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Home My WebLink AboutMINUTES - 05022006 - C.18 TO: BOARD OF SUPERVISORS `�'- -_ Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR _/ x C«� -iiiuE -;2 OSta DATE: May 2, 2006 °o cPY�¢ s>A C6U County SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 00-08157, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Subdivision 00-08157, approving the Second Extension of the Subdivision Agreement for a 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 Agreement extension has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement extension will not be renewed. Continued on Attachment: ✓ SIGNATURE: '�^�- _L,RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE YAYPROVE OTHER SIGNATURES ACTION OF BOV ON d APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VOPIKIF SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: TR:kg D A G\GrpDatalEngSvclBOl2006105-024SD 00-08157 BOA Ldoc ATTESTED: "G Originator: Public Works(ES) Contact: T.Rie(313-2363) JOHN CULLEN, Jerk of the Board of Bond No/Date:1112750 7587(February 12,2002) Supervisors and County Administrator cc: Public Works-Construction Current Planning,Community Development T-January 19,2008 W indemere BLC Land Company,LLC 6121 Bollinger Canyon Rd.,Suite 500 San Ramon,CA 94583 By , Deputy . ATTN: Brian Olin The American Insurance Company 777 San Marin Drive Novato,CA 94998 ATTN: Cindy Thun Figueiredo THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 2, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ o2gj?� SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 00- 08157, 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 Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Subdivision 00-08157, in the San Ramon(Dougherty Valley) area, through March 19, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: February 2007 ♦ 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:\GrpData\EngSvc\BO\2006\05-02\SD 00-08157 BO-t l.doc shown. Originator: Public Works(ES) Contact: T.R (313-2363) Bond No/Date:1112750 7587(February 12,2002) ATTESTED: cc: Public Works Construction Current Planning,Cornrnunity Development JOHN CULLEN, Cler p of the Board of Supervisors and County T-January 19,2008 Administrator Windcmere BLC Land Company,LLC 6121 Bollinger Canyon Rd.,Suite 500 San Ramon,CA 94583 ATTN: Brian Olin ,� De ut The American Insurance Company By , p y 777 San Marin Drive Novato,CA 94998 ATTN: Cindy Thun Figueiredo RESOLUTION NO.2006/ Oes.;r CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Sub 00-08157 Developer: Windemere BLC Land Company Original Agreement Date: March 19,2002 2nd Extension New Termination Date: March 19,2ee17-2068' Improvement Security Surety: The American Insurance Company Bond Number No. (Date): 1112750 7587 (Feb. 12,2002) Security Type Security Amount Cash: $ 5,800.00 (1% cash, $1,000 Min.) Bond Rider: $86,400.00(Performance) $290,800.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Spr tyereby a r e the eto�nd acknowledge same. Dated: s/ 111p, C ' Dated: 't 12-15 46 If { *'r � ( See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu, Public Works it or By: w Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: Printed (Engineer/ng V ices Division) 25 Enterprise Aliso Viejo, CA 92656 Address At A .y &ymj (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized) FOw M'PaovED Address I\^/ \1', After Approval Return to Clerk of tire Boarder Attorney in Facts Signature Cind�l 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 Pomm, is resident By: liuA04n Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranqe 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 seal. DINAPRiNIy Commission# 1453610 ai Notary Public-California z 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 2750 7587 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 Figueiredo, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/efe subscribed to the within instrument and acknowledged to me that fhe/she/#key executed the same in 4iis/her/# ie# authorized capacity(+es), and that by. #is/her/4heif 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) Kristin A. Ga i r KRISTIN A.GAZZOLI D 0 COMM. #1486119 O NOTARY PUBLIC-CALIFORNIA O A - MARIN COUNTY `l My Comm.Expires APRIL 29,2009 '1, FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AU'T'OMOBILE 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 two 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 atl 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 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 ��"(� EEUElr, E.M'!'NS fG tit`�au:wciy �,� "`' FIREMAN'S FUND INSURANCE MPANY c � E� pa �.`;..••., °>; NATIONAL SURETY CO RATION 3.:_• '�: THE AMERICAN INSURAN COMPANY SFPL16ro ` ezr L:S= z •€ ASSOCIATIDINDEMNIIY RATION �,N �`y �'•........•a e+�Nc��`��< �`q'(NCE•Ga�< .r V AMERICAN MOBILE INS COMPANY STATE OF CALIFORNIA 1 SS. By COUNTY OF MARIN U Yi - esident On this 02 day of November ,2001 before me personally a 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.#1262236 Q. NOTARY PUBIC-CALIFORNIA MAR(N COUNTY O My Comm.Expires Apt"2G,2004 "t ' N r STATE OF CALIFORNIAl SS CERTIFICATE _ 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 Attorne�j,are now in force. Signed and sealed at the County of Marin. day of /U/� ✓ OG1S EEEEElII fNAN•s�(i ,(,t�ME1Pq._ �� Ci' t`t`..•"r�'4O �^'�VV �O ice\ 0 Nef N 4we`F ion Mart�' Resident Assistant Seactuy i 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 00 personally known to me-OR-0❑ provided to me on the basis of satisfactory evidence to 0 ❑ CORPORATE OFFICER(S) be the persons)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) 0 ❑ 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. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS my hand and official seal, ❑ ❑ OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY (NAME OF PERSON(S)OR ENTITY(IES)) ❑❑ 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. 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. 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."