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HomeMy WebLinkAboutMINUTES - 05092006 - C.16 TO: BOARD OF SUPERVISORS ontra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR nI '// ' C o sta DATE: May 9, 2006 �o - �`'� SrA cd'uy� County SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right of Way Landscaping) for Subdivision 03-08713, San union (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/v?` for Subdivision 03-08713, approving the Second Extension of the Subdivision Agreement (Right of Way Landscaping), 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 Agreement(Right of Way Landscaping)has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right of Way Landscaping) will not be renewed. Continued on Attachment: L,,-' SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _AAPPROVE OTHER r SIGNATURES ACTION OF BOA ON APPROVED AS RECOMMENDED LfOTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VO OF SUPERVISORS date shown. UNANIMOUS(ABSENTO»'L AYES: NOES: ABSENT: ABSTAIN: ATTESTED: TR:kg JOHN CULLEN, rk of the Board of G:\GtpData\EngSvc\30\2006\05-09\SD 03-08713 BO-1 l.doc Supervisors and County Administrator Originator: Public Works(ES) Contact: T.Ric(313-2363) cc: Public Works—Construction Current Planning,Cor anunity Development T—October 9,2007 By , Deputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 ATTN: Brian Olin - Safeco Insurance Co.of America The Adams Bldg.,154'^N,E. Redmond,WA 98052 ATTN: Grace Reza 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 Second Extension of the Subdivision Agreement (Right of Way Landscaping) for Subdivision 03-08713, San Ramon (Dougherty Valley) area. (District III) The Public Works Directorhaving recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement (Right of Way Landscaping) between Windemere BLC Land !Company, LLC and the County for construction of certain improvements in Subdivision 03-08713, in the San Ramon (Dougherty Valley) area, through December 9, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: February 2007 ♦ REASON FOR EXTENSION: Project starting warranty period. Renewal Agreement(Right of Way Landscaping) expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. TR:kg, I hereby certify that this is a true and correct copy of an action taken G:\GtpData\EngSvc\BO\2006\05-09\SD 03-08713 BO-1 Ldoc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: T.Rie(313-2363) Q —�,�j�/ cc: PublicWorks—Construction /4y �Tj ,V Current Planning,Community Development ATTESTED: T—October 9,2007 JOHN CULLEN, C14k of the Board of Supervisors and County Windemem BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 Administrator San Ramon,CA 94583 ATrN: Brian Olin Safeco Insurance Co.of America The Adana Bldg.,150 N.E. Redmond,WA 98052 BY 7 ,Deputy ATTN: Grace Reza RESOLUTION NO.2006/ CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: Sub 03-08713 Developer: Windemere BLC Land Company, LLC Original Agreement Date: December 09,2003 2nd Extension New Termination Date: December 09,20(1Er' Improvement Security Surety: Safeco Insurance Company of America Bond Number No. (Date): 6231668 (September 25,2003) Security Type Security Amount Cash: $ 1,320.00 (1% cash, $1,000 Min.) Bond: $ 130,480.00(Performance) $65,900.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety he .y agree hereto and 'acknowledge same. Dated: 1 Dated: November 23. 2005 Wf (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shin, Public Works cc By: , Printed Developer's Signature(s) RECOMMENDED FO APP L: By: AA Printed (Engineern(S rvie6s •vi 'on) 25 Enterprise Aliso Viejo, CA 92656 Address Safeco Insurance Company of America (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized) The Adams Bldg. , 154th N.E. Redmond, WA 98052 FORMn PROWD Vwo J We. n.,,C.,C�,-1 Ad e After Approval Return to Clerk of the Board -&,, Attorney in Facts S' nature Crura RP7a 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: f1jiv Greg PoAi i eTresident By: ,�ak,, Dee Baker,Assistant Secretary I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On December 6, 2005 beforeme, Dina Printy, Notary Public, personally appeared Greg Pomi and Deed 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 ka he instrument the person or the entity upon behalf of which the person d, executed the instrument. ness my hand and official seal. DINAPRINTY ?' ,= Commission# 1453610 `z *01 Notary Public•California Orange County My Comm.Expires Nov 28,2007 OPTIONAL gh the data below is not required by law, it may prove valuable to persons relying on the document could prevent fraudulent reattachment of this form. i CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Greg Pomi —Vice President I Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. I DESCIRIPTON OF ATTACHED DOCUMENT Type of Document: Contra CI sta County Subdivision (Right-of-Way Landscape) Agreement Extension for Suety Bond No.6231668 Number of Pages: Two (2) 1 Date of Document: Novembl r 23. 2005 Signers (other than those named above): Grace Reza CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On November 23, 2005 b(fore me, Rosa Estela Rivas,Notary Public DATE l NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Grace Reza 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 �r behalf of which the person(s) acted, executed the instrument. RUSA ESTELA RIVAS n COMM.#1447661 � NOTAMY PUBLIC CALIFORNIA ORANQECOUNTY ^' �P WITNESS my hand and official seal. _ M. comrr,.ax Irea Oct,28,2i 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 1 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 2198 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 POWER Safeco Insurance Companies OF ATTORNEY POBox WA 9 Seattle,WA 98124-1526 No. 9675 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **********RHONDA C.ABEL,JERI APODACA,ALEXIS H.BRYAN;LINDA ENRIGHT;JANE KEPNER,NANETTE MARIELLA-MEYERS;MIKE PARIZINO; GRACE REZA;RACHELLE RHEAULT;ROSA E.RIVAS;JAMES A.SCHALLER;ASHLEY K.WARD;Irvine,California*********************************** its true and lawful attorney(s)-in-fact, with full authority to xecute on its behalf fidelity and surety bonds or undertakings and other documents of a similar Y character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANIY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 3rd day of June 2005 � �� .L�:tf�upfdrrct,/ STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY CERTIFICATE Extract from the Byi Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS. the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, ;or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL IN COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By�Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, Stephanie Daley-Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 23rd day of November 2005 �COI�q� � y� E CO Mp9�� CORDO A t SEAL co SEAL X d� X95 -y�,- i t% `� Fo WAS TW�� V� STEPHANIE DALEY-WATSON,SECRETARY S-09741DS 4105 Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF ® 0 iM IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the Safeco insurance companies (Safeco Insurance Company of America, General Insurance Company,of America, First National Insurance Company of America,American States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to"surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90%of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond.The Act also establishes a$100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of yo tir bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. S-6248/GE 9/04 Safeco®and the Safeco logo are trademarks of Safeco Corporation FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On ,before me, I 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)OFSIGNER(S) ❑ ❑ 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 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 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. J 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 effortlto 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 d interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or print)d. 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. IIl. 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."