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Home My WebLink AboutMINUTES - 10102006 - C.16 00 TO: BOARD OF SUPERVISORS :�� Contra FROM: MA RICE M. SHIC;, PUBLIC WORKS DIRECTOR w' -/-may<; Costa 'Z' DATE: October 10, '_006 Count sr Y SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for i Subdivision 03-08714.for project being developed by Windemere BLC Land Company-,LLC,San Ramon (Dougherty- Valley) area. (District III) � i S:ECi.[L R--Q::EST:S;CR REC0%L1:c\JA-IOS_S a BACKGROC\D A\D:-S:IF:C'.TIC\ I i RECOMMENDATION(S): ADOPT Resolution"\o. 2006 �for Subdivision 03-08'14, 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 Valle-) area. (District III) - - i FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the warranty period and the Subdivision Agreement(Right-of-WayLandscaping) has expired. i CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Richt-of-Way Landscaping)guaranteeing completion of the improvements will not be renewed. I Continued on Attachment:-,,�' SIG-NATURE: 'L I I �RECOMMENDATION OF COUNTY AD>IINtSTRATOR —RECOMMENDATION OF BOARD C07kIDIITTEE I _L,WPRON-E THER I SIGNATURE(S): ACTIO\ OF BO. O\ LVCprQ,6 c-7 O APPROED AS RECO:kDIENDED OTHER "OTFiCS1=UNANIMOUS ( ,/� L��t�r 077- I hereb��certify that this is a true and correct i 'OCS IAB��\T ) - AYES: NOES: copy of an action taken and entered on the � ABSENT: ABSTAIN: minutes of the Board of Supervisors on the i date shown. ATTESTED: Contact: T.3iz x31__Sv1 Bz.d\a Dax:62:1670iScr:2a2ter'_`.2",--1 JOHN CULLEN. Clerk of the Board of ' cc: Supervisors and Count-Administrator Cu[ren[PL-r.:i-2_Ces =:t_ T—Ozto`_zr_s _ I BciiinE-Car-on Ro-z'_.Sda S..Rar-:l.CA >—___ Bv . Deputy ,-:n 3- :Cs'-u la R'L3:e.CA 91_3_ P.t�.-Rese E.R'.:as i I I I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA :adopted this Resolution on October 10. 2006 by the following rote: AYES: lilkema. Piepho. DeSanlnier.Glover and Gioia NOES: None ABSENT: None- -- ABSTAIN: None t I RESOLUTION NO. 2006/ �f1 SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-IVa}' Landscaping)for Subdivision 03-08'14,for project being developed by Windemere BLC Land Company-. LLC. San Ramon(Dougherty Vallee) area. (District III) I i I The Public Works Director Navin,recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) I between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 03-08-14. in the San Ramon (Dougherty Valley) area, through December 9. 2008; ♦ APPROXBIATE PERCENTAGE OF WORK COMPLETE: 100% � ♦ ANTICIPATED DATE OF COMPLETION: September 2007 j o REASON FOR EXTENSION: Completion of warranty period � IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I L3-Z I here Off° cenifv that this is a true and Correct copy of an action taken Originator: P_'-;i; ;-ESi and entered on the minutes of the Board of Supervisors On the date Contact: T.R`e;=^'•-'_ - ____ sho.N:1. cc: -=c;_r -c :__.a : ATTESTED: � 7/ /4v �C ems- r.-'c-_e•.:e-rt ,_ ' i ?OH\ CtiLLE\, Clerk of ire Board of Supervisor and Count Administrator Sar 9-'S_ S�F,._a'1-. rce Corn_..___y-Is:c- 33_\.3r=:3 Sete[ _� By , DepliLV A:m:3�_.a H.Rnas I RESOLUTION NO.2006._ I � CONTRA COSTA COUNTY SUBDIVISION- (RIGHT-OF-WAY LANDSCAPING) AGREEMENT EXTE\SIO\ Development Number: SD 03-08714 I i Developer: Windemere BLC Land Company-.LLC Original Agreement Date: December 9.2003 i Second Extension New Termination Date: December 9. 2008 Improvement Security � I j I Surety•: Safeco Insurance Company of America Bond No. (Date): 623 167 0 (September 25.2003) j Security-Tvpe Security'amount Cash: S 1.500.00 (1% cash. 51,000 Min.) Bond Rider: S 22.515.00 (Performance) I S 75.800.00 (Labor& Material) i The Developer and the Su-et,,-desire this agreement to be extended through the above date:and Contra Costa Cou ty and said Surety_°hereby aeree thereto and acknoxvledJe satrc. Dated: _ Dated: -August 22, 2005 I 9//9 0'6 See Attached Signature Bloc'_ FOR CONTRA COSTA COL7TT Developer's Signature(s) Mauncel I. S , Pu Works Director Bv: Printed Developer's Signature(s) RECOMMENDED FO RRO -kL: Bv: -b Printed (Engineerin2 S -ices tris n) I i Address Safeco Insurance Co-wane o" -America (VOTE: Developer's, Surety's and Financial Surew or Financial Institution ; Institution's Signatures must be Votarized.) 330 N. Brand Blvd. , Suite 1000 Glendale, CA 91203 F_,�,_srR -_. __ __.,_ I Address Aper.-lvvroval Return to Clerk of the Board Attomev in Facts Signature I Rosa E. Rivas Printed I I l i I I I Bond No. 6231670(Subdivision Agreement ROW Landscaping) ' I i WI1DEIMERE BLC LAND COMPANY, LLC,a California limited liability eompan-, i By: LEN-OBS WItiDEMERE, LLC.. a Delaware limited I liability company. its Managing Member By: LE\BAR HOMES OF CALIFORNIIA.I\C.. a California I corporation. its Managing Member i By: Brian G. Olin. Vice-President j I By: i Erik S. Brown,Asst. Secretary I I I I I I I I i I I I I I � f I I CALIFORNIA ALL-PURPOSE aCICNOWLEGE-MENT State of California Count-of j On—AW- JG, 7�00� before me. �/� .\otary Public. / QQ personally appeared /J//C{/h El. Glut �fi/%�G ��✓r�- Xersonally known to me proved to me on the basis of satisfactory evidence I to be the personas)whose name(s)is•are i subscribed to the within instrument and acknowledeed to me that hetes ethey i executed the same in tertheir authorized capacit%fies),and that be kis-her their @Il1F1 ELLEtd 6lfiHOP sienature(s)on the instrument the person(s), I Commtaalen# ib)0361 or the entity upon behalf of which the i e Plotary Pubde-COIBontla _ person(s)acted.executed the instrument. Contra Costa County My Comm.EwpS®aPl�y26,201 AGI SS m;�/h�t and official seal. I OPTIONAL I Thtc_h the information belo«is not required b} jaw.i,mai prove valaable to person_relvi-te on the document and could p-ewnt fraudulent removal and reattachment of this form to another document- I Description of attached Document Title or Type of Document: j Document Date: Number of Pa?es: I i Signer(s)Other Than Famed Above: � I I Capacity(ies)Claimed by Signer i Sinner's tame: i - Individual i - Corporate Officer—Titleis Y - Panne:- Limi,ed General I I — Anomex-in-Fact - Trasree - Guardian or Conservator - Othor: Sinner i;Representing: I i i ACKNOWLEDGEMENT State of California County of Orange I On au2ust__ ,__!'_-;6 before me_. J. Barra?an.Sc.€an•Public (here insert rame 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,hey executed the same in hishertheir authorized capacity(ies). and that by hishertheir. signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s)acted. executed the instrument. J. MRRAGM WITNESS my hand and official seal. Commission+ 165128 -m tJotary Public-California Signature -- •. Orange County MyComm.Expires Jan 5.2010 r (Seal) OPTIONAL Though the data below is not required by lay. it may prove va!uable 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 I TITLE OR TYPE OF DOCUMENT TILE S PARTNER(S) LIMITED I GENERAL _g ATTORNEY-IN-FACT TRUSTEE(S) _ GUARDIANCONSERVATOR NUMBER OF PAGES J OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSONS-CR E.TITY"_IES. SIGNER(S)OTHER THAN NAMED ABOVE S-=--E-GE __ FRP I i i o � POWER Safeco Insurance Companies l OF ATTORNEY PO Box 34526 1 Seattle.WA 56124-1526 No. 9675 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***'*"'**-RHONDA C.ABEL:JERI APODACA:ALEXIS H.BRYAN:LINDA ENRIGHT.JANE KEPNER:NANETTE NLARIELLA-NIYERS.MIKE PARIZI\O: GRACE REZA.ROSA E.RIVAS:J-A\1ES A-SCFIALLER.ASHLEY K WARD_limn_Califon::a""**"`*"•••.:.:..*.**«.:.*.:...*.***:.._..+.****.**r I its We and lawful attomey(s)-in-fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents A this 'nd day of June STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS/.PRESIDENT,SURETY CERTIFICATE Extract from the By-Lays of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V.Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President.the Secretary.and any Assistant`!ice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal. or a facsimile thereof. may be impressed or affixed or in any ether manner reproduced: provided. however,that the seal shall not be necessary to the validity of any such instrument or undertaking. Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28.1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. I (i) The provisions of Article V.Section 13 of the 6y-Laws.and (ii) A copy of the power-of-attorney appointment.executed pursuant thereto.and (iii) Certifying that said power-of-attomey appointment is in full force and effect. the signature of the certifying officer may be by facsim;le.and the seal of the Company may be a facsimile thereof." I I, Stephanie Daley-lVatscn, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do I hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations.and of a Power of Attorney issued pursuant thereto.are true and correct.and that both the By-Laws,the Resolution and the Power of Attorney are sti:l in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation i i ;his 22nd day of August 2006 I i �W� OQGf Cc5am lip QMp,�` SEAL " y SEAL 1C 1s21-,.a�� iJ `�Of Ni �0( C�ry STEPHANIE DALEY-WATSON,SECRETARY _ I S 0974€DS 4-05 - Safeco and J e Safeco bac are rea'slerec trademarks of Safeco Co•pora@on = .E6 PDF I I