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Home My WebLink AboutMINUTES - 11302004 - C26 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 30, 2004 SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 00-08149. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20041 617 for Subdivision 00-08149,approving the second extension of the Subdivision Agreement for project being developed by Windemere BLC Land.Company, San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The first Subdivision Agreement has expired,therefore the developer is requesting a second agreement extension. CONSEQUENCES OF NEGATIVE ACTION: With the Subdivision Agreement expired, the developer Will not be able to complete the improvements as per the original Subdivision Agreement. Et -�7 t U Continued on Attachment: SIGNATURE: .� #E RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE 'PROVE OTHER SIGNATURE SI.-` ACTION OF B ON NOVEMBER 30, 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 XX UNANIMOUS(ABSENT NONE date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: november 30, 2004 Tl:m, JOHN SWEETEN, Clerk of the Board of G:\GrpData\Eng5vc1,B012004151-30-04\SD 00-08149 Order.doc Supervisors and County Administrator Ori?.Div: Public Works(ES) Contact; Teri Ric(313-2363) ccs Public Works—T.Bell,Construction Current Planting,Community Development T—June 26,2005 Windemere BLC Land Company By ,,,e,,, , Deputy Attn:Brian Olin ie-- 3130 Crow Canyon Place,Suite#310 San Ramon,CA 94583 The American Insurance Company Ann:Kristin A.Gazzoli 777 San:via&i Drive Novato.CA 94998-2000 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on November 30, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 617 SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 00- 08149, 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 and the County for construction of certain improvements in Subdivision 00-08149,in the San Ramon(Dougherty Valley) area, through August 19, 2005; O APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90% ♦ ANTICIPATED DATE OF COMPLETION: December 2004 ♦ REASON FOR EXTENSION: The developer is still working on punch list items. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. Jv:rm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2004\11-30-04\SD 00-08149 BO-1l.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors On the date Shown. Contact: Teri Rie{313-2363} cc: Public Works—T.Bell,Construction ATTESTED: NOVEMBER 30, 2004 Current Planning,T-7une 19,2005Co2 utyDevelopmenL JOHN SWEETEN, Clerk of the Board of Supervisors and Windemere BLC Land Company Attn:Brian Olin County Adn-linistrator 3130 Crow Canyon Place,Suite#310 San Ramon,CA 94583 The American Insurance Company Attn:Kristin A.Gaacoli By ,Deputy 777 San Marin Drive Novato,CA 94998-2000 RESOLUTION NO.2004/ 617 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Developmeat Number. Subdivision 8149 Developer: Windernere BLC Land Co.,LLC Original Agreement Date: February 12,2402 2nd Extension New Termination Date: August 19,2005 Improvement Security Surely. American Insurance Company Bond No. (Date): 111335 99248(November 34,2001) Seeuriry1"Vt�e fiemr -mount Cash: $ 11,700.00 (1% cash,$1,000 Min.) Bond: S 1,156,300.04(Performance) S 584,400.00(Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree Th-=o o d acknowledge same. Dated: _ iOj Dated: September 14, 2004 See attached signature. page FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Wo&S D cto By: Printed See attached signature page Developer's Signature(s) REC()IvfIviENDED FOS AP Y l3 : ( ngine g c D 'sion) 5TeE EEnterprise Aliso Viejo, CA 92656 Address (NG rE. boycluper's, Surety's and Fbiancial Instiruzion Is.Si,-narures must he JVorarized.) THE AMERICAN INSURANCE COMPANY Surety or Financial institution rnR„u.8raa�eo """""` "` °" " 777 San Marin Drive Novato, CA 94998-2000___ .6 APPpgs,&rrcrµra xa C`rtrt gh*'!Bnar4t Address —- - - Atom in Facts Si a r Kri tin A. G� I - ---_ . Pnnted WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMERE,LI,C.,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By. yR Davi Evans,Vice President By: u� - &1�� Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 14, 2004 before me, Dina Printy, 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. DINA"nn" Y 35, / - - No?a�y P'JbliC C013f0rnEa , y ?range County My Coram.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: 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. 111 3359 9248 Number of Pages: Two (2 Date of Document: September 14, 2004 Signers (other than those named above): Kristin A. Gazzoli State of California ) ss. County of Marin On September 82004, before me, Brenda J. Dickson, personally appeared Kristin A. Gazzoli, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE (seal) Brenda J.,,Pickson r BRENDAJI.DICKSON 0 COMM,#1318092 41� NOTARY PiAUC4:ALiFOPMA MAMN couNrle < *My Comm.Expires August 17 2WS FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURLY'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 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 Kristin A. Gazzoli 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 W 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 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 causedhthese presents t Csigned by their Vice-President,and their corporate seals to be hereunto March a affixed this 17 day of , 3 may, EEE.�t �µpt+sf� ai w � s�~� "% FIREMAN'S FUND INSURANCE COMPANY ` �. � ,,..<,•�',� 46 `•"" yt¢� r a6' NATIONALS ORPORATION THE AMERICAN INS 1 NCE COMPANY ASSOCIATED IND CORPORATION b tcr,c�' j; '<. +`•�� e< �TGR� «aa°�� rL �� AMERICAN AUTOMOBILE INS CE COMPANY .� CE CO xCE r+ N= STATE OF CALIFORNIA SS. By COUNTY OF MARIN V14X-Presid t 17 March 2003 Harald N. Marsh On this day of , ,before me personally came 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 offuciial seal,the.day and year herein first above written. BRENDA J. DICKSON s C �? COMM #1318092 "1 NOTARY PUBLIC-CALIFORNIA MARIN COUNTY .4 "Notaq Mr corr,�n.;�xpira.Au®uss 17,700 � ite STATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MARIN I, 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 Bylaws 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 day of SEPT 3.4870 . d s '+ • * iS EAL tot«. � '"� `•. ��,�� ' fit ;'"�x, yt`� � L�°`�'� __2�6r J .� o� N Resident Assistant Sccrctary M