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HomeMy WebLinkAboutMINUTES - 05022006 - C.14 TO: BOARD OF SUPERVISORS ;�'- =_F, ontra Costa FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR DATE: May 2, 2006 '°os >q �oiN County SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 00-08152, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006IJ-1s for project being developed by Windemere BLC Land Company, LLC, approving the Third Extension of the Subdivision Agreement for Subdivision 00-08152, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision Agreement extension has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision agreement extension will not be renewed. Continued on Attachment: / SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE -OPROVE OTHER SIGNATURES ACTION OF B 7 ON 40 APPROVED AS RECOMMENDED Ll OTHER I hereby certify that this is a true and correct VOT�P �SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT Da?v minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: \ G:\GrpData\EngSvc\BO\2006\05-02\SD \GpData\EngSvc\BO\2006\OS-02\SD 00-08152 BO-1 l.doc ATTESTED: Originator: Public Works(BS) JOHN CULLEN, CYerk of the Board of Contact: T.Rie(313-2363) Supervisors and County Administrator Bond No[Date:11133599230(November 30,2001) cc: Public Works—Construction Current Planning,Community Development T—December 12,2006 Windemere BLC Land Company,LLC ByDeputy 6121 Bollinger Canyon Rd.,Suite 500 ' San Ramon,CA 94583 ATTN: Brian Olin The American Insurance Company 777 San Marin Drive Novato,CA 94998 ATTN: Cindy Than Figuenedo THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 2, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaolnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ -� SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 00- 08152, San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the Subdivision Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Subdivision 00-08152, in the San Ramon(Dougherty Valley) area, through February 12, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: February 2007 ♦ REASON FOR EXTENSION: Project starting warranty period. Renewal agreement extension expired IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. TR:kg I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\2006\05-02\SD 00-08152 BO-1 l.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Rie(313-2363) N,/A Bond No/Date:11133599230(November 30,2001) �' Q.,O cc: Public Works—Construction ATTESTED: _ Current Planning,Community Development JOHN CULLEN, ClerY of the Board of Supervisors and County T—December 12,2006 Windemere BLC Land Company,LLC Administrator 6121 Bollinger Canyon Rd.,Suite 500 San Ramon,CA 94583 ATTN: Brian Olin The American Insurance Company ByAw� ,Deputy 777 San Marin Drive Novato,CA 94998 ATTN: Cindy Thun Figueiredo RESOLUTION NO.2006/ p�3� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Sub 00-08152 Developer: Windemere BLC Land Company,LLC Original Agreement Date: February 12,2002 Third Extension New Termination Date: February 12,2907' Z60$ '9 Improvement Security Surety: The American Insurance Company Bond Number No. (Date): 11133599230(November 30,2001) Security Type Security Amount Cash: $8,200.00 (1% cash,$1,000 Min.) Bond Rider: $ 122,130.00 (Performance) $411,200.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety here gree er to and acknowledge same. Dated: B Dated: Il/Z3 i (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shin, Public Works Dire or By: Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: Printed (Enginel(ng Qvices Division) 25 Enterprise Aliso Viejo CA 92656 Address —(titt kme4iwlyll MISuV&V1LCey (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) '7'17 Sc.v.MAvA)wgv` Clk aCiC6S- FORM MPROVED Address 9 After Approval Return to Clerk of the Board 1,,r— Attorney ,Attorney in Facts Signature Printed Resident Assistant Secretary 1 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:_ 0144", Greg Pomi,Vi e President By: `Z_& Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On December 6, 2005 before me, Dina Prints, 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. hand and official se DINA PRINK J �- Commission#1453610 G�GC Lot; Notary Public-California Orange 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 Agreement Extension for Surety Bond No. 11133599230 Number of Pages: Two (2) Date of Document: November 23, 2005 Signers (other than those named above): Cindy Thun Figueiredo ACKNOWLEDGEMENT State of California County of Marin } ss. On November 23, 2005, before me, Kristin A. Gazzoli, Notary Public, personally appeared Cindy Thun Fiaueiredo, 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 i,Ie/she/#+" executed the same in 4iWher/# w#authorized capacity(ies), and that by f:+s/her/#r w#signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE (seal) ristin A. G r KRISTIN A.GAllOLI D 0 „& COMM. 01486119 .� NOTARY PUBLIC-CALIFORNIA MARIN COUNTY O `l My Comm.Expires APRIL 29,2008 '� FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Cindy Thun Figueiredo of Novato, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repeated: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 02 day of November 2001 n �[[[. 0-11" FIREMAN'S FUND INSURANCE MPANY c, � � .�:•.• NATIONAL SURETY CO RATION Ga r �'oS E A Ls_ THE AMERICAN INSURAN COMPANY z aErEasroASSOCIATED INDEMNTIY RATION `�bjaO�y AMERICAN MOBILE INS COMPANY STATE OF CALIFORNIA SS. By COUNTY OF MARIN } Y esident On this 02 dayof November , 2001 beforernepersonally e Harold .N_. Marsh to me known,who,being by me duly sworn,did depose and say:that he is a Vice President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the,day and year herein first above written. r KRISTIN A.GAZZOLI D COMM.91262236 Q. ti NOTARY PUBUC•CAUFORNU MARIN COUNTY 0 My Comm.Expires Mau 20.2004 .4 STATE OF CALIFORNIA 1 SS. CERTIFICATE N COUNTY OF MARIN f L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VI of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the, day of Z iEPESiN " ' • � (BEA LI ) ' V wN 6Jy C t INCE N`[ "4CE G° Resident Assistant Secretary , 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 rill 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-0❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the persons)whose name(s)is/are subscribed TULE(s) to the within instrument and acknowledged to me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED his/her/tbeir authorized capacity(ies),and that by ❑ ❑ 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) persons)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS my hand and official seal, 0 ❑ OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY I NAME OF PERSON(S)OR ENTITY(JES)) ❑❑ 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. 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 a 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: 11 ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors."