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Home My WebLink AboutMINUTES - 04082008 - C.16 TO: BOARD OF SUPERVISORS �'-=`:, ` =- Contra - ' Costa FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR .a DATE: April 8, 2008 County rrA.couta SUBJECT: Approve the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 01-08153, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Subdivision 01-08153, 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 the 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 PROVE 4nTHER r SIGNATURE(S):� 401-e�� ACTION OF BO ON APPROVED AS RECOMMENDED_)t-- OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT 1 copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the DS:vz ABSENT: ABSTAIN: date shown. G:\EngSvc\BO\2008\04-08\BO-11 SD 01-8153.docx Originator: Public Works(ES) / Contact: Teri Rie(313-2363) ATTESTED: D `1' O Bond No/Date:ST 2230(August 14,2002) JOHN CULLEN, Clerk of e Board of to 91 cc: Public Works—Construction Current Planning,Community Development Supervisors and County Administrator T—February 8,2009 Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 By , Deputy San Ramon,CA 94583 Attn:Brian Olin St.Paul Fire and Marine Insurance Company 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Rhonda C.Abel THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 8, 2008 by the following vote: AYES: Gioia,Uilkema,Piepho,Bonilla and Glover -- NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/,2 Sk SUBJECT: Approving the Third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 01-08153, 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 Subdivision 01-08153, in the San Ramon (Dougherty Valley) area, through December 3, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: April 30, 2008 ♦ REASON FOR EXTENSION: Improvements are complete and is required for the one year warranty per Subdivision Agreement (Right-of-Way Landscaping). 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\B0\2008\04-08\B0-I I SD 01-8153.docx and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown. Contact: Teri Rie(313-2363) Bond No/Date:ST 2230(August 14,2002) ATTESTED: O 4r> o cc: Public Works—Construction JOHN CULLEN, Clerk A the board of Supervisors and County Current Planning,Community Development T—February 8,2009 Adminis 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:Rhonda C.Abel RESOLUTION NO.2008/ 02 �� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: SD 01-08153 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 2230(August 14,2002) Security Type Security Amount Cash: $1,000.00(1% cash,$1,000 Min.) Bond Rider: $2,480.00(Performance) $8,750.00(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: February 12, 2008 FOR CONTRA COSTA COUNTY Developer's Signature(s) Public Works Director u,1io. . urea See Attached Signature Block By: Printed Developer's Signature(s) RECOMMENDED FOR APPR L By: - Printed (Engineering S vices i st ) 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 f0►_M APPROvFM VicwJ We C=q Co—d Address After Approval Return W Clerk gf1he Board Attorney t ignat e Jeri Apodaca, Attorney-In-Fact Printed Bond No. ST 2230 Phase 1, SD 01-08153 aka Village 14 Subdivision Agreement(Right-if-Way Landscaping)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:&k aft A David Geist,Authorized Agent CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA l )} County of CONTRA COSTA ss. On February 13, 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) iEWare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hirthArEtheir authorized capacity(ies), and that by his4w4their 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 Comml331on # 1715843IL z ;-w Notary Public -California Z Contra Costa County WITNESS my hand and official seal. Comm.=Jan 12,2011 COW,- (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 Agreement(Right-of-Way Landscaping) Extension SD 01-08153 aka Phase 1 Village 14 Landscape Improvements Document Date: February 12, 2008 Number of Pages: 4 Signer(s)Other Than Named Above: Jeri Apodaca,Attorney-In-Fact(Surety) Capacity(ies) Claimed by Signer Signer's Name: See below ❑ Individual • ® Corporate Officer—Title(s): Brian G. Olin,Vice-President TO ofthumb 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 ::.,.........,...................... ..:.:.:._....,..,........,.,,........................ ............,..,,..,..,.:...,.,,.. ........,,..... ,,..,...... . .....:.............................:::..................................................................................................... ................................ ... .............. ........... ......... CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 2/12/08 before me, K. Luu, Notary Public j (Here insert name and title of the officer) personally appeared Jeri Apodaca i who proved to me on the basis of satisfactory evidence to be the person(x)whose name(x)is/=subscribed to the within instrument and acknowledged to me that]za/she/tom executed the same in bis/her/lheix authorized capacity(�m), and that by 13jA/hefteix signature(s) on the instrument the person(g), 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. ulu Commission # 1778641 WITNESS my h and official seal. Notary Publle -California z Orange County N►VCamRt Expi►esNov6,2011 (Notary seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as ?E DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be E? 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 (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(Le. certifying the authorized capacity of the signer). Please check the f; (Title or description of attached document continued) document carefully for proper notarial wording and attach this form ifrequired. • 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 must also be the same date the acknowledgment is completed. (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 notarization. CAPACITY CLAIMED BY TBE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) Wahelthey is lam)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ 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. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. ® Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not 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 :.................................... .................................. .............................................................................. .......... • WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AM POWER OF ATTORNEY TRAVELERSFarmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casually and Surety Company Seaboard Surely Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219101 Certificate No. O O 19 4 7 0 4 5 KNOW AIA,MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Pawl 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(July ogLanized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Marvland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the Stale of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constittte 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 Attornev(s)-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 lhereol on behalf of the Companies in thcir_husiness of,guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeim_bonds and undertakings required or permitte 'in any-actions or proceedings allowed by law. -:(V.any �` 1 ' 10th IN WlTNVSS 1Veml�ef OF.the ConT�i&i [lave caused this instrumenyo`be signed and theiit-cor'pi rate seals to be hereto affixed,this day of \�� tie_✓�... Farmington Casualty Compariv �,y.•_.' ^•; ti;i St.Paul Guardian Insurance Company Fidelity and Guaranty-Insurance'C(Tinpany,;^'u St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance`Underwritcrs,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surely Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company �r,sv,.r pylQY SURfIy "E�y, \�,M..�MS� ''Yw ne: J'�IyAND 4�TY'WO �PP•Oq� �� C�`i-a'��a yr ¢� _�`"S QP: .9 �P.............q1 9 s� 4 y� S O •6 30 Q®/� -- �g �tkON �y1 W.,o , �'" /,/ter/�• ` 41 �y PPORgT ,n i ,a� 1927 4 15� a4 HARFORD or CONN. g 1896 T�r b1 •P� f V'J AtN State of Connecticut By: _ City of Hartford ss. Georg V Thompson. eni I 'ice President 10th September 2007 On this the day of before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farrnington 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 a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. e _My Commission expires the 30th day of.lune•201I. Marie C.Terreault.Nosrr}Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Auornev is�`rmtcd under and by the authoring 01'1111,ftlll0will2 re.1olutinns adopted by the Boards of Directors of Fannin fern Casualty Company.Fidelity ;and Gu:u'anty 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,which resolutions are now in full force and effect.reading as follows: RESOLVED, that the Chairman. the President, anv Vice Chairman,any Executive Vice President, an Senior Vice President, an} Vice President. any Second Vice President.the Treasurer,anv Assistant Treasurer,the Corporate Secretary or tiny Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and mangy give such appointee such authority:as his or her certificate of authority may prescribe to sign Will, the Company's name and seal with the Compan;',seal bonds.rCCC gnlZallree5.Conti, of Indemnity,and other writings obligatory in the nature of a bond,recognizance.or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such:appointee and revoke the power given him or her:and it is FURTHER RESOI.V•ED. that the Chairman.the President,any Vice Chairman, any Executive Vice President.any Senior Vice President or am'Vice President may delegate all or any part of the foregoing authority to one or more officers or emplovees of this Company.provided that each such delegation is in writing and a copy- thereof is filed in the office of the Secretary:and it is FURTHER RESOLVED,that any bond. recognizance.contract of indemnity,or wrilin=obligator in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company When(a)signed by the President,any Vice Chairman.anv Executive Vice President.anv Senior Vice President or anv Vice President,anv Second Vice President.the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duhy attested:and sealed with the Cuinpanv's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal,if'required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certifteateS of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED.(hat the signature of each of the following officers: President.any Executive Vice President.any Senior Vice President,anv Vice Presidcnt, 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 Resident Vicc Presidents. Resident Assistant Secretaries or Attorneys-in-Fact fur purposes only of executing and attesting bonds and undertakings and other writings ohligatory in the nature thereof,and any Such power of attorney or certificate bearing such facsimile signauu'e or facsimile Seal shall be valid and binding upon the Companv and any such power so executed and certitied by Such facsimile signature and facsimile seal shall be valid and binding on the Company in the futau'e With respect to any bond or understanding to Which it is attached. 1.Kori M.Johanson,the undersigned-Assistant Secretary,of Farmington 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. Paual Mercury Insurance Company.Travelers Casmlty and Surety Company.Travelers Casualty and:Surety.Coimpany-of America.-and United States Fidelity and Guaranty Company do hereby certifv that the above and foregoing is a true:md correct copy OI the Power,(if flttornex;,exec ied hy:,saiid'C'ompanics.which is in full force and effect and has riot been . . f 4•..r,1,;..}Y. ''�_::� .,�.',. •, � � IN'1'ESTIMONY WHEREOF. I h:n•e hereunto set my hand and affixed the scats of said`Cotnpanies this 12th Jay of February .20 08 Kuri M.Johansc Assistant Secretary I.SU S5 Er" �IKk 1�~` �•\� lY A c 4 a y� i�� M,rG ��r.svy No voswq 41t7Y O 5 �� NCORpprytTfD� 2L EE6aaa Y m� /.>ri � f•.m. �RPONgT�.'..P°: y n I D �\ i 1982 0 � 1977 1927 1^ �t�• , ; tz —._ o; CONN. 5 COt'LY. J 1896 \�..SE/IL.o, SEAL:4 W \ ! 6`' "~a ''bh *� '�F�'�tF�� 'a,`'�.�•:r� �`,y:•;.AW��1 e� .:pie/ 'a e; �i•�.��p 1 TO verify file authenticity of this Power of Attorney,call 1-1,II0-421-38ti0 or contact us at www.traveler:shond.com. Please refer to the Attorney-In-Fact number.the above-nauned individuols:and the details of the bund lda which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER