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HomeMy WebLinkAboutMINUTES - 05092006 - C.3 TO:. BOARD OF SUPERVISORS ��—jE L`�" Contra FROM: MAURICEM. SHIU,PUBLIC WORKS DIRECTOR g ,,, s Costa DATE: May 9, 2006 cou4w` County r'9 :'� •J SUBJECT: Approving the Second Extension of the Road Improvement Agreement for RA 01-01123 (cross- reference Subdivision 95-07976), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/4U1 for RA 01-01123 (cross-reference Subdivision 95-07976), approving the second extension of the Road Improvement Agreement, for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUNDIREASON(S) FOR RECOMMENDATION(S): The Road Improvement Agreement extension has expired and the surety company has changed. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement extension will not be renewed. Continued on Attachment: SIGNATURE: _i,,,nCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURES : ACTION OF BO ON a° I APPROVED AS RECOMMENDED OTHER Vt E OF SUPERVISORS ,� I hereby certify that this is a true and correct UNANIMOUS(ABSENT /�v72G-- ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:kg G:1GrpDatalEngSvc\BO\2006105-091RA 01-01323 BO-11.doc ATTESTED: ?ddG Originator: Public Works(ES) Contact., T.Ric(313-2363) JOHN CULLEN,Z erk of the Board of Bond No/Date:SU 6000911(August 8,2002) Supervisors and County Administrator cc: Public Works—Construction Current Planning,Conu unity Development T—August 1,2007 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 ByT � eputy San Ramon,CA 94583 ATTN: Brian Olin Arch Insurance Company Surety or Financial Institution 135 N.Los Robles Avenue,Suite 825 Pasadena,CA 91101 ATTN: Rosa E.Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 9,2006 by the following vote: AYES: Uilkenta,Piepho, DeSanhlier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ o' SUBJECT: Approving the Second Extension of the Road Improvement Agreement for RA 01- 01123 (cross-reference Subdivision 95-07976),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 Road Improvement Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in RA 01-01123, in the San Ramon(Dougherty Valley,) area, through October 1, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: December 2006 ♦ REASON FOR EXTENSION: Project in warranty period. Renewal agreement extension has expired and surety co l pany has changed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. TR:kg G:\GrpDataTngSvclB0@26W05-091RA 01-01123 BOA l.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: T.Ric(313-2363) shown. Bond No/Date:SU 6000911(August 8,2002) �J /% v ec: PublicWorks—Construction ATTESTED: ' / ©op� Current Planning,Community Development T—August 1,2007 JOHN CULLEN, Cl�rf of the Board of Supervisors and County Windemere BLC Land Company,LLC Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 ATTN: Brian Olin Arch Insurance Co.Surety or Financial Institution 135 N.Los Robles Avenue,Suite 825 By � ,Deputy Pasadena,CA 9110110, AM: Rosa E.Rivas RESOLUTION N0.2006/ �� CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION I Development Number: RA 0 1-0 1123 Developer: Windemere BLC Land Co.,LLC Original Agreement Date: + ii�' Second Extension New Terminat on Date: ` l q-) 2-00<9 Improvement Security Surety: Arch Insurance Company Bond Number No. (Date): SU6000911 (August 8,2002) P-eplatzs &4Z# 3 5M0 4-17-0 0a . ��r►7P.f"ic2n i1'l _ Security Type Security Amount �95[.rl riirz� ✓1 Cash: $44,330.00 (1% cash, $1,000 Min.) Bond: $4,388,670.00 (Performance) $2,216,500.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Su ety er by agr e heret and+acknowledge same. Dated: o9 Dated: February 16, 2006 (See attached si ag�n ture page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shin,Public V s Dir r I ` By: t/J Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: Printed (Engineer' Sei ices ivision) 25 Enterprise Aliso Viejo, 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 FORNIAPPROVP.D:Vido,J. 0... ninmi Address Ager Approval Return to Clerk of the Board �� - !`"u`Q'c.J Attorney in Facts Signature Rosa E. Rivas Printed Bond No.SU6000911 WINDEMERE SLC 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: David Evans Vice President By: 6�� �-X� Dee Baker, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 17, 2006 before me, Dina Print y, 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. F hand and official se D Commisssionsion## 14 1453610 c a Notary Public-California 1 Z . z ; Orange County My Comm.Expires Nov 28,2007 OPTIONAL Though the data below is not requiri d 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 Preslident Lennar Homes of California, Inc. 1 I DESCiRIPTON OF ATTACHED DOCUMENT Type of Document: Contra Costa County Road Improvement Agreement Extension for Surety Bond No. SU60009111 Number of Pages: Two (2) Date of Document: Februar I� 16, 2006 Signers (other than those named above):Rosa E. Rivas I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 20, 2006 before me, Dina Prints, 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. DINA PRINIY � au nd official seal. _@my Commission#1453610 r < Notary Public-Callfornio �— Orange County Comm.Expires Nov 28,2007 OPTIONAL Though the data below is not requir I d 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—Asst. Sec'etary Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Contra Csta County Road Improvement Agreement Extension for Surety Bond No. SU6000911 Number of Pages: Two 2 Date of Document: Februarly 16, 2006 Signers (other than those named above): Rosa E. Rivas, David Evans CALIFORNIA ALL-PURPOSE ACKNOWL I DGMENT 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 I , 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 Corrm�lorr# 169$126 behalf of which the person(s) acted, executed the instrument. Notety P�•CoftrIA My Comm.✓ im 8.201 4F V %PWIT my nd d ial seal. TURE OF NOTARY OPTIONAL Though the data below is not required' y law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment lof this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER 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/GE 2/98 ©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, Rachelle Rheault,Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) 4 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, 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 herein. The Company may revoke this appointment at Jany 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, a.§4 the same had,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, thel 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 Boarl d 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. .r 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 #3SM04770200 This letter is to verify that our company has resumed the above Performance and Payment Bond issued by American Motorists Insurance Company. Below are the details of said bond. Bond Number: SU6000911 replaced bond # 3SM04770200 Type: Performance and Payment ��� Amount: $658,300.00 (1,1"d- Obligee: 1,1"d �� Obligee: County of Contra Costa Principal: Windemere BLC Land Company, LLC Description: Phase 113 Backbone/"//7-3 (Kee-1 5_Lt 797:7k / Attorney—in-Fact: Grace Reza / Should you have any further questions please contact us. Sincerely, Rosa E. Rivas, Attorney-in-Fact Arch Company Undej`wdting Department I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On February 7 2006 bef re 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 J. ®ARRAGAN signature(s) on the instrument the person(s), or the entity upon 6" 1658138 NDN -Calms behalf of which the person(s) acted, executed the instrument. Caedy 61my Comm.E q*w Jm 5.301 WITNESS my and official seal. 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 1 his form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL. ❑ CORPORATE OFFICER 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 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 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 Attomdy(s)-in-Fact, to rnake, 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, 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 herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance,of the$e'..presents. shall be as binding upon the said Company as fully and amply to all intents and purposes, as if.the name had tieen'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 ie President, or any Vice President,.or their appointees designated in writing and filed with the Secretary, or the Secretaryl 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. OOMLOOf 3 00 03 03 - Page 1 of 2 Printed in U.S.A. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 14th day of June 1 ,2005 Arch Insurance Company Attested and Certified vtan� j` CORPORATE V SFAL 14f1 Nissesrl �� �•�� Mary Jeaq An rson, tce 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 fare 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 las 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 MARCINKUS,Notary Public City of Philadelptila,Phila.County Kathleen Marcinkus,N tary Public My Commission Expires February 25,2006 My commission expires 2-25-06 .CEAIFICATION I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney 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, whol 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 e c orates I-� Arch Insurance Company on this 7th day of February _,20 06. 1 r Mary Je ne derson,Vice President This Power of Attorney limits the acts of those named therein to the bonds and ndertakings 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 &Developers Group 135 N. Robles Ave.,Ste. 825 Pasadena,CA 91101 rg 11 if CORMS^FF SLU 41 ��t!14 OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A.