HomeMy WebLinkAboutMINUTES - 01082008 - C.10 se L
TO: BOARD OF SUPERVISORS �?- = on ra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR
Costa
DATE: January 8, 2008
T'4 CO-- 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/ 0— 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: SIGNATURE.
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNATURE (S): ,
ACTION OFBO ON APPROVED AS RECOMMENDED OTHER
oT of
SU=N
I hereby certify that this is a true and correct
V7 UNANIMOUS(ABSENT l 77v ) 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\01-08\BO-1 i SD 00-8156 ROWL.doc
Originator: Public Works(ES) ATTESTED: C ���
Contact: T.Rie(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/ Af—
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-1l 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.Rie(313-2363)
Bond No/Date:ST 2226(August 14,2002) ATTESTED:
cc: Public Works—Construction JOHN CULLEN, Jerk 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
Atm:Jeri Apodaca
RESOLUTION NO.2008/ /V-
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT (RIGHT-OF-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 ereby a ee thereto and acknowledge same.
Dated:_ v� Dated: November 8, 2007
See Attached Signature Block
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Maurice M. Shiu, Public Works Direct
By: � e Printed
Developer's Signature(s)
RECOMMENDED FO P .
By: Printed
(Engineers gi sion
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 92_123
FORM APPROVW.Vcwr J.W.w ,C—,y C-1 Address
After Annroml Return to Clerk ofthe Board
, ttomey to ignat rc
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:
Brian G. Olin, Vice-President
By: k 4WJ�U4
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) isle subscribed to the within instrument and acknowledged to
me that he><sheithe executed the same in his�her4their authorized capacity(ies), and that by
his/"e�ir 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 #t 1715843 IL
Z -�i Notary Public -California
WITNESS my hand and official seal. Z Con�tra Cosfa�i2n20l l
(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 to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/h, authorized capacity(ies), and that by
his/h,T, rAheir 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 #f 1715843
Notary Public -California
WITNESS my hand and official seal. Contra Costa County
alywcarrovar.'
Jan1/�] s2,2011
OdL_
'1. S;90_ k_
(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 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 N O V o 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 ::: -< .r +� Commission# 1635125
Z �� g 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
' WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
.A POWER OF ATTORNEY
TRAVELERSJ 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. 219101 Certificate No. 001947101
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 Farmington 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 organized 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,and Jane Kepner
of the City of Irvine ,State of California ,their true and lawful Attorney(s)-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 thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions of grWeedings allowed by law.
10th
IN WITNIffXWOF,the Comp2s&have caused this instrument to be signed and their corporate seals to he hereto affixed,this
day of
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
GI.Sf,��j -p_y+e'F�'TY StlflE/r(� Jy Fl0.Eh ���N..�MS� p,�•1NSUgq J�iY ANp. w,p SUBFryC F�}TY,�'
O?OP'POR, • 6V',,o^wn G * Ty 4 Pt e'•RPOR 9�
1982e'O 19 MCOflR7RAiED� 927 Yc m3 oJiO r A,E:, W,•'coRroRtrf;.'� ° 3l ^�-
< t Z:VA
Jt•SEALIo> }�Q'.• I of
State of Connecticut By:
City of Hartford ss. Georg Thompson, o:r rce President
10th September 2007
On this the day of ,before me 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.
ew*
In Witness Whereof,I hereunto set my hand and official seal. �Q� C
My Commission expires the 30th day of June,2011. Marie C.Tetreault,Notary Public
58440-5-07 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 Fidelity 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 Senior 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,recognizances,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 writing 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 sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-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.
1,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 of 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 executed 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 8th day of November 2007
Kori M.Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attomey-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