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Home My WebLink AboutMINUTES - 01082008 - C.15 * TO: BOARD OF SUPERVISORS _ O n 1 a »,� FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR -,,i 's Costa sJ;itiunri " Z DATE: January 8, 2008 ---- `P` County rA cotizzr SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) 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. 2008/4& for Subdivision 02-08619, 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 APPROVE OTHER SIGNATURES ACTION OF BO ON d �� APPROVED AS RECOMMENDED OTHER v0 OF SUPE IsoRs ' I hereby certify that this is a true and correct UNANIMOUS(ABSENT /Vm�'!C� > 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-11 SD 02-8619 ROWL.doc Originator: Public Works(ES) ATTESTED: �� Contact: T.Rie(313-2363) Bond No/Date:ST 2231(August 14,2002) JOHN CULLEK, Clerk offdie Board of cc: Public Works—Construction Supervisors and County Administrator Current Planning,Conmwnity 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/ 02/ SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 03- 08715, 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 03-08715, in the San Ramon (Dougherty Valley) area, through December 9, 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-1 l SD 03-8715.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:6205580(July 7,2003) ATTESTED: cc: PublicWorks-Construction JOHN CULLE , Clerk oft Board of Supervisors and County Current Planning,Community Development T—October 9,2009 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Atm:Brian Olin By , Deputy Safeco Insurance Cotnpany of America 330 N.Brand Blvd.,Suite 680 Glendale,CA 91203 Atm:Jeri Apodaca RESOLUTION NO.2008/ CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 03-08715 Developer: Windermere BLC Land Company,LLC Original Agreement Date: December 9, 2003 Second Extension New Termination Date: December 9, 2009 Improvement Security Surety: Safeco Insurance Company of America Bond No. (Date): 6205580 (July 7, 2003) Security Type Security Amount Cash: $ 16,400.00 (1% cash, $1,000 Min.) Bond Rider: $243,390.00 (Performance) $819,500.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: November 8, 2007 Dated: _ 2)a See Attached Signature Block Developer's Signature(s) FOR CONTRA COSTA COUNTY Maurice M. Shiu,Public Wo s Dir r Printed By: o) Developer's Signature(s) RECOMMENDED FOR AL: � Printed By: A Ale (Engi eeri i ision) Address Safeco Insurance Company of America Surety or Financial Institution (NOTE: Developer's, Surety's and Financial 330 N. Brand Blvd. , Suite 680 Institution's Signatures must be Notarized.) Glendale, CA 91203 Address FORM APPROVED:Victor J.Wcsuuan,County Counsel klAaCa After Approval Return to Clerk of the Board ttorney In acts S gnature Jeri Apodaca, Attorney in Fact Printed Bond No. 6205580 Phase 2, SD 03-08715 aka Village 23 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: Brian G. Olin,Vice-President By: 'A. gjAm mn IIWVWF\' on 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/are subscribed to the within instrument and acknowledged to me that he/shelt#ejf executed the same in his/hei,zcF/their authorized capacity(ies), and that by hisiti,,,%m 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 * 1715043 -i Notary Public -Colifomia WITNESS my hand and official seal. Contra Costa County Cosm> ft,lan 12 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, Windemere, Phase 2, SD 03-08715 aka Village 23, Bond #6205580 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/"„he 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. CATHERINE M. TAYLOR • - Commission #► 1715643 IL V Notary Public -California WITNESS my hand and official seal. Contra Costa County Cormr=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 2, SD 03-08715 aka Village 23, Bond #6205580 Document Date: November 8, 2007 Number of Pages: 4 Signer(s) Other Than Named Above: Jeri Apodaca, Attorney-In-Fact Brian G. Olin, Lennar Homes 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 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. BARRAGAN Commission# 1635125 WITNESS my hand and Ise s 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 Safeco Insurance Company of America General Insurance Company of America POWER Safeco Plaza p y 1D OF ATTORNEY Seattle,WA 98185 KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ****************RHONDA C.ABEL;JERI APODACA;LINDA ENRIGHT;JANE KEPNER;NANETTE MARIELLA-MYERS; MIKE PARIZINO;RACHELLE RHEAULT;ROSA E.RIVAS;JAMES A.SCHALLER;Irvine,California******************** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 10th day of April 2006 STEPHANIE DALEY-WATSON SECRETARY MIKE PETERS PRESIDENT SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President, the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile (hereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Stephanie Daley-Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 8th day of November 2007 , CEgy E COMP Opm SEAL V SEAL a� 19X of IV dS /� Alia \� STEPHANIE DALEY-WATSON,SECRETARY Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF