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HomeMy WebLinkAboutMINUTES - 12052006 - C.12 TO: BOARD OF SUPERVISORS � ��--��' Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa x „v,� z 1 o� DATE: December 5, 2006 - `$4`4 Count SrAcoux't't Y SUBJECT: Approving the Second Extension of the SubdivisionAgreement(Right-of-Way Landscaping) for Park Acceptance 02-00005(cross-reference Subdivision 00-08507),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 Park Acceptance 02-00005 (cross-reference Subdivision 00-08507), approving the Second 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 improvements and the Subdivision Agreement(Right-of-Way Landscaping) for Park Acceptance Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping)for Park Acceptance guaranteeing completion of the improvements will not be renewed. Continued on Attachment:-' SIGNATURE: -16 _LeiFECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _,,APPROVE OTHER SIGNATURE S ACTION OF BO ON FiPW Cid &2a-tP.- APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS . 0 I hereby certify that this is a true and correct V�- UNANIMOUS &l7t-I16 rlAr copy of an action taken and entered on the - _ AYES: N6Es minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:vz G:\EngSvc\BO\2006\12-05\60-11 PA 02-0005.doc Originator: Public Works(ES) Contact: T.Rie(313-2363) ATTESTED://'C(/Oi"yh ew �' Band No/Date:929285584(September 24,2003) J cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development Supervisors and County Administrator T—October 9,2006 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road San Ramon,CA 94583 Attn:Bria»Olin By , Deputy The Continental insurance Company 2405 Lucien Way,5°i Floor Maitland,FL 32751 Atm: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 1V.SUPERVISOR DESAULNIER ABSTAIN: None RESOLUTION NO. 2006/ �55� SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping)for Park Acceptance 02-00005(cross-reference Subdivision 00-08507), 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 second 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 Park Acceptance 02-00005 (cross-reference Subdivision 00-08507), in the San Ramon (Dougherty Valley) area, through December 9, 2008; o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ® ANTICIPATED DATE OF COMPLETION: January 2007 ® REASON FOR EXTENSION: Complete punch list items on warranty final walk. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:vz G:\EngSvc\BO\2006\12-05\BO-11 PA 02-0005.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.Rie(313-2363) Shown. Bond No/Date:929285584(September 24,2003) cc: PublicWorks—Construction ATTESTED: �Lb2�'�7�/y2K Current Planning,Community Development T—October 9,2008 JOHN CULLEN, Clerk of the Board of Supervisors and County Windemere BLC Land Company,LLC Administrator 6121 Bollinger Canyon Road San Ramon,CA 94583 Atm:Brian Olin The Continental Insurance Company 2405 Lucien Way,5"Floor By ,Deputy Maitland,FL 32751 Attn:Jeri Apodaca RESOLUTION NO.2006/_;ZW CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: PA 02-00005 (cross-reference SD 00-08507) Developer: Windemere BLC Land Company, LLC Original Agreement Date: December 9, 2003 Second Extension New Termination Date: December 9, 2008 Improvement Security Surety: The Continental Insurance Company Bond No. (Date): 929285584 (September 24, 2003) Security Type Security Amount Cash: $ 13,600.00 (1% cash, $1,000 Min.) Bond Rider: $ 201,675.00 (Performance). $679,050.00(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 t eret and acknowledge same. Dated: Dated: October 23, 2006 Windemere BLC Land Company, LLC FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shin,Public W rks ct see attached signature block By: Printed Developer's Signature(s) RECOMMENDED FOR APPR AL: By: Printed (Engineerii > >sion) Address The Continental Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 2405 Lucien Way, 5th Floor Maitland, FL 32751 _ FOR "PKOVED:Vicw].Wamian.CountyCounsel Address After Approval Return to Clerk of the Board _ o I"'i ttorn acts Signature Jeri Apodaca Printed Bond No. 929285584 PA 02-00005 (cross-reference SD 00-08507) 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 By: e l Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California County of ss. On-d(Ak 14, lai before me, �W/��� B�f�r Notary Public, personally appeared Bl-ikn 17. a% KIIAW 41 s �2ww 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 hook/they executed the same in*sAter/their authorized capacity(ies),and that by his4tedtheir signature(s)on the instrument the person(s), RUTH RUN= or the entity upon behalf of which the Carotin 4! 1670961 Pum_CadPoe*ta person(s)acted,executed the instrument. Cama Cada Cam9y RAyCaran.FINay26.301 WITN S my han and official seal. 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 ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ACKNOWLEDGEMENT State of California County of Orange On October 23 2006 before me, Rosa Estela Rivas,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. WITNESS my hand and official seal. 11 aROSA ESTELA RIVASc\jCOMM.# 1447661 NOTARY PUBLIC CALIFORNIA o Signature ORANGE COUNTY ro AJ Rosa Estela Rivas My comm.expires Oct.28,200: ®l (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 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Linda Enright,Mike Parizino,Rhonda Carlyn Abel,James A.Schaller,Jeri Apodaca,Jane Kepner,,Individually of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed,pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the corporation. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1 st day of October,2006. • The Continental Insurance Company e4•�yIIi8f/••� •. S r y Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 1 st day of October,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. j 'OFFICIAL SEAL' ; MARIA M.MEDMA • C wawa.Ener d Mob • ��� �rACanmoran Fapirw 711616 10E My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 23rd day of October 2006 S The Continental Insurance Company r � Q`�i sr• _ •""'t"'••• Mary A.Rikaj@kis Assistant Secretary Form F6850-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the company. "Article VI-Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may,from time to time,appoint by written certificates attomeys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13`"day of January, 1989: RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached."