HomeMy WebLinkAboutMINUTES - 03062007 - C.04 Contra
TO: BOARD OF SUPERVISORS ,._
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR -:.1;� Costa
�; rC . vl
DATE: March 6 2007 ��••�` ���'`'��
�r .� ��� County
SUBJECT: Approve the Second Extension of the Drainage Improvement Agreement for Drainage Acceptance
00-00006(cross-reference Subdivision 95-07976),for project being developed by Windelnere BLC
Land Company, LLC, San Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUES-r(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/ /07 for Drainage Acceptance 00-00006(cross-reference Subdivision 95-07976),
approving the Second Extension of the Drainage Improvement Agreement, for project being developed by
Windeinere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III)
FISCAL IMPACT:
Nonc.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has not completed the improvements and the Drainage Improvement Agreement has expired.
CONSEQUENCES OF NEGATIVE ACTION:
The Drainage Improvement Agreement guaranteeing completion of the improvements will not be renewed.
Continued on Attachment: . /" SIGNATURE:
-?-",
vFFECONIN,lENDATION OF COUNTY ADM INISTk*T0_R
_
RECOMMENDATION OF BOARD COMMITTEE
_✓APPROVE OTHER
';L�SIGNATURE (S): �% . -eli, I
ACTION OF BO f ON 4'Y B APPROVED AS RECOMMENDED OTHER
VO ' 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.
LB:vi
G:\F1i SvQ\130`?007\.)3-06 0-11 DA 00-0006.doc ,A
ATTESTED:/%d'Yy_006 s G, 01e'0V';P*-
Originator: Public Works(ES)
Contact: T.Rie(313-2363) JOHN CULLEN, Clerk of the Board of
Bond No/bate:11127507090(December 19,2001)
Supervisors and County Administrator
cc: Public Works--Construction
Current Planning,Community Development
'r-November 15,2008
Wiudcmure BLC Land Company,LLC.
6121 13ollinger Canyon Road,Suite 500 By , Deputy
San Ranrou,CA 94583
Attn:Brian Olin
The Arnerican Insurance Company
777S. Marin Drive-Surety SM3 C86
Novato,CA 94998
Aun:Brenda J.Dickson
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 6, 2007 by the following vote:
AYES: Gioia, hilkema, Bonilla,
Glover and Piepho
NOES: None
ABSENT: . None
ABSTAM None
RESOLUTION NO. 2007/ /d
SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for
Drainage Acceptance 00-00006(cross-reference Subdivision 95-07976), for project
being developed by Windemere BLC Land Company,LLC,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 Drainage Improvement Agreement between Windetnere BLC
Land Company, LLC and the County for construction of certain improvements in Drainage
Acceptance 00-00006(cross-reference Subdivision 95-07976),in the San Ramon(Dougherty Valley)
area, through January 15, 2009;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 90%
♦ ANTICIPATED DATE OF COMPLETION: Summer or Fall 2007
♦ REASON FOR EXTENSION: Improvements not completed-trail signage still needs to be
installed.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
LB:vz I hereby certify that this is a true and correct copy of an action taken
G:\EueSvc'',1130''\2007\03-06\BO-I1 DA 00-0(`06.doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) shown.
Contact: T.Ric(313-2363)
Bond No/Date:11127507090(December 19,2001) ATTESTED: /%4/' ��J r►♦ �
cc: PublicWorks—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County
Current Planning,Community Development
T—November 15,2008 Administrator
Windermere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ranmon,CA 94583
Attu:Brian Olin
The American Insurance Company By , .Deputy
777 San Marin Drive-Surety SM3 C86
Novato,CA 94998
Attn:Brenda J.Dickson
RESOLUTION NO.200 �d
CONTRA COSTA COUNTY
DRAINAGE IMPROVEMENT AGREEMENT EXTENSION
Development Number: DA 00-00006(cross-reference SD 95-07976)
Developer: Windemere BLC Land Company,LLC
Original Agreement Date: January 15,2002
Second Extension New Termination Date: January 15,2009
Improvement Security
Surety: The American Insurance Company
Bond No. (Date): 11127507090(December 19,2001)
Security TyAe Security Amount
Cash: $39,600.00(1% cash,$1,000 Min.)
Bond: $3,920,400.00 (Performance)
$ 1,980,000.00(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 th reto d ac rnowledge same.
Dated: Dated: January 31, 2007
see attached signature block
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Maurice M. Shiu,Public Works Di for
By: C/ w a Printed
RECOMMENDED= Developer's Signature(s)
RECOMMENDED F A O �L:
By: Printed
(Engineerig S rvic s Division)
Address
The American Insurance` cin-tany
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 777 San 1 arias Drive Sarety SM3 C86
Novato, California 94993
FORM APPROVED:Vi—J.Wouc Co ,yCa d Address .
A icrApproval Rerara to Clerk ofdhe Board
Attorney in Facts Sidnature
Brenda J. Dickson Dated: January 31, 2007
Printed
Bond No. 11127507090
DA 00-00006 (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: ,0�0_ �
Erik S. Brown, Asst. Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of &,,-& �v �
On F� 2, v2w 7 before me, �fti`T72�.� ✓ / . � aur , / Y a��
to Name and Title of fficer(e.g.."Ja Doe,Nilary Public")
personally appeared Zyl4l ll�. ���� 4�-t�_ coik 3. 3rowr7
Name(s)of Signer(s)
impersonally known to me
J (or proved to me on the basis of satisfactory evidence)
to be the person(s)whose name(s)is/are subscribed to the
CATHERINE M. TAYLOR within instrument and acknowledged to me that
Commission # 1715843 -hefstm/they executed the same in his/ /their authorized
=s Notary Public -California capacity(ies), and that by Ws/hff/their signature(s) on the
`� Contra Costa County
QOM ian12,2p11 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
Signature of Notary P c
OPTIONAL
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 document. / 2?5Q70110
Description of Attached Doc // ' n �•t
Title or Type of Document: �� W�R�- �T odo(.
Document Date: 's 3 2J67 _ fN-umber of Pages:
Signer(s) Other Than Named Above: P-��� J 7/nom-
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual ❑ Individual
Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
Partner — ❑ Limited ❑ General Partner — ❑ Limited General _
Attorney in Fact Attorney in Fact •
Top of thumb here Top of thumb here
Trustee Trustee
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑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
County of Marin CAPACITY CLAIMED BY SIGNER
On 1/31 2007,before me, �'� '�—'� �- ��✓�S Though statute does not require the Notary to fill
DATE NAME,TITLE OF OFFICER E.G.,")ANE DO .NOTARY P in the data below,doing so may prove invaluable
personally appeared Br'enc J. Dickson to persons relying on the document.
NAME(S)OF SIGNER(S) C ❑ INDIVIDUAL
131k) personally known to me-OR-0❑ provided to me on the basis of satisfactory evidence to 0 Cl CORPORATE OFFICERS)
be the persono)whose name(s)is/are subscribed TITLE(S)
to the within instrument and acknowledged to
me tha0m/shefthey executed the same in ❑ ❑ PARTNER(S) 0 ❑ LIMITED
ALICE M.RIVAS his/her/their authorized capacity(ies),and that by 0 ❑ GENERAL
' his/herhheir signature(io on the instrument the 0 ❑ ATTORNEY-IN-FACT
a f Commission# 1631350 person(s)or the entity upon behalf of which the C ❑ TRUSTEE(S)
Z ,"0! Notary Public-California � person(&)acted,executed the instrument. 0 ❑ GUARDIAN/CONSERVATOR
• Marin County 0 ❑ OTHER:
MY COMM.ExplresJan 16,2010r WITNESS my hand and official seal,
C/4 . SIGNER IS REPRESENTING:
SIGNATURE OF NOTARY,` (NAME OF PERSON(S)OR ENTITY(IES)I
0❑ acknowledged tome that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors. �/1]
OPTIONAL SECTION �,Vrrz 1 `i S'T4 O'c"'i i v y
THIS CERTIFICATE MUST BE ATTACHED Title or Type ofDocument
'�'J'1
TO THE DOCUMENT AT RIGHT. Number of Pages A_
Though the adjacent data is not required by law,it may prove valuable Date of Document / —–5'J
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
reattachment 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
Mb)AnAssistant Secretary
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
bIE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE 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 INDEMNI'T'Y 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 Attorney(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.WBEREOF,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 2 n n
��cricrrr Ems=fG tEA4 FiREMANSS FUND INS CE COMPANY
c°� ,...•,, ,t •"'" %` ---1� NATIONALCORPORATION
F o - ,, - • ' ' -t:S E A L:s€ THE AMF.ItICA.N INS CE COMPANY'
z t sero i G r T fs �` 5 A.SSOCIAIED INDCORPORATION
`�bt,� �y ` ` ,t *�k��o�` °R(k�E•�a ! AMERICAN U1�OMOBII�IIIS CE COMPANY
STATE OF CALIFORNIA SS. By VO
COUNTY OF MARIN vtco-Ptesi
Oa this 15 day of April 2002 ,before me personally e 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 WIT!NFSS WHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written.
r KRISTIN AGAZZOLI D
COMM.91264236
"a+ NOTARYPUSUC-CAUFORNIA
QMARIN COUNTY
MY Comm.Expims ApN 2D,Z00S
[ic
STATE OF CALIFORNIA SS. CERTIFICATE _.
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 Jany 2007
t�crirrrrr tyJ.HY FG ��,FKE �
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tk •••�••�• *thea eo'F `��RC'"E c �° Resident Assistant SgitWY