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HomeMy WebLinkAboutMINUTES - 04042006 - C.7 TO: BOARD OF SUPERVISORS _� sE L - Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: April 4, 2006 a (oij, County SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape)Agreement for SD 01-081$3, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ ��'8 for SD 01-08153,approving the Second Extension of the Subdivision(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 Subdivision(Right of Way Landscape)Agreement extension has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision (Right of Way Landscape) Agreement extension will not be renewed. Continued on Attachment: SIGNATURE: ` ` L.-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ i,PPROVE OTHER SIGNATURES : ACTION OF BO ON y' m APPROVED AS RECOMMENDED OTHER VO;PI OF SUPERVISORS I hereby certify that this is a true and correct ►/ UNANIMOUS(ABSENT /f/077y copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date Shown. LL:nn G:\GtpData\EngSvc\BO\2006\04-04\SD 01-08153 BO-1l.doc Originator: Public Works(ES) r// Contact: Teri Rie(313-2363) ATTESTED: Bond No/Date:-PST 22 August 2002 JOHN CULLEN, Clerk of the Board of cc: -Public Works Construction Current Planning,Community Development Supervisors and Count Administrator T—October 3,2007 P Y Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Brian Olin B e Ut St.Paul Fire and Marine Insurance Company Y I) Y 9325 Sky Park Court,Ste 220 San Diego,CA 92123 Atm:Rhonda C.Abel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 4, 2006 by the following vote: AYES: Uilkema,Piepho,DeSahilnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ J !�*r SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape) Agreement for SD 01-08153, 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(Right of Way Landscape)Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in SD 01-08153, in the San Ramon(Dougherty Valley) area, through December 3, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: March 2007 ♦ REASON FOR EXTENSION: The project is in construction and the renewal agreement extension has expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LL:nn G:\GrpData\EngSvc\BO\2006\04-04\SD 01-08153 BO-1 Ldoc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Teri Ric(313-2363) shown. Bond No/Date:ST 2230,August 14,2002 cc: Public Works–Construction Q /' Current Planning,Corununity Development4 ATTESTED: �! �'/� 4��""'c T–October 3,2007 a Windemere BLC Land Company,LLC JOHN CULLEN, Clerk of the Board of Supervisors and County 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Administrator Attn:Brian Olin St Paul Fire and Marine Insurance Company 9325 Sky Park Court,Ste 220 San Diego,CA 92123ty Atm:Rhonda C.Abel y�'—��T ' Deputy RESOLUTION NO.2006/ ��� CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: Sub 01-08153 Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 03,2002 2nd Extension New Termination Date: December 03,2008 Improvement Security Surety: St.Paul Fire and Marine Insurance Company Bond Number No. (Date): ST 2230 (August 14,2002) Security Type Security Amount Cash: $ 1,000.00(1% cash,$1,000 Min.) Bond: $ 16,500.00(Performance) $8,750.00 (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. S Public Works Director By: �� Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: gt tN Printed (Engin rin S rvices Division) 25 Enterprise Align Vi aior CA 97656 Address St. Paul Fir•ec 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 PoftM APPRO VED.victor].wcsvruv,•Cuwiv Gcw cl Address . f After Approval Return to Clerk of the Ro rd e _ Cy Attorney in Facts Signature RhondaC. Abel Printed 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: A41IX Greg NO,Ace'President By: tLt' 6a'o' Dee Baker,Assistant Secretary 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. DiNs my hand and official seal Commiissionniasss10 I - Z@my Notary Public-California z ZOrange County Comm.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 2230 Number of Pages: Two (2) Date of Document: November 22, 2005 Signers (other than those named above): Rhonda C. Abel C•ALIFORNIAALL-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 Rhonda C. Abel 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. AOSAESTEL %RIVAS F a COMM.#1447661 WITNESS my hand and official seal. � NOTARY PUBLIC CALIFORNIA o ORANGE COUNTY ^' J� My comm expires Oct•28,2007 C SIGNATURE 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/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 me&ph�a uI 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 of Attorney No. 22775 Certificate No. 1401686 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,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are 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 Fidlity 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 er(E \ymPPPORRJ,e ,"• — (;IT8g '� 19]7 �,t� PETER W CARMAN,Vice President °�hom State of Maryland � ����� City of Baltimore THOMAS E.HUIBRECTSE,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. M b �� "U/^7'K�w In Witness Whereof,I hereunto set my hand and official seal. 9 �BUQV My Commission expires the 1st day of July,2006. �O REBECCA EASLEY-ONOKALA,Notary Public �Citi 86203 Rev.7-2002 Printed in U.S.A. This 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 F re and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, F delity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(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 Company,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 the 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 only 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 executed 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 which it is validly attached;and RESOLVED FURTHER,that Attomey(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 seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and seated and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary 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 Utderwriters,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 at d effect and has not been revoked. I TESTIMONY WHEREOF,I hereunto set my hand this 22nd day of November 2005 $WE/Y f\0.E M IMS 11X4Ugq 1V(Y'•G * 9 �ri,RX>OR 1 �iVORgl:P � v 927 Na # �- �:SEALfjen ;•ssxL� � tess�p� 1977tEr 1951 Thomas E.Huibregtse,Assistant Secretary To verify 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. St Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company �y all Phut Sur* St Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Seaboard Surety Company St.Paul Medical Liability Insurance Company Bond No. ST 2230 RIDER CONTAINING DISCLOSURE.NOTICE OF TERRORISM COVERAGE This disclosure notice. is. required by. the Terrorism Risk Insurance. Act of 2002. No action is required on your part. .This Disclosure Notice is incorporated in and a part of the.attached bond. You should know that, effective. November 26, 2002, any losses caused by certified acts of terrorism would be partially reimbursed by the. United States under a formula established. by. the Terrorism. Risk Insurance Act of 2002. Under this formula, the United. States reimburses 90% of covered terrorism losses exceeding the statutorily established.deductible paid by the insurance company providing the coverage. There is a cap on our liability to. pay for such losses if the. aggregate amount of insured losses under the Act exceeds $100,000,000,000.during the applicable period. for all insured and all insurers. combined. In that case,. we will. not be liable. for the payment of any amount which exceeds that aggregate amount of$100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM IS CHARGED ANNUALLY. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BV SIGNER On ,before me, Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.,"DAME DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable personally appeared to persons relying on the document. NAME(S)OF SIGNERS) ❑ ❑ INDIVIDUAL ❑❑ personally known to me-OR-0❑ provided to me on the basis of satisfactory evidence to 0 ❑ 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 ❑ ❑ GENERAL his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT persons)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) persons)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS my hand and official seal, 0 ❑ OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY t 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 Latrach relying onthe document and could prevent fraudulent Signer(s)Other Than Named Above ent 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. 11. 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. III. 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 resolution of the Board of Directors authorizing theerson 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."