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Home My WebLink AboutMINUTES - 10172006 - C.9 C - . sl L Contra TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR Costa DATE: October 17, 2006 SrA �oiK County SUBJECT: Approving the Second Extension of the Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 03-08717,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/ 4iV*44 for Subdivision 03-08717, 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 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. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)guaranteeing completion of the improvements will not be renewed. kzt� �' 11Continued on Attachment: ✓ SIGNATURE: _ ECONIMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE !/APPROVE OTHER SIGNATURES ACTION OF BOXRO ON o s' APPROVED AS RECOMMENDED OTHER vOT,E of SUPE ISORS �� 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:vz G:\EngSvc\BO\2006\10-17\SD 03-8717 BO-1 Ldoc �— ATTESTED: Originator: Public Works(ES) � Contact: T.Ric(313-2363) JOHN CULLEN, Clerk of the Board of Bond No/Date:104125123(September 24,2003) Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development T—October 9,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 By , Deputy San Ramon,CA 94583 . Atm:Brian Olin Travelers Casualty and Surety Company of America 9325 Sky Park Court,Suite 230 San Diego,CA 92123 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, DeSaalnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ 04V SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 03-08717,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 Subdivision Agreement (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 03-08717, in the San Ramon (Dougherty Valley) area, through December 9, 2008; o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% o ANTICIPATED DATE OF COMPLETION: October 2007 oREASON FOR EXTENSION: Replace sod and complete 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 03-8717 BO-1 Ldoc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact:. T.512(313-2363) �`� Bond No/Date:104125123(September 24,2003) ATTESTED; G G� A� ic cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Conmrulity Development T—October 9,2008 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Atm:Brian Olin By , Deputy Travelers Casualty and Surety Company of America 9325 Sky Park Court,Suite 230 San Diego,CA 92123 Attn:Jane Kepner RESOLUTION NO.2006/ Y 6 O o CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPING) AGREEMENT EXTENSION Development Number: SD 03-08717 Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 9, 2003 Second Extension New Termination Date: December 9,2008 Improvement Security Surety: Travelers Casualty & Surety Company of America Bond No. (Date): 104 125123 (September 24,2003) Security Type Security Amount Cash: $ 5,900.00 (1% cash,$1,000 Min.) Bond: $ 583,900.00 (Performance) $294,900.00 (Labor & Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby ae therf to and acknowledge same. Dated: �20? 96 Dated: August 16, 2006 R CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. bii Publi Wor s Director By: Printed Developer's Signature(s) RECOMMENDED FO AP AL: By: Printed (Engineerig 'e ices, ivision) Address Travelers Casualty and Surety Company of (NOTE: Developer's, Surety's and Financial Surety or Financial Institution America Institution's Signatures must be Notarized.) 9325 Sky Park Court, Suite 230 San Diego, CA 92123 FORM APPROVED:Vi.J.Wa CO.Iy C.W W Address After Approval Repan to Clerk of the Board Attorney in Facts Signature Jane Kepner Printed 0 0 Bond No. 104125123 (Subdivision Right-of-Way Landscaping Agreement Extension) WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE, LLC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC., a California corporation, its Managing Member By: Brian G. Olin,Vice-President By: GZ✓6 �/ Erik S. Brown,Asst. Secretary a o State of California County of ��ra /�.,-,1,,, (A ss. On before me, e�-lN � /GGUU��G, Date / /, NameandTi a of 011e e.g.,"Jane Doe,Nota ublic'") personally appeared YI�I y D w'' aww L n c• , Name(s)of Signer($) V❑personally known to me 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 acknowledged to me that heish, hey executed the same in WsMr/their authorized capacity(ies), and that by -Is•I /their RUTH EVEN BISHOP signature(s) on the instrument the person(s), or Coffin 0 1670361 the entity upon behalf of which the person(s) No4ay PullOc-Catlfomla _ acted, executed the instrument. Contro Costo CounlY pAyCafron.E> esMaY26 201 WIT S� my h and official seal. -0&6x Signature of Not Public 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 Top o1 thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On August 16, 2006 before me, T. England, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Jane Kepner NAMES)OF SIGNER(S) ® 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon T. ENGLAND behalf of which the person(s) acted, executed the instrument. Commission# 1657153 @MY Notary Public-California Orange County WITNESS m Comm.Expires Apr 9,2010 y NATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable 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 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GE 2/98 ®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP WARNI HIS POWER OF ATTORNEY IS INVALID WITHOUT THE ORDER ST PAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 213962 Certificate No. 000130312 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duty organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under(he laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint James A. Schaller,Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella-Myers, Rhonda C. Abel, Stanley C. Lynn, Jane Kepner, Grace Reza, and Rosa E. Rivas of the City of Irvine ,State of California ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or peer mitteetpin aan ac[tons or-proceedings allowed by law. N v �p � vl tti �T \C��"j 2nd IN WITNESS WHEREOF,the Companies have caused this instrument,to be signed=and Veit,corporate seals to be hereto affixed,this day of February 2006 ;v , N,, c Farmington Casualty Compapy t �� {v" St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company, 6 M N J IMS IFF 4 GISU.� StNirrJ. �F\0.E F0. 13.` '+'~-�,h,, • ,VP 0"0* .to0.V; n�.1S : LA� ft � rnP State of Connecticut By: City of Hartford ss. Gorge W ompson,Sed r Vic President On this the 2nd day of February 2006 before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers - Casualty and SuretyCompany,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. W7 w" 1. • ��V'1�• ^-M My Commission expires the 30th day of June,2006. AUBL\G {} Marie C.Tetreault,Notary Public 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNI IS POWER OF ATTORNEY IS INVALID WITHOUTTHE ORDER • .. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman;any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his of her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice 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 Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-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 on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Sureety�Company.of�America;+and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power-0,ttomey-executed by sta Companies,which is in full force and effect and has not been revoked. ' IN TESTIMONY WHEREOF,I have hereunto set my hand andaffixed the•s"eals of sai&Companies this Loth day of August ,206 Kori M.JohansA3,JAssistant Secretary O}S'JgfT �� 5usrrf. 00, ®R/ L ApaN �AltgdF To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER