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Home My WebLink AboutMINUTES - 05092006 - C.10 TO: BOARD OF SUPERVISORS tg. `} `�� Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORCosta DATE: May 9, 2006 ' �oU County SpA SUBJECT: Approving the First Extension of the Subdivision Agreement for Subdivision 01-08155,San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): J ADOPT Resolution No. 2006/for Subdivision 01-08155,approving the First Extension of the Subdivision Improvement 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): Subdivision Improvement Agreement has expired and the surety company has changed. I CONSEQUENCES OF NEGATIVE ACTION: Subdivision Improvement Agreement will not be renewed. Continued on Attachment: L/. SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER f SIGNATURE(S)- i ACTION OF B A ON O APPROVED AS RECOMMENDED OTHER I I hereby certify that this is a true and correct vOTE OF SUPERVISORSir-[� 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: \ G:Gr1GpDatalEngSvc1B012006105-091SD 01-08155 BO-1].doc ATTESTED: /%,v Vg, OU00— Originator: Public Works(ES) JOHN CULLS Jerk of the Board of Contact: T.Rik(313-2363) –Construction cc: Public Works–ConsWSupervisors and County Administrator Current Planning,Conmmnity Developrnent T–October 3,2007 W indemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 By , Deputy ATTN: Brian Olin Arch Insurance Company Surety or Financial Institution' 135 N.Los Robles Avenue,Suite 825 Pasadena,CA 91101 ATTN: Rosa E.Rivas • I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 9, 2006 by the following vote: AYES: Uilkema,Piepho, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Firs Extension of the Subdivision Agreement for Subdivision 01- 08155, San Ramonl(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the first agreement extension which extends the Subdivision Improvement Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Subdivision 01-08155, in the San Ramon(Dougherty Valley) area,through December 3, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: February 2007 ♦ REASON FOR EXTENSION: Project in construction. Subdivision Improvement i Agreement has expired and the surety company has changed. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. TR:kg G:\GrpData\EngSvc\BO\2006\05-09\SD 01-08155 BO-1 l.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(FS) and entered on the minutes of the Board of Supervisors on the date Contact: T.Ric(313-2363) cc: Public Works—Construction shown. Current Planning,Community Development T October 3, La Wim ndeere BLC Land Company,tl.e ATTESTED: /7 �/ �'G.•o+'C/� _ _ 6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, Clwt of the Board of Supervisors and County San Ramon,CA 94583 ATTN: Brian Olin Administrator Arch Insurance Company Surety or Financial Institution 135 N.Los Robles Avenue,Suite 825 Pasadena,CA 91101 ATTN: Rosa E.Rivas By— , Deputy RESOLUTION NO.2006/ �� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Sub 01-08155 Developer: Windemere BLC Land Company, LLC Original Agreement Date: December 03,2002 1st Extension New Termination Date: December 03,200,dn �� Improvement Security Surety: Arch Insurance Company Bond Number No. (Date): SU6000919 (Aug. 08,2002) fie vjD&51� 35Mo4:/- -70000 Security Type Security Amount Cash: $ 16,790.00 (1% cash, $1,000 Min.) Bond: { $ 1,662,210.00 (Performance) $839,500.00(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: JA Dated: February 16, 2006 (see attached signature bagel FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shin, Public Works Dire or By: Printed Developer's Signature(s) RECOMMENDED FQ APP By: (/ Printed (Engineerin ervices Division) 25 Enterprise Aliso Vieio, CA 92656 Address Arch Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized) 135 N. Los Robles Ave., Suite 825 Pasadena CA 91101 FORM APPROV ED:Vlcnor).Wu�xunwi,Coiwry Gnund Address After Approval Return to Clerk of the Boardc�;. Attorney in Facts Signature Rosa E.Rivas _ Printed Bond No.SU6000919 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 I By: David Evans, V e President r� By: l 41 Dee Baker, Assistant Secretary I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 17, 2006 before rne, Dina Prints, Notary Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. DINA PRINK W, nd and official s Commission#1453610 `z @my Notary Public-California z 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: Corporate Officer—Vice President Lennar Homes of California, Inc. i I DESCI IPTON OF ATTACHED DOCUMENT Type of Document: Contra Costa County Subdivision Agreement Extension for Surety Bond No. SU60009191 J Number of Pages: Two (2) 1 Date of Document: Februal 16, 2006 Signers (other than those named above):Rosa E. Rivas CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 20, 2006 before me, Dina Printy, Notary Public, personally appeared Dee Baker, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. hand and official eal. DANA PRINT c ) Commission#1453610 z e 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: I Corporate Officer—Asst. Secretary Lennar Homes of California, Inc. I 1 DESCIRIPTON OF ATTACHED DOCUMENT Type of Document: Contra Costa County Subdivision Agreement Extension for Surety Bond No. SU6000919 Number of Pages: Two 2 Date of Document: February 16, 2006 Signers (other than those named above): Rosa E. Rivas, David Evans CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On February 16 2006 before me, J. Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rosa E.Rivas 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 gnada» ► 1C 9S signature(s) on the instrument the person(s), or the entity upon twhowmv Cour�tl behalf of which the person(s) acted, executed the instrument. RAV Comm WITN my ha d a official seal. r IG E 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 HGENERAL ® 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 S4067/GE 2/98 O 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP . , POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company")does hereby appoint Rhonda C. Abel, Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelie Rheault, Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) its true and lawful Attorneys)-in-Fact, to...ake execute, seal;and deliver from the date of issuance of this power forand on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. --- - �.- This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth h Irein. The Company may revoke this appointment at iany time. The execution of such bonds and undertakings in pursuance-of these presents. shall be as binding upon the said Company as fully and amply to all intents and purposes,as if.the same lhad.6eeh`duly executed and acknowledged by its regularly elected officers at Its principal office in Kansas City,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, th I President, or any Vice President,.or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant.to the resolution adopted by the Board of Directors on March 3, 2003,and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed In U.S.A. Insurance Group Arch Contractors&Developers Group, 135 N. Los Robles Ave., Ste. 825, Pasadena, CA 91101 February 7, 2006 County of Contra Costa 255 Glacier Drive Martinez, CA 94553-4897 RE: Bond Number #3SM04770000 This letter is to verify that our company has resumed the above Performance and Payment Bond issued by American Motorists Insurance Company. Beow are the details of said bond. Bond Number: SU6000919 replaced bond # 3SM04770000 Type: Performance and Payment Amount: $1,662,210.00 Obligee: County of Contra Costa Principal: Windemere BLC Land Company, LLC Description: Tract 8155, Phase 16 Attorney—in-Fact: Rachelle Rheault Should you have any further questions please contact us. Sincerely, < Rosa E. Rivas, Attorney-in-Fact Arch Company Underwriting Department CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907 State of California County of Orange On February 7 2006 before me, J.Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rosa E.Rivas 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 1120 behalf of which the person(s) acted, executed the instrument. omw Caw* 01mv CW".Dow im 8.201 WITNESS my ha d official seal. SI RE OF NOTARY OPTIONAL Though the data below is not required law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIG LINER DESCRIPTION OF ATTACHED DOCUMENT F] INDIVIDUAL F] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) f [jPARTNER(S) LIMIITED H GENERAL F -1ATTORNEY-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 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 R t � POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C. Abel, Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault,Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) its true and lawful Attorneys)-in Fact, to make, execute, seal,and deliver from the date of issuance of this power'for and on its behalf as surety,and as its act and deed" Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seat and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance_of the8e..preSents. shall be as binding upon the said Company as fully and amply to all intents and purposes,as if.the Same had,tieeh1 duly executed and acknowledged by its regularly elected officers at Its principal office in Kansas City,Missouri. This Power of Attorney is executed by authority If resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President,.or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board o f Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant.to the resolution adopted by the Board of Directors on March 3, 2003,and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. I In Testimony Whereof,the Company has caused this Instrument to be signed and its corporate seal to be affixed b their P Y 9 P Y authorized officers,this 14th day of June i ;2005 Arch Insurance Company Attested and Certified CORPORATE �O SEAL 1971 Nisso9d r z Mary Je ,r a An rsonHi ,- ce President Edward M.Titus,Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I,Kate Marcinkus, a Notary Public,do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names lore Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before . me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINKLIS,Notary Public City of PhUadelphia,Phila.County Kathleen Marcinkus, N t�ary Public My Comnassion.Expires Februa 25,2006 My commission expires 2-25-06 CERTIFICATION I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attomey dated June 14, 2005 on behalf of the person(s)as listed above is a true and correct copy and that the same has been In full force and effect since the date thereof and is In full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who{executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and ixe *eorate s ftl Arch Insurance Companyonthis 7th day of Febraury ,20 061Maryerson,Vice President This Power of Attorney limits the acts of those named therein to the bonds ands specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors 81 Developers Group 135 N.Robles Ave.,Ste. 825 Pasadena,CA 91101 0 muao rArc 1 sou OOML0013 00 03 03 Page 2 of 2 Printed In U.S.A.