HomeMy WebLinkAboutMINUTES - 02272007 - C.13 a1 C
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TO:� BOARD OF SUPERVISORS ;•= � -= Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ° Costa
DATE: February 27, 2007 ��o _-�••cs`'���
srq court County
SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 00-
01102 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC
Land Company, LLC, Martinez area. (District III) .
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/ 90 for Road Acceptance 00-01102 (cross-reference Subdivision 95-07976),
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 improvements 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: 4--" SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
� APPROVE OTHER
r
SIGNATURE( _—
ACTION OF B A ON mss' e+'� APPROVED AS RECOMMENDED OTHER
v0�OF SUP VISORS 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.
TR:vz
G:\EngSvc\BO\2007\02-27\BO-11 RA 00-1102.doc
ATTESTED:
Originator: Public Works(ES)
Contact: T.Rie(313-2363) JOHN CULLEN, Clerk of Me Board of
Bond No/Date:11127507108(December 19,2001)
Supervisors and County Administrator
cc: Public Works—Construction
Current Planning,Community Development
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583 By , Deputy
Attn:Brian Olin
The American Insurance Company
777 San Marin Drive,SM3 C88
Novato,CA 94998
Attn:Brenda J.Dickson
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 27, 2007 by the following vote:
AYES: Gioia,Uilkeina, Bonilla;
Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2007/ �d
SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road
Acceptance 00-01102 (cross-reference Subdivision 95-07976), for project being
developed by Windemere BLC Land Company, LLC, Martinez 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
00-01102 (cross-reference Subdivision 95-07976), in the San Ramon (Dougherty Valley) area,
through January 15, 2009;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99%
♦ ANTICIPATED DATE OF COMPLETION: March 2007
♦ REASON FOR EXTENSION: punchlist items not completed and maintenance/warranty
period not complete.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED,
TR:vz I hereby certify that this is a true and correct copy of an action taken
GAEngSvc\B0\2007\02-27\BO-11 RA 00-1102.doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) shown.
Contact: T.Rie(313-2363)
Bond No/Date:11127507108(December 19,2001) akajy a �
ATTESTED:
cc: Public Works—Construction JOHN CULLEN, Clerk of thYBoard of Supervisors and County
Current Planning,Community Development
Windemere BLC Land Company,LLC Administrator
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin
The American Insurance Company By ,Deputy
777 San Marin Drive,SM3 C88
Novato,CA 94998
Attn:Brenda J.Dickson o
RESOLUTION NO.2007/ 9e
A
CONTRA COSTA COUNTY
ROAD IMPROVEMENT AGREEMENT EXTENSION
Development Number: RA 00-01102(cross-reference SD 95-07976)
Developer: Windemere BLC Land Company,LLC
Original Agreement Date: January 15,2002
Second Extension New Termination Date: January 15,2009
Improvement Security
Surety: The American Insurance Company
Bond No.(Date): 11127507108 (December 19,2001)
Security Type Security Amount
Cash: $ 132,900.00(1% cash,$1,000 Min.)
Bond Rider: $1,794,480.00(Performance)
$6,048,100.00(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 agre the to and acknowledge same.
Dated: `I� Dated:
See attached signature block
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Maurice
Shiu ublic Works Director
Windemere BLC Land Company, LLC
By. Printed
Developer's Signature(s)
RECOMMENDED FOR APPRO
By: Printed
(Engineering S)! i es i` )
Address
The American Insurance Company
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution Is Signatures must be Notarized.) 777 San Marin Drive — Surety SM3 C88
Novato, CA 9.4993
FORMAPMOven Viclor i wmiwe.coomyCom d Address
After Approval Return 10 C1erk of the Board
Attorney in Facts Si ature
Brenda J. Dickson Date: January 16, 2007
Printed
Bond No. 11127507108
RA 00-01102 (X-ref SUB 95-07976)
Road Improvement 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: =�2!7 G`�—%
Brian G. Olin,Vice-President
By:
Erik S. Brown, Asst. Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
1 ss.
County of
On VL t oq�rt>t (C1,�oo�- before me, / a4-cu R- mar-h✓zi-, tJ&4vw i �-
Datill Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared l cU'► G - d<<tj l_1uy_ S.Seow rl
Name(s)of Signer(s)
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
WKS 494he�they executed the same in hisihor/their
Camrrdplon#►1611.117 authorized capacity(ies), and that by *isft�er/their
Le Cwft�-C signature(s) on the instrument the person(s), or the
Costa COQ entity upon behalf of which the person(s) acted,
MYCarun'Exphes Oct 18'2009 executed the instrument.
WITNESS my hand and'official seal.
I
Place Notary Seal Above Dvc�1ae? ,
Sign Lure of Notary Pu i
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(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General wren M, ❑ Partner—❑ Limited ❑ General VLeW
6111941
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here
El Trustee ElTrustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of �61s,1,�r�--1/ ,A OPTIONAL SECTION
Countyof_f�,"j CAPACITY CLAIMED BY SIGNER
On �' 6 0�,before me, iC/G /7•'/ Though statute does not require the Notary to IDI
DATE NAME,TITLE OF OFFICER E.G.,'JANE DO NOTARY PUBLIC" in the data below,doing so may prove Invaluable to
` /19 . persons relying on the document.
personally appeared C7
NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL
❑personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ [3 CORPORATE OFFICER(S)
be the person(s)whose name(s)is/aw subscribed TITLE(S)
to the within instrument and acknowledged to
me thathe/she/tl ey executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED
his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL
ALICE M.RIYAS yerltheis signature(4 on the instrument the ❑ ❑ ATTORNEY-IN-FACT
R, Commission# 1631350 person(g)or the entity upon behalf of which the
Notary Public-California person(e)acted,executed the instrument. ❑ ❑ TRUSTEES)
> ❑ ❑ GUARDIAN/CONSERVATOR
Marin County13OTHER:
1VIy Comm.Expires Jan 1 b,2010r 1TNESS my hand and o Jcial seal, ❑
SIGNER IS REPRESENTING:
SIGNATURE OF NO R' (NAME OF PERSON(S)OR ENTITY(IES))
00 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 Q.�d"M Pie�1f.`H
TO THE;DOCUMENT AT RIGHT. Number of Pages X�� Ln-L)
:. .
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.
h. 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.
i
II SIGNATURES FOR INDIVIDUALS -The name trust be signed exactly as it is printed or typed. The sigher'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 ti .
�b The President
cAny Vice-President
GROUP 2 a The Secretary
An Assistant Secretary
tcj The Chief Financial Officer i
' d The Assistant Treasuier
i. 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 person signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,'notanzed,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.
•
.h.
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FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF AT'T'ORNEY
KNOW ALL MEN BY THESE PRESENTS: 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 INDEIvII= CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a.Missouri corporation,(herein collectively called"the Companies")does each hereby appoint
Brenda J. Dickson of Novato, CA
their true and lawful Attorney(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
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 seals of the
Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in,the poises.
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 attorney 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:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,
and the seat 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 WHEREOF,the Companies have caused these presents to be signed by their vice-President,and their corporate seals to be hereunto
affixed this 15 day of_ April 2009
��•�..`•:+.'•�[� FIREMANS FUND INS CE COMPANY
.�.•••••, °,� tom`F•~'"rk do o �0�! 1 NATIONALS CORPORATION
Q •. .€ '3 a.BEA L;s_ THE AMERICAN INS CE COMPANY
Z ASSOCIATED INDEMNrn CORPORATION
�b� �y �`'•.:,:::..•' t`kcE coy`` `RINCE•�y`< to ' AMERICAN UTOMOBMEINS CE COMPANY
STATE OF CALIFORNIA SS. By VI/►
COUNTY OF MARIN Via—presi
On this 15 day of April 2002 .before me personally c4me 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 VMWESS WHEREOF,I have hereunto set my hand and affixed my official seal,the,day and year herein first above written.
KRISTIN A GAZZOU36
COMM.012622
NOTARY PUSUGCAUFORNIA
MARIN COUNTY 0
My Cantu.Expires APrA 29,2004 '1
is
STATE OF CALIFORNIA SS. CERTIFICATE -.
COUNTY OF MARIN
I, 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 V1I 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 16th day of January 2007
LU
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