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Home My WebLink AboutMINUTES - 02272007 - C.9 V � r , V 6_5 E--•— TO: BOARD OF SUPERVISORS `_-- - =� Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR . �.:_ o .:t,.,,,��.. ro�� z Costa q DATE: February 27, 2007 County srq_coazir SUBJECT: Approving the Third Extension of the Drainage Improvement Agreement for Drainage Acceptance 00-00007(cross-reference Subdivision 95-07976),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. 2007/ e6 for Drainage Acceptance 00-00007(cross-reference Subdivision 95-07976), approving the Third Extension of',he Drainage 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/maintenance period and the Drainage Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Drainage 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 SIGNATURE(S)9- _/'r-�'_ ACTION OF BON APPROVED AS RECOMMENDED OTHER Vo�E OF SUP iSORS /�� I hereby certify that this is a true and correct ✓ UNANIMOUS(ABSENT A/O .L._-) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the TR:cz date shown. G:\EngSvc\60\2007\02-27\BO-I I DA 00-0007.doc Originator: Public Works(ES) Contact: T.Rie(313-2363) Bond No/Date:11133599362(December 19,2001) ATTESTED: 64" X- cc: Public Works—Construction JOHN CULLEN, Clerk o e Board of Current Planning,Community Development Supervisors and County Administrator T—November 15,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By , Deputy The American Insurance Company 777 San Marin Drive,Surety SM3 C88 Novato,CA 94993 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, Uilkerha, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None r ; RESOLUTION NO. 2007/ SUBJECT: Approving the Third Extension of the Drainage Improvement Agreement for Drainage Acceptance 00-00007(cross-reference Subdivision 95-07976),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 third agreement extension which extends the Drainage Improvement Agreement between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Drainage Acceptance 00-00007(cross-reference Subdivision 95-07976),in the San Ramon(Dougherty Valley) area, through January 15, 2009; o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED LATE OF COMPLETION: 2010 ♦ REASON FOR EXTENSION: Warranty/maintenance period is not complete IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. TR:cz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2007\02-27\BO-1 I DA 00-0007.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Rie(313-2363) �j �► Bond No/Date:11133599362(December 19,2001) ATTESTED: cc: Public Works—Construction JOHN CULLEN, Clerk oft Board of Supervisors and County Current Planning,Comnwnity Development T—November 15,2008 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By , Deputy The American Insurance Company 777 San Marin Drive,Surety SM3 C88 Novato,CA 94993 Attn:Brenda J.Dickson RESOLUTION NO.2007/ �� CONTRA COSTA COUNTY DRAINAGE IMPROVEMENT AGREEMENT EXTENSION Development Number: DA 00-00007(cross-reference SD 95-07976) Developer: Windemere BLC Land Company,LLC Original Agreement Date: January 15,2002 Third Extension New Termination Date: January 15,2009 Improvement Security Surety: The American Insurance Company Bond No. (Date): 11133599362 (December 19,2001) Security Tyne Security Amount Cash: $4,500.00(1% cash,$1,000 Min.) Bond Rider: $67,280.00(Performance) S 226,500.00(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 the eto and acknowledge same. Dated: Dated: See attached signature block FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice hiu blic Works Director Windemere BLC Land Company, LLC By: Printed Developer's Signature(s) RECOMMENDED FOR OVAL: BYPrinted (Enginee n Se is ivision) Address The American Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 777 San Marin Drive — Surety SM3 C88 Novato, CA 94993 . FORMAPPROVED:VkWIWaUu CmiyCo 1 Ad ss After Approval Renrrn to Clerk orthe Board "_ Attorney in Facts SigWature. Brenda J. Dickson Date: January 16, 2007 Printed Bond No. 11133599362 DA 00-00007(X-ref SUB 95-07976) Drainage 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: =4—G GLS Brian G. Olin,Vice-President By: XXL` Erik S. Brown,Asst. Secretary v ,- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �Yl�a- Com- ss. County of , On lil before me, MQCC4,0- ma'r-3kne-r- Daie \ Name and Title of Officer(e.g.,"JaneDoe,Notary Public" personally appeared �r c� �`t anc2 Er t ic- S• YO t.J17 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 y — to the within instrument and acknowledged to me that 16MARCIE MARIWEZ Uek,4e/they executed the same in Ui64w/their CotranlsdM#1614317 authorized capacity(ies), and that by •hi&H /their Notary Public-Cafifilx a Corina costa county signature(s) on the instrument the person(s), or the My comm.Expires Oct 1 s,2009 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above I AA CA -9- &- 1 nA:� _ SignatuLe of Notary Publi 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—ElLimited ❑ General M1141 ig 01 ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee 0 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of -„//.jjr-i�0/-,/^//.4 OPTIONAL SECTION �� County of '-/Wg� / ^ A .� � Af CAPACITY CLAIMED BY SIGNER On f before mHe, I-11 l�A Though statute does not require the Notary to till DATE Q NAME,TITLE OF OFFICER E.G.,"JANE DOT, O OTARY PUBLI In the data below,doing so may prove Invaluable to personally appeared SUR-_1,�d 4r1•6/C 1<.8,6Af persons relying on the document. AME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL 01W personally known tome-OR-0❑ provided tome on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(&)whose nameW isign subscribed TITLE(S) to the within instrument and acknowledged to me that haWl they executed the same in ❑ ❑ PARTNER(S) ❑ 13LIMITED ALICE M.RIVAS his/befi(Ib&authorized capacity(]fs),and that by ❑ ❑ GENERAL _ .-t' ' Commission# 1631350 -bioerhheir signature(a)on the Instrument the a ” � Notary Public-California person(is)or the entity upon behalf of which the ❑ ❑ ATTORNEY-IN-FACT person acted,executed the instrument. ❑ ❑ TRUSTEE(S) Marin County �) ❑ ❑ GUARDIAN/CONSERVATOR My Comm.Expires Jan 16,20101 ❑ OTHER: WITNESS my hand and official seal, SIGNER IS REPRESENTING: SIGNATURE OF NOTARN. 1 NAME OF PERSON(S)OR ENTITY(rES)) ❑❑ 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 J4 co- O opn?' THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document�dAa ��pie0✓,��f,�,✓7 �G'R� f1G`r-// TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document JS 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. la 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 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." FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POPPER OF ATTORNEY 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 INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a,Missoud 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, seat, 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 bythe President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secrrtary,h=by ratifying and confirming all that the said Attomey(s)-in-Fact may do in the prises. 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, epealed"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal 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." F IN WITNESS W. HEREOF,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 2 n n q ��c�urr 4�µurs fG t jINEkleINSURIN CE COMPANY NATIONALS CORPORATION ''�o _s • t. - THE AMERICAN INS CE COMPANY S EA LISE z sacro i �� '.t DEM ASSOCIATED IIID CORPORATION �b,V �y `••.....•..•• INCE co`' 4�KCE`Co1` hdt701S v0` AMERICAN UTOMOBILEINS CE COMPANY ISS. STATE OF CALIFORNIA BY COUNTY OF MARIN YcaPresi On this 15 day of Ap r i 1 2002 ,before me personally a Ha ro 1 d .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 WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written. r KRISTIN A G;! LI D Comm.91262236 NOTARY PUSUC•CAUFORNLA ` MARIN CtxJNTY O My Comm.l KPkeS Apc9 29.2004 1 tic STATE OF CALIFORNIASS. 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 VII 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 �t'E��h tx•jfG 'RE Aw"w�• ee�a>aro V z � • • �t6 E A L= 221� �I O •a....•''• ftk��O,f �ttw •eO�' A �' Resident Assistant SOMUZY