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Home My WebLink AboutMINUTES - 02262008 - C.15 _ G TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR J. Costa DATE: February 26 2008 S County SUBJECT: Approve the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 03-08716, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUI:S"1'(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Subdivision 03-08716,approving the Third 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 warranty/maintenance period and the Subdivision Agreement(Right-of-Way Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping) guaranteeing the improvements will not be renewed. Continued on Attachment: SIGNATURE: Al � _ ECOM1MENDATIOv OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE --"X'PPROVE OTHER SIGNATURES ACTION OF BO ON e:) �2 t< APPROVED AS RECOMMENDED=IIER VOTE OF SUPEVISORS 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. ns:v, G:`.F:ttgSvc\BO'%20081.02-26\BO-1 I SD 03-8716 ROWL.doc Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED: Bond No/Date: 08719221(September 24,2003) JOHN CULLEN, Jerk o the Board of cc; Public Works—Construction Current Planning,Connnmtity Development Supervisors and County Administrator 'r—October 9.2009 Windenxrc BI-C Land Company,LLC 6121 Bollinger Canyon Road.Suite 500 San Ranxm,CA 94583 Attn:Brian Olin By eputy Fidelity and Deposit Company of Maryland 801 N.Brand Blvd,Penthouse Suite Glendale,CA 91203 Attn:Rachcllc Rheault 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 i NOES: None A13SENT: None A13STAIN: None RESOLUTION NO. 2008/ �2 SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) 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 (Right-of-Way Landscaping) 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 9, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED;DATE OF COMPLETION: August 31, 2008 ♦ REASON FOR EXTENSION: Improvements are complete and in required warrantyperiod per agreement. Warranty period expires May 8, 2008 at which a final walk through will be required for bond exoneration and final acceptance 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:\r„gS,c\13(.)\2008\02?6.130-11 SD 03-8716 ROWL.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(GS) shown. Contact: T.Ric(313-2363) Bond No/Dale:08719221(September 24,2003) ATTESTED: cc: PublicWorks-Construction JOHN CULLEN, Clerk ol the Boa of Supervisors and County Current Planning,Community Development T-October 9,2009 Administrator Windcniere BLC Land Company,LLC 6121 Bollinger Canyon Road.Suite 500 San Ramon,CA 94583 Atm:Brian Oliny Cputy Fidelity and Deposit Comp uy ot'Maryland 801 N.Brand Blvd.Penthouse Suite Glendale,CA 91203 Attn:Rachelle Rheault RESOLUTION NO.2008/ CONTRA. COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: SD 03-08716 Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 9,2003 Third Extension New Termination Date: December 9,2009 Improvement Security Surety: Fidelity and Deposit Company of Maryland Bond No.(Date): 08719221 (September 24,2003) Securitv'FyAe Security Amount Cash: $2,250.00(1% cash, $1,000 Min.) f Bond Rider: $33,340.00(Performance) S 112,250.00(Labor&Material) :Fhe Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated:-----.- 7�{j ZtID Dated:--_--January 17, 2008 FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Works Dir o See Attached Signature Block By: c/' ---- Printed - - - ----- ------- ----- ------ Developer's Signature(s) RECOMMENDED *A4,PP _ -.: By: Printed (Enginesion) — Address Fidelity and Deposit-Com�r�of Maryland _ (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 801 N. Brand Blvd., Penthouse Suite Glendale CA 91203 _ IORM APPROVED.Vi:u 1 K'--CI—Y C-11 Address After Approval Return to Clerk oldie Board K,n Attorn Fa is Sign ure - Jeri Apodaca, Attorney-In-Fact Printed Bond No. 08719221 Phase 2, SD 03-08716 aka Village 24 Subdivision Agreement (Right-of-Way Landscaping) Extension WINDEMERF. 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: David Geist, Asst. Secretary c ..... .... ........ ..... ........................ .. .. ..... .... ................. ............................ ... .. ..... . .... .................... ........ ............... ............. .. .............................. ................................................................................................................................................................................................................... ......... CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 1/17/08 before me, K. LULI, 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(R)whose name(a) is/Rw subscribed to his/h the within instrument and acknowledged to me that tte/she/lbay executed the same in er/*eix authorized capacity(�W, and that by big/her/tWx signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s)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. ... - - - - - - - X!"Lur commWoon 1;778"1 WITNESS my harj4 and official seal. Notary PulAt-Cafifornla Orange County &*Conn BOUNW6.2011 (Notary Seal) NNW" Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM 4ny 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 fora notary in California(i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carejullyfor proper notarial wording and attach this farm ifrequired. • State and County information must be the State and County where the document Number of Pages Document Date 5: 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 CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 11 Individual(s) he/she/tkey,-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 (Title) sufficient area permits,otherwise complete a different acknowledgment form El Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document,number of pages and date. 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 1 1} 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 person(O whose nameW iskwe subscribed to the within instrument and acknowledged to me that he sh executed the same in hiS1hPr1th„`i authorized capacity0es), and that by his/h.,,eir signatureW on the instrument the person(o, or the entity upon behalf of which the personw 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 COnIffi tslon N 1716643 z "� Notary.how-Calltornla WITNESS my hand and official seal. Z Contra Costa County McmMeanim t2.MII Glti (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(Right-of-Way Landscaping) Extension, SD 03-08716 aka Phase 2,Village 24, Bond #08719221 Document Date: January 17,2008 Number of Pages: 4 Signer(s) Other Than Named Above: Jeri Apodaca, Attorney-In-Fact,Surety Capacity(les) 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 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 isk*e subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisi"�e;r authorized capacity(ies�, and that by hislher4their signature(&)on the instrument the person(o, or the entity upon behalf of which the personko 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 Commission#►-1715843 < -r' Notary Public•California WITNESS my hand and official seal. Contra Costa County MwCornmon, JM420111 2011 G�- (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(Right-of-Way Landscaping) Extension, SD 03-08716 aka Phase 2,Village 24, Bond#08719221 Document Date: January 17, 2008 Number of Pages: 5 .Signer(s).Other Than Named Above: Jeri Apodaca,Attorney-In-Fact, Surety Capacity(ies) 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 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY TI IESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAU L C. ROGERS, Vice President, and 1'. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Company, wllck *set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,d stlier'r 4)1 it inate,constitute and , UJ\.3' appoint Jeri APODACA.of Irvine,California, its true and lawful m,,c .. r n ki f� -fact rifl?ike,execute, seal and deliver, for,and on its behalf as surety,and as its act and deed-cajj cl bdA-ds Aiytppdv'r'%Wng ,and the execution of such bonds or undertakings in pursuance of these prey t' ll }, asuiNitrfipany,as fully and amply, to all intents and purposes,as if they had been dr ,etc�e ire#'ac.i o.�``�i g, bb dii�-egularly elected officers of the Company at its office in Baltimore.Md.,in t�z ow r p�tpeisgrr r " iel<of attorney revokes that issued on behalf of Jeri APODACA,dated Se � �r�27\?OE}Y. The said Assistant Ezc�iefarJ\y�=or yihat the extract set forth on the reverse side hereof is a trite copy of Article VI, Section 2,of the By-I�a a1or�rpany,and is now in force. IN WITNESS WI- OF, the said Vice-.President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �p Upos` P f O O W S By: T. E. Smith Assistant Secretory Paul C. Rogers Vice President State of Maryland . ss. City of Baltimore On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 4YNN,y�Q rn s t a M4ju- IjLl 1– ►4'ifMA'/� �qAO CW�. (/ Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article V1, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall havepower, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instniments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in frill force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of.Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this_ 17 th�_day of January 2008 Assistant Secremry