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Home My WebLink AboutMINUTES - 06052007 - C.16 SEL TO: BOARD OF SUPERVISORS �`�_ � �`—=`�' Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ,tPih z Costa DATE: June 5, 2007 °O` s cCounty STA oin{ SUBJECT: Approve the Second Extension of the Road Improvement Agreement for Road Acceptance 03-01150 (cross-reference Subdivision 03-08510), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Road Acceptance 03-01150 (cross-reference Subdivision 03-08510), 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: CORRECTED COPY! None. PLEASE DESTROY PREVIOUS IS_S_U_E BACKGROUND/REASON(S) FOR RECOMMENDATION(S): ` —--- -The developer has not completed the warranty/maintenance period and the Road Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment:&,f' SIGNATURE: mow\ -yKECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE y�PROVE OTHER SIGNATURE (S): ACTION OF BO ON %4,+-J G ESC'-' a9/-0 APPROVED AS RECOMMENDED OTHER vOF SUPE ISORS I hereby certify that this is a true and correct oV UNANIMOUS(ABSENT 0 y7 ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:vz G:TBngSv6B0120GA06-05160-1 i RA 03-1150.doc Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED: Bond No/Date;6243454(January 29,2004) JOHN CULLEN, Clerk of the Board of cc: Public Works—Construction Current Planning,Community Development Supervisors and County Administrator T—April 8,2009 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Aun:Brian Olin By , Deputy Safeco Insurance Company of America 330 North Brand Blvd,Suite 680 Glendale,CA 91203 Attn:Rosa E.Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 5, 2007 by the following vote: AYES:, Gioia,Uilkema, Bonilla,Glover and Piepho NOES: None ABSENT: None ABSTAIN: None - -- — RESOLUTION NO. 2007/ SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 03-01150 (cross-reference Subdivision 03-08510), 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 Road Improvement Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Road Acceptance 03-01150 (cross-reference Subdivision 03-08510), in the San Ramon (Dougherty Valley) area, through June 8, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: September 2007 ♦ REASON FOR EXTENSION: Warranty/maintenance period has not been completed and the road (Road Acceptance 04-01175) has not been completed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. TR:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2007\06-05\60.11 RA 03-1150.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: T.Rie(313-2363) // � Bond No/Date:6243454(January 29,2004) ATTESTED: -v/4�✓G 0,r- o( J - � cc: Public Works-Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Pluming,Community Development T-April 8,2009 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 , Atm:Brian Olin Safeco Insurance Company of America By r,, —� ' Deputy 330 North Brand Blvd,Suite 680 Glendale,CA 91203 Attn:Rosa E.Rivas RESOLUTION NO.2007/ CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 03-01150(cross-reference SD 03-08510) Developer: Windemere BLC Land Company, LLC Original Agreement Date: June 8,2004 Second Extension New Termination Date: June 8,2009 Improvement Security Surety: Safeco Insurance Company of America Bond No. (Date): 6243454 (January 29,2004) Security Type Security Amount Cash: $ 6,880.00 (1% cash, $1,000 Min.) Bond Rider: $ 102,170.00 (Performance) $344,400.00 (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 hereto and acknowledge same. Dated:[Ji2/r Dated: May 2, 2007 See Attached Signature FOR CONTRA COSTA COUNTY Developer's Signature(s) Mau is M. Shiu,Public Works Director y: Printed Developer's Signature(s) RECOMMENDEDFORA AL: By: - Printed (Enginee ervice Div ngision) Address Safeco Insurance Company of America (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 330 North Brand Blvd. , Suite 680 " Glendale, CA 91203 FORM APPROVED:Victor I Warman,County Counsel Address c After Approval Return to Clerk of the Board ��-- Attorney in Facts Signature Rosa E. Rivas Printed Bond No. 6243454 RA 03-01150(x-ref SD 03-08510) Road 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 l CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California qq� ss. County of c.u/IITIL9 PZ)Z72F On_RA%A 1 9' -7 before me, A. W, ?,AMAI Notary Public, personally appeared $RIAA1 ('_ D L/nJ Y' ER l K 6. /3 k?o WA/ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he4Wthey executed the same in hisAwr/their authorized OLU 7MMM capacity(ies),and that by hisRter/their ®IYMI£1 signature(s)on the instrument the person(s), Mawr or the entity upon behalf of which the Casks Cam COW* person(s)acted,executed the instrument. MyCatfnP� �t1,�1 WITNESS my hand /and official seal. LG �Yy 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 Document Title or Type of Document: P-6,4-0 Jtje Ec U q7- Aj&XE�',cl�'1lJT 61L7'A-WZ1 DAJ Q/}p 3-6//5jo Document Date: 14 A-V 2 t 'A D0 7 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): Toporihumbhm ❑ Partner- Limited General 0 Attorney-in-Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: State of California ACKNOWLEDGEMENT County of Orange On May 2 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 MRRAGAN WITNESS my hand and official seal. Commtsalon# 1635125 �� Notary Publk-Callfomla Orange County Signature My Comm.Expires Jan 5,201 (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 First National Insurance company of America w OF ATTORNEY Safety Plaza Seattle,WA 98185 No. 9675 KNOW ALL BY THESE PRESENTS: That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint ***************'RHONDA C.ABEL;JERI APODACA;LINDA ENRIGHT;JANE KEPNER;NANETTE MARIELLA-MYERS; MIKE PARIZINO;RACHELLE RHEAULT,ROSA E.RIVAS;JAMES A.SCHALLER;Irvine,California""'***************** its true and lawful attomey(s}in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duty executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this IOth day of April 2006 21de� k eiif_� STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of FIRST NATIONAL 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 attomeys-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 FIRST NATIONAL INSURANCE 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 powerof-attomey appointment,executed pursuant thereto,and (Iii) Certifying that said power-of-attomey 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." I,Stephanie Daley-Watson ,Secretary of FIRST NATIONAL 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 this corporation, 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 2nd day of May 2007 4pRAMtf C0 1 SEAL ' 3928 ~Sd% ar WA1l, ' `,y"+ STEPHANIE DALEY-WATSON,SECRETARY S-1049/DF 4/05 ., Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF �.i