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Home My WebLink AboutMINUTES - 10172006 - C.6 TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o trap. Costa ;s DATE: October 17, 2006 moo:- r- sr'1-ctiuzir� ~ County SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 02- 01142 (cross-reference Subdivision 00-08507), 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/ �O�O� for Road Acceptance 02-01142 (cross-reference Subdivision 00-08507), approving the Second Extension of the Road Improvement Agreement,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 warranty period and the Road Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: ✓ SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _✓PPROVE OTHER r SIGNATURE(S)A�' _:] ACTION OF B A ON G APPROVED AS RECOMMENDED V OTHER VO OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date Shown. LB:w G:\EngSvc\BO\2006\10-17\RA 02-1142 BO-1 I.doc ATTESTED: Originator: Public Works(ES) Contact: T.Ric(313-2363) JOHN CULLEN, Clerk of the Board of Bond No/Date:08641836(July 17,2003) Supervisors and County Administrator ca Public Works—Construction Current Planning,Community Development T—August 17,2006 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 By , Deputy San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 North Brand Blvd,Penthouse Suite Glendale,CA 91203 Atm:Jane Kepner THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 17, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 02-01142 (cross-reference Subdivision 00-08507), 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 second 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 02-01142 (cross-reference Subdivision 00-08507), in the San Ramon (Dougherty Valley) area, through October 14, 2008; o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% o ANTICIPATED DATE OF COMPLETION: February 2007 o REASON FOR EXTENSION: Completion of warranty period IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. LB:v I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2006\10-17\RA 02-1142 BO-1 Ldoc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(FS) shown. Contact: T.Ric(313-2363) Bond No/Date:08641836(July 17,2003) ��g`� �,1J6 ATTESTED: �� cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—August 17,2006 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By Deputy Fidelity and Deposit Company of Maryland 801 North Brand Blvd,Penthouse Suite Glendale,CA 91203 Attn:Jane Kepner RESOLUTION NO.2006/ �� f CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 02-01142(cross-reference SD 00-08507) Developer: Windemere BLC Land Company,LLC Original Agreement Date: October 14,2003 Second Extension New Termination Date: October 14,2068 Improvement Security Surety: Fidelity and Deposit Company of Maryland Bond No.(Date): 08641836(July 17,2003) Security Type Security Amount Cash: $64,500.00(1% cash,$1,000 Min.) Bond Rider: $957,825.00(Performance) $3,225,000.00(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 th�eto ano acknowledge same. Dated: A, 104 Dated: September 15, 2006 IV 1 "' Windemere BLC Land Company, LLC FOR CONTRA COSTA COUNTY Developer's Signature(s) v Maurice M. Shi , Pub 'c W rks Director See attached signature block By: Printed Developer's Signature(s) RECOMMENDED FOR APP VAL: By: Printed (Engineeri ern es)61viSion) 6121 Bollinger Canyon Rd., Suite 500 'r San Ramon, CA 94583 - Address Fidelity and Deposit Company of Maryland (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 801 North Brand Blvd., Penthouse Suite Glendale, CA 91203 FORM APPROVED:Vim 1,Ww Caw,Co Address After Approval Return to Clerk of the Board Attorney in Facts Signature Jane Kepner, Attorney in Fact Printed Bond No. 08641836 (Road Improvement Agreement Extension RA 02-01142) 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: .51�.-G *_� Brian G. Olin, Vice-President By: GSL✓(�/`,£�i0�2� Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California County of GA171 `0 ss. On(J�I // ZZj Zdod before me',_ ��Bh B/J Notary Public, personally appeared O��i� �. 0fV/�r��'8r personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)4s/are subscribed to the within instrument and acknowledged to me thatl�elshe/they executed the same in hisfhedtheir authorized capacity(ies),and that by34s4w/their MHUMBOMP signature(s)on the instrument the person(s), -Corambeft 0 1670901 or the entity upon behalf of which the mWaawy rug=-Cperson(s)acted, executed the instrument. Carina Caste CW* �rCat M 1�r28.20i WI S y d and official seal. 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—Title(s): Top of thumb here ❑ Partner- Limited General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT J State of California OPTIONAL SECTION Countyof QranQP CAPACITY CLAIMED BY SIGNER on 9/15/2006 ,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 so may prove invaluable to personally appeared Jane Kepner persons relying on the document. NAME(S)OF SIGNER(S) p ❑ INDIVIDUAL ❑IH personally known to me-OR-❑❑ 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) T. ENGLAND to the within instrument and acknowledged to me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED Commission#1657153 z his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL �® Notary Public -California �_ his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-iN-FACT 10.i: Otange �ZApr person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) My Comm.Expir010 person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS hand and official seal ❑ [3 OTHER: G SIGNER IS REPRESENTING: IGNATU P NOTARY (NAME OF PERSON(S)OR ENTITY(IES)) MF NOTARY ❑❑ 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. (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 ofthe Board of Directors authorizing the person 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 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." Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a dds by nominate,constitute and appoint Jane KEPNER,of Irvine,California, its true and lawful a tt in- make,execute,seal and deliver,for,and on its behalf as surety,and as its act and W6Pged ngs,and the execution of such bonds or undertakings in pursuan oson said Company,as fully and amply,to all intents and purposes,as if th Fx=eg, �i(1i y the regularly elected officers of the Company at its office in Ba e� r�e . This power of attorney revokes that issued on behalf of Jane Kep�j ov W 7 The said Assistant E c o t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of April, A.D.2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp UP0. 1Y� ; ,y O me v: / /✓,/'t/� l !r j By: I Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland1 ss: City of Baltimore f On this 26th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �.�✓r`y`.- 04.,Ptl:}b 1111111\\ Constance A.Dunn Notary Public My Commission Expires: July 14,2007 POA-F 012-5025A