The URL can be used to link to this page

Home My WebLink AboutMINUTES - 12192006 - C.5 TO: BOARD OF SUPERVISORS %� G Contra �V, l; F• a Lr FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ``" ,. u• Costa DATE: December 19, 2006 County SUBJECT: Approving the Third Extension of the Drainage Improvement Agreement for Drainage Acceptance 00-00002 (cross-reference Subdivision 95-07976),for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDA11ON(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Drainage Acceptance 00-00002(cross-reference Subdivision 95-07976), approving the Third Extension of the Drainage Improvement Agreement, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the warranty/guarantee period and the Drainage Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Drainage Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: ✓ SIGNATURE: N<ECOIMMENDATION OF COUNTY ADMINISTRATOR _REC01MNIENDATION OF BOARD COMMITTEE APPROVE X HER SIGNATURES : AC"FION OF B ON APPROVED AS RECOM\9 ENDED OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct - - --- — copy of an action taken and entered on the X C'AAIVIMOt�S(1!4C; NP) DIST 1V . minutes of the Board of Supervisors on the AYES----------- ,VOF_S:----------- date shown. A BSE,,V T:---=-------A BS TA LTV:--=--=------ C;:1Cn;Svc\BO'�2006\12-1916-11 DA oo-00o2.doc CoOriginator: Public Wor(313-2 63) • %��;,6 e/v-/ Contact: "r.Ric(313-2363) ATTESTED• v��ii��// ,g, G Bond No/Date:11133583275(July 18,2001) JOHN CULLEN, Clerk of the Board of cc: Public Works—Construction Supervisors and County Administrator CnRent Planning,Community Development T—July 11,2008 Windemere 131-C Land Company.LLC 6121 Bollintzer Canyon Road.Suite 500 San Ramon.CA 94583 By , Deputy Alm:Brian Olin The American Insurance Company 777 San Nlarin Drive Novato,CA 94998 Atut:Ann Bento THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 19, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, PIEPIIO, GLOVER, AND GIOI.A NOES: NONE VACANT: DISTRICT IV RESOLUTION NO. 2006/ J00/ SUBJECT: Approving the Third Extension of the Drainage Itnprovetnent Agreement for Drainage Acceptance 00-00002 (cross-reference Subdivision 95-07976),for project being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District I11) The Public Works Director having recommended that lie be authorized to execute the third agreement extension which extends the Drainage Improvement Agreement between Windemere BLC Land Company, LLC and the County for constriction of certain improvements in Drainage Acceptance 00-00002(cross-reference Subdivision 95-07976),in the San Ramon(Dougherty Valley) area, through September 11, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: August 2007 ♦ REASON FOR EXTENSION: Completion of warranty/guarantee period IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:yz I hereby certify that this is a true and correct copy of an action taken c\.En,S%c\BO\2006\12-191BO-1 I DA 00-0002.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: 'I.Ric(313-2363) Bond No/Date:11133583275(July 18,2001) ATTESTED: AcG7"-e6Gy 1e1 ��06 cc: PublicWorks—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Connrrunity Development T—July 11.2008 Administrator Wiudernere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon.CA 94583 Atm:Brian Olin BY , Deputy The American Insurance Company 777 San Marin Drive Novato,CA 94998 Attn:Ann Bento RESOLUTION NO.2006/ �Q� CONTRA COSTA COUNTY DRAINAGE IMPROVEMENT AGREEMENT EXTENSION Development Number: DA 00-00002(cross-reference SD 95-07976) Developer: Windemere BLC Land Company,LLC Original Agreement Date: September 11,2001 Third Extension New Termination Date: September 11,2008 Improvement Security Surety: The American Insurance Company Bond No.(Date): 11133583275(July 18,2001) Security Type Security Amount Cash: $24,000.00(1% cash,$1,000 Min.) Bond Rider: $356,250.00 (Performance) $ 1,199,500.00 (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 thereto a d acknowledge same. Dated: l7 Dated: (-U.0-6(10 '144 L FOR CONTRA COSTA COUNTY Developer's Signature(s) MauriceM.Mmei. Shiu,Public Wo r D By: , I AAAAA L^ Printed f Developer's Signature(s) RECOMMENDED F99,V- By Printed (Engineeriion) Address The American Insurance Con;pany (NOTE: Developer's, Surety's and Financial Surety or Financial Institution. Institution's Signatures must be Notarized.) 777 San P'larin Drives'Novato, CA 94993 FORM APPROVED:Vicmr J.Wanwk CawiyCo d Add s After Approval Return to Clerk o the Board K6tck Date: 11/6/2006 Attorney in Facts Signature Ann M. Bento Printed Bond No. 11133583275 DA 00-00002 (x-ref SD 95-07976) Drainage Improvement Agreement Extension 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: G ��!` Brian G. Olin,Vice-President By: Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California nn--�-- n _ , ss. County of 1,Cy1� 1�0� OnNo✓GWtbw before me, A u"jL Xjay- yx?,, 0b,6,rt,) PA,61)c Date Name and Title of Officer(P,g.,`Jane Doe,Notary Public") personally appeared l?ITj O\ ,y,1 2- E qik, Name(s)of Signer(s) ``�¢ersonally known to me Ll,,proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)tsfare subscribed MAKE MARIMEZ 'to the within instrument and acknowledged to me that CoauMWon*1614317 lao/slae/they executed the same in #i&/aier/their Iiolwhtft_Gommlo authorized capacity(ies), and that by 4is/4 /their Coma coda C=* signature(s) on the instrument the person(s), or the MyC0mm.E9re50ct18.2o09 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of lNotary Public OPTIONAL Though 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 form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officer—Title(s): it Corporate Officer—Title(s): ❑, Partner—^ Limited ❑ General _ Ll Partner—❑ Limited ❑ General _ P Attorneyin Fact ❑ Attorney in Fact ' Top of thumb here Y Top of thumb here Trustee ❑ Trustee Fl Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 ACKNOWLEDGEMENT State of California } ss. County of Marin On November 6. 2006, before me, Brenda J. Dickson, personally appeared Ann M. Bento, 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 D� (Seal) Brenda J ickson r ,��"� BRENDA J. D16KSON ^�'� Q COMM.#1596033 D d Ia?s I NOTARY PUBLIC-CALIFORNIA T < MARIN COUNTY D f My Comm.Wree Aupuet 17 2009 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY 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 Ann M. Bento 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 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 Attomey(s)-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 FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE CObIPANY 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 FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY 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 caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 12th day of April 2006 TxY pC. '^ 'e,;,%.�,'t°a""'r^r w,w ;,�, ,'-•• ";.Y"uc..:.� ,�>„••,r,•r••�n.,` FIREMAN'S FUNDINSURAN E COMPANY NATIONAL SURETY CORPORATION II�'� �(` -'� •� r"•. , • •Y� =7,�� J>= THE AMERICAN INSURANCE COMPANY 4' SH7 .1 .L; .K. ASSOCIATED INDEMNITY CORPORATION *` '-' f AMERICAN UTOMOBILE INSURANCE COMPANY rP4Mwo!C ; '�lUUR,�G of Tn.w.ror.r STATE OF CALIFORNIA By /;v��' COUNTY OF MARIN } SS. Vice-President On this 12th day of April '2006 before me personally came Janet S. K1 oenhamer 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 havf he cral seal,the day and year herein first above written. Commts3lon# 1474746 Notoy PtAft-corriorft mor,covey j%T.MVCQMM-EvisNotary Publi STATE OF CALIFORNIA l J} COUNTY OF MAKIN ss. 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 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 (00\ day of O0 )emP22-,),n'6 .&i�7Y ,�"""�..rr .si•��` r'-arts • y,•, G;'.iw,•oi`�,� � *��-,r �:.�;;�:�•:"�;4 ��J�,.a.a..��' pti C_Fu'ti�7Fr q. ,t�Y• °lir��> r i rl }`•: t1y'r� Z�flF:'- ,•r _`+� 'x�F"�o'' 'y;�p�'�a'►= '+w„�s�e r'"� ' R ent Assistant Sec 360791-11-98 f