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Home My WebLink AboutMINUTES - 12192006 - C.7 SE r TO: BOARD OF SUPERVISORS % =f = Contra_F' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: December 19, 2006 County SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Drainage Acceptance 03-00021 (cross-reference Subdivision 03-08509), for project being developed by Windemere BI.0 Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SITC]FIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECONIMENDATION(S): ADOPT Resolution No. 2006/40" for Drainage Acceptance 03-00021 (cross-reference Subdivision 03-08509), approving the Second Extension of the Drainage Improvement Agreement, for project being developed by Windemcre BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/R.EASON(S) FOR RECOMMENDATION(S): The developer has not completed the improvements and 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: L,-" SIGNATURE: ` ` ✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 'PROVE OTHER SIGNATURE. S : ACTION OF BV)ON G e,w-P> Gy APPROVED AS RECOMMENDED OTHER VOTE OF SUPEO_ RS I hereby certify that this is a true and correct 1r1v;q�'1110(.!S(1:iC.1.N7j DIST. Ii' copy of an action taken and entered on the AYES-----------=- "Vo& -=---:----- minutes of the Board of Supervisors on the gBSE:VT=-=------==ABST,II.N:---------=-- _. - date shown. G:%EngSvc\B0L006\12-19\BO-I I DA 03-002Ldoc Originator: Public(313(313--2(es) ATTESTED:'�� ..'-//? Cmllrcl: T.Ric -363) Bond No/Date:09719219(September 10,2003) JOHN CULLEN, Clerk of the Board of . cc: Public Works-Construction Supervisors and County Administrator Current Planning,Community Development T-October 9,2009 Winden e BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 Sail Ralnon.CA 94583 By , Deputy Allll:Brian Olin Fidelity and Dcposit Company of Maryland 901 N.Brand Blvd,PCI11110USC Suite Glendale,CA 91203 Attn:Rosa E.Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 19, 2006 by the following vote: AYES: SUPERVISORS UIL.K.ENIA, PIEPHO, GLOVER, AND GIOIA NOES: NONE VACANT: DISTRICT IV RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Drainage Acceptance 03-00021 (cross-reference Subdivision 03-08509), for project being developed by Windermere BLC Land Company,LLC, 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 Drainage Improvement Agreement between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Drainage Acceptance 03-00021 (cross-reference Subdivision 03-08509),in the San Ramon(.Dougherty Valley) area, through December 9, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: January 2009 ♦ REASON FOR EXTENSION: Completion of improvements and warranty/guarantee period IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. B:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2006\I2-19'dBO-1 I DA 03-0021.doe and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Ric(313-2363) g Bond No/Date:08719219(September 10,2003) ATTESTED: cc: Public Works-Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T-October 9,2008 Administrator Windemere BLC land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company offAaryland By , Deputy 801N.Brand Blvd,Penthouse Suite Glendale,CA 91203 Aun:Rosa E.Rivas RESOLUTION NO.2006/ �� CONTRA COSTA COUNTY , DRAINAGE IMPROVEMENT AGREEMENT EXTENSION Development Number: DA 03-00021 (cross-reference SD 03-08509) Developer: Windemere BLC Land Company,.LLC Original Agreement Date: December 9, 2003 Second Extension New Termination Date: December 9, 2008 Improvement Security Surety: Fidelity and Deposit Company of Maryland Bond No. (Date): 08719219 (September 10, 2003) Securitv Tvpe Securitv Amount Cash: $4,.100.00 (1% cash, $1,000 Min.) Bond: $406,900.00 (Performance) $205,500.00 (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 hereto and acknowledge same. Dated: Dated: November 15, 2006 FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu, Public Works rect Windemere BLC Land Company, LLC By: Printed see attached signature block Developer's Signature(.) RECOMMENDED FOR APP VAL: t-11 I By: ' - Printed (Enginee ger ices ivision) Address Fidelity and Deposit Company of -�Lqz*lzand (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 801 N. Brand Blvd. , Penthousa Suite Glendale, CA 91203 FOR.,APPROVED:Victor J.R'—n.County Cou-1 Address After Approval Return to Clerk of the Board Attorney in Facts Signature Rosa E. Rivas Printed Bond No. 08719219 DA 03-00021 (x-ref SD 03-08509) 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: L—�- Brian G. Olin,Vice-President By: A Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' II County of 6MIIN�- s r__ ss. On Wive- y+at"V, 1"-1- before me, Date Name and Title of Officer(e.g.,"Jane Doe,NotaryPublic") personally appeared _ W-AA-0 G . (Wi rJ 2, 6214 L S •'BrzLA)h Name(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that 499 6#ie/they executed the same in Wsff-rer/their authorized capacity(ies), and that by lrisfher/their mon�16jf0Mj signature(s) on the instrument the person(s), or the �Y�bfiC=CaBfotPop Cho costo Courny entity upon behalf of which the person(s) acted, oct18.2Wq~ executed the instrument. WITNESS may hand and official seal. Place Notary Seal Above Signature ofNotary 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: Ll Individual ❑ Individual C] Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—C' Limited ❑ General ❑ Partner—F j Limited ❑ General D Attorneyin ac Ft Top of thumb here ❑ Attorney in Fact ' El Trustee Top of thumb here Trustee C7 Guardian or Conservator '--J 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 County of Orange On November 15 2006 before me, Jeri Apodaca,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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. 9 AMOACA Colnunlat e•1693703 Signature RM-CotttoMIG Omw Countywl"Okw Cornrr`6�irtOd 14.ZOl al) 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP i tiimoftO- aOMA vm*M vftw.N Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D. BARNES,Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e cfe3s by nominate,constitute and appoint Rosa E.RIVAS,of Irvine,California, its true and lawful pt tt -in- make,execute,seal and deliver,for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan o 'S on said Company,as fully and amply,to all intents and purposes,as if th xec ged by the regularly elected officers of the Company at its office in Bal ' re, heir CF r 0 The said Assistant r G, es ere , t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- w s ' dein force. P �� IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of October, A.D. 2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �p DEPpy.� � f p O e 1 By: Eric D. Barites Assistant Secretary William J. Mills Vice President State of Maryland1 ss: City of Baltimore f On this 5th day of October, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 010�,p5R.N4)b' Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-5025T EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages--and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify . that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile .or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or. . hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 15th day of November 2006 Assistant Secretary