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Home My WebLink AboutMINUTES - 01082008 - C.14 TO: BOARD OF SUPERVISORS Conn1ra FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR Costa DATE: January 8, 2008 UI- ��` County TA-CO SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 02-08619,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/ for Subdivision 02-08619, approving the Second 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 completion of the improvements will not be renewed. Continued on Attachment: SIGNATURE: C �v RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE THER SIGNATURES ACTION OF BOON APPROVED AS RECOMMENDED LZ OTHER Vb (/I/'vo OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT 0770 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:TngSvc\BO\2008\0I-08\BO-I1 SD 02-8619 Sub.doc Originator: Public Works(ES) d7 Contact. T.Rie(3I3-2363) ATTESTED: Bond No/Date:SV 9484(August 1,2002) JOHN CULLEI<Clerk of tfe 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,Sure 500 San Ranion,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 for Subdivision 02- 08619, 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 between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Subdivision 02-08619, 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 02-8619 Sub.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:SV 9484(August 1,2002) ATTESTED: t9 v i '?A'y cc: Public Works—Construction JOHN CULLEW Clerk of t9 Board of Supervisors and County Current Planting,Community Development T—October 9,2009 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/ / CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 02-08619 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): SV 9484(August 1,2002) Security Type Securitv Amount Cash: $3,260.00(1% cash,$1,000 Min.) Bond Rider: $48,411.00(Performance) $ 163,000.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety her by agr thereto ad acknowledge same. Dated: 2UD Dated: November 8, 2007 See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Works Dire r BY: Printed Developer's Signature(s) RECOMMENDED F By: Printed (Engineering Se c s D' t 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 FOAM APPROVED:Vlctm J,Wmw ,C—yCmmsd Address After Approval Return to Clerk Of the Board `Atorney t acts Si ature Jeri Apodaca, Attorney-In-Fact Printed Bond No. SV9484 Phase 1, SD 02-08619 aka Village 12b Subdivision 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. G4 Brian G. Olin,Vice-President By: 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/ar-e subscribed to the within instrument and acknowledged to me that he/she/theexecuted the same in his her4the4 authorized capacity(ies), and that by hisihe, 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 < �� Notary Public -California WITNESS my hand and official seal. Contra Costa County Comm.=Jan 12,2011 (Signature of Notary Public) V 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, Windemere, Phase 1, SD 02-08619 aka Village 12b, Bond #SV9484 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) isiare subscribed to the within instrument and acknowledged to me that he, executed the same in hisiheF>the+r authorized capacity(ies), and that by his�hta 4hei 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 Notary Public -California WITNESS my hand and official seal. Contra Costa County ,b't 12.2Q1 I PWW- (aC� (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, Windemere, Phase 1, SD 02-08619 aka Village 12b, Bond #SV9484 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 Q 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. o;>RRAGAN WITNESS my hand and officia I. Commission# 1635125 z =�® 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. O O 1 J`t 1 1 0`t 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 or proceedings allowed by law. 10th IN WITNIVcF+jtWOF,the Comptave caused this instrument to be signed and their corporate seals to be hereto affixed,this day of Farmington Casualty Company , T 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,SUq $.�pt1 tY yp�jl. F\RE 6 RN �N ' SNS �ZY Ory r �JL C3 �OR�� .y�y ��;-.....SU,➢ JP+. U•49 eJP R. [�^Pnyr ��iY,VyO � 19 8 2�'O � 1977 a�oaaTED 1927 p` t — W'eA" i; �•unarro�T� MC°°�+'+� = t 1951 N s �`'•SE ALipnf �;. 'o W CorR-t n CONN. 8 w 1896 a � * 3.� - �•.• SS�Li3 WOo . l y, .� a t� ,E'oF '� �,�;.��,,.�' a-is':Nva�` 1 -� •,d �� f.,...++��>� �'�� ....ter ...� � State of Connecticut By: City of Hartford ss. Georg Thompson, enior Tce 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. p,TET tl In Witness Whereof,I hereunto set my hand and official seal. TANK W ver C My Commission expires the 30th day of June,2011. p�Orl * Marie C.Terreault,Notary Public �►E�s 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 r 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 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. 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. T IN TESTIMONY WHEREOF,I have hereunto set my hand aq th of s' anies this 8th day of November-,2001-. Kori M.Johana Assistant Secretary i�o l 14 yOp9YO8q•2�rS`''�Lao rC��j`3,_1iM9°'7'7�i "CrIr,7gN¢Sry-.pC_9*27yG',3g�K _� 'r�°cm„ �n�Qt/'•;S�,_ y, a/I/'♦�°i'':J CP'A'R..1P..MO..S O\ RvERv~rtAie' EAL,,S S8LWa�o,PJHPA`CRTOTY FNAORHR.oD9,Lm oy< �33 H'yN4'CawRDWf�FNOH qRE”!D,��a# ti.Y�nT4 � it_x1`c1art+8' mY9w 6n� D 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 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