HomeMy WebLinkAboutMINUTES - 10102006 - C.4 TO: BOARD OF SLPERVISORS ` � Con ra
FROM: MAURICE M. SHIU. PUBLIC WORKS DIRECTOR :���—_�'s!- Costa
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DATE: October 10. -7006 �` -`c6County
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SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Drainage
Acceptance 00-00005 (cross-reference Subdivision 95-07976). for project being developed by
Windemere BLC Land Company. LLC, San Ramon (Dougherty Valley area. (District III)
SPECI::C REQU ESTiSi OR RECOMME\D_1TIONiS:&BaCKUGROC\D AND I'_j-li:CANON
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RECONINIE\DaTIO\(S):
ADOPT Resolution\o. ?006 °2 for Drainage Acceptance 00-00005, (cross-reference Subdivision 95-079'6),
approving the Second Extension of the Drainage Improvement Agreement. for project being developed by
Windemere BLC Land Company. LLC. San Ramon(Dougherty Valley) area. (District III) �
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FISCAL IMPACT:
None.
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BACKGROUND/REASON(S) FOR RECOMAIE\DATIO\(S):
The developer has not completed the warranty period and the Drainage Improvement Agreement has expired.
CONSEQUENCES OF NEGATIVE ACTIO\:
The Drainage Improvement agreement guaranteeing completion of the improvements will not be renewed. i
Continued on attachment: ✓ SIGNATURE:
ECONINIE\DATIO\OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
.�XPPROVE OTHER I
r
SIGNATURE(S): I
ACTION OF BO- R O\ D APPROVED AS RECOMMENDED OTHER
VDy�'OF SUPERVISORS I hereby certify-that this is a true and correct
✓✓ U-NANIMOUS(ABSENT Oriy > copy of an action taken and entered on the '
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
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ATTESTED: (V0/,0&7-��
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Origina[e ?r5:c'.:arks[=51
conmaa: T-R:e:3:1-_6_; JOHN CULLE\. Clerk of the Board of
3_1u_4\c Dz:e
Supervisors and County Administrator
C_—=.:'?:�._...... C0r.: De-"-'=Ix '
..,=.zrne:e BLC LLC I
@1-:B_::i- r C „R�_a. By_ , Deputy
San R_xz_.C A >._-_
The Aee=ean 1:i-.z.nee Ce:man
SM1
a-3-er
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 10. 2006 by the following rote:
A1'ES: Uilkema.Piepho. DeSaulnier. Glo.er and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
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RESOLtiTION NO. 2006;
SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for �
Drainage Acceptance 00-00005 (cross-reference Subdivision 95-0-9-6).for project
being Lveloped by Windem,:re BLC Land Company-.LLC. San Ramon(Dougherty
Valley) area. (District III) I
The Public Corks Director hax-ing recommended that he be authorized to execute the second
agreement extension which extends the Drainage Improvement Agreement between Windemere BLC
Land Coripany. LLC and the County for construction of certain improvements in Drainage
Acceptance 00-00006 (cross-reference Subdivision 96-01 9-6),in the San Ramon(Dougherty Valle_:)
area. through Januar- 1 5. 2008:
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o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100°o
ANTICIPATED DATE OF COMPLETION: November 2006
e REASON FOR EXTE\SION: Final -,valkthrough and maintenance period have not been
completed.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
L3-a I hereby certify that this is a true and correct copy of an action taken I
and entered on the minutes of the Board of Supe-visors on the date j
Originator: .-_ac`::-.ra tESi shown.
Contact: T.Rie 13:
::.i3s335=;D_ :9. I
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ATTESTED:
c.: P`:�Z_W'f_'=-c�-======_'_ JOHN CL-L.LE\". Clerk- of the Board of Supervisors and Count}-
.:.:2 .=._ �:_.Lai::..• :I:_'-'.::2.'t�:2'i
Administrator
-.'i^.=2m.e&=C Lan-Cor:¢a-_: LLC
6122:3--.:i-:2:Cx .=a R_ad-C_is
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By �� ,Depute -
-_ CA
I.D
RESOLUTION NO.2006: 1� i
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CONTRA COSTA COUNTY
DRAINAGE IMPROVEMENT AGREEMENT EXTENSION '
Development Number: DA 00-00005(cross-reference SD 95-07976)
Developer: Windemere BLC Land Company,LLC
Original Agreement Date: January 15,2002
Second Extension New Termination Date: January 15,2008 i
Improvement Security
iSurety: The American Insurance Company
Bond's o.(Date): 11133599354 (December 19,2001) I
Security Tvne Securitv Amount
Cash: S 110,800.00(1% cash,S1,000 Min.)
Bond Rider: $ 160,230.00(Performance)
S 539,500.00(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 theretp and acknowledge same. ,/
Dated: Dated: Afc_ as4- 02--f 2aUL I
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FOR CONTRA COSTA COUNITY Developer's Signature(s)
Maurice M. Shiu,Public Works Director 1 1
0I R LOZ ac
B • Printed U I
60eL PW" v5 v�2 /04ocl,
Developer's Signature(s)
RECOMMENDED F OVAL:
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By: Printed
(Engineering a "CA Division)
Address
'ane Anerican Insurance Cor.na-tV
(NOTE. Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 7 i7 San `•:arias Drive, !"13 C88
Novato, California 0-4990
FC0. .OPROVED Vi=j www .QuyCa
Address
After Approval B tarn to Clerk of the Board
Attorney in Facts SiAkature
Brenda J. Dickson Date: August 1-i, 2006
Printed Attorney—in-Fact
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Bond No. 1113359935;(Drainage Improvement Agreement DA 00-00005)
WI\DEMERE BLC LAND COMPANY, LLC,a California
limited liability company
Bv: LEN-013S WI\DEM- ERE. LLC..a Delaware limited
liabilit%-company. its Managing Member
Bv: LE\-\AR HOMES OF CALIFORNIA. INC..a California
corporation. its Managing Member
By: , G
Brian G. Olin,Vice-President
Bv: X1/1
Erik S. Brown_. asst. Sccretary
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CALUFORNBA ALL-PURPOSE ACKHOWLfEDQAMEMY
Sate o=Cali`ornia fes,
Coun-y of
h On beforere. /G�l11 —��ff; Tu6l C
(roerscnally appearea B��q. l/ - Lr�G .f. �ldy✓/'` =�i
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h ;�_oe•sorally known:o •ne
rr - Droved to rre on :he basis of sa?isfactory T
Z eviderce
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tc be the pe•sonlsl .chose narre;_s; as-are
subscr bed to the erithir irs:•iment and
ackno::-ecged to me tna;._ rtney execited
the same n —h&he:heir authorized h
capac ty esf. arc :hat by s I `he-
81liil EUEPd s gnatr.re. ' on the IrStrun:ent the pe _s . or r
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_ p lg7pg81 the entdv JOOn beha f of which :ne perscr.�_s! r
8g R"ACary l -C acted. executed:he instrumert.
�S 4 Cot�ro Cada Couf�7y —
<'= 11�Ccmrn• tL1�r26�1 WITNE m hardarc official seal.
OPTIONAL
Description of Attached Document
i
Tit'e or Type of Documer?:
Docjrt:ent Date: Numoe•cf Paaes:
Signers_:Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
r� t - •.
S — Individual = _
— Corporate O`fice•—Title s;:
r — Partner—= L m:-ed —General
— Attorney-ir--Fac:
- Trustee r
- Guard an or Conse^iator
rh = OEher: Z;
rS Signer Is Representing: ? I
2�= iec cs c�cirvrGcirtriit�siistit as
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California OPTIONAL SECTION
County of Mari-, CAPACITY CLAIMED BY SIGNER
On 8/17/2006 before me, Kristin A. Gazzoli Though statute does not require the Notary to fill
DATE NAVE,T_TLE OF OFFICER EG.-JA\c DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to
Brea-da :. Did xSon persons relying on the document.
personally appeared _
%A.ME(S,of SIGNER(S) 7: ❑ INDIVIDUAL
} personally known to me-OR-::❑ provided to me on the basis of satsfactcry evidence to — ❑ CORPORATE OFFICERS)
be the person(g)whose name(y)irate subscribed TITI.'s'.
to the within instrument and acknowledged:o
KRISTIN A.GAZZOLI me tha-hle.'sherthey executed the same in E ❑ PARTNER(S) D ❑ LIMITED
r, - t19 las:rer[1tEir au[ho:ized capacin(iy4),and that by ❑ GENERAL
y _ , s hris'.`.e:,"thEir stgnature(�'or.the irstrumen:the _ ❑ ATTORNEY-IN-FACT
---_`ti MMA O persor.(y)or the en:ivi upon behalf of which the
O TRUSTEE(S)
�=_ ` 1 Person(?)ached,exec ated the Inst:(una-I[. _ p GUARD:At^CONSERVATOR
_A=G:L 4-0 = ❑ OTHER:
V. ,hin:nstru
y ha. d Lal seal,
_ SIGNER IS REPRESENTING:
PTL'RE OF.}' Y 1 NAME OF PERSON'(S;OR EN:.TY(IES)i
in2�❑ acknowledged[ome that such carporar'on exec)[ent p oars by
or a.esolution of its Board of Directo s.
OPTIONAL SECTION Z�Sq '13Szf
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document naa2L Imp. Cine,;t fk;;,,t&4er,1(c:
TO THE DOCUMENT AT RIGHT. Numner of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document 8/17/04-
to
/17/04-
to persons relying on the document and could prevent fraud.1lent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NTOTARY
The following information is provided in an efort to expedite processing of the documents.
Signatures required on documents must comply with 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
must be signed exactly as it is typed or printed.
II. SIGNATURES FOR IN'DIVIDU'ALS-The name trust be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership. i
IV. SIGNIATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a The Chair of the Board
b The President
(c Any Vice-President j
GROUP 2. (a The Secretary
b�An Assistant Secretary
c)The Chief Financial Officer
(c)The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
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of Directors authorizing the person signing the irstiument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
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FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURME COMPANY AMERICAN AUTOMOBILE INSURANCE COhiPANY
GENERAL POWER OR ATT'ORN'EY
KNOW ALL hiEN BY THESE PRESENTS: That FIREhiA.N'S FUND INSURANCE COMPANY, a Califomia corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint
Br--nda 3. Dickson o= Novato , CA
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their tree and lawful Attorncy(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof
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and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate sats of the I
Companies and duly attested by the Companies'Secretary hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now
in full force and effect
This power of attomey is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the
Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended
or repealed: I
"RESOLVED,that the signature of any Vice-Presideat,Assistant Secretary,and Resident Assistant Secretary of the Companies,
and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, i
or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile sea[shall be valid and binding upon the Companies."
IN WITNESS WEEREOF,the Companies have caused these presents to be signed by their Vice-President;and their corporate seats to be hereunto
aftrzed this 15 day of April 7 n 0 2
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c�"'t`'s FGFIRE-1hfAN'S FUND WSUP CECOMPANY
y =`r 1••`� �oNATIONALS CORPORATION
a THE AMERICAN'INS CE COMPANY
7 EEPLiB:O . > 6EA L:$'c_ .?1. ' ASSOCIATED IND CORPORATION
by Na� s s�G4�Ec`E�CO�' cow AMERICAN' UTOMOBREE IIv' TCE COMPANY
STATE OF CALIFORNIA 1
COUNTY OF MARDI J SS. By Yioo-Prat
On this 15 day of April 2 0 0 2 ,before me personally e Harold .N_. Marsh
to me known,who,being by me duly sworn,did depose and say.that he is a Vice-President of each company,described in and which executed
the above instrument;that he[mows the seats of the said Companies;that the seats affixed to the said instrument are such company seals;that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by tike order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
KRISTIN A GAZZOU
rCOMM.#1262236 D
a b NOTARY PUSUC.C/LL.IFORMA y
Q MARIN COUNTY 0
Ary Comm.EWms ApN 29.2904 't
STATE OF CALIFORNIAlie
COUNTY OF MARIN SS. CERTIFICATE
L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in full force and has not been revoked;and furthermore that Article VI of the By-laws of each company,and the Resolution
of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin. Dated the day Of �
, I�EfEEl/f tµAtt`f fG � iYE f�
seriiwa EE � ,h/1
-N Q 4u•.••'• ` CE ` 'IECE C� dd9C.N F.aidmt Assistant SowWY