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Home My WebLink AboutMINUTES - 01082008 - C.8 • SE L TO: BOARD OF SUPERVISORS '� �-- � Ao ra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR S` - Costa ii;ii11111�V _ - Z DATE: January 8, 2008 ` STA �oUK� County SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) 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/ for Subdivision 01-08155, approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping), 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 (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: (619W ECOMMENDATION OF COUNTY ADMINISTRATOR _RE MMENDATION OF BOARD COMMITTEE _ PROVE OTHER SIGNATURES : ' ACTION OF B DON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 1 hereby certify that this is a true and correct UNANIMOUS(ABSENTO 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-1 l SD 01-8155 ROWL.doc Originator: Public Works(ES) ATTESTED: Contact: T,Rie(313-2363) Bond No/Date:ST 2227(August 14,2002) JOHN CULLE , Clerk of t9 Board of cc: Public Works—Construction Supervisors and County Administrator Current Planning,Community Development T—October 3,2011 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road 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/ /6 SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping)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 (Right-of-Way Landscaping) 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 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 2227(August 14,2002) ATTESTED: cc: Public Works—Construction JOHN CULLE , Clerk oft Board 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 St.Paul Fire and Marine Insurance Company 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Jeri Apodaca RESOLUTION NO.2008/ A3 CONTRA COSTA COUNTY SUBDIVSION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) 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: St.Paul Fire and Marine Insurance Company Bond No. (Date): ST 2227(August 14,2002) Security Type Security Amount Cash: $ 1,000.00(1% cash,$1,000 Min.) Bond Rider: $3,800.00(Performance) $ 13,050.00 (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 agree thereto and acknowledge same. Dated: c n � 200 Dated: November 8, 2007 See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. hiu,Public Wor By: Printed Developer's Signature(s) RECOMMENDED FrAPP AL: By: A Printed (Engineering 71 ices i n) 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 FORM APPROVED:V".11.Wa-CaryC-1 Address After Approval Return to Clerk of the Board orne s Signa re Jeri Apodaca, Attorney-In-Fact Printed Bond No. ST2227 Phase 1, SD 01-08155 aka Village 16 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: — �_!P—G.C., Brian G. Olin,Vice-President By: 'Al 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/sheithey executed the same in his�her4heir authorized capacity(ies), and that by hisiher4heir 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 a Commission # 1715043 ..� Notary Public California WITNESS my hand and official seal. Contra Costa County Comm .Jon 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(Right-of-Way Landscaping) Extension, Phase 1, SD 01-08155 aka Village 16, Bond #ST2227 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) isle subscribed to the within instrument and acknowledged to me that he/she/the y executed the same in his/",�eir authorized capacity(ies), and that by his/he r}m,i signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. w..r., CATHERINE M_TAYLOR Commission # 1715843 -: Notary Public -California WITNESS my hand and official seal. Contra Costa County Comm. J�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(Right-of-Way Landscaping) Extension, Phase 1, SD 01-08155 aka Village 16, Bond #ST2227 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 U 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 hand and official se Comnilsslon# 1635125 WITNESS my z `- ae Notary Public-California y^u 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 ATTORNEY1S 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 19 4 f T O O 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 Attomey(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"ceedings allowed by law. 10th IN WITNI �OF,the Compa�r Pave caused this instrument to be signed and their corporate seals to be hereto affixed,this day of ��1+ 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 G�SU.F�� $upf7�• FIRE 6 sRM•!Ns� '�1NSUq JPIf'!A,yCO RRG 3WrrY ��yiYA,y� o(,�'P;°,r o . _ r e�' •� c.;: ,ti`s p c � \ �4 M 3 �f1 � t1 �j, INCC♦IPORATfD YLK Z� ��ORPORA>F:C}'1 YrCAaPOR4T�::C1^ a '� 3 l� � t 9 D 1777 g F 1927 lm COWL o y,�"'CONMRDj 8 N t�e � • t r ar � 1951 a N �� f .SEAL- o3 �:SS1LL:�s W� yr air .'�i' � i7 qni' * � T2s ,,, c� ��yk......�Lt e•.'•.. :`a r e el• a 1 1� State of Connecticut By: City of Hartford ss. /Geo,999Thompson, enior ice 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 In Witness Whereof,I hereunto set my hand and official seal. TAA My Commission expires the 30th day of June,2011. I400 k 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.INYAL41)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 Attomeys-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. I,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 20 07 Kori M.Johans Assistant Secretary G/.SUq �}t��((•,, �1RFTf• F\RE 6 iO 2d3'`yOa1 P9PO8gf2`�"'J�La;c+ 1i4�9°�naT��o zd wC1�9FO5RA1iFDG�F NNER I4�TC4''J1�.r�LouSxmN�tyGOEA'm �fP�/�.at\F5 19;7 P.» 192] O.A.R.A/1Af:1�)G��a9�1:o'C+3 Y�Qsr4'Ji,i'.P`S,•�.,,..—P1..NO...SR_..AU...'TTP�q,':4.nD p°�,i' W�PaJH)A�CRlOTY FRAONNR.pDS,Gaqt:< S.}��t.��4Wt4CWaO..N`wNg`nf.$ALaaLr 0F .......1r j 8Y9 6¢ o 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