The URL can be used to link to this page

Home My WebLink AboutMINUTES - 05022006 - C.16 . gill colt* G TO: BOARD OF SUPERVISORS '``-�—-� �—�`�' Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa o �ue g DATE: May 2, 2006 County SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 99-08154, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ,, � ADOPT Resolution No. 2006/ Z$ for Subdivision 99-08154,approving the Third Extension of the Subdivision Agreement for proj ect being developed by Windemere BLC Land Company,San Ramon(Dougherty Valley)area. (District 111) 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: ✓IfECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER SIGNATURE (S). ACTION OF BO ON 07 APPROVED AS RECOMMENDED OTHER VQT�OFSUPE SORS UNANIMOUS(ABSENT O»v' ) 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 TR:kg date shown. G:\GrpData\EngSvc\BO\2006\05-02\SD 99-08154 BO-I l.doc Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED: Bond No/Date:111 335 99 222(November 30,2001) p cc: Public Works-Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development Supervisors and County Administrator T—December 12,2007 Brian Olin Windemere BLC Land Company 6121 Bollinger Canyon Rd.,Suite 500 San Pu nem,CA 94583 By Deputy . Cindy neat Figueiredo The American Insurance Company 777 San Marin Drive Novato,CA 94998 w THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 2, 2006 by the following vote: AYES: Uilkema,Piepho, DeSanlnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ oG�Jr SUBJECT: Approving the Third Extension of the Subdivision Agreement for Subdivision 99- 08154, 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 and the County for construction of certain improvements in Subdivision 99-08154,in the San Ramon(Dougherty Valley) area, through February 12, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: September 2006 ♦ REASON.FOR EXTENSION: Project in warranty period. Renewal agreement extension expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken TR:kg and entered on the minutes of the Board of Supervisors on the date G:\GrpDatalEugSvclBOt2006105-021SD 99-08154 BO-1 Ldoc Shown. Originator: Public Works(ES) / 4e, Contact: T,Ric(313-2363) ATTESTED:_ / ' F Bond No/Date:111 335 99 222(November 30,2001) JOHN CULLEN, erk of the Board of Supervisors and County cc: PublicWorks—Construction Administrator Current Planning,Commmtity Development T—December 12,2007 Brian Olin W indemere BLC Land Company 6121 Bollinger Canyon Rd.,Suite 500 By Z wf —A�A� ,Deputy San Ramon,CA 94583 Cindy Thun Figueiredo The American Insurance Company 777 San Marin Drive Novato,CA 94998 RESOLUTION NO.2006/ old CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Sub 99-08154 (x-ref 7976) Developer: Windemere Land Company,LLC Original Agreement Date: February 12,2002 3rd Extension New Termination Date: February 12,2-8892Wg 411r, Improvement Security Surety: The American Insurance Company Bond Number No. (Date): 111 335 99 222, (November 30,2001) Security Type Security Amount Cash: $ 8,600.00 (1% cash,$1,000 Min.) Bond Rider: $ 127,000.00 (Performance) $427,750.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree-thereto and acknowledge same. Dated: 41W_4 &4 Dated: ttl Z 360 (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu, Public War s Dir By: Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: Q By: Printed (Engiyfeeritoervices Division) 25 Enterprise Aliso Viejo, CA 92656 _ Address —At A teYica.)^ amutVattce- �ovwxMv (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) `1'11 .$•ay. NUvi v� l�r . . Novoofo (A 916e1V FORM"PROVED.Vim,J.Wessman.CowryC..] Address ///`�/ � ql/L) A(terAanroval Return to Clerk of the Board ( / / "'� Attorney in Facts Signatur Cindy Thun Figueiredo Printed Resident Assistant Secretary 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: Greg Po i,Vile President By: 2 ,v� 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. Wi ss my hand and official seal. DINA PRINTY Commission# 1453610 Notary Public-California Orange County — My 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.111 3359 9222 Number of Pages: Two (2) Date of Document: November 23, 2005 Signers (other than those named above): Cindy Thun Fiqueiredo ACKNOWLEDGEMENT State of California County of Marin } ss. On November 23. 2005, before me, Kristin A. Gazzoli, Notary Public, personally appeared Cindy Thun Figueiredo, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/eye subscribed to the within instrument and acknowledged to me that 4ie/she/lhey executed the same in Ns/her/theif authorized capacity(ies), and that by 4is/her/#lie4 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 z o es KRISTIN A.GAZZOLI a COMM. N1486119 D NOiARZ,%% =ORNIA O 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 FUTMAN'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 Attomey(s)-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,scaled with the corporate scats 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 repealed: "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 pO Cpp �ecsur,@ EN/�r.r ft, .��"":,R,c* "u FIREMAN'S FUND INSURANCE MPANY J rG �'..: � _�.;—.��y�= NATIONAL SURETY CO RATION �."f w s= THE AMERICAN INSURAN OMPANY Z SE�.ie o ASSOCIATED INDEMNITY RATION AMERICAN MOBILE INS COMPANY STATE OF CALIFORNIA 1 SS. BY COUNTY OF MARIN U v I - widen On this 02 day of November , 2001 ,beforemepersonally e Harold .N_. Marsh to me known,who,being by me duly swom,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. KRISTIN A GAZZOLI COMM.#1262236 d NOTARY PUBLIC-CALIFORNIA MARIN COUNTY 0 MY Comm.Expires W 22.2004 1 STATE OF CALIFORNIA1 SS. CERTIFICATE Nr t COUNTY OF MARIN J 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 VII 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 c2- 3 day of /Vf 1 ✓ .�CJu _•��`-.�•sE��.r.r.,r,' +yf.•.!tl�tN9tEN %S MCF 4.f Ni �— R�esidnt Assistant Se �etralJy , e 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 611 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)OFSIGNER(S) ❑ ❑ INDIVIDUAL ❑❑ personally known to me-OR-110 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 ❑ ❑ GENERAL his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT person(s)or the entity upon behalf of which the 0 ❑ TRUSTEE(S) person(s)acted,executed the instrument. 0 ❑ GUARDIAN/CONSERVATOR WITNESS my hand and official seal, ❑ ❑ OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES)I 00 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. 1. 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. II. 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. TV. 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."