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Home My WebLink AboutMINUTES - 01082008 - C.10 (3) l � TO: BOARD OF SUPERVISORS - 3 Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORmi ;-+nun ,z Costa DATE: January 8, 2008 `�os� T'4 COUtt County SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08156,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. 2008/ AT- for Subdivision 00-08156, approving the Second 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 completion of the improvements will not be renewed. Continued on Attachment:_Ae� SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES : , Z&oeer ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VO T OF SUPE IsoRS ,,// I hereby certify that this is a true and correct UNANIMOUS(ABSENT Nd 774-- ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:vz G:\EngSvc\BO\2008\O1-08\BO-11 SD 00-8156 ROWL.doc Originator: Public Works(ES) ATTESTED: B ori�0� Contact: T.Ric(313-2363) Bond No/Date:ST 2226(August 14,2002) JOHN CULLE , Clerk of e Board of cc: Public Works—Construction Supervisors and County Administrator Current Planning,Community Development T—October 3,2009 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Sute 500 San Ramon,CA 94583 By , Deputy Attn:Brian Olin St.Paul Fire and Marine insurance Company 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Jeri Apodaca THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 8, 2008 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 00-08156, 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 Subdivision Agreement (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 00-08156, in the San Ramon (Dougherty Valley) area, through December 3, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: February 2008 ♦ REASON FOR EXTENSION: the warranty/maintenance period has not been completed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2008\01-08\BO-11 SD 00-8156 ROWL.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Ric(313-2363) Bond No/Date:ST 2226(August 14,2002) ATTESTED: cc: Public Works—Construction JOHN CULLEN, lerk of th oard of Supervisors and County Current Planning,Community Development T—October 3,2009 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By . , Deputy St.Paul Fire and Marine Insurance Company 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Jeri Apodaca RESOLUTION NO.2008/ /`r CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-O&WAY LANDSCAPING) EXTENSION Development Number: SD 00-08156 Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 3,2002 Second Extension New Termination Date: December 3,2009 Improvement Security Surety: St.Paul Fire and Marine Insurance Company Bond No.(Date): ST 2226(August 14,2002) Security Type Security Amount Cash: $ 1,000.00(1% cash,$1,000 Min.) Bond Rider: $3,410.00(Performance) $ 11,850.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety t}ere agfee thereto and acknowledge same. Dated: �, )0�_ Dated: November 8, 2007 See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Works Direct By: &-[ ^" Printed Developer's Signature(s) RECOMMENDED FO P . By: Printed (Engineers g�J"Ai�sionn� Address St. Paul Fire and Marine Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 9325 Sky Park Court, Suite 220 San Diego, CA 92123 FORMAPPROM.VioWJ.WWU a CmmlyC0wwf Address After Approval Relurn to Gerk ofthe Oyarrl Attorney to ignat 4re Jeri Apodaca, Attorney-In-Fact Printed Bond No. ST2226 Phase 1, SD 00-08156 aka Village 17 Subdivision Agreement (Right-of-Way Landscaping) 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: Gly Brian G. Olin, Vice-President By: —& - rdw%-- Don Larson, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA County of CONTRA COSTA ss. On November 19, 2007 before me, Catherine M. Taylor, Notary Public, personally appeared Brian G. Olin, personally known to me to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/the y executed the same in his[herithei authorized capacity(ies), and that by his�he ;r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. we - CATHERINE M. TAYLOR Commission # 1715843 < °-•i Notary Public -California Z - WITNESS m hand and official seal. Contra Costa County Y My Comm. kes Jan 12,2011 C-- (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, Windemere, Phase 1, SD 00-08156 aka Village 17, Bond #ST2226 Document Date: November 8, 2007 Number of Pages: 4 Signer(s) Other Than Named Above: Jeri Apodaca, Attorney-In-Fact 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. CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA County of CONTRA COSTA ss. On November 20, 2007 before me, Catherine M. Taylor, Notary Public, personally appeared Don Larson, personally known to me (er preved tG Me OR the basis of sat'SfaGtGry evideRGe) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/6he/t#ey executed the same in his/her/the' authorized capacity(ies), and that by his/hprl+�r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. CATHERINE M. TAYLOR Commission * 1715843 -i Notary Public -California WITNESS my hand and official seal. Contra Costa County Comm.B sAn 12,2011 (Signature of Notary Public) IV 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, Windemere, Phase 1, SD 00-08156 aka Village 17, Bond #ST2226 Document Date: November 08, 2007 Number of Pages: 4 Signer(s) Other Than Named Above: Jeri Apodaca, Attorney-In-Fact; Brian G. Olin, Lennar Homes of California, Inc. Capacity(ies) Claimed by Signer Signer's Name: Don Larson ❑ 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. ACKNOWLEDGEMENT State of California County of Orange On NOV 0 8 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. 3ARRAGAN WITNESS my hand and offici < . Commission# 1635125 Z r� Notary Public -California . Orange County Signature My Comm.Expires 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 ❑ 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 S-4067/GE 1/06 FRP