HomeMy WebLinkAboutMINUTES - 03062007 - C.03 Contra
TO: BOARD OF SUPERVISORS
Costa C
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
AFf
2
DATE: March 6 2007
' County
Opp�;�='G• 7
COUh�
SUBJECT: Approve the Second Extension of the Drainage Improvement Agreement for Drainage Acceptance
00-00001 (cross-reference Subdivision 95-07976),for project being developed by Windemere BLC
Land Company, LLC, San Ramon (Dougherty Valley) area. (District III)
SPECIFIC.REQUEST(S)OR RECOMMI:NDATION(S)&BACKGROUND AND JUSTIFICATION
RECOi1MM ENDATION(S):
ADOPT Resolution No. 2007/ /4 9 for Drainage Acceptance 00-00001 (cross-reference Subdivision 95-07976),
approving the Second Extension of the Drainage 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):
The warranty/maintenance period has not been completed and the Drainage Improvement Agreement has expired.
CONSEQUENCES OF NEGATIVE ACTION:
The Drainage Improvement Agreement guaranteeing completion of the improvements will not be renewed.
s
Continued on Attachment: ✓ SIGNATURE:
,L.R'EC0MMENDATION OF COUNTY ADINIINisTR-ATaR
_RECOMMENDATION OF BOARD COMMITTEE
_J,APPROVE OTHER
� r
SIGNATURE(S): " .- ✓
ACTION OF 137A0 ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
LBaz
G:I.En6SeC(130\?007\03-oG,..BO-11 DA 00-0001.doc
Originator: Public Works(ES)
Contra: T.Rie(313-2363) ATTESTED: .' d+/ 'e"
Bond Nu/Dale:11133583283(July 18,2001)
cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of
Current Planning,Community Development Supervisors and County Administrator
T—July 11,2008
Windermere 131-C Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
SanRanwn,CA 94583
Atut:Brian Olin
The American Insurance Company By , Deputy
777 San Marin Drive.Surety SM3 C96
Novato,CA 94998
Attn:Brenda J.Dickson
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this RCSOILItioll on March 6, 2007 by the following vote:
AYES: Gioia, Llilkema, Bonilla,
Glover and I'iepho
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2007/ /O
SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for
Drainage Acceptance 00-00001 (cross-reference Subdivision 95-07976),for project
being developed by Windemere BLC Land Company,LLC,Sail 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 Drainage Improvement Agreement between Windetnere BLC
Land Company, LLC and the County for construction of certain improvements ill Drainage
Acceptance 00-00001 (cross-reference Subdivision 95-07976),in the San Ramon(Dougherty Valley)
area, through September 11, 2008;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100%
♦ ANTICIPATED DATE OF COMPLETION: September 2008
♦ REASON FOR EXTENSION: The warranty and maintenance is not complete.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
I.B:v.
c:',.PngSvc\13O%2007\03-06\BO-I I DA 00-0001.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:i 1133553293(July IR,2001)
cc: PublicWorks—Construction ATTESTED: /7d'ya4
Current Planning,Community Development
T—July
ucre BLC Land Company,LLC
CULLEN, Clerk of the Board of Supervisors and County
3ti'i
6121 Bollinger Canyon Road,Suite 500 Administrator
San Ramon,CA 94583
Attn:Brian Olin
The American Insurance Company
777 San Marin Drive,Suretv S1vI3 C96
Novato,CA 94999 ByAAW��-
, Deputy
Attn:Brenda J.Dickson
RESOLUTION NO.2007/ /N60
CONTRA COSTA COUNTY
DRAINAGE IMPROVEMENT AGREEMENT EXTENSION
Development Number: DA 00-00001 (cross-reference SD 95-07976)
Developer: Windemere BLC Land Company,LLC
Original Agreement Date: September 11,2001
Second Extension New Termination Date: September 11,2008
Improvement Security
Surety: The American Insurance Company
Bond No.(Date): 11133583283 (July 18,2001)
Securitv Tyne Security Amount
Cash: $ 16,000.00 (1% cash,$1,000 Min.)
Bond Rider: $238,200.00 (Performance)
$802,000.00(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,theretp and acknowledge same.
Dated: Dated: January 31, 2007
see attached signature block
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Maurice M.
Shiu,Public Works Di or
By: (% w " u^^ Printed
Developer's Signature(s)
RECOMMENDED F R VAL.
By: Printed
(Enginek-4 Servic Division)
Address
The American Insurance Company
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution:
Institution's Signatures must be Notarized) 777 San Marin Drive-—-Sur_ety SI13 C8Q_
Novato, California 94998
FORM APPROVED:Victor).Wtstwm.County Couusd Address
After Approval Return to Clerk ofthe Board
Attorney in Facts ature
Brenda J. Dickson Dated: January 31, 2007
Printed ,
Bond No. 111335832853
DA 00-00001 (X-ref SD 95-07976)
Drainage Improvement Agreement Extension
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:
Brian G. Olin, Vice-President
By:
Erik S. Brown, Asst. Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of 24,rb'
On .z 2W 7 before me, �r /�B7�tr iG
Date Name and Tile of Officer( "Jane e,Notary Public")
personally appeared :Z;qa..c G. 0"'IL C,ti EE7a=-Lr
Name(s)of Signer(s)
e
Xpersonally known to me
E (or proved to me on the basis of satisfactory evidence)
CATHERINE M. TAYLOR to be the person(s)whose name(s)-is/are subscribed to the
Commission # 1715643 within instrument and acknowledged to me that
Notary Public -California fae/she/they executed the same in 4ii9flr/their authorized
Contra Costa County capacity(ies), and that by-i�/their signature(s) on the
Lamm Jan 12,20tt instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above aq4t,_M , Ll/�
Signature of Notary P
OPTIONAL u i
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another documonto
Description of Attached tail CjCT . rLt�/y�¢r2 �� DOCJ l
Title or Type of Document: t
Document Date: � - 3l ,2007 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer — Title(s): - Corporate Officer — Title(s):
Partner — F-1 Limited —1 General _ — Partner — ❑ Limited Ll General
_.: Attorney in Fact • "Attorney in Fact •
Top of thumb here Top of thumb here
= Trustee Trustee
LE Guardian or Conservator Guardian or Conservator
E Other: E Other:
Signer Is Representing: Signer Is Representing:
2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California OPTIONAL SECTION
Marin
County of CAPACITY CLAIMED BY SIGNER
On 1/31/2007,before me, �' ' �' '`� " Though statute docs not require the Notary to fill
DATE NAME,TITLE OF OFFICER E.G.,-JANE NOTARY PUBLIC' In the data below,doing so may prove invaluable
personally appeared Brenda J. Dickson to persons relying on the document.
NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL
3 ] personally known tome-OR-0❑ provided tome on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICERS)
be the person(e)whose name(s)is/arc subscribed TITLE(S)
to the within instrument and acknowledged to
me that,lle/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED
ALICE M.RIVAS his/herAheir authorized capacity(iee),and that by ❑ ❑ GENERAL
Commission# 1631350 his/her/their signaturefs)on the instrument the ❑ ❑ ATTORNEY-IN-FACT
person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S)
Z ,=m Notary Public-California person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR
Marin County ❑ OTHER:
J - �%My Comm.Expires Jan 16,2010 WITNESS my hand and official seal,
SIGNER IS REPRESENTING:
SIGNATURE OF ARY (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 t �.n/>Qi t $>.a �c•'•J?y / ��✓�
THIS CERTIFICATE MUST BE ATTACHED '5'))$—06 0 Z
Title or Type of Documen[q��6�✓.�_.�/.�✓> � ����
TO THE DOCUMENT AT RIGHT. Number of Pages _1-
r7 t t7
Though the adjacent data is not required by law,it may prove valuable Date of Document i —J/
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.
Il. 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:
11 ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
TSL AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENBRAL 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 INDEMNrTY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint
Brenda J. Dickson of Novato , CA
their true and lawful Attorney(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,sealed with the corporate seals of the
Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-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 15 day of April ?nn?
`��e� rrc �tc �=E� �c,"•�% c,� � """""w FTREMANS FUND INS CE COMPANY
�,.,.•••.,..e f dao NATIONALS CORPORATION
s E A L:s= N
THE AMERICAINS CE COMPANY
z sErcasro g -z��� �-�} f ASSOCIATM IIS CORPORATION
bM t� `•..,.::...,' t�k���* G4IK("E•Gp jriarra AMERICAN AUMMOBIIEINS CE COMPANY
STATE OF CALIFORNIA SS. BY
COUNTY OF MARIN VYico-t'tesi
On this 15 day of April ,-2 0 0 2 ,before me personally c4me 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
COMM.*1262236 >
�+ NOTARY PUSUC-CAUFORNIA
QMARIN COUNTY 0
MY comm.EXPIMS ApN 20,20G4
tic
STATE OF CALIFORNIA SS. CERTIFICA'T'E --
COUNTY OF MARIN
I, 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 31st day of January 2007
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