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HomeMy WebLinkAboutMINUTES - 04252006 - C.16 TO: BOARD OF SUPERVISORS j =�� Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: April 25, 2006 °oS County rA cotiN SUBJECT: Approving the First Extension of the Subdivision Agreement for SD 00-08156(cross-reference SD 95-07976), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ ' 6 for SD 00-08156 (cross-reference SD 95-07976), approving the First Extension of the Subdivision Agreement for prof ect 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 Subdivision Agreement has expired and the surety company has changed. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement will not be renewed. Continued on Attachment: �� SIGNATURE: I ✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ./ PPROVE OTHER SIGNATURE (S). ACTION OF BOA ON .R707/oLV'~ o94L,04 APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS _I UNANIMOUS(ABSENT I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: I minutes of the Board of Supervisors on the EH:rm G:\GrpData\EngSvc\BO\2006\04-25\SD 00-08156 BO-1 Ldoc date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) Bond No/Date:SU6000921(August 8,2002) cc: Public Works—Constructionr�/ f.� 0 mm Current Planning,Connity Developm � ent ATTESTED: /� fe October,2007 Wi JOHN CULLEN, Clerk of the Board of Windemere BC.0 Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 Supervisors and County Administrator San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Cortgany 135 N.Los Robles Ave.,,Suite 825 Pasadena,CA 91101 By , Deputy Atm:Rosa E.Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 251 2006 by the following vote: AYES: Uilkema, PieP ho,DeSaidnie'r, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ 4 SUBJECT: Approving the First Extension of the Subdivision Agreement for SD 00-08156 (cross-reference SD 95-07976), San Ramon(Dougherty Valley) area. (District 111) The Public Works Director,having recommended that he be authorized to execute the first agreement extension which extends the Subdivision Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in SD 00-08156,in the San Ramon (Dougherty Valley) area, through December 3, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% s ANTICIPATED DATE ti COMPLETION: April 2006 ♦ REASON FOR EXTENSION: Project is complete but needs the Subdivision Agreement extended throughout the oI e year warranty period and the surety company has changed. IT IS BY THE BOARD RESOLVED SOLVED that the recommendation of the Public Works Director is APPROVED. ER:mn I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\2006\04-25\SD 00-09156BO-1l.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: Teri Ric(313-2363) Y Bond No/Date:SU6000921(August 8,2002) cc: Public Works-Construction ATTESTED: Current Planning,Community Development T—October,2007 I JOHN CULLEN, Clerk of the Board of Supervisors and County Windemere BLC Land Company,LLC Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Ave.,,Suite 825 By ,Deputy Pasadena,CA 91101 Attn:Rosa E.Rivas RESOLUTION NO.2006/ I CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION I Development Number: Sub 00-08156 Developer: Windemere BLC Land COmpany,LLC Original Agreement Date: December 03, 2002 1st Extension New Termination Date: December 03, 200 '::� Improvement Security Surety: Arch Insurance Company Bond Number No. (Date): SU6000921 (Aug. 8,2002) Security Type Security Amount Cash: $ 14,990.00(1% cash, $1,000 Min.) Bond: $ 1,484,010.00 (Performance) J $ 749,000.00 (Labor & Material) The Developer and the Surety desire this jAgreement to be extended through the above date;and Contra Costa County and said Surety hereby agree-thereto and acknowledge same. Dated: j Dated: February 16, 2006 (see attached signature page) FOR CONTRA COSTA COUNTY + Developer's Signature(s) Maurice M. hiu, Public or s Di t By: Printed Developer's Signature(s) RECOMMENDED FOR APP `,: By: Printed (Engineering ick 6i ion) 25 Enterprise Aliso Vieio, CA 92656 Address Arch Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 135 N. Los Robles Ave., Suite 825 Pasadena, CA 91101 FORM APPROVED:Vidor J.WN%ium,Uumry Cmmsd Address After Amroval Return to Clerk of the Board Attorney in Facts Signature Rosa E.Rivas _ Printed Bond No.SU6000921 WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By: LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Me nber By: LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: David Evans, V' ce President By: Pa1 qltn Dee Baker, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 17, 2006 before me, Dina Printy, Notary Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or,the entity upon behalf of which the person acted, executed the instrument,. RINTY Witness m hand and official seal. oi my Commisssiionn## 1453610 z ` Z amy Notary Public•California 5 i' ZOrange County 1 Comm.Expires Nov 28,2007 J J 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 SIGNIJ+ER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California, Inc. I I DESC�RIPTON OF ATTACHED DOCUMENT Type of Document: Contra CI sta Countv Subdivision Agreement Extension for Surety Bond No. SU6000921+ Number of Pages: Two (2) I Date of Document: Februa 116, 2006 Signers (other than those named above):Rosa E. Rivas C 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 20, 2006 before me, Dina Printy, Notary Public, personally appeared Dee Baker, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. I 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. I CAPACITY CLAIMED BY SIGNERSIGNER IS REPRESENTING: Corporate Officer—Asst. Secretary Lennar Homes of California, Inc. I DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Contra Cl+osta County Subdivision Agreement Extension for Surety Bond No. SU6000921 Number of Pages: Two 2 Date of Document: February 16, 2006 Signers (other than those named above): Rosa E. Rivas, David Evans CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On February 16 2006 bef Ire me, J. Barragan,Notary Public DATE i NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rosa E. Rivas NAME(S)OF SIGNER(S) ® personally known to me - OR- E] 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 acknowledged to me that he/she/they executed the same in d. his/her/their authorized capacity(ies), and that by his/her/their 016351 8 signatures) on the instrument the person(s), or the entity upon P�OatY behalf of which the person(s) acted, executed the instrument. Wry .✓fin 8.201, WITN han a official seal. NATURE OF NOTARY 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 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP POWER OF ATTORNEY Know All Men By These Presents: 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(herein+after referred to as the"Company") does hereby appoint Rhonda C. Abel, Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelle Rheault, Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine CA(EACH) its true and lawful Attorney(s)-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 all 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,l eeh'duly executed and acknowledged by its regularly elected officers at Its principal office in Kansas City,Missouri. 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, th I 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 lof 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 f'or acceptance of process" This Power of Attorney 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 Vice President,the seal of the Company, and certifications by the Vice President, 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. OOMLOO13 00 03 03 Page 1 of 2 Printed In U.S.A. I In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 14th day of June 2005 Arch Insurance Company Attested and Certified �$ytOnce 0 CWiOMTE 6i SEAI 1971 ' J Ntssoed �`�'� •`%4G� Mary Jea a An rson, ' e President Edward M.Titus,Vice President STATEOF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS ---.- I, I<ste Marcinkus, a Notary Public, do hereby certify that Edward M.Titus and i iary-Jeanne-Anuorson personally known to me to be the same persons whose names are Vice Presidents 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 and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL y/y KATHLEEN MARCINKLIS,Notary Public City of Philadelphia,PNIa.County Kathleen Marcinkus,N tary Public My Comnession Expires February 25,2006 My commission expires 2-25-06 CERTIFICATION 1, Mary Jeanne Anderson, Vice President of th, Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14, 2005 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 duty elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF,,I have hereunto subscribed my name and ixe a orates Arch Insurance Company on this 16th day of February PO 06 Ma*ndertakings on,Vice President This Power of Attorney limits the acts of those named therein to the bonds andpecifically 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 $fiance�o 4 COBEOEATE SEAL ^� 1971 ;, Mklanri OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A. I 4 d ". Insurance Group Arch Contractors &Developers Group, 135 N. Los Robles Ave., Ste. 825, Pasadena, CA 91101 February 7, 2006 County of Contra Costa 255 Glacier Drive Martinez, CA 94553-4897 RE: Bond Number #3SM04770100 This letter is to verify that our company has resumed the above Performance and Payment Bond issued by American Motorists Insurance Company. (Below are the details of said bond. Bond Number: SU6000921 replaced bond # 3SM04770100 Type: Performance and Payment Amount: $1,484,010.00 Obligee: County of Contra Costa Principal: Windemere BLC Land Company, LLC Description: Tract 8156 Phase 113 Attorney—in-Fact: Rachelle Rheault Should you have any further questions please contact us. Sincerely, Rosa E. Rivas, Attorney-in-Fact A'r'ch Company Underwriting Department CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On February 7 2006 before me, J. Barragan,Notary Public DATEi NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rosa E. Rivas NAME(S)0 F SIGNER(S) ® personally known to me -OR- 0 proved to me.ori the basis of satisfactory evidence 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 f his/her/their authorized capacity(ies), and that by his/her/their COlr t6SNOW40 signature(s) on the instrument the person(s), or the entity upon PSotay t§LaRc-CalHot►tt� behalf of which the person(s) acted, executed the instrument. 4tAy co��� WIZAd y ha an official seal. c SIGNATURE OF NOTARY r 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) I SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 I POWER OF ATTORNEY Know All Men By These Presents: 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,Ashley Ward, Grace Reza and Rosa E. Rivas 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.be q duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by autholity 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: NOTED, That the Chairman of the Board, tY�e 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 Attorney 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 Vice President, the seal of the Company, and certifications by the Vice President, 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. 00MI-0013 00 03 03 Page 1 of 2 Printed in U.S.A. I