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Home My WebLink AboutMINUTES - 12052006 - C.11 C'11 .1� C. �k sE Contra TO: BOARD OF SUPERVISORS �`t"-- �`-��' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: December 5, 2006 S>a coiih'� County SUBJECT: Approving the Fourth Extension of the Subdivision Agreement (Right-of-Way Landscaping) for East Branch Park,Park Acceptance 02-00001 (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 RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for East Branch Park, Park Acceptance 02-00001 (cross-reference Subdivision 95-07976),approving the Fourth Extension of the Subdivision Agreement(Right-of-Way Landscaping), 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 period and the Subdivision Agreement(Right-of-Way Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be renewed. Continued on Attachment:__,,�-' SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER SIGNATURE (S): ACTION OF BO ON ' G y G APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS s v I hereby certify that this is a true and correct UNANIMOUS _Y/wea77;T_&4'sTri�.r�'f� copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:vz 0:\EngSv0B012006\I2-05\B0-I IPA 02-000I.doc Originator: Public Works(ES) `, Contact: T.Rie(August 14, ATTESTED: A-w +7,6G 7•/ �—azza6 Bond No/Date:ST 2225(August 14,2002) / cc: Public Works–Constnrction JOHN CULLEN, Clerk of the Board of Current Planning,Conununity Development Supervisors and County Administrator T–August 1,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Sam Warden By , Deputy St.Paul Fire and Marine Insurance Company 9325 Sky Park Court,Suite 220 San Diego,CA 92123 u Atte:Jeri Apodaca THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2006 by the following vote: AYES: Uilkema,Piepho, Glover and Gioia NOES: None VACANT: DISTRICT IV SUPERVISOR DESAULNIER I ABSTAIN: None 0 RESOLUTION NO. 2006/ SUBJECT: Approving the Fourth Extension of the Subdivision Agreement (Right-of-Way Landscaping) for East Branch Park, Park Acceptance 02-00001 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the fourth agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in East Branch Park, Park Acceptance 02-00001 (cross-reference Subdivision 95- 07976), in the San Ramon (Dougherty Valley) area, through October 1, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% o ANTICIPATED DATE OF COMPLETION: March 2007 o REASON FOR EXTENSION: Completion of maintenance/warranty period. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:vz G:\EngSvc\BO\2006\12-051BO-1l PA 02-0001.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: T.Ric(313-2363) Shown. Bond No/Date:ST 2225(August 14,2002) cc: PublicWorks-Construction ATTESTED: &ee,r*4e�L,7-' !nr, 0&leG Current Planning,Community Development T-August 1,2008 JOHN CULLEN, Clerk of the Board of Supervisors and County Windemere BLC Land Company,LLC Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94553 Atm:Sam Worden St.Paul Fire and Marine Insurance Company 9325 Sky Park Court,Suite 220 B Deputy San Diego,CA 92123 y p y Atm:Jeri Apodaca RESOLUTION NO.2006/ X" CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-LANDSCAPING) EXTENSION Development Number: PA 02-00001 (cross-reference SD 95-07976) Developer: Windemere BLC Land Company, LLC Original Agreement Date: October 1,2002 Fourth Extension New Termination Date: October 1,2008 Improvement Security Surety: St.Paul Fire and Marine Insurance Bond No. (Date): ST 2225 (August 14,2002) Security Tyne Security Amount Cash: $ 13,903.00(1% cash, $1,000 Min.) Bond Rider: $206,460.00 (Performance) $695,150.00 (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 reto nd cknowledge same. Dated: I f 1 ' Dated: Novemhpr 6. 2006 Windemere BLC Land Company, LLC FOR CONTRA COSTA COiJNT Developer's Signature(s) Maurice M. Shiu, Public Works �rec r See Attached Signature R1ork By: ti Printed Developer's Signature(s) RECOMMENDED FOR APPRO By: Printed (Engineering Sery Address St. Paul Fire and Marine TnaF,ranre Lompany (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 9325 Sky Park Court, Suite 220 San Diego, CA 92123 FORM APPROVED:Victor 1,Wssmun,County Coo ucl Address ti After Approval Return to Clerk of the Board '-Xttomtyinrfacts Si nature Jeri Apodaca _ Printed Bond No. ST2225 PA 02-00001 (x-ref SD 95-07976) Subdivision Agreement Extension Right-of-Way Landscaping 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: ` Brian G. Olin, Vice-President Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California t� County of ss.,Q�Q On fy()YQ,{YI�3C t I I !o before me, Notary Public, personally appeared ?rl QM til a*4 � S bf UW&. I personally known to me ❑ 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 k 4she'they executed the same in his4w/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), r RUiH E111H 81109 or the entity upon behalf of which the Cor►wNaela►# t 6909A1 U person(s)acted,executed the instrument. WotaN -C6tMwt�lc CortAo Coate WITNESS my hand and official seal. a�rco�r,. �iyaaaot 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 Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): Top of thumb here ❑ Partner- Limited General ❑ Attorney-in-Fact !J ❑ Trustee fiy ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGEMENT State of California County of Orange On November 6 2006 before me, J.Barragan,Notary Public (here insert name and title of the officer) personally appeared Jeri Apodaca 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. J. sARRAGAN WITNESS my hand and official eal. <@My Commission# 1635125 ZNotary Public-California Orange County Signature Comm.Expires Jan 5,2010' (Seal) 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 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and.Guaranty Company Attorney-In Fact No. 213962 Certificate No. 000255665 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and.Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the.State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint James A.Schaller,Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella-Myers, Rhonda C. Abel,Jane Kepner,Grace Reza,and Rosa E. Rivas of the City of Irvine: ,State of California ,their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per ittteiPin any,achons or4proceedings allowed by law. 20th IN WITNOS HEREOF,the Comhave caused this instrumento be gigne}:and thMeorporate seals to be hereto affixed,this day of arc Farmington Casualty Com`pady, St.Paul Guardian Insurance Company Fidelity and GuarantylInsui raneerCompauy St.Paul Mercury Insurance Company Fidelity and Guaranty Insurescc Underwritters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company pr.SU�f SURfly yF,aFy Zy2d.�r'M1f.'C PN♦ly^iO 1!977� .'-1,^9'n$'M1t® N ni1'O9G�s y♦tiJ aux cF+cio. J`Sv1.X.M.P..O.i.R.x.AS:>�fay`!m tJfFWesi.�•,'I.:*C.P,.P..O..N..g..rF�.i"::"°�;o4-. ayVyssJbtPV\MrrFnOesqtIaD�,rtG�qi$.nogq:Pf7.71t• OO"SEAL SEAL �v. State of Connecticut By: _ City of Hartford ss. ta rge W t ompson,Sen r Vic President 20th March 2006 On this the day of , before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States FidelityandGuaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G• In Witness Whereof,I hereunto set my hand and official seal. f� '`' • -'��r� My Commission expires the 30th day of June,2006. lti� d Maze C.Tetreault,Notary Public 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company,St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED;that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;.and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Su�re[y4Companyrof;?Amcrica,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power'f,Attorttey executed by sMt Companies,which is in full force and effect and has not been revoked. VON �� a h November 06 IN TESTIMONY WHEREOF,I have hereunto set my hand and'affixed the saals of eaid�Com6t panies this day of 20 `t Kori M.Johans Assistant Secretary GI.SUaEj starry �EtPE64 �\�M..:MSGB JpV,INSVgq Jp,,TY�Nqu 0(4;" al 4`� Y,t,�� -'O4.S11 888®� w� A � �� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER