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Home My WebLink AboutMINUTES - 03112008 - C.15 TO: BOARD OF SUPERVISORS t' _ ron' a FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR a 0" Costa DATE: March 11, 2008 ��'os — -'Gy>�4 1q COUYt� County SUBJECT: Approve the Second Extension of the Road Improvement Agreement for Road Acceptance 03-01151 ill (cross-reference Subdivision 03-08509), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Road Acceptance 03-01151 (cross-reference Subdivision 03-08509), 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. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The road improvements have not been accepted and the warranty period has not been completed. 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:./ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER r SIGNATURES ACTION OF B A ON D APPROVED AS RECOMMENDED _OTHER VOTE OF SUPERVISORSI 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. BB:vz G:\EngSvc\BO\2008\03-1l\BO-11 RA 03-115Ldoc Originator: Public Works(ES) ATTESTED: o A k 0 Contact: T.Ric(313-2363) Bond No/Date:4410156(October 27,2004) JOHN CULLEN, Clerk of the Board of cc: Public Works—Construction Supervisors and County Administrator Current Planning,Community Development T—November 25,2009 Windemere BLC Land Company,LLC ti 6121 Bollinger Canyon Road San Ramon,CA 94583 By eputy Attn:Brian Olin Quanta Indemnity Company One Financial Plaza,10'h Floor Hartford,CT 06103 Attn:Jeri Apodaca THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 11, 2008 by the following vote: AYES: Gioia, Piepho, Bonilla, Glover NOES: None ABSENT: Uilkema i ABSTAIN: None -- j RESOLUTION NO. 2008/ 155" SUBJECT: Approving the Second Extension of thfe Road Improvement Agreement for Road Acceptance 03-01151 (cross-reference Subdivision 03-08509), 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 Improvement 03-01151 (Subdivision 03-08509),in the San Ramon(Dougherty Valley)area,through January 25, 2010; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: February 2009 ♦ REASON FOR EXTENSION: Road Improvements have not been accepted and the warranty period has not been completed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. BB:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2008\03-11\BO-I1 RA 03-1151.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Ric(313-2363) / /c)Bond No/Date:4410156(October 27,zooa) ATTESTED: cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—November 25,2009 Administrator Winde here BLC Land Company,LLC r 6121 Bollinger Canyon Road San Ramon,CA 94583 Attn:Brian Olin Quanta Indemnity Company y ,Deputy One Financial Plaza,I0`h Floor Hartford,CT 06103 Attn:Jeri Apodaca RESOLUTION NO.2008/t CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT.EXTENSION Development Number: RA 03-01151 (cross-reference SD 03-08509) Developer: Windemere BLC Land Company,LLC Original Agreement Date: January 25,2005 Second Extension New Termination Date: 'January 25,2010 Improvement Security Surety: Quanta Indemnity. Company (formerly National Farmers Union Standard Insurance Company) Bond No.(Date): 4410156(October 27,2004) Security Tyne Security Amount Cash: $62,000.00(1%cash,$1,000 Min.) Bond: $6,138,000.00(Performance) $31,000,000.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety her by pgree thereto and acknowledge same. Dated: /i et Dated: February 15, 2008 FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M.Shiu,Public Works eq > See Attached Signature Block By. �'�'� Printed Developer's Signature(s) RECOMMENDED FOR YAL: By: Printed ' Se ' e (Enginee Division) Address .' Quanta Indemnity Company(formerly National Farmers Union Standard Insuran e Company) (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 48 Wall Street, 14th FI. New York,NY 10005 FORM APPROVED:VkwI Wean Caaq C—d Address' l After Approval RMgm to Cktk ofthe Board Attorney' ignature Jeri Apodaca, Attorney-In-Fact Printed } _j y 'Y _ Bond No. 4410156 Phase 4,RA 03-01151 'aka Backbone Roadways 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: 4—W G G� Brian G. Olin,Vice-President By: area A` David Geist,Authorized Agent ............ ......... ... .. .. .... .................................................................................... .... ............ ........... ..... CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1% State of California County of Orange On 2/15/08 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared. Jeri Apodaca_ who proved to me on the basis of satisfactory evidence to be the person(R) whose name(a)is/=subscribed to the within instrument and acknowledged to me that lievshe/thay executed the same in bis/her/tbeiK authorized capacity0o, and that by W/her/*eix signature(s) on the instrument the person(i), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. LUU Commission # 1778641 WITNESS my hanj and official seal. Notary Public -California z Z Z Orange County My Comm.Wes Nov 6,2011 Signature of Notary Public (Notary Sea ka ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative acknoWedgmerif verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in jii California(Le. certifying the authorized capacity of the signer). Please check ... ali the document carefullyfor proper notarial wording and attach this form ifrequired. (Title or description of attached document continued) • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which fi ... must also be the same date the acknowledgment is completed. iii (Additional information). • The;,notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of ii notarization. CAPACITY CLAINIED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) Wshelt-hey; is/are)or circling the correct forms.Failure to correctly indicate this ... information may lead to rejection of document recording. El Corporate Officer The.'�notary seal impression must be clear and photographically reproducible. impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ED Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. Attorney-in-Fact 4 Additional information is not required but could help to ensure this fi E-) Trustee(s) acknowledgment isnot misused or attached to a different document. El Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document ............ .......................................................................... . .................. ..................... CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA County of CONTRA COSTA ss. On February 19, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared Brian G. Olin and David Geist, who 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 he/she/they executed the same in #is1herltheir authorized capacity(ies), and that by h+s/#er-/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CATHERINE M. TAYLOR Commisslon#► 1715843 Notary Public -California WITNESS my hand and official seal. Contra Costa County Comm icinl '2011 (Signature of Notary Public) U Place Notary Seal Above 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: CCC Road Improvement Agreement Extension RA 03-01151 (X-ref Sub 03-08509) Windemere aka Phase 4 Backbone Roadways (Civil Improvements), Bond #4410156 Document Date: 2/15/08 (Bond Signed) Number of Pages: 4 Signer(s)Other Than Named Above: Jeri Apodaca,Attorney-In-Fact Capacity(les) Claimed by Signer Signer's Name: See below ❑ Individual • ® Corporate Officer—Title(s): Brian G. Olin,Vice-President To of thumb here David Geist, Authorized Agent ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation QUANTA INDEMNITY COMPANY [formerly National Farmers Union Standard Insurance Company] New York City,New York 10020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company], a Colorado corporation, (hereinafter the"Company"),does hereby constitute and appoint: Jeri Apodaca of Irvine,California to be its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign, seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal sum not to exceed FIFTY MILLION AND 00/100 DOLLARS ($50,000,000.00)each, and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC. Section 2. All bonds,undertakings,contracts, and other instruments, other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman, if any, or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations,except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an,authorized officer or official of the Company and the corporate seal of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company]has been affixed thereto in New York City,New York this 26`h day of March,2004. Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] By Walda Decreus,Assistant Secretary ............ . .C�� 2003 C3�•,po`nRb90:t, ,' 4W+t STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this 26th day of March,2004,before me,a Notary Public,personally came WALDA DECREUS,to me known, and acknowledged that she is an Assistant Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company]; that she knows the seal of said corporation; and that she executed the above Power of Attorney and affixed the corporate seal of Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] thereto with the authority and at the direction of said corporation. } Carol E.Cincolal Notary Public estate of New York Notary Public Pio.01 C1 4759623 Qualified in Westchester County My Commission Expires June 30,2006 CERTIFICATE I,the undersigned, Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company], do hereby certify that the foregoing Power.of Attorney is still in full force and effect,and further certify that Article XVIII, Sections 2 and 3 of the By-laws.of the Company are now in force. IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this 15th day of February 2008• ,y ! Martha G.Bannerman,Secretary 4!:..MNIp U"zPUiz,g'• C� (.�•2G { 2003 tl 'ULOK�9o•�