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HomeMy WebLinkAboutMINUTES - 04042006 - C.5 TO: BOARD OF SUPERVISORS -� Contra _ FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR o Eg CostaC .50" DATE: April 4, 2006 County rT'9 COU NTS SUBJECT: Approving the Second Extension of the Right of Way Landscape Agreement for RA 02-01124,San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ 15ro for RA 02-01124, approving the Second Extension of the Right of Way Landscape 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 Right of Way Landscape agreement extension has expired. CONSEQUENCES OF NEGATIVE ACTION: The Right of Way Landscape agreement extension will not be renewed. Continued on Attachment: 1/ SIGNATURE: 4' ` _✓RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE . KPPROVE OTHER SIGNATURE (S): ACTION OF BOtp ON 7 O APPROVED AS RECOMMENDED OTHER V VE OF SUPERVISORS ♦/ UNANIMOUS(ABSENT 141077 6/' I hereby certify that this is a true and correct AYES: NOES:_ copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. LL:rm G:\GrpData\EngSvc\60\2006\04-04\RA 02-01124 BO-11 LS.doc Originator: Public Works(ES) C 49 ATTESTED: X-,� do7' �a Contact: Teri Ric(313-2363) � "2" Bond No/Date:ST2234,August 14,2002 cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development T—'October 3,2007 Supervisors and County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite Soo San Ramon,CA 94583 Attn:Brian Olin St.Paul Fire and Marine Insurance Company By , Deputy 19325 Sky Park Court,Suite 220 San Diego,CA 92123 Atm:Jane Kepner i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 4, 2006 by the following vote: AYES: Uilkema, Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ A67i! SUBJECT: Approving the Second Extension of the Right of Way Landscape Agreement for RA 02-01124, San Ramon (Dougherty Valley) area. (District Ill) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Right of Way Landscape Agreement between Windemere BLC Land Company, LLC and the County for construction of certain improvements in RA 02- 01124, in the San Ramon(Dougherty Valley) area, through December 3, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: April 2006 ♦ REASON FOR EXTENSION: The project is in warranty period and the Agreement.has expired. TT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LL:m, I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\2006\04-04\RA 02-01124 BO-1I LS.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: Teri Ric(313-2363) Bond No/Date:ST2234,August 14,2002 G cc: Public Works—Construction ATTESTED: Current Planning,Conununity Development JOHN CULLE14, Clerk of the Board of Supervisors and County T—October 3,2007 Windemere BLC Land Company,LLC Administrator 6121 Bollinger Canyon Road Suite 500 San Ramon,CA 94563 Atm:Brian Olin S[.Paul Fire and Marine Insurance Company By ,Deputy 9325 Sky Park Court,Suite 220 � San Diego,CA 92123 Atm:Jane Kepner RESOLUTION NO.2006/ I i` CONTRA COSTA COUNTY RIGHT-O&WAY LANDSCAPE AGREEMENT EXTENSION Development Number: RA02-01124 Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 3,2002 2nd Extension New Termination Date: December 3,20 Improvement Security Surety: St.Paul Fire and Marine Insurance Company Bond Number No. (Date): ST 2234 (August 14,2002) Security Type Security Amount Cash: $ 8,291.00 (1% cash, $1,000 Min.) Bond: $ 820,809.00 (Performance) $ 414,550.00 (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: Dated: November 22, 2005 ( See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shin, Public Works Director y: �� Printed 11717Alt� VVV Developer's Signature(s) RECOMMENDED FOR APPROVAL: By:' Printed (Eng' eer n eryices Division) 25 Enterprise Aliso Viejo, CA 92656 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 Die o, CA 92123 PUPM N'PNOVM w«.,J.w�.c.ry C.� Add S After Approval Return to Clerk of the Board _ A rney in Facts Signaure Jane Kepner Printed I 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. J,& Greg Pomi,Vic President By: 1. t Dee Baker,Assistant Secretary I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On December 6, 2005 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official se I. DINAPRINTY Commission#1453610 emycomm.Notary Public-California Orange County Expires Nov 28,2007 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 SIGNER IS REPRESENTING: Greg Pomi —Vice President Lennar Homes of California. Inc. Dee Baker- Assistant. Secretary Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Contra Costa County Subdivision Right-of-Way Landscape Agreement Extension for Surety Bond No.ST 2234 Number of Pages: Two (2) Date of Document: November 22, 2005 Signers (other than those named above): Jane Kepner CALIFORNIA AIL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On November 22 2005 before me, Rosa Estela Rivas,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Jane Kepner NAME(S)OF SIGNER(S) ® 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 acknowledged 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. ROSA ESTELA RIVAS F a COMM.# 1447661 NOTARY PUBLIC CALIFORNIA WITNESS my hand and official seal. ORANGE COUNTY My comm.ex fires Oct.28,2007 r�P "ill+ SIGNATURE� cOF 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/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Tl�ePdU� POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power ofAttornev No. 22775 Certificate No. 1401681 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St. Paul Fire and Marine Insurance Company,SL Paul Guardian Insurance Company and SC Paul Mercury Insurance Company arc corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and 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,Rhonda C. Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan of the City of Costa Mesa ,State California ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments 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. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October , 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company ef(E CSE PETER W.CARMAN,Vice President jto'49nucc°� t1 ii...-.•�•t' AtN y 1� '�� State of Maryland / City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 4th day of October 2001 , before me, the undersigned officer,personally appeared Peter W. Carman and Thomas E. Huibrcgtse,who acknowledged themselves to be the Vice President and Assistant Secretary, respectively,of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. _-e. /, �� e" NOTgR Z o In Witness Whereof,I hereunto set my hand and official seal. p V m UBUC My Commission expires the Ist day of July,2006. 4ogE cTv�O REBECCA EASLEYONOKALA,Notary Public i I 86203 Rev.7.2002 Printed in U.S.A. T is Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire ELI nd Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effectreading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating toII said business may be signed,executed,and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the C�mpany,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and die seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes oply of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,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 1he�tecuted and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to Ihich it is validly attached;and RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and, in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seat of the Company to any and all bonds and undertakings,and other xeWings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an xecutive Officer and sealed and attested to by the Secretary of the Company. I,Thlomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St. laul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.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 ffect and has not been revoked. I IN TESTIMONY WHEREOF,I hereunto set my hand this 22nd day of November 2005 ' 1927 SEALio^ ;saga:; N 896 1977 1951 Thomas E.Huibregtse,Assistant Secretary To l erify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Attorney clerk Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the power is attached. 'Iw CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On ,before me, Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC' in the data below,doing so may prove invaluable to persons relying on the document. personally appeared NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL ❑❑ personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed TITLE(S) to the within instrument and acknowledged to me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED his/her/their authorized capacity(ies),and that by El GENERAL his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS my hand and official seal, ❑ ❑ OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES)I ❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. Il. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute Instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors."