERCENTAGE OF WORD.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 c:»rpDaia\EngSvc'.BO\2004\£0-19.04\SD 99-08154 so-1 Ldor 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: Teri Rie(313-2363) shown. cc: Public Works--T.Bell,Construction Current Planning,Community Development ATTESTED: O BER 19, 004 T—February t5,2005 Windernere BLC Lana Company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and County 3130 Crow Canyon Road#3£0 San Rarrton,CA 94583 Administrator The Anie6m Insurance Company Attn:Eileen Robison 777 San Marin Drive Novato,CA 94998 By Deputy RESOLUTION NO.2004/ 565 Contra Costa County SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 8154 Developer: Windermere BLC Land Company,L.L.C. Original Agreement Date: February 12,2002 Second Extension New Termination Date: February 12,2005 t Improvement Security Security Type Security Amount Cash: $8,600.00(1% cash,$1,000 Min.) Bond: $ 846,900.00(Performance) $427,750.00(Labor& Material) Bond No. (Date): 11133599222 (November 30,2001) t Surety: The American Insurance Co. The Developer and the bonding company desire this Agreement to be extended through the above date; and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. Dated: August 17, 2004 Dated: `. — . (See attached signature page) FOR CONTRA COSTA COCJNTY Developer's Signature(s) Maurice M. Shiu,Public Wor,Cs D, rv� µ. c By: .;U � Printed 25 Enterprise S ll Aliso Viejo, CA 92656 Address RECOMMENDED FO AP VL The American Insurance Company By: Surety or Financial Institution (Engineering Servic s ivision) 777 San Marin Drive Novato, CA 94998 Address k d Attorney in Facts Signature (NOTE.- Developer's, Surety's and Financial Institution's Signatures must be Notarized.) —Eileen M. Robison Auqust 1.2, 2004 After Approval Return to Clerk of the Board Printed FORRAEaQUM- Ector.l Wr<t n ounty Counse 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 B vid Evans,Vice resident By: Dee Baker, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange Can August 17, 2004 before me, Dina Prints, 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 seal. txNA PRINTY'� Commission#t 4�36t p _ Notary Pubtic-California " orange County My Comm.Expires Nov 28,2007 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: DavidEvans--mice President Lennar Homes of California Inc. Dee Baker A Assistant, Secreta!y Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Subdivision Agreement Extension for Surety Sand No. 11133599222 Number of Pages: 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 IQ�h.t.�ta.+_ On !. fl / before me, QLwb7 ti l 441tr, } Date Name and Title of Ofter 0.g.,'Ja Ab 0-,Notary PulAc personally appeared +'f CCh .• 0101 son , Name(s)Of Sig-Ari personally known to me ® proved to me on the basis of satisfactory evidence to be the person(pl whose name(g} is/ale subscribed to the within instrument and acknowledged to me that 0/sheftlby executed the same in Vsiher/Uir authorized capacity(i4), and that by hA/herfthAir KRISTIN A,GA7101I signature(q)on the instrument the person),or COMM #filo&119 the entity upon behalf of which the person NOTARY PUBLIC•CALWOf?bMIA � acted, executed the instrument. MARN COUNTY Q S MY C-10.Expires A;' IL 29,Me WITNESS mY9 and and official seal. Place Notary Seal Above signato of He OP7'IJ ML Though the information below is not required by law,it may prove valuable to persons retying on the document end could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document: tt becf'i YeitaTr� 8 3 S' ' :�►+" :4. Document late: plumber of Pages: _ Signer(s)Other Than Named Above: +Capacity+{les)Claimed by Signer Signer's Name: 0 individual Top of thumb here 0 Corporate Officer—Tftle(s): 0 Partner—d Limited Cl General 0 Attorney in Pact Ira Trustee 0 Guardian or Consefva © Other. Signer Is Repro ng: FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNI'F'Y CORPORATION TEE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEI BY THESE PRESENTS: That FME:MAN'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 Attorneys)-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,recognisances or other written obligations in the nature thereof------------ and ----°--_WW--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 duty attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and byy 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 VMMS 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. Ye e , 2001 ,gfrxfrt ti+ ' tip+*�*J" � 'w¢ FI EMAN'S FU INSURANCE COMPANY a NATIONAL SURETY CORPORATION tTME AMERICAN INSURANCE COMPANY s .warn K '• .... i ASSOCIATED INDEMNITY CORPORATION 2c,.�y `"«, •• ; #r�, t sG� ,,,, o�+*�stitours,� AMERICAN ALITOMOB LE INSURANCE COWANY r ,� •<f.«.. ��cam` xcr c �.,„,,.. STATE OF CALIFORNIAg , 'COUNTY OF MARIN SS. y vice-pm a On this 2nd day of November , 2001 ,before me personally came Donn R. Kolbeck to me known,who,being by me duty sworn,elld 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 seats 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. Ir KRISTIN A.CAZZOLI 0COMM.#1262236 ! MARIN COUNTY 0 my Gomm.Expl;os Apd!22,2004 ` N 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 revokes[;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 12th day of August 2004 ly fp'14AC,�F+a�{F dY1 Resident Assistant