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HomeMy WebLinkAboutMINUTES - 10192004 - C8 TO: BOARD OF SUPERVISORS 001• FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 19, 2004 SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping), Subdivision 99-08154. SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution leo. 20041 566 for Subdivision 99-08154,approving the second extension of the Subdivision Agreement(Right-of-Way Landscaping),being developed by Windemere BLC Land Company,LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUNDIREASON(S}FOR RECOMMENDATION(S): The first agreement extension has expired for Subdivision 99-08154. 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 improvements as per the original Subdivision Agreement(Right-of-Way Landscaping). Continued on Attachment: SIGNATURE: -I&COMMENDATION OF COUNTY ADMINISTRATOR ~_RECOMMENDATION OF BOARD COMMITTEE DROVE OTHER SIGNATURE(S): f ACTION OF BO ON (JaOBER, 194 _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: ABS'T'AIN: ATTESTED: OCTOBER 19 2004 JOHN SWEETEN, Clerk of the Board of G:\GrpData\EngSvc\BO\2004\I0-19-04\SD W-08154 Order Ldoc orlji.Div: Public Works(ES) Supervisors and County Administrator Contact: Peri Ric(313-2363) ce: Public Works-T.13,11,Corwruction Current Planning,Co:itunity Development T-February 9,2D05 y. Winderwe 33LC Land Company,LLC 3130 Crow Canyon Road#310 By �' ,Deputy San Rwnon,CA 94583 The American Insurance Company Attn:Eileen Robison 777 San Morin Drive Novato,CA 94998 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on October 19, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, AND DESAUINIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/566 SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 99-08154, 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 99-08154,in the San Ramon(Dougherty Valley)area,through April 9, 2005; a APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 95% r 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 ofthe Public Works Director is APPROVED. jy:rm G:\crpData\Engsvc\Ho\2004\I0-19-04\SD 99-08154 BO-11 L.aoc 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(313-2353) shown. cc: Public Works-T.Bell,Construction Current Planning,Community Development ATTESTED: OCTOBER 1.9 2004 T--February 9,2005 Windemere BLC Land Company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and County 3130 Crow Canyon Road#310 Administrator San Ranson,CA 94583 The American Insurance Company Attn:Eileen Robison 777 San Marin Drive Novato,CA 94998 By ,.Deputy RESOLUTION NO.2004/ 566 Contra Costa County RIGHT-O&WAY LANDSCAPING AGREEMENT EXTENSION Development Number: Subdivision 8154 Developer: Windemere BLC Land Company,L.L.C. Original Agreement Date: April 9,2002 Second Extension New Termination Date: April 9,2005 Improvement Security Security T pe Security Amount Cash: $ 1,000.00(1% cash, $1,000 Min.) Bond: $63,000.00(Performance) i $32,100.00(Labor&Material) Bond No. (Date): 11127507769 (February 27,2002) 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 COUNTY r Developer's Signature(s) Maurice Mt Shiu,Public Wks Di w By �� ���}�� `'� ��x�,a"'G Printed 25 Enterprise Aliso Viejo, CA 92656 Address RECOMMENDED FORa,: AL: The American Insurance Company By: _ Surety or Financial Institution (Engineering Se es i sio 777 San Marin Drive Novato, CA 94998 Address Attorney in Facts Signature (NOTE. Developer's, Surety's and Financial Institution's Signatures must heeNotarized.) Eileen M. Robi sm August 12,. 2004 Printed After Approval Retum to Clerk of the Board �j�{;.PPRL7I'�D,• Yi�pr 7,�f"estman.Caunrvfounxel 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: d- David Evans,Vice P16sident By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On -,just 17, 20034 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. r VINA ITINTY x Cc: mnission !x'453610 '✓ ___ _ � � Nwafy pub#"c CslfPotnlCs Orange county t.omm,Exp#{es Nov 28,200'7 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: David Evans –Vice President L.ennar Homes of California Inc. Dee Baker-Assistant. Secretary . Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Ric ht-Of-Way Landscaping Agreement Extension for Surety Bond No. 11127507769 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 d ...� ' On J14yJ444 !a 7, P JOVJL, before me, axW wlri �ulal t� , oate 'Name and Me at o(Si+�(e.g.,"Jane Doe,Notary P ic-) personally appeared '_ilemvt M. V10isor) , Name(s)of Signers) personally known to me 0 proved to me on the basis of satisfactory evidence to be the person($) whose namely) is/ale subscribed to the within instrument and acknowledged to me that fh/she/tf by executed the same in Vs/her/thiir authorized capacity(i ), and that by f /her/thilr KRISTIN A.GAZZOLl signature(o on the instrument the person),or g COMM. #1486119 > the entity upon behalf of which the person LL NOTARY PUBLIC-CAUFORNiA U acted, executed the instrument. MAR#N COUNTY 0 MY Comm,Expires APRIL 29,2888 .4 WITNESShand and official seal. Phos Notary Seal Above Signature birc OPTIONAL rhough 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 fomt to another document. Description of Attached Document Title or Type of Document: of kAq 4.4s*" &490"1,T^ ///27S-0774# 9 Document Date: Number of Pages: Signer(s)Other Than fumed Above: tapacity(ies)Claimed by Signer Signer's Name: my f • Individual Top of thwnb here • Corporate Officer----Title(s): n Partner--©uZIDIGen• Attorney in Pac0 Tr tee 0 Guardian car Co 0 Other: Signer Is Repr senting: J FIREMAN'S FUNIS INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL.MIEN BY 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 redomesti aced 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 Attorney(s)-in-Pact, with full power of authority hereby conferred in their nacre, place and stead, to execute, s,.al, 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 Nfarch, 1995,and said Resolution has not been amended or repealed: °`RF OLVED,that the signature of any Vire-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 hereunto affixed this 2nd day of Nov' her 200 .•t'+r fir ` ` t"I«;,, ��'"«""�, FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY aa=�r.�,tira zV ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA 1,SS. By COUNTY`OF MARIN Vi<e-Ptrsidwt On this 2nd day of November 2001 ,before mepersonally came Do rr It« Kolbock to me known,who,being by we 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 Hoard 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 KRISTIN A.GAZZOLI > COMM.#1262236 0 "b. NOTARY PUBLIC-CALWORMA r MARIN COUNTY 0 My Comm.Expires Apd!22.2004 N ti STATE OF CALIFORNIA S.S. CERTIFICATE COUNTY OF MARDI L, the undersigned, Resident Assistant Secretary of each company, ISO HEREB3? 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€ores. Signed and sealed at the County of Marin. Bated th,- 12th day of August 2004 Z A La� ��i y � 'a„e,,.•.4� µ 'MCt ��� �S 'tkCd fi+'��� � M� R.Ca&nt A=St;wllSd rs