Loading...
HomeMy WebLinkAboutMINUTES - 11302004 - C27 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: November 30, 2004 SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08149. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 01.8 for Subdivision 00-08149,approving the second extension of the Subdivision Agreement (Right-of-Way Landscaping) 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(Right-of-Way Landscaping)has expired,therefore the developer is requesting a second agreement extension. CONSEQUENCES OF NEGATIVE ACTION: With the agreement expired, the developer will not be able to complete the landscape improvements as per the original Subdivision Agreement(Right-of-Way Landscaping). Continues!on Attachment: SIGNATURE: "COMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE _-APPROVE OTHER SIGNATURES ACTION OF BO F ON NaVFMRFg_3(), 2()C)4 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the vaTl<OF SUPERVISORS minutes of the Board of Supervisors on the xx UNANIMOUS(ABSENT NONE date shown. AYES: NOES: ABSENT:— ABSTAIN: ATTESTED: NOVEMBER 30, 2004 ,Y:rm JOHN SWEETEN, Clerk of the Board of G:\GtpData\Eng,Svc\BO\2004\1 1.30-041SD 00-08149 Order L.doc Supervisors and County Administrator Orig.Div: Public Works(ES) Contact: Teri Ric(313-2363) CV Public Works-T.Bell,Construction Current Planning,Community Development T-June 19,2005 �^� '7 Winde Are BLC Land Company B V _ � �Deputy Atte Brim Olin D 3130 Craw Canyon Place,Suite#310 San Rxwn,CA 94583 The American Insurance Company Atte:Ksistat A.Gazzoii 777 San Marin Drive Novato,CA 94998-2000 THE BOARD OF SUPERVISORS OF CONTRA COS'T'A COUNTY, CALIFORNIA Adopted this Resolution on November 30, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKE,MA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 618 SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) 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 (Right-of-Way Landscaping) 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; ♦ 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. JY:rm I hereby certify that this is a true and correct copy of an 6:\GtpData,EngSvc\BO\2004\I 1-30-041SD 00-08149 BO-11 L.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,Community Development T-rune 19,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and Windemere BLC Land Company Attn:Brian OIin County Administrator 3130 Craw Canyon Place,Suite#310 San Ramon,CA 94583 The American Insurance Company Attn:Kristin A.Gazzoli B ,Deputy 777 San Marin Drive y Novato,CA 94998-2000 RESOLUTION NO.2004/ 618 CONTRA. COSTA A CO NT"Y RIGHT-OF-WAY LANDSCAPE AGREEMENT EXTENSION Development Number: Subdivision 8149 Developer: Windemere RLC Land Co.,LLC Original Agreement Date: April 9,2002 Second Extension New Terrnivatiun Date: August 19,2005 Improvement Security Surety: The American insurance,Cu. Bond No.(Date): 11I 27SO 7793 (February 27,2002) Security Type SC+ruriVX AMPUnt Cash: S 1,300.00(1% cash,51,000 Mitt) Bond: S 128,700.00(Performance) S 65,000.00(Labor&Material) The Developer and the Surrry desire thiS Agreement to be extended through the above state;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: k0l Aj n Ik Dated: September 14, 2004 See attached signature page FOR CONTRA COSTA COUN Developers Signsrurr(s) Maunce M. Shiu,.public W rks res r r 13y: Pnnted See attached signature page Developer's Signawc(s) RECOMMENDED FQ V L�" By. Printed (Engineering ce, ivision) 25 Enterprise Aliso Viejo, CA 92656 Address THE AMERICAN INSURANCE COMPANY (ArOTE, Developer's, Surery's and financial Surety or Ficial Institution lnsrrrudon'sSignarurevmust beNotarized.) 777 San Marin Drive Novato, CA 94998-2000 FOI47A W9YEtO V84 •.t4t Mi,OW{�@jj' _ ' Address .tfxer,� pi root Rarkrx t Qf!Agtge&turd f e F *ms AttomiyJin pacts Sr at of _. Kristin A. Ga i Printed WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OSS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member Bv:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member f� _ f By: David Evans,Vice Presidents J �d� By: 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 bee 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. DNA PRINTY 1453410 may✓""...— ,«, 3 ow Put-!;c ce vQiTII�S q � Orange coun"v ',IV Comm.Exp'res Nov 28,2007 r 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 farm. 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: Right-of-Way Landscape Agreement Extension for Surety Bond No. 111 2750 7793 Number of Wages: Two (2) Date of Document: September 14, 2004 Signers (other than those named above): Kristin A. Gazzoli State of California County of Marin } On September 8, 2004, 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 z�fy `� 1� �`�� �, - (Seal) Brenda f Dickson ri BRENDA J. DICKSON COMM,C31&042 • NOTARY PUSLIC-CAWFORMA MAR COUNTY D My Cama xpim AL"t FIREMAN'S FUND INSURANCE COMPANY ,NATIQNAI.SURETY CORPORA'I ION 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 CONWANY,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 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,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'Smewy,Hereby ratifying and confirming alt 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 frill 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 cacti 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 ti'MEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto ffi axed this 17 _ - --day of March 200 3 "�w FIREMAN'S FUND INSURANCE COMPANY NATIONALS ORPORATION s. FIREMAN'S t THE AMERICAN INS CE COMPANY s$EAL.• ASSOCIATED IND CORPORATIONn+"* AMERICAN ALT[OMOBILE INS CE CO1t1PA t' STATE OF CALIFORNIA SS. By COUNTY OF MARIN Vio-Presid&rt On this 17 day of March 12003 ,before me personally came Harold N. Marsh to me known,who,being by me duly sworn,did depose and say:that lie 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 W y hand and affixed my official seal,the,day and year herein first above written. r BRENDA J.DICKSON I © « . COMM.#1318092 -0 a r NOTAfthtPUBLIC-CALIFORNIA UB IC-CALIF ORNIA My COMM,Upiros Aupuit 17,2006-' J J Notary tic STATE OF CALIFORNIASS. CERTIFICATE COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF AT"T"ORNEY remains in full force and has not been revoked;and furthermore that Article V11 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 day of -r- — SAPS,Iwo }, 81 c INCE C �'`kC�Z� 'i7'�OUtS.r''fi, ,�, � Resident Assistant Secretary