HomeMy WebLinkAboutMINUTES - 02262008 - C.14 TO: BOARD OF SUPERVISORS `Ns= Contr. a
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR __ , ,d Costa
DATE: February 26, 2008
sT'4 COUiy�
County
SUBJECT: Approve the Third Extension of the Subdivision Agreement for Subdivision 03-08716,San Ramon
(Dougherty Valley) area. (District I1I)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/9 for Subdivision 03-08716,approving the Third Extension of the Subdivision
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 Subdivision Agreement has expired.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement guaranteeing the improvements will not be renewed.
Continued on Attachment: SIGNATURE:
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
_RE MMENDATION OF BOARD COMMITTEE
PROVE OTHER
f
SIGNATURE(S)-
ACTION
IGNATURE S -ACTION OFBO D N m APPROVED AS RECOMMENDED _OTHER
VOTE OF SUPER oRS 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.
Ds:vz
G:\EngSvc\130\2008\02-26\BO-I I SD 03-8716.doc
Originator: Public Works(ES)
Contact: T.Rie(313-2363) ATTESTED: bZ� Z(i ,o$
Bond No/Date:104125076/July 28,2003
cr. Public Warks—Construction JOHN CULLEN, Clerk of the Board of
Current Planning,Conununity Development Supervisors and County Administrator
T—October 2,2009
Windcmere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin B , Dep ty
Travelers Casualty and Surety Company of America
9325 Sky Park Court,Suite 220
San Diego,CA 92123
Attn:Grace Reza
i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 26, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla and Glover
I
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/
SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 03-
08716, 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 Subdivision Agreement between Windemere BLC Land
Company,LLC and the County for construction of certain improvements in Subdivision 03-08716,
in the San Ramon (Dougherty Valley) area, through December 2, 2009;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99%
♦ ANTICIPATED DATE OF COMPLETION: March 2008
♦ REASON FOR EXTENSION: Improvements are complete and in required warranty period
per agreement. Completion of the Punch List is in process. After a final walk through, the
final acceptance and bond exoneration can be approved by the Board.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
DS:vz I hereby certify that this is a true and correct copy of an action taken
G:\EngSvc\130\2008\0226\BO-1 I SD 03-8716.doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) shown.
Contact: 1'.Ric(313-2363)
Bond No/Date:104125076/July 28,2003 ATTESTED: oZ Z (v
cc: Public Works—Construction JOHN CULLEN, Cler of the Board of Supervisors and County
Current Planning,Community Development
T—October 2,2009 Administrator
Windemcre BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin B ,Deputy
Travelers Casualty and Surety Company of America
9325 Sky Park Court,Suite 220
San Diego,CA 92123
Atm:Grace Reza
RESOLUTION NO.2008/
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: SD 03-08716
Developer: Windemere BLC Land Company,LLC
Original Agreement Date: December 2,2003
Third Extension New Termination Date: December 2,2009
Improvement Security
Surety: Travelers Casualty and Surety Company of
America
Bond No. (Date): 104125076 (July 28,2003)
Securitv Type Security Amount
Cash: 19,500.00(1% cash,$1,000 Min.)
Bond Rider: S 289,425.00(Performance)
S 974,500.00(Labor&Material) i
4
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby a ree there o and acknowledge same.
Dated: ���� A, ZOy Dated: January 17, 2008
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Maurice M. Shiu,Public Works ector
_ See Attached Signature Block
By: _.O/ r > _ _L" Printed
Y
Developer's Signature(s)
RECOMMENDED FOR APPRO
B_v: --- --....- ---- -- Printed
(Engineering Se s is n)
Address
Travelers Casualty and Surety Company of America
(jVOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be iYotarized.) 9325 Sky Park Court, Suite 220
San Diego, CA 92123
K.-k;.'.APPAOVF.0 V4cwr1.Wec .Co®,y Cnt-4
Address
iter Approval Reh,n+to Clerk of the Board -.
omey acts -igna re
Jeri Apodaca, Attorney-In-Fact
Printed
01
rpt,, „�.,,, ,,•
Bond No. 104125076
Phase 2, SD 03-08716 aka Village 24
Subdivision Agreement Extension (Civil)
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 OI. CALIFORNIA, INC., a California
corporation, its Managing Member '
By:
Brian G. Olin, Vice-President
By:
.David Geist,Asst. Secretary
............................................................................................
. .................................. ................................................................ ............ . ....
................................ .. .................
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On 1/17/08 before me, K. Luu, Notary Public
(Here insert name and title of the officer)
personally appeared Jeri Apodaca
who proved to me on the basis of satisfactory evidence to be the person(x)whose name(x)is/=subscribed to
the within instrument and acknowledged to me that lza/she/lbay executed the same in his/her/heir authorized
capacityoW, and that by bWher/%ejr signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURYCalifornia
under the laws of the State of Califothat the foregoing paragraph
is true and correct.
K. LUU
G
7ommwtlon • 177&641 n
WITNESS my hanand official seal. NWOV Pubft -Calitornia Z
orang* County
+6,2011
(Notary Seal)
Signature of Notary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances, any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(i.e. certifying the authorized capacity of the signer).Please check the
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form ifrequired.
• State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLARVIED BY TT-IE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
0 Individual(s) he/she/gm)�is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
El Corporate Officer The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
sufficient area permits,otherwise complete a different acknowledgment form.
rm.
El Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk-.
[X Attorney-in-Fact -*e Additional information is not required but could help to ensure this
ED Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Indicate title or type of attached document,number of pages and date.
Other a
Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
........................................
................................................ ...................................................................................................................................................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA l
)}
County of CONTRA COSTA ss.
On January 18, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
Brian G. Olin, who proved to me on the basis of satisfactory evidence to be the personks-)whose
nameW is/are subscribed to the within instrument and acknowledged to me that heishe/the�
executed the same in hist",T,�;their authorized capacity{ies), and that by hisi"hei:signature(o on
the instrument the personko, or the entity upon behalf of which the persons) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CATHERINE M. TAYLOR
CommWion 0 1715643
Lie* Notary PubW-California
Costa Cnty
WITNESS my hand and official seal. CGonarrinai6 Il J 12,20011
0,,v�, 1)4 ,
(Signature of Notary Public) U Place Notary Seal Above
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: Contra Costa County Subdivision Agreement Extension,
SD 03-08716 aka Phase 2,Village 24, Bond #104125076
Document Date: January 17,2008 Number of Pages: 4
Signer(s)Other Than Named Above: Jeri Apodaca,Attorney-In-Fact, Surety
Capacity(ies) Claimed by Signer
Signer's Name: Brian G. Olin
❑ Individual - •
® Corporate Officer—Title(s): Vice-President Top of thumb here
❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA 1
1}
County of CONTRA COSTA ss.
On January 22, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
David Geist, who proved to me on the basis of satisfactory evidence to be the person(o whose
name(o is/afe subscribed to the within instrument and acknowledged to me that he/chi
executed the same in his/hp0hei; authorized capacity{ies , and that by his/h„t;ei signatures)on
the instrument the person(), or the entity upon behalf of which the person(&) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CATHERfNE M. TAYLOR
Comrnfssfon# 1715843
Notary Pubflc-Cafllornla
WITNESS my hand and official seal. Contra Costa County
Comr► itet.b►1 2011
(Signature of Notary Public) Place Notary Seal Above
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: Contra Costa County Subdivision Agreement Extension,
SD 03-08716 aka Phase 2,Village 24, Bond #104125076
Document Date: January 17,2008 Number of Pages: 5
Signer(s)Other Than Named Above: Jeri Apodaca,Attorney-In-Fact, Surety
Capacity(les) Claimed by Signer
Signer's Name: David Geist
❑ Individual •
® Corporate Officer—Title(s): Asst. Secretary Top of thumb here
❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
STPAUL POWER OF ATTORNEY
r 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. 000255655
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly 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 Farntiitgton Casualty Company.Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly or 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,Jane Kepner, Grace Reza, and
Rosa E. Rivas
of the City of Irvine State of California their true and lawful Attorneys)-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[hereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and Cxecuting or guaranteeing bonds and undertakings required or permitted'in any actions or-proceedings allowed by law.
l�Y ver
Y
-Vu
d a qc �E �� ' 20th
IN WITNMS WHEREOF,the Comp.{ cave caused this instrument tti be signed.z ntl their-corf5orate seals to be hereto affixed,this
arc o
day of
Farmington Casualty Company ,ti � Sl.Paul Guardian Insurance Company
-�•...
Fidelity and Guaranty Insurance`Company, St.Patel Mercury Insurance Company
Fidelity and Guaranty In.a ce Underw\r-iXrs,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
Sl.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
GRSUA� N� �i[tErY FIRC 6 �RN..�N•pG ,ice ,•'"'NSA k P��Y Apo '�'F ��,,((y�y�
� !` pP•O9 J - •'4 O.. �, �JP..........9 yJ y RYA !Y fit?" "-YJ
#' �� 1977 �Forutm . 1927 '` � �t �r _ m •W:�o. e: s•
u K sIt-r. �^i :f! _•_ .�F a NARTFORO, . W157F0``..rr r3 a ARD
1982 0 O ��l
"qy��S a � � 195 ' �'•. 'n s D
J1;SEAL'0'
W CONN. n 9•, CONN. a .n 1896
•oi3
OF NEW �o m^.,,NCF fS.AN� 1s...�..•r�F da 'Na t • N9 �Attu
State of Connecticut By:
City of Hartford ss. Gorge W' ompson,Sen' r Vic President
20th March 2006
On this the day of , before ntc 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 Surety Company,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.
My Commission expires the 30th day of June.2006. Nt '0t/Bl%o Marie C.Tetreautr,Notary Public
58440-9-05 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
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 l7idelity 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 Senioi Vice President,any Vice President,any Second Vice
President,the Treasurer.any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf.
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,reco_nizances•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 w'ritin<.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 scaled 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 Surety Company 6f-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.of'Attorney.exccuicd by said Companies,which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF,i have hereunto set my hand and..affixed the seals of said:Companies this 17 t day of January 20 O8
Kori M.Johann Assistaant Secretary
GI•$V•F�j V rr� Str�TJ.� J\.F\0.E4 OF*N•�N,4G9 Jp+\NSVgq eJP\.tY 4Np� ��xo uwe'ro ��11Y,bya
O sOi'Y:q1r�(\ $ �PORAtED :G f Z TOP VORq�F�� W�',.`�pPORq Tf�1^i ap 9w J ��
1 9 8 2 0 3 y 977 �927 K �^: — a t "— •�. : NatrFORD• H49iFORD,
z� ; 1951 N Jt•S E A L i" " o a 'CONN. � CONN. 9 �, 1886
�'`}�,�ct�+n � � y � o•.• •01 �••.SEAL;a � � �� � otto�Q
br �+ �• # �m co v` _ilJ
..........>''•..
y� � d 1• OF M1£t!' �nV,„F;^�F fS: NNa" ! A:'as
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.coni.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