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HomeMy WebLinkAboutMINUTES - 10192004 - C9 TO: BOARD OF SUPERVISORS FROM: MAUR.ICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: October 19, 2004 SUBJECT: Aaroving the Second Extension of the Subdivision Agreement, Subdivision 00-08151. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&.BACKGROUND ANIS JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 567 for Subdivision 00-08151,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 00-08151. 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:— SIGNATURE: ECOMMENUATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S) ACTION OF BOA ON QC"I'C BER 190 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 SUPERVIS©RS date shown. XX UNANIMOUS(ABSENT V ) AYES:_NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 19, 2004 JOHN SWEETEN, Clerk of the Board of G:\CrrpData\EngSvc\BC712004\I6.19-041SD 00-08151 Ordor.doc arig.13 . Public Works(ES) Supervisors and County Administrator Contact: Teri Rin(313-2363) CC Public Works—T$e#1,Construction Current Platming,Counnunity DevelopnXnt T—May 22,2605 Windernrre BLC Land Company LLC of 3136 Crow Canyon.Place,Ste 314 By �, Deputy San Ramon,CA 94503 The American Insuranee Company 777 San Marin Drive Novato,CA 94999 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 19, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKa%, GREENBERG, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 567 SUBJECT: Approve the Second Extension of the Subdivision Agreement 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 between Windemere BLC Land Company,LLL 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: 100% ANTICIPATED DATE OF COMPLETION: September 1, 2004 ♦ REASON FOR EXTENSION: Have not completed necessary walk-through with County inspection division IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action Mrm taken and entered on the minutes of the Board of Supervisors G:\GrpData\FngSvc\130\2004\10-19-04\SD 00-08151 SO-I l.doc on the date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) ATTESTED: OCTOBER 19, 2004 cc: Public Works-T.Bell,Construction JOHN SWEETEN, Clerk of the Board. of Supervisors and Current Planning,Community Development County Administrator T--May 22,2005 Windemere SLC Land Company LLC 3130 Crow Canyon Place,Ste 310 San Ramon,CA 94503 The American Insurance Company By ,Deputy 777 San Marin Drive Novato,CA 94998 RESOLUTION NO.2004/ 567 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 8151 Developer: Windemere BLC Land Co.,L.L.C. Original Agreement Date: March 19,2002 Second Extension New Termination Date: July 22,2005 Improvement Security # Surety: The American Insurance Company Bond No. (Date): 111 275 07579(February 19,2002) Security Tvy Security Amount Cash: $3,800.00(1% cash,$1,000 Min.) Bond: $372,000.00 (Performance) $ 188,000.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hefeby agree thereto and acknowledge same. Dated: J f ' 1 ": Dated: August 17, 2004 x ( See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu Public Worlds D' e By: `}+ 4 s# (.,'.r, Printed ( See attached signature page) Developer's Signature(s) RECOMMENDED FOR.JAIPROV By: Printed (Engineering Se : ' s I7' ) 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 APPROVED!Victor J.W.t ,C..MyC.Md Address A,&er Annroval Return to Clerk of'the Board Attorney in Pacts Signature _Eileen M. Robison puaust 12. 2004 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 Mem By David Evans, ice President V° t e f By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On 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. Dill PRINTY T v r;�iF5ri034# 1453610 o;nr E xp res'Nov'M 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: David Evans —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. 11127507579 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 _;� +�' - On ! QVIL, before me, fC✓r n t q- ,x. 1i, )q 9�/ jet c41 0 Date ��,Name and TMe of Officer(e.g.,•.tans Doe,Notwy P+fio") personally appeared 9ile-'em M. 3016isan Names)of Sigaet(s) personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(g) whose name() is/adze subscribed to the within instrument and acknowledged to me that 0/sheft*y executed the same in Vslher/thbr authorized capacity(i4), and that by tAfher/thAir r- KRISTIN A.GA?ZOL€ � Signature( on the instrument the person),or p COMM. #1486119 the entity upon behalf of which the person(} NCTAfiY ARIN;COUNTY FOftNtA r� acted, executed the instrument. MARiN COUNTY V My Comm.Expires APRIL 29,2008 '1 WITNESS m hand and official seal. Piece Notary Seat Above Signawra t1 cy OPTIONAL Though the information below is not required by law,it may prove valuable to persons raying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document An Title or Type of Document: »sr`vr-, 11JA7,Z079 77 Document Date: Number of gages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: © Individual Top of ftwmb hece Q Corporate Officer---Tdle(s): ® Partner---0 Umiited 0 G 1 0 Attorney in Fact 0 Trustee Cl Guardian or Co ervator 0 Other: Sinner is R resenting: 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 BY THESE PRESENTS- That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a Now Jersey corporatism:redomesticatod in Nebraska, ASSOCIATED INDEMNI'T'Y CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")dues 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 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 duty 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 VTI of the Bylaws 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 fallowing Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and hell,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 WITNESS WEREOI~,the Companies have caused these presents to be signed by their Vice-President,and their corporate seats to be hereunto affixed this 2nd day of Nc raher 2001 _. gar tt:ty �y 6td'; te€ "isr FTREMANS FUND INSURANCE COWANY • NATIONAL SURETY CORPORATION '��, .�"'•••,;'c,� �, Y�,.•,•�° ' ` • ' "' THE AMERICAN INSURANCE COMPANY my ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COWANY STATE OF CALIFORNIA. SS. Bit " COUNTY OF M.ARIN Vice-Pmidwt On this 2nd may of November 2„ 0 01 ,before me personalty came Donn R. K:olbecic to the known,who,being by the 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 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. LJ KRISTIN A.CAZZOLI N COW#1262236 NOTARY PUBLIC-CALIFORNIA MARIN COUNTY My Comm.Expires AOKI 29.2004 N li 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 Directom set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 12t day of uciU5t 2004 jqt +. R.csideat Assistant ery