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Home My WebLink AboutMINUTES - 04082008 - C.10 j /A- 5E ` TO: BOARD OF SUPERVISORS .r��', �=_=___•.. Contra ' FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR 0. Costa; -% r'z DATE: April 8, 2008 County Jsrq counrt{ SUBJECT: Approve the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 01-01124 (cross-reference Subdivision 95-07976), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/93;L- for Road Acceptance 01-01124 (cross-reference Subdivision 95-07976), approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping), 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 developer has not completed the improvements and one year warranty 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 the improvements will not be renewed. Continued on Attachment: ✓ SIGNATURE. _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ APPROVE OTHER SIGNATURE S ACTION OF ARD ON APPROVED AS RECOMMENDED OTHER VOTE of s ERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES: f minutes of the Board of Supervisors on the DS:vz ABSENT: ABSTAIN: date shown. G:\EngSvc\BO\2008\04-08\BO-11 RA 01-1124.docx Originator: Public Works(ES) Contact: T.Rie(313-2363) Bond No/Date: ST 2234(.August 14,2002) ATTESTED: o o CV. Public Works—Construction JOHN CULLEN, Clerk oft e Board of Current Planning,Community Development T—February 8,2010 Supervisors and County Administrator Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 By , Deputy Attn:Brian Olin St.Paul Fire and Marine Insurance Company 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Jane Kepner THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 8, 2008 by the following vote: -AYLT'_6ioia,Uilkema,Piepho,Bonilla and-Glover- NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/dZl,-L SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 01-01124 (cross-reference Subdivision 95- 07976), San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the third 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 Road Acceptance 01-01124 (cross-reference Subdivision 95-07976), in the San Ramon (Dougherty Valley) area, through December 3, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: May 31, 2008 ♦ REASON FOR EXTENSION: The project is in warranty period and the Agreement has expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. DS:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2008\04-08\BO-I I RA 01-1124 ROWL.docx 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: ST 2234(August 14,2002) ATTESTED: cc: Public Works—Construction JOHN CULLEN, Clerk ot the Efoard of Supervisors and County Current Planning,Community Development T—February 8,2010 Administrator Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 By ,Deputy Attn:Brian Olin St.Paul Fire and Marine Insurance Company 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Jane Kepner RESOLUTION NO.2008/ aZ 301 CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPING) AGREEMENT EXTENSION Development Number: RA 01-01124(cross-reference SD 95-07976) Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 3,2002 Third Extension New Termination Date: December 3,2009 Improvement Security Surety: St.Paul Fire and Marine Insurance Company Bond No. (Date): ST 2234 (August 14, 2002) Security Type Security Amount Cash: $8,291.00(1% cash,$1,000 Min.) Bond Rider: $ 123,100.00 (Performance) $414,550.00(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: March 4, 2008 FOR CONTRA COSTA COUNTY Developer's Signature(s) ,Public Works Director JLkV; . See Attached Signature Block B Printed Developer's Signature(s) RECOMMENDED FOR APPROV By: Printed (Engineering S ces)5ivision) Address St. Paul Fire and Marine Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 9325 Sky Park Court, Suite 220 San Diego, CA 92123 FORMAPPROVCD:Vical.WwwaCo ty C—d Address After Approval Return to Clerk of the Board Attorney t acts Signat e Jeri Apodaca, Attorney-In-Fact Printed Bond No. ST 2234 Phase 1,RA 01-01124 (X-ref SD 95-07976) aka Watermill Road @ Village Center Subdivision Agreement (Right-of-Way Landscaping)Extension WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC., a Delaware limited f liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, its Managing Member By: cam= GGc_: Brian G. Olin,Vice-President By: _ LCA nitCG )tL t d� David Geist, Authorized Agent CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA County of CONTRA COSTA ss. On March 6, 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) +s/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/hetheir authorized capacity(ies), and that by h0cJhPr1their 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 Commission# 171 5343 WITNESS my hand and official seal. Notary Public .California Contra Costa County Cama JQf 1 20111 (Signature of Notary Public) 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: Contra Costa County Subdivision (Right-of-Way Landscaping) Agreement Extension aka Windemere, Phase 1 RA 01-01124(X-ref SD 95-07976)Watermill Road @ Village Center Bond #ST 2234 Document Date: 03/04/08 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 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AM POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company Sl.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casually and Surely Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company Attorney-In Fact No. 219101 Certificate No. 0 019 4 710 7 KNOW ALI,MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the lays of the State of New York.that St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company and St.Paul Mercury Insurance COMPany are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company.Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws()['tile State of Connecticut,that United States Fidelitv and GUa anty Company is a corporation duly organized under the lays of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of lows,and that Fidelity and Guaranty Insurance Underwriters.Inc. is it corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint James A.Schaller,Jeri Apodaca,Linda Enright,Mike Parizino, Nanette Mariella-Myers, Rhonda C.Abel,and Jane Kepner of the City of_—Irvine— —_ State of California their true and lawful Attorney(.$)-in-Fact. each in their separate capacity if more than one is named above,to sign,execute.seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required orp 1nitilt&Nn any ations or proceedings allowed by law. 10th IN WITN ''S WHEREOF.EOF.then e Compa ave caused this instrumtdo be wined and theii:'corporate seals to be hereto affixed,(his eptemDer day of FS �b'� Farmington Casually Company . St.Paul Guardian Insurance Company Fidelity and Guaranlv`Insurance'Company, , St.Paul Mercury Insurance Company Fidelity and Guaranty Instra:nce'Underwiiilers,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casually and Surely Company of America St.Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company or,su,�� SIWEry ��p(1n • Or V "Y 4 �•PjO * O " PA Q'RCOR `> 14; '.'t�,% �p G,➢ /�� l Ice o � 1.91! A'CORt4t41ED .927 � ''�'� m{ �i°� _A>(•,m �W:`Go0.POngrf:m� 6 � ,>'�`�� `�' � %lar- �^i f; -- € u tiAnrFORD, tU19TFOF0,T! c1l0 �� 1951 NOSEAL:`i' CONN. �� ANN• /rp 1896 �. > 1` C�nFN �r....�..,'aa State.of Connecticut By: CitV of Hartford ss. Gcorg V 'Thompson. cnior ice President 10th September 2007 On this the day of before nuc personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of l-armington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he. as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as it duly authorized officer. o ew* In Witness Thereof,I hereunto set my hand anal oftitial seal.My Commission expires the 30th day of June,'01I. Maric C.Terreault.Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER