The URL can be used to link to this page

Home My WebLink AboutMINUTES - 10102006 - C.13 13 TO: BOARD OF SUPERVISORS _ Contra r I �_ a% FROM: M�URICE M. SHIU, PUBLIC WORKS DIRECTOR '_:� :< Costa :. DATE: October 10, 2006 �7 *� County T I SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 03-08712, for project being developed by R"indemere BLC Land Company-,LLC,San Ramon(Dougherty-Valley) area. (District III) 3�CKv3'v�SC AND ItiST:FICAT;OS - REC01 B IENDATION(S): ADOPT Resolution No. '_006 for Subdivision 03-0S-1?, approving the Second Extension of the Subdivision Agreement, for project being developed by Windemere BLC Land Compam-, LLC, San Ramon (Dougherty Valle) area. (District III) I FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the warrants-period and the Subdivision Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement guaranteeing completio Of the Improvements will not be renewed � Continued on Attachment: ✓ SIGNATURE: vRECONINIENDATION OF COUNTY ADMINISTRATOR i RECOMMENDATION OF BOARD COMMITTEE .APPROVE OTHER SIGXATCRE(S): ACTION OF BO(�fi ON e,-e Z40 APPROVED AS RECOMMENDED=006THER I hereby-certify-that this is a true and correct VOTE SUPERVISORS Copt-of an action taken and entered on the t'NA\IaoCS(ABSENT ow C 1 minutes of the Board of Supervisors on the AYES" NOES: date shown. ABSENT: ABSTAIN: i LB.z �� O O ATTESTED: Originator: JOHN CULLEN, Clerk of the Board of ContactT.RceL-:i'__53 Supervisors and County Administrator By Deputy- Atm 3 =.O:t 5;=S \sir.Ju--e-Site='37 rsn-=.C4 i i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA I Adopted this Resolution on October 10. ?006 by the following rote: I AYES: Cilkema. Piepho.DeSaulnier. Glover and Gioia NOES: None ABSENT: None ABSTAIN: None i RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Subdivision?Lgreement for Subdivision 0=- i OS'1?, for project being developed by Windem'-re BLC Land Company. LLC, San Ramon (Dougherty Valle-) area. (District III) I I The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision agreement between Windemere BLC Land Company.LLC and the County for construction of certain improvements in Subdivision 03-08 12. in the San Ramon (DoughertValle-) area, through December ' ?OOS; ® APPROXMATE PERCENTAGE OF WORK COIPLETE: 100% � a — TICIPATED DATE OF COIPLETIO: December 2006 I i a REASON FOR EXTENSION: Completion of warranty period. I i IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. L3+z I hereb, eer[thv t1at ihis is a true and co.,ect cop_;of an ::mon raven G:= =,z 110 so => ='BO--. and entered on the minutes of the Board of Supervisors on the date Orimnawr: F_zi.c shoR'11. - Celcea: T-Rae sod N�D-'� '..____ (1/C[✓� aCi�06 - ATTESTED: tea' O I _= _ JOHN CLLLEN. Clerk of thl— Board of Suncer sons and County Administrator 2LC.z J Com=: LLC i CA y=: >.i,t-S _n By .Deputy /01 .A. •c..e::e:Erie:-_\i_vers I I RESOLE"TION NO.2006; i CONTRA COSTA COUNTY � SUBDIVISION AGREE-NIE\T EXTE\SIO\ I Development Number: SD 03-08712 Developer: R'indemere BLC Land Company,LLC Original Agreement Date: December 2. 2003 Second Extension New Termination Date: December 2.2008 Improvement Security i Surety-: Liberty-Mutual Insurance Company I Bond No. (Date): 24006467 (July 7.2003) Security Tyne Security amount I Cash: S 12.900.00 (1% cash. 51.000 Min.) Bond Rider: S 190.970.00 (Performance) S 643.000.00 (Labor& Material) I The Developer and the Surety desire this agreement to be extended through the above date:and Contra Costa Courtti• and said Surety hereby azree th et d a kmowledae same. Dated: Dated: august 31, 2006 I- 1 SJLC.. ��d Sl�cc�W2 �1t1�— V I FOR CONTRA COSTA COUNTY Developer's Sigature(s) i Mau ice M. Shiu,Public Works Director Bv: A Printed LT ryw� I Deye'.oper's Signature(s) RECOMAiE\QED FOM- OVAL: I By: AA Printed (En6nee it en ces tvision) i Address Liberty Mutual Insurance Company I (VOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 505So. Main St. , Suite 830 Orange, Ca 92868 Address After Approval Return to Clerk of the Board - -� / — z i Attorney in Facts Signature Nanette Mariella—Myers Printed i I i Bond No.23006467 (Subdivision Agreement Extension) WI\DEMERE BLC LAND COMPANY,LLC,a California limited liability compare By: LEN-OBS Wf\DEMERE. LLC., a Delaware limited liability company. its Managing Member By: LE\1AR HOMES OF CALIFORNIA. INC.. a California corporation. its ManagingMember .. i B_y: Brian G. Olin.Vice-President i I B.: z /— Erik S. Brown. Asst. Secretary I I i I i I I I CALIFORNIA ALL-PURPOSE ACILNOWLEGEMENT I Mate of Californian ( jJ Count-of i i On' In / �Oa-G6// before mem .Notary Public. personally-appeared '�" ' G/ - U u/�`"Lr�� r' /✓w��` i Vpersonallv known to me proved to me on the basis of satisfactory evidence i to be the person(s) whose name(s)is are subscribed to the within instrument and aclaton ledged to me that 4e-3he-they- executed the same in his- e their authorized capacitlies),and that byhfs , their RUTH ELLEN WHOPsignature(s)on the instrument the person(s), i 0Commission D 1670961 or the entity upon behalf of which the i NolM pW)Uc-aka persons)acted.executed the instrument. Corina Costa Coumy j ,MVCQffME;0WMW26.20l and official seal. I i OPTIONAL j T.:ous the ir:orrs:ior b,-:ow is ro:recaited by law:::ns.proms e ca:uable:o pe:sms rein_or.t`.e dae_nen[an enu:c 2 en Description of Attached Document 1 Title or Type of Document: i Document Date: Number of Pages: i Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: Indi%:dua' Co:porateOfficer—Title(s): Parmer- Limited General ar.orney-in-Fact Trustee i Gu rd_ar.or Conse-cator O:her Signer is Representing: I I I ^ i CALIFOR\IA ALL-PURPOSE ACKNOWLEDGEMENT State Of California OPTIONAL SECTION Ce-W.y of Orange CAPACITY CLAIMED Bl'SIGNER On 8/31/2006' /31/2006,before me. T. England, Notari Public - Though statute does not require the Notary to fill DATE SAwtE.:ITLE OF OFFICER E G_-;ANE DOE.SO-ARY PUBLIC- in the data below,doing so may prove invaluable to persons relying on the document. pe.sona::pappeared Janette Yariella—`lrers SA}:E:-s;CF SIGNER.; - ❑ INDWIDUAL -Mt pe--s-anally knou n to me-OR--❑ p;ovided to me in the bas',of satsiactcr-e:-iderce to — ❑ CORPORATE OFF:CEZS j be f c pe._onts)chase nameisr is are sue,crbed TITLE:S, to the withi:insm—ment and a6ataw:eaged to - me That h: :e they exec.ited the same is = ❑ PARTNER(Sr - 13LIMITED I. ENGLAND hisher:he.r ac:horized capa r'iies-%and that by I - ❑ GENERAL hs}ar:heir sig at-e(s)on the instrument the I Commisslon# 1651153 - ❑ ATTOREEI"-L�-FACT z pe-son.- - ,- c e-I -w -aa be aof�..: .:he Z No.cry Public-Cailfv nic - ❑ TRLSTE-AN" pe T acted.2\2 II:h2 ms-.7-:-nen:- `� Orcnye County - ❑ GUARD�K-COtiSERI'ATOR MY Comm.Expires Apr 9,2010 ww7T\E _m%ca nd and otTicia�sea:. - 11 OTHER SIGNER IS REPRESENTING: _;G V CP.E O=]O'ARY i Si\:E OF PEPSONiS OR EYFIM'ES.: _❑ ac.. ilwlec:EB-[o me tf.a:s::ch ce-para::an execute.l[`e wi&..fa inst.i men:pursuant-.o IS by-laws o- a-esoiaaon of n5 Bozrd o:D:rec: s. OPTIONAL SECTION THIS CERTIFICATE.MUST BE ATTACHED Tide or Type of Doc Inert TO THE DOCUMENT AT RIGHT. Number c_Paces T:.Ocgit the adjacent data is xt required by:a::.is may prove valuable Dare of Docu:nen: to persons reiying Dr.the dot_ener:a.-.c cued prevert f:auca:ent Sienerst Ot er Than Named Aaowe re-auac:-ment of this iorm INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply\;ith the following to be acceptable to Contra Costa County. I. FOR.ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name j must be signed exactly'as it is typed or printed. II. SIG_vATLRES FOR INDIVIDUALS -The name must be signed exactIv as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS -Signing partmust be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONTS Documents should be si_Ited by two officers,one from each of the followw'ine two groups: GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROLT 2. (a)The Secretary (b) (b)An Assistant Secretary- (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified cop;of a resolution of the Board of Directors authorizing the person si,2ning the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will surtice. Notarization of only one corporate signature or signatures from only one group,must contain,the followwing phrase: i "...and acknowvledged to me that such corporation executed the within instrument pursuant to its by-law;or a resolution of its Board of Directors." y i lgz000z- _ THIS POWER-OF-ATTORNEY_IS NOT VALID UNLESS ITISPRINTED ON RED BACKGROUND - -This Power of-Attorney-limits the acts of those named herein and they have no authority to bind=the Company except-in the manner and to the extent herein stated = _ LIBERTY MUTUAL INSURANCE COMPANY - -BOSTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE-PRESENTS ,=That Liberty Mutual Insurance Copany--the Company) a Massachusetts stock insurance company,pursuant to and by authority of the By!aw and Authorizat.on hereinafter set fo-tn.does her name.cchstitute and appoint- _ RHONDA C ABEL,NANETTE MARIELLA-MYERS,JAMES A.SCHALLER,JANE KEPNER,MICHAEL D PARIZINO,JERI APODACA,RACHELLE RHEAULT,`ROSA E:RIVAS.GRACE REZA-.ALL OF THE CITY OF IRVINE,STATE OF CALIFORNIA . ..... .... .... .... ... ..... ..... ...... ........ .... .... .=each individually if there be more than_orie named. its true and-lahlul attorney-in-fact to make:execute.=seal ac<nov edge-and delrver,_for and cn=its behalf as surety and as-its act-and-de_ed.-anv and=a! undertakings bonds.-recoarizarces and other surety=obi igations in the penal sum not exceeding ONE HUNDRED SEVENTY FIVE MILLRWAND=00/100'*� ******"**********DO'LLAPS=IS= 175.000;000.00***** - )_each and the - - - - - -execution-of-such undertakings. bods.-reccgnizances and_-other surety,cb'gations, in presents shat be as-binding upon__-the Cornpany_as_if they had been duly s gneo by the president and attested_tiy_the secretary of the Company in their own proper persons - - That this power is made and executed pursuant to and by authority of the follo wing By-law•and Authorization: ARTICLE XIII - Execution of Contracts:Section 5. -Surety Bonds ar.d Undertak rigs. _ - - - - Anyo`ficer of the Com panyauthcnzed=for-That purpose m writing by chairman-or-the-president_and=subject-to §uch t-mitat`ens,as,the chairman_or-the`president may prescribe:shall appointsuch attorneys-in-fact.as=maybe necessary to aet in-behalf-of the=Company to execute. seal. acknowledge and deliver as surety,any and=all-undertakings. bonds: recognizances_and=other-surety-obligations.= ui attorneys-in-fact_subject to_the lim tations set forth in-their respective powers o`. attorney. shall have full=power to bind the Company by_the;r _ y Q 7 CL - signature and execut on of any such instruments and to attach thereto the_seal of the Company When so executed such cost uments shall be ) as b nd ng as if signed by the president and attted by the secretary -__ _ _-_ C y By the fo:c, mg instrument the chairman or the president has authorized the officer oro her official named therein to appoint attorneys-in-fact: a c - Pursuant to Article-XIII Section o of the By Law s=Garnet W. ElliottAssistant-Secretary-of Libe ty Mutual Insu ante Company is hereby M :-authorized to-appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,_execute. seal ackno- ledge and c i3 - deliver as surety ary and ail undertakings._bonds:=recogn zances and other_surety ob gatens. _ _ - - - • L-CII== w0That " - the By-law,acd_the Authorization set forth above are true copies thereof and are how in full force and effect: TW j IN WITNESSWHEREOF this Pow er of Attorney has been subscribed by an authorized officer or official-of the Company and-the-corporate seal of 0_a -_ Libegty-Mutual-Insurance Company has been affixed thereto in Plymouth Meeting:Pennsylvania this 12th day of = January - Q C m 7 - co 2006 - .'O- p_-a- tp LIBERTY MUTUAL INSURANCE COMPANY �i ///1� _ Q " B � �6' �✓ yE/ti a A I i 0-4) y Garnet yJ Elliott,Ass stan_t Secretary _ y CD L COtSMONWEALTH OF PENNSYLVANIA= ss j I y COUNTY-OF h.ONTGOHERY_ p C jL -12th--da- _ - - - - - -N C�% On thisy cf -January 2006 ,_briers me.a Notary Pub c, personally"came-Garnet W-Ellictt to me- - n and ackncvaedged d OC that he is an Assistant-Secretary_of Liberty Mutual Insurance_Corrpany that-he knows the seal of said corporation: and that-he executed the_aboveE. = ` Po er of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company-there o with the authority and at the d ret ion of said corpora on:-. Z�- p n- y O V T IN TEST!IvONY WHEf2E4J41� l ha�Ee-hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting.Pe nsyl�arna on the day and year Y-e - Q first abovewritten jjEr a?- S> _ N Z � • � ti" i Teresa pasteila,-Notary`Public - _y r -0(0 ' CERTIFICATE _-- � -00 1.the undersigned;Assistant becretary of C berry Mutual Insurance Company.do hereby ce tify-that the original power of attorney of hien the foregoing is-a full:true andcorrect copy. is in fullforceand effect onthe date of this certif tate;and I do further certify that the officer or off who executed the said_power_of=attomey_is-an Assistant Secretary-specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article I - XIII.Section 5 of the Bv-lays-of Libery Mutual Insurance-Company - - - - -This-certificate and-the abovpower er-of-attorney--may be signed by facsimile.or_mechanically reproduced signatures under-ard by authority of_tne i follow ing vote of the board of directors of Liberty Mutual insurance Company at a meeting dulycalled and held on the 12.0-day cf Pdarch.198 - "=-VOTED that the facsimile or mechanically reproduced signature of any assistant=secre!ary of the company wherever appearing upon a - certified=copy of anypower of attorney issued by the company"in-connection.with surety bonds._s'1a.I 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 corpo ate seal o The said company:thu 31st -, day_of - Aug 2006 - . j Dai. M.Carey.Asp nt Secretary_