HomeMy WebLinkAboutMINUTES - 10102006 - C.5 i
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TO: BOARD OF SLTER�`ISORS = - Contra
FROM: MALRICE M. SHIU. PUBLIC WORKS DIRECTOR Costa
DATE: October 10, 2006 County
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SUBJECT: Approving the Third Extension of the Road Improvement Agreement for Road Acceptance 00-
01113 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC
Land Company LLC, San Ramon (Dougherty-Valley) area. (District III)
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S:EC::ICR__Q� STrSORRECOMNJE\DAT.O\S.;a3-tCiCv30�:\D-A\DJCST:FIC--.T:ON
RECOMME\DATION(S):
ADOPT Resolution No. X006 to for Road Acceptance 00-0113 (cross-reference Subdivision 95-0'90.6),
approving the Third Extension of the Road Improvement Agreement, for project being developed by Wmdemere
BLC Land Company, LLC, San Ramon (Dougherty-Valle) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMME\DATIO\(S):
The developer has not completed the warranty period and the Road Improvement Agreement has expired.
CONSEOtiE\CES OF NEGATIVE ACTIO\: I
The Road Improvement Agreement guaranteeing completion of the improvements will not be renewed.
Continued on Attachment:. SIGNATURE: �/F✓l
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t-(ECOMNIE\DATIO\OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
/aPPROVE OTHER
SIG\ATURE(Sl:
ACTION OF B to
ON O yY O APPROVED AS RECOMME\DED OTHER
V7OF SL P�R�"ISORS I hereby-certif}-that this is a true and correct
✓ L"\AMMOt:S(ABSENT /610W-e— ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the I
ABSENT: ABSTAIN: date shorn. i
LB:'z I
G Eras:l3O' ;r. 3443.1::_3 Lac
Originator. (ESI ATTESTED: Vz�6C-7e /aj.'�A0z i
CGntact: T.Rte{3:'•-,_s_, TOH\CLLLEX. Clerk of the Board of
B_ \-3D_;:!1i===S_Se51Au-s::a,
Supervisors and County Administrator
...__Aar.3LC Lana
61'1 3a :___:Can;=-RQad.Sitz_ By Depute.
San R__=-..CA 5a51=
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The C..,ran::
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 10. '006 by the following rote: �
AYES: Lilketna.Piepho.DeSaulnier. Glmer and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006;
SUBJECT: Approving the Third Extension of the Road Improvement Agreement for Road
Acceptance 00-01113) (cross-reference Subdivision 95-0..976). for project being i
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 third �
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 i
00-01113 (cross-reference Subdivision 95-0'9.6), in the San Ramon (Dougherty Valley) area.
through September 11, ?OOS;
o APPRON-TM ATE PERCENTAGE OF WORK COMPLETE: 100% i
o :ANTICIPATED DATE OF COMPLETION: December2006
o
REASON FOR EYTE\SIO\: Completion of,,arranty period
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director �
is APPROVED.
L3:: I:".erebv certi&that this is a toe and correct copy-of an action taken
G->_::_ e==.-M: -:_as,,,-I I:.so-I:.= = and entered on the minutes of the Board of Supervisors on the date
Originator: ?__::=`. ars,icer sho-an.
Contact-. T.Re
ATTESTED: �Of a��
cc: P_--::; :=n:_- JOHN CULLEN', Clerk of the Board of Supemsors and Count-
Administrator
..,.,tete-._BLC Lan_Ccr_a11 .:1C
.::=I 3o::arcr Can--aa Roz'_.Su----
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Deputy
A:r:3re.ca DicF�ar.
RESOLUTION NO.2006!
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CONTRA COSTA COUNTY
ROAD IMPROVEMENT AGREEMENT EXTENSION
Development number: RA 00-01113(cross-reference SD 95-07976)
Developer: NVindemere BLC Land Company,LLC
Original Agreement Date: September 11,2001
Third Extension New Termination Date: September 11,2008
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Improvement Security
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Surety: The American Insurance Company
Bond No.(Date): 11133583465(August 14,2001)
Security Tvpe Security Amount
Cash: $20,900.00(1% cash,$1,000 Min.)
Bond Rider: $310,400.00 (Performance)
$ 1,045,000.00(Labor&Material)
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The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby agreelhereT and acknowledge same.
Dated: Dated: September 1, 2006
i;indemere BLC Land Company, LLC
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Maurice�le . Shiu,Public Works Director
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See attached signature block
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By: r A Printed
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Developer's Signature(s)
RECO.v&ME\'DED OVAL: ,
By: Printed
(Engin en c s Division)
Address
The nerican Insurance C — any
(NOTE. Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be!Notarized.) ---
I San _-%Ia..rir_ Drive; S--13, Novato, CA 94998
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M.MN M,kc> Vp j WeL .Ca yzamd Address
,/nom I
Atter Approval Return to Clerk of the Board
Attorney in Facts Si attire
Brenda J. Dickson Date: August 31, 2006
Printed
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Bond No. 11133583465(Road Improvement Agreement Extension)
WINDEMERE BLC LAND C01VIPA\Y,LLC,a California
limited liability company
Bv: LEX-OBS WI\DEMERE. LLC.. a Delaware limited
liability company. its Managing Member
Bv: LEN\AR HOMES OF CALIFORNIA. INC.. a California
corporation. its Managing Member
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By:
Brian G. Olin_.Vice-President
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By: Gam!/ I
Erik S. Brown.Asst. Secretan I
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CALIFORNIA ALL-PURPOSE ACK\OWLEGEMENT
State of California
Count- of (,4/(1 9 1� u
O / before me. � f� /f� .tetan Public.
personally appeared
kpersonally known to me
proved to me on the basis of satisfactop
evidence
to be the persons) chose name(s)irare
subscribed to the within instrument and
acknowledEied to me that he-soh-, they i
executed the same in his Hertheir authorized
capacitn(ies).and that b,, his4iff their
sionature(s)on the instrument the person s)
or the entit% upon behalf of which the
ron d 'Chi 0101090561 person(s)acted.executed the instrument.
$
�r PIS-C=W tb S
coma easm C=+b WITH SS. and and official seal.
AhyCcmet.s3�.,aE�Y26.361 � � :
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OPTIONAL
Though the information below is rot required b}la%N:it mav probe valuable to persons re'%ing on the docament and.ould prevent
fraudulent remora!and reanachmert of this fjnn to another dacument
Description of Attached Document
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Title or Type of Document:
Document Date:_ Number of Pales:
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Signer(s)Other Than Named Above:
Capacitv(ies)Claimed by Signer
Signers Name:
Individua!
CorporateOficer-Titlets):
Partnur- Limited General
uo-n-_r-in-Fac:
T ..�.ee
Guardian or Conservator i
Other:
Signer is Representing:
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California OPTIONAL SECTION'
1`'Jarin
Gunty of CAPACITY CLAIMED BY SIGNER �
On 3/31/2006 befcreme, Kristin A. Gazzoli Though statute does not require the Notary to fill i
DATE NAME,TITLE OF OFFICER E-G..-:ANE DOE.KOTARY PUBLI X, is the data below,doing so may prove Invaluable
Brenda j. Dickson to persons relying on the document.
persona:ly appeared
NA.ME(S)OF S13NER(S) - ❑ INDIVIDUAL
XIX personalty known to me-OR-C❑ provided to me cn the basis o`satisfactory evidence to C ❑ CORPORATE OFFICER(S) i
be the person(y)w:riose name(s):slate subscribed TITLE(s)
:o the within instrument and acknowledged to
me that 1)e'shJCtioy executed the same in J ❑ PARTNER(S) - ❑ LIM]TED
�t� KRISTIN A.GAZZOLI 1 Vs,'erithor authorized capacityfie4,and that by ❑ ❑ GENERAL
f' CG':.". §'AS61 19 % tys:hentF�r signatcre(4 on she instrument the � E3 ATTORNEY-IN-FACT -
-AP„ py -A_,C9NIA � xrson(yj or the entay upon behalf of which the r 13 TRUSTEE(S)
< t�„v 1_cry 0 person(,o acted executed the ins-rumens.
� ❑ GUARDWN:CONSERVATOR
My Cc-s E¢fes A= 129,2*3 1 7 11 OTHER:
V1TN S yhan' d tcials�l,
SIGNER IS REPRESENTING: i
:/ SiGNA OT: (NAME OF PERSON(S)OR E,\T17Y(=ES))
:13 acknowledged to me drat such corporation executed the ithin instriment PLT t to its by-laws
or a resolution of;s Board of D tumors.
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OPTIONAL SECTION
THIS CERTTICATE MUST BE ATTACHED Title or Type of Document ill 3 3$'$ 3y(o j
TO THE DOCUMENT AT RIGHT. Number of Pages
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Though the ad)acen:data is not required by law,it may prove valuable Date of Dccumen[ r<�31 cb
to persons rehring on the document and could?sevens fraudulent Signer(s)Other Than Named Above
re-anacbmen:of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort 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 INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
IH. SIGNATURES FOR PARTNERSHIPS-Signing pary must be either a general partner or be authorized in writing to have the
authority to sign for and bind the parmership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUT 1. (a)The Chair of the Board
(b)The President
(c)Any Vice-President
GROUP 2. (a)The Secretary
(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 copy of a resolution of the Board
of Directors authorizing the getson signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized will suffice.
Notarization of only one co-.porate signature or signatures from only one group,rrust 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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FIRBAIAN'S FUND INSURANCE CORiPANY I
NNTIONAL SURETY CORPORATION ASSOCIATED INDEhiNM CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOUOBILE INSURANCE CORiPANy
GENERAL PORTER OF ATTORNEY
KNOW ALL MEN BY THESE PRESFA\TS: That FIREMAN"S FUND INSURANCE COMPANY, a California 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
Brenda J. Dickson o= Novato , CCA
their true and lawful Attomcy(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,recognizaaces or other written obligations in the nature thereof
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and to bind the Companies thereby as fatly and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the
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 I
in full force and effect
This power of attorney is signed and scaled under the authority of the following Resolution adopted by the Board of Directors of each of the
Companies at a meeting duly calf and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been ameaded
or repealed:-
"RESOLVED,
epealed:"RESOLVED,that the signature of any Vice-President,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,
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 seal shall be valid and binding upon the Companies."
IN WITNESS VYWEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereuato j
affixed this 15 day of x n r; I- 2 Op 2
co •�E�arr c+'�`'FG "��'+; c4 a FIRE.NLAYS FUND INS CE COMPANY
, 4 pa Y.,.••••,°.,` +F •"ti �a �• o �,.•--1 NATIONALS CORPORATION
=t: THE AMERICAN'IN
CE COMPANY
+ _5lSEA L:$c
ASSOCIATED IND CORPORATION
bry t �tN�coli. 64*rCE��c AMERICAN VTOMOBIIS ITv� SCE COMPANY
as _
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STATE OF CALIFORNIA t SS. By VV+ I
COUNTY OF MARIN f vico-Ptesi
Oathis 15 day of April 2002 ,before meperonally 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 knows the seals of the said Companies;that the seals 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 like order.
IN WITNESS NVFHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written.
r KRISTIN A GAZZOU
COMM.6126V36 ti
fd ti N6TW..YM PU9:.(eW�oRNEI T
` MY Comm.EzWRs AAAI 29,2004 J `
STATE OF CALIFORNIA SS. CERTIFICATE
COUNTY OF MARIN I
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 VII 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 31st day of Aagast 2006
• . e � +Bew L � � //K
� •..«...• +YeeN tecE� ResidentAssisuniSOrtWty
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