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Home My WebLink AboutMINUTES - 03062007 - C.5 Cj F _ TO: BOARD OF SUPERVISORS .;%��-�., � ,_ :,�,. Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa C, DATE: March 6, 2007 •rrq co_ �A County SUBJECT: Approve the Second Extension of the Subdivision Agreement(Right-of-Way Landscaping)for Park Acceptance 02-00004 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District I.II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS"I'IFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ /!D for Park Acceptance 02-00004 (cross-reference Subdivision 95-07976), approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping), for project beim developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the warranty/maintenance period and the Subdivision Agreement(Right-of-Way Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) guaranteeing completion of improvements will not be renewed. Continued on Attachment:-," SIGNATURE: _—TtECOI\IAIENDATION OF COUNTY ADM1 ISTRA" _RECO�1NlENDATION OF BOARD COMMITTEE j/APPIZOVE OTHER r SIGNATURES : ACTION OFBO R ON R� m APPROVED AS RECOMMENDED 0.1-FIER VOoF SUPE soRS I hereby certify that this is a true and correct UNANIMOUS(ABSENT 0 ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. L[3:vz G:\EngSve\LSO\2007\03-06\.BO-I 1 PA 02-0004.doe Originator: Public Works(ES) Contact: C.009(3(Jan(January ATTESTED: //�1.� e A;* Bond No/Date:SU 6000923(January 29,2003) cr. Public Works—Construction JOHN CULLEN, Clerk of the Board of Current Planning,Comnmity Development Supervisors and County Administrator T—December 25,2008 Windermere BLC Land Company.LLC 6121 Bollinger Canyon Road,Suite 500 San Rarmn,CA 93583 Attu:Brian Olin Arch Insurance Company By , Deputy 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 March 6, 2007 by the following vote: AYES: Gioia, l ilketna, Bonilla, Glover and Pieplto NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ //d SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping)for Park Acceptance 02-00004(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 lie 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 Park Acceptance 02-00004 (cross-reference Subdivision 95-07976), in the San Ramon (Dougherty Valley) area, through February 25, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: April 2007 ♦ REASON FOR EXTENSION: warranty/maintenance final walk not completed. 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:".EiiLSvc\130\1-007\03-06\BO-II PA 02-0004.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:SU 6000923(January 29,2003) ATTESTED: cc: Public Works-Construction JOHN CULLEN, Clerk of the Board Of Supervisors and County Current Planning.Community Development 'I-December 25.2008 Administrator windennere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ranson,CA 94583 At n:Brian Olin Arch Insurance Company By J Deputy 135 N.Los Robles Avenue,Suite 825 F Pasadena,CA 91101 Atm:Rosa E.Rivas RESOLUTION NO.2007/ ��O CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-O&WAY LANDSCAPING) EXTENSION Development Number: PA 02-00004 (cross-reference SD 95-07976) Developer: Windemere BLC Land Company,LLC Original Agreement Date: February 25, 2003 Second Extension New Termination Date: February 25, 2009 Improvement Security Surety: Arch Insurance Company Bond No. (Date): SU 6000923 (January 29,2003) Securitv Tvpc Securitv Amount Cash: $ 11,300.00 (1 1/o cash, $1,000 Min.) Bond: $ 166,680.00 (Performance) $561,250.00 (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: Dated: January 2.9, 2007 FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu, Public Works Directo `^^^ / Windemere BLC Land Company, LLC By: �/ Printed see attached signature block Developer's Signature(s) RECOMMENDED FOR A.PPROV By: Printed (Engineering Ser Ac Di si n Address Arch Insurance Company (.NOTE,: De've'lope'r's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized) 135 N. Los Robles Ave. , Suite 325 Pasadena, CA 91101 FORM APPROVED:%id.,J.W'r Im n,Courcy Coousd Address --- After;lnnroval Relarn to Clerk ofdie Board Attorney in Facts Signature Rosa E. Rivas Printed Bond No. SU 6000923 PA 02-00004(X-ref SUB 95-07976) Subdivision Agreement(Right-of-Way Landscape) 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 (?.&t* L_ COSH. On el, 2�1 7 before me, ayhzn!u Dat& Name and Title of Officer( g.,' ane Doe.Notary Public') personally appeared �✓f G-✓L �I- tit CAI�. EC'lL k Name(s)of Signer(s) personally known to me C (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)wis/are subscribed to the CATHERINE M. TAYLOR within instrument and acknowledged to me that Commission#r 1713843 he{sh /they executed the same in440w/their authorized y� Notary Pulbllc -C0111161111`1110a' capacity(ies), and that by*isfher/their signature(s) on the Contra Costa County Car M 12 2011 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. dv� Place Notary Seal Above r Signature of Notary Pubj/ 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. Description of Attached Doc ment r'L �//� Jr�..L; Title or Type of Document: ��e CX7 . lf� �� Dot-QO(1 U¢ �G� egood 1Z3 Document Date: 2-1 AW 7 Number of Pages: Signer(s) Other Than Named Above: C. Ira Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: Individual ❑ Individual ❑ Corporate Officer — Title(s): Corporate Officer — Title(s): Cl Partner — -1 Limited General _ rl Partner — n Limited I-] General _ iJ Attorney in Fact L-1 Attorney in Fact • Top of thumb here Top of thumb here Trustee Trustee Guardian or Conservator ❑Guardian or Conservator Ll Other: ❑Other: Signer Is Representing: Signer Is Representing: ?j 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 ACKNOWLEDGEMENT State of California County of Orange On January 29 2007 before me, J. Barragan, Notary.Public (here insert name and title of the officer) personally appeared Rosa E. Rivas 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 acknowledge 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 behalf of which the person(s)acted, executed the instrument. J. BARRAGAN Commission# 1635125 WITNESS my hand and official seal. Notary Public-California Orange County Signature My Comm.Expires Jan 5.2010 J. Barragan (Seal) 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 ❑ 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 1/06 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) its true and lawful Attorney(s)-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 any 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 had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,.,MjssP.W.L 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, 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 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 Secretary, the seal of the Company, and certifications by the Secretary, 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.