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Home My WebLink AboutMINUTES - 12052006 - C.14 \\_SE�L_Dd, TO: BOARD OF SUPERVISORS _ '_\. Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: December 5, 2006 sTA --o--K County SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 03- 01147 (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. 2006/715 4� for Road Acceptance 03-01147 (cross-reference Subdivision 00-08507), approving the Second Extension of the Road 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 improvements and the Road Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: SIGNATURE: a� f -J-__ _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER v0 T OF SUPERVISORS I hereby certify that this is a true and correct V�x UNANIMOUS 1/aaia rir---/,)isT/(�) 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 G:\EngSvc\BO\2006\12-05\BO-1l RA 03-01147.doc Originator: Public Works(ES) ATTESTED: O�,�6ei71 ��6 Contact: T.Ric(313-2363) Bond No/Date:104125139(October 6,2003) JOHN CULLEN, Clerk of the Board of cc: Public Works—Construction Supervisors and County Administrator Current Planning,Community Development - T—November 11,2007 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road„Suite SOO San Ramon,CA 94583 ByDeputy Atm:Brian Olin Travelers Casualty and Surety Company,LLC 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Atm:Rosa E.Rivas 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 ABSTAIN: None RESOLUTION NO. 2006/ ;r6 SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 03-01147 (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 Road Improvement Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Road Acceptance 03-01147 (cross-reference Subdivision 00-08507), in the San Ramon (Dougherty Valley) area, through December 9, 2008; A o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ® ANTICIPATED DATE OF COMPLETION: December 2007 ® REASON FOR EXTENSION: Signage and striping not complete IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. LB:vz I hereby certify that this is a true and correct copy of an action taken O:\EngSvc\BO\2006\I2-05\BO-1l RA 03-01147.doe and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: T.Ric(313-2363) Bond No/Date:104125139(October 6,2003) ATTESTED: cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Developrnent T—November 11,2007 Administrator Windemere BLC Land Conui)auy,LLC 6121 Bollinger Canyon Road„Suite 500 San Ramon,CA 94583 Atm:Brian Olin By J Deputy Travelers Casualty and Surety Company,LLC _ 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Atm:Rosa E.Rivas q RESOLUTION NO.2006/ 71—'r4 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 03-01147 (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: Travelers Casualty and Surety Company LLC Bond No. (Date): 104125139 (October 6,2003) Security Tvne Security Amount Cash: $3,840.00 (1% cash, $1,000 Min.) Bond: $380,160.00 (Performance) $ 192,000.00 (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 the eto d acknowledge same. Dated: 1 ,T� � Dated: October 25, 2006 See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Works Dir r v By: t.� ti`^ Printed Developer's Signature(s) RECOMMENDED FOR APPRO L: By: Printed (Engineer n S rvic s Di inion) Address Travelers Casualty and Surety Company. LLC (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:Vicmr T W�Canty Counsel Address After Approval Return to Clerk ofthe Board f3J�--�'(1� _':_ '— Attorney in Facts Signature Rosa E. Rivas - Printed Bond No. 104125139 RA 03-01147(X-ref SD 00-08507) Road 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: -- �-� Brian G. Olin,Vice-President By: G�/r /:✓ Erik S. Brown,Asst. Secretary I CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California ss. County of OoA On 'ut/w 11 (.mob before me, KtMn Q10--bis{t� Notary Public, personally appeared �f1R Yl �7 01 i�r' (L S• Brdwri— 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 he4Wthey executed the same in hi&4wWtheir authorized capacity(ies),and that by hisfherhheir RUiM RUN®ISFtOP signature(s)on the instrument the person(s), Cry upon behalf of which the Nps,per„ .,:r a person(s)acted,executed the instrument. Contra Coati+a County OMV Cotrnn.Etp�aRRay26.2ti1 WITH S y h nd 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: State of California ACKNOWLEDGEMENT County of Orange On October 25 2006 before me, J. Barragan,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. J. ftaRRAGAN WITNESS my hand a dal seal. Commission# 1635125 LNotary Public-California Orange County Signature My 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 S4067/GE 1/06 FRP WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPALIL POWER OF ATTORNEY Vv 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. 000255664 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 Attorney(s)-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 pe 1 tte&in anyyacyons onproceedings allowed by law. N10. � � 20th IN WITNW V HEREOF,the Compjl%have caused this instrumento be signed-and the' corporate seals to be hereto affixed,this day of arc uVV6 R�\Y �y." e 4t Ile � Farmington Casually Company" � St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurra,tice 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 1 `�L Yf � 4i Q�\' L,R i3(/JP,.......A9,r,� PJ bb qj4�nI P. ,F$`� •tl 2 no YBS, O �J� g NWrm 1927 m f m yr`40NPORATF:,P�. m INNrFOflQ 3 �y t95 N "SEA i"S �: SEAL:r'o � CONN. n CONt1. ; a t896 b P ss�e c o........ N f P.•... :a b n Y+" r�17 AtN� OF(,kW 'w.rn��F. tw..�✓�'� ft.......r? bj PPS State of Connecticut By: 1-�QM�V!c City of Hanford ss. G rge W 1 ompson,Sen' r Vic President 20th March 2006 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. �:7FdY In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2006. �OCrBIIG$ Marie C.Teneault,Notary Public CO 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 Attomeys-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 sea] 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, 1,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 Surety Companyo`f•'yAmerica-and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the PoweE o`ff,'Attorney executed by said,Companies,which is in full force and effect and has not been revoked IN TESTIMONY WHEREOF,I have hereunto set my hand and''affixed^h seals of�sa Companies this 25th day of O CtOb 2Y 2006 . Kori M.Johann Assistant Secretary GI.6Uq suREry F�0.E 6 *M �M 1NSU �r NN � s�ITY C,(yyP��l(' 4e y�,� � O� qP fQ•OFPONq)! Qr'./ yf• yT 09 .y �-S �f1 -••^+vNWtED Z ��t � F: ur�pM1Y0R9)f�� R F' �y ya 'y � N� 1951 .Nab �, � 1 0. a�,SE ALfco �\SSAL;`� CONN. eo Wtat.p)p w 896 �y. nN Op AEa S�FNucE °'S.•AM�d� °'Ya.........1•`•d ode res ��,(�' O 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 Attorney-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