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Home My WebLink AboutMINUTES - 01082008 - C.7 � •• = ontra TO: BOARD OF SUPERVISORS `== FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR , z Costa DATE: January 8, 2008 coCounty rA � SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 01-08155,for project being developed by Windemere BLC Land Company, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ /62 for Subdivision 01-08155, approving the Second Extension of the Subdivision Agreement, for project being developed by Windemere BLC Land Company, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The warranty/maintenance period has not been completed 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:J,--' SIGNATURE: _LA&COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _Z,ArPPROVE OTHER SIGNATURES ACTION OFN d APPROVED AS RECOMMENDED OTHER voT F SUPE vlsoxS 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. LB:vz G:\EngSvc\BO\2008\01-08\BO-1 I SD 01-8155 Sub.doc Originator: Public Works(ES) ATTESTED: Contact: T,Ric(313-2363) Bond No/Date:SU 6000919(August 8,2002) JOHN CULL , Clerk o0e Board of cc: Public Works—Construction Supervisors and County Administrator Current Planning,Community Development T—October 3,2011 Windenrere BLC Land Company,LLC 6121 Bollinger Canyon Road San Ramon,CA 94583 By , Deputy A6 Attn:Brian Olin Arch Insurance Company 135 Los Robles Avenue,#825 Pasadena,CA 91101 Atm: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/ /o'Z- SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 01- 08155,for project being developed by Windemere BLC Land Company,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 01-08155, 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: 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 01-8155 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:SU 6000919(August 8,2002) ATTESTED: d�� cc: Public Works—Construction JOHN CLLLEN, Jerk of the oard of Supervisors and County Current Planning,Community Development T—October 3,2011 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road San Ramon,CA 94583 Attn:Brian Olin By , Deputy Arch Insurance Company 135 Los Robles Avenue,#825 Pasadena,CA 91101 Atm:Jeri Apodaca RESOLUTION NO.2008/ �� CONTRA COSTA COUNTY SUBDIVSION AGREEMENT EXTENSION Development Number: SD 01-08155 Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 3,2002 Second Extension New Termination Date: December 3, 2009 Improvement Security Surety: Arch Insurance Company Bond No. (Date): SU 6000919 (August 8,2002) Security Type Security Amount Cash: $ 16,790.00 0% cash, $1,000 Min.) Bond Rider: $243,331.50 (Performance) $ 839,500.00 (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: �t — — 7i0®� Dated: November 8. 2007 See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Works ' ct By: C% ,- Printed Developer's Signature(s) RECOMMENDED FOR APP AL: By: Printed (Engineerin I es ivision) Address Arch Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 135 Los Robles Avenue, #825 Pasadena, CA 91101 FORM APPROVED:VicW J.Wcgm Comfy Counsel Address After Approval Return to Clerk of the Board orney i s Signa+ e Jeri Apodaca, Attorney in Fact Printed Bond No. SU6000919 Phase 1, SD 8155 aka Village 16 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: G�: Brian G. Olin,Vice-President By: _ &&O��= 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/are subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in hisi"rr,er/the' 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. NN-CATHERINE M. TAYLOR Commission #► 171"43 Notary Public -California WITNESS my hand and official seal. Contra Costa County �f�/ Camrn. .tom 1 '011 (signature of 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 01-08155 aka Village 16, Bond #SU6000919 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,6he4he executed the same in his/her/thear 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 #E 1715843 -� Notary Public .California WITNESS my hand and official seal. Z Contra C jan12 2D Conor 11 n (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 01-08155 aka Village 16, Bond #SU6000919 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 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 WITNESS m hand and official seal. < ` Commission# '1635125 Z Y Z .- Notary Public-California Z ' 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 POWER OF ATTORNEY Know All Men By These Presents.- That resents:That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel, Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault, and Linda Enright of Irvine, CA(EACH) its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas C' This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attomey is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO 13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 31st day of_ Juiy 20.07 Arch Insurance Company Attested and Certified once co C4 COMRATE f6U 7977 Martin J. Niise ecretary Edward M. Tilus ice President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J.CALLEO,ESQ. J�� Notary Public, State of New York No.02CA6109336 O� ;lified in New York County Pe r J. Nota ublic Commission Expires May 3, 2008 My commisslRj expires 5-03-2008 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereuntc subscribed ,^,:, name and affixedd the corpora ZS 1 of the Arch Insurance Company on this 8th day of_ November 20.0 7 Martin J. Nils Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 4�t8RCe CORfOEATE SfA 1071 OOML0013 00 03 03 �Misso�rl Page 2 of 2 Printed in U.S.A.