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HomeMy WebLinkAboutMINUTES - 10172006 - C.11 TO: BOARD OF SUPERVISORS =� = Contra ��!_ ti'••.off, FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa � ,oc DATE: October 17, 2006 SrA 66---- County SUBJECT: Approving the First Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 04-08776,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/ 6G,'r for Subdivision 04-08776,approving the First Extension of the Subdivision Agreement(Right-of-Way Landscaping),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 Subdivision Agreement(Right-of-Way Landscaping) has expired. The surety company providing improvement security has also changed. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be renewed. Continued on Attachment: SIGNATURE: _ _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE J�PPROVE OTHER SIGNATURE S ACTION OF AAID ON d G! APPROVED AS RECOMMENDED OTHER v0 OF SUP VISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT �v ) 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\I0-17\SD 04-8776 BO-1 Ldoc ,./may, Originator: Public Works(ES) ATTESTED: d`' o`er /�Aj7/jp Contact: T.Ric(373-2363) T T7 Bond No/Date:4410190(December 3,2004) JOHN C V LLEN, Clerk Of the Board Of cc: Public Works-Construction Supervisors and County Administrator Current Planning,Community Development T—July 13,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 By , Deputy . Atm:Brian Olin Quanta Indemnity Company,formerly National Farmers Union Standard One Financial Plaza,I&Floor Hartford,CT 06103 Atm:Jeri Apodaca THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 17, 2006 by the following vote: AYES: Uilkema,Piepho,DeSanlnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ iv SUBJECT: Approving the First Extension of the Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 04-08776,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 first agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 04-08776, in the San Ramon (Dougherty Valley) area, through September 13, 2008; o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% o ANTICIPATED DATE OF COMPLETION: Fall 2007 o REASON FOR EXTENSION: Completion of punch list items. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB,vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2006\10-17\SD 04-8776 BO-1 Ldoc 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:4410190(December 3,2004) ATTESTED: Ce /���,y y _'f�•� cc: PublicWorks—Construction JOHN CULLEN,, Clerk of the Board of Supervisors -and County Current Planning,Community Development T—July 13,2008 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road Suite 500 San Ramon,CA 94583 Attn:Brian Olin By ,Deputy Quanta Indemnity Company,formerly / National Farmers Union Standard One Financial Plaza,10"Floor Hartford,CT 06103 Attn:Jeri Apodaca ,r RESOLUTION NO.2006/ 'P4 0 CONTRA, COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPING) AGREEMENT EXTENSION Development Number: SD 04-08776 Developer: Windemere BLC Land Company,LLC Original Agreement Date: September 13,2005 First Extension New Termination Date: September 13,2008 Improvement Security Quanta Indemnity Company,formerly Surety: National Farmers Union Standard Insurance Company Bond No.(Date): 4410190(December 3,2004) Security Type Security Amount Cash: $1,720.00(1% cash,$1,000 Min.) Bond: $170,480.00(Performance) $86,100.00(Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: Dated: September 1, 2006 Windemere BLC Land Company, LLC FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. hiu, lic Works Di ector See attached signature block By: Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: Printed (Engineering Services Division) Address Quanta Indemnity Company, formerly National Farmers Union Standard Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) One Financial Plaza, 10th floor Hartford. CT 06103 FORMMMOVEO:Vicw1.WaI County Course Address Ager Approval Return to Clerk of the Board Atto yin acts Signatu e Jeri Apodaca, Attorney in fact Printed Bond No. 4410190(Subdivision Agreement Extension) WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE, LLC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, its Managing Member By: "�.-- Brian G. Olin,Vice-President By: 'e /d Erik S. Brown,Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California l County of C0 1} ss. OnU , i �O6 before me, ��� Notary Public, personally appeared DGtwh� •©bf� �� �' "' , )4ersonaIly known to me ❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)-isiare subscribed to the within instrument and acknowledged to me that heishe they executed the same in his+erttheir authorized capacity(ies),and that by f4s+er4heir RUTH EUPd SOP signature(s)on the instrument the person(s), _ C0MMl$ftn 0 IB»I or the entity upon behalf of which the WOUXV Pubbe-Caftift person(s)acted,executed the instrument. COMM costa cc=unty CWMRtay26,201 WII%�m�a(n'dofficialseal. 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—Tltle(s): Top of thumb hm ❑ Partner- Limited General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAL SECTION Countyof Orange CAPACITY CLAIMED BY SIGNER On 9/1/2006 before me, T. England Notary Public Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.."JANE DOE,NOTARY PUBLIC" In the data below,doing s0 may prove invaluable to personally appeared Jeri Apodaca persons relying on the document. NAME(S)OF SIGNER(S) ❑ p INDIVIDUAL 0❑ personally known to me-OR-0❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed TITLE(s) to the within instrument and acknowledged to me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LM41TED T. ENGLAND his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL Commission# 1657153 1 his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT § a Notary Public-California > person(s)or the entity upon behalf of which the p 13TRUSTEE(S) Orange County person(s)acted,executed the instrument. ❑ p GUARDIAN/CONSERVATOR My Comm.Expires Apr 9,2010 ❑ 13 OTHER: W E y hand and o tial se , re SIGNER IS REPRESENTING: SIGN�RE OF NOTARY (NAME OF PERSON(S)OR ENTITY(]ES)I ❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment 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. 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. IV. SIGNATURES 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 GROUP 2. Ja)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 theerson signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarizedp 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." QUANTA INDEMNITY COMPANY [formerly National Farmers Union Standard Insurance Company] New York City,New York 10020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company], a Colorado corporation,(hereinafter the"Company"),does hereby constitute and appoint: Jeri Apodaca of Irvine, California to be its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal sum not to exceed FIFTY MILLION AND 00/100 DOLLARS ($50,000,000.00)each, and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law, which By-law is now in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES,BONDS, ETC. Section 2. All bonds, undertakings,contracts, and other instruments, other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman,if any,or the President or a Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below, may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman, 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 Assistant Secretaries or attomeys- 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 upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company] has been affixed thereto in New York City,New York this 26`h day of March,2004. Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] By Walda Decreus,Assistant Secretary `r'gPo� •.P 2 2003 2 -, y STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this 26th day of March,2004,before me, a Notary Public,personally came WALDA DECREUS, to me known, and acknowledged that she is an Assistant Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company];that she knows the seal of said corporation; and that she executed the above Power of Attorney and affixed the corporate seal of Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] thereto with the authority and at the direction of said corporation. Z' / •G� • ? _� f/Jf Carol E.Cincola Notary Public-State of New York Notary Public No.01014759623 Qualified in Westchester County My Commission Expires June 30,2006 CERTIFICATE I,the undersigned, Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company], do hereby certify that the foregoing Power of Attorney is still in full force and effect, and further certify that Article XVIII, Sections 2 and 3 of the By-laws of the Company are now in force. IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this Is t day of Sep— tember 2006• By Martha G.11a nerman,Secretary �pF.MNITI- ti:'�zPO '•• C� 2003 :bb '•�GORI+9•`