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Home My WebLink AboutMINUTES - 02272007 - C.15 �Q C. 1 SE , TO: BOARD OF SUPERVISORS ,;•; _�. Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: February 27, 2007 County SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 03- 01149 (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): QQ ADOPT Resolution No. 2007/ /�- for Road Acceptance 03-01149 (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) c 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: SIGNATURE: �'�^'� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER SIGNATURES ACTION OF B A DON `t.rc�Y �O APPROVED AS RECOMMENDED OTHER voT.�of SU=N I hereby certify that this is a true and correct ✓ UNANIMOUS(ABSENT A/&c_) 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\60\2007\02-27\BO-11 RA 03-1149.doc Originator: Public Works(ES) ATTESTED: e-49 Contact: R.Rie(313-2363) JOHN CULLEN, Clerk of the Board of Bond No/Date:929285606(November 21,2003) Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development T—November 13,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 By , Deputy San Ramon,CA 94583 Atm:Brian Olin The Continental Insurance Company 2406 Lucie Way,5'h Floor Maitland,FL 32751 Atm:Jeri Apodaca 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 alid Piepho NOES: None ABSENT:_ None ABSTAIN: None RESOLUTION NO. 2007/ SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 03-01149 (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 03-01149 (cross-reference Subdivision 00-08507), in the San Ramon (Dougherty Valley) area, through January 13, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 50% o ANTICIPATED DATE OF COMPLETION: Summer 2007 ♦ REASON FOR EXTENSION: improvements are 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 G:\EngSvc\BO\2007\02-27\BO-11 RA 03-1149.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: R.Ric(313-2363) Bond No/Date:929285606(November 21,2003) ATTESTED: cc: PublicWorks—Construction JOHN CULLEN, Clerk of Board of Supervisors and County Current Planning,Community Development T—November 13,2008 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By , Deputy The Continental Insurance Company 2406 Lucie Way,5`h Floor Maitland,FL 32751 Attn:Jeri Apodaca QQ RESOLUTION NO.2007/ d� r CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 03-01149(cross-reference SD 00-08507) Developer: Windemere BLC Land Company, LLC Original Agreement Date: January 13, 2004 Second Extension New Termination Date: January 13, 2009 Improvement Security Surety: The Continental Insurance Company Bond No. (Date): 929285606 (November 21, 2003) Security Tvpe Securitv Amount Cash: $ 1,600.00 (1% cash, $1,000 Min.) Bond: $ 159,400.00 (Performance) $ 80,500.00 (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 here and cknowledge same. Dated: Dated: January 11, 2007 See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice W Sh' ublic Works Director By: Printed Developer's Signature(s) RECOMMENDED F R AL: By: Printed (Engineeri g ervice D ision) Address The Continental Tnsurance Cnm:panV (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized) 2405 Lucien Way, 5th Floor Maitland, FL 32751 FORM APPROVED.Victor J.Wesunan,County Counsel Address After Approval Return to Clerk ofthe Board A ey in ignat re Jeri Apodaca _ Printed Bond No. 929285606 RA 03-01149(X-ref SD 00-08507) 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: _�iL G�- Brian G. Olin,Vice-President By: Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � � //�� ss. County of CZV�-t L•oJ,�, Ito /V�arcl,-� ma.�'�-4-►��1cz Ido P�c,lo�� On �� }before me, DaName and Title of pOfficer(e.g.,"lane Doe,Notary Public") t! personally appeared CI -N 'n. 611tj g�X Et24\L S. ',3tz,ot.jn 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)4s/are subscribed ICE MARti>HQ to the within instrument and acknowledged to me that !4bCoffin#1614517 -ice/they executed the same in i w/their Notay PUM-caukwft I authorized capacity(ies), and that by 44sA4er/their ContoCoda County If signature(s) on the instrument the person(s), or the .MVC0nVn-EWW Oct 18,2009 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above 11 Signatuk of Notary Pu is 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 ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact ' - ❑ Trustee El Trustee Top of thumb here ❑ 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 State of California ACKNOWLEDGEMENT County of Orange., On January 11 2007 before me, J. Barragan,Notary Public (here insert name and title of the officer) personally appeared Jeri Apodaca 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 acknowledge 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 behalf of which the person(s) acted, executed the instrument. J. BARRAGAN WITNESS my hand and official sea z " ' Commission# 1635125 Notary Public-California Signature ' orange county My Comm.Fynlres Jan 5,2010 (Seal) 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 [:1 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 u S-4067/GE 1/06 FRP - POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Linda Enright,Mike Parizino,Rhonda Carlyn Abel,James A. Schaller,Jeri Apodaca,Jane Kepner,,Individually of Irvine,CA,its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the corporation. In Witness Whereof,The Continental Insurance Company.has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1 st day of October,2006. ..••'""'• The Continental Insurance Company A:: r Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this I st day of October,2006,before me personally came Thomas P.Stillman to me known, who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. j 'OFFICIAL SEAL' INARIl1 it wow � • Not°ry Public,Stns of Onai° i My coerrittim Erin•all We: ✓ .�� My Commission Expires March 15,2009 Maria M.Medina Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 11 th day of January 2007 �..•�;""� .• The Continental Insurance Company W9 R °•'�'"°�� Mary A.Rikaiokis Assistant Secretary Form F6850-11/2001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: t This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the company. "Article VI-Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13`h day of January, 1989: RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Companyz when so°affixed and in the'future with respect to any bond,undertaking or contract of suretyship to which it is attached." �i