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Home My WebLink AboutMINUTES - 04082008 - C.17 s ` TO: BOARD OF SUPERVISORS �� '�_-��:. Contra FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR r'1 ' .......... Costa DATE: April 8, 2008 County Sra ctiurz� SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 03-08713, San .Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTl1.-ICATION RECOMMENDATION(S): ADOPT Resolution No. 2008439 39 for Subdivision 03-08713, approving the Second Extension of the Subdivision 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 developer has not completed the improvements required for the warranty period and the Subdivision Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ✓ 1PPROVE OTHER SIGNATURE(S : ACTION OF B D ON APPROVED AS RECOMMENDED 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 ABSENT: ABSTAIN: date shown. DS:vz G:\EngSvc\BO\2008\04-08\BO-11 SD 03-8713.docx OLt/n 91r).z Originator: Public Works(ES) ATTESTED: Contact: T.Ric(313-2363) JOHN CULLEN, Clerk of he Board of Bond No/Date: 104125067(July 7,2003) Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development T—February 9,2009 Chris Low,City of San Ramon 2222 Cantino Ramon,San Ration,CA 94583 y , eputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Travelers Casualty and Surety Company of Hartford 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Rosa E.Rivas e ;17 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 8, 2008 by the following vote: AYES: Gioia,Uilkem—k Piephb,Bonilla and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 03-08713, 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 Subdivision Agreement between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 03-08713, in the San Ramon (Dougherty Valley) area, through December 2, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: March 31, 2008 ♦ REASON FOR EXTENSION: Improvements are complete; agreement extension is required for one year warranty period. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken DS:vz and entered on the minutes of the Board of Supervisors on the date G:\EngSvc\BO\2008\04-08\BO-1 I SD 03-8713.docx Shown. Originator: Public Works(ES) Contact: T.Rie(313-2363) ATTESTED: 0 O Bond No/Date: 104125067(July 7,2003) JOHN CULLEN, Clerk of the Boar of Supervisors and County cc: Public Works—Construction Administrator Current Planning,Community Development T—February 8,2009 Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windcmcre BLC Land Company,LLC By ,Deputy 6121 Bollinger Carryon Road,Suite 500 San Ramon,CA 94583 At n:Drian Olin Travelers Casualty and Surety Company of Hartford 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Rosa E.Rivas RESOLUTION NO.2008/ CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 03-08713 Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 2,2003 Second Extension New Termination Date: December 2,2009 — ----- ---- — — ----- — ....--...------ -- -- Improvement Security I Surety: Traveler's Casualty and Surety Company of America Bond No.(Date): 104125067(July 7,2003) Security Type Security Amount Cash: $10,100.00(1%cash,$1,000 Min.) Bond Rider: S 150,285.00(Performance) $506,000.00(Labor&Material) 'rhe 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 25, 2008 FOR CONTRA COSTA COUNTY Developer's Signature(s) :4a�u �r n,.�...�'.i:s Public Works Director Jwl�a See Attached Signature Block Printed Developer's Sig-nature(s) _ RF,CONfNIENDEDlti VAL: ray: _- _ -- Printed (Engineerin ' rvices Divisi ) Address Travelers Casualty_and_Sur_ety—Company of America (NOTE: Developer's, Surety!v and Financial Surety or FinancialInstitution Institution's Signatures must be Notarized) 9325 Sky Park Court, Suite 220 San Diego, CA 92123 _....... 7orJ..errxperu .'[trl.weunu c:o.ry C.wsel Address After Approval Return to Clerk otthe Board — Lorne � Facts Signatu jL� --- Jeri Apodaca, Attorney_In-Fact Printed J Bond No. 104125067 Phase 2, SD 03-08713 aka Village 21 Subdivision Agreement Extension (Civil) 1 , ) WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC., a Delaware limited liability company, its Managing Member By: .L.ENNAR HOMES OF CALIFORNIA, INC., a California corporation, its Managing Member By: Brian G. Olin, Vice-President By: David Geist, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA l )} County of CONTRA COSTA ss. On January 30, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared David Geist, who proved to me on the basis of satisfactory evidence to be the personw whose name(s) is4Fe subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hist",�ir authorized capacity(ies), and that by histherlthe;F signature(o on the instrument the person(s), or the entity upon behalf of which the personal 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. 14- CATHERINE M. TAYLOR Commission• 1715843 9 ZI Notary Public -California WITNESS my hand and official seal. Contra Costa County Comm jcnIZ X11 ( ignature 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 Extension, Windemere, SD 03-08713 aka Phase 2, Village 21 Civil Improvements, Bond #104125067 Document Date: January 25, 2008 Number of Pages: 5 Signer(s)Other Than Named Above: Jeri Apodaca,Attorney-In-Fact(Surety) and Brian G. Olin, Lennar Homes, Its Vice President Capacity(ies) Claimed by Signer Signer's Name: David Geist ❑ Individual - • ® Corporate Officer—Title(s): Asst. Secretary Top of thumb here ❑ 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 ACKNOWLEGEMENT State of CALIFORNIA 1 )} County of CONTRA COSTA ss. On January 29, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared Brian G. Olin, who proved to me on the basis of satisfactory evidence to be the person(O whose name(o is/awe subscribed to the within instrument and acknowledged to me that he/6he/they executed the same in histherlthei authorized capacityoee&), and that by hisfh,�1their signatureW on the instrument the person(o, or the entity upon behalf of which the person(O 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 # 1715843 Notary Public-California WITNESS my hand and official seal. Contra Costa County COnrn Jm12 3011 (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 Extension SD 03-08713 aka Phase 2, Village 21 Civil Improvements, Bond#104125067 Document Date: January 25, 2008 Number of Pages: 4 Signer(s) Other Than Named Above: Jeri Apodaca,Attorney-In-Fact(Surety) Capacity(les) Claimed by Signer Signer's Name: Brian G. Olin ❑ Individual - • ® Corporate Officer—Title(s): Vice-President Top of thumb here ❑ 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 1/25/08 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(x)is/w subscribed to the within instrument and acknowledged to me that lra/she/9W executed the same in bis/her/*eix authorized capacity( , and that by W/her/tbtr signature(s) on the instrument the person(i), or the entity upon behalf of which the persons)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 CanmlWor►a! 1778641 WITNESS my and and official seal. "00111►oboe •Celnornlo Orono* County WCanM.800Nov6,2011 r (Notary Seal) 1'9 Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage eractly 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 (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the is verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer). Please check the (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 TIS SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(S) he/she/the:)-is late)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. i ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. IN 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 OtheI 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 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmingun Casualty Company.Fidelity and Guaranty Insurance Ccrrnpany, 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 Guarana•Company,which resolutions are now in lull force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President.the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of.the Company zinc] may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Ciimpany's seal bonds,recogniramces.contracts 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 RESOLVED.that the Chairman,the President.any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees 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,recoLnira nce.contract of indemnity or writing obligatory in the nature of it bond,recognizance.or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman.any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President.the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by it 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 certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers: President,any Executive Vice President,any Senior Vice 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 Resident Vice Presidents. Resident Assistant Secretaries or AttorneyS-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings oblig:nory 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 zinc]certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future 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 Cgmpan^St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company,Travelers Casualty and Surety. a-ai,d United States Fidelitv and Guaranty Company do hereby certify that the above and foregoing is it true and correct copy of the Power:df'Attorneyexecuted by sitijN ontpanies,which is in full force and effect and has not been t \�> Q�l. revoked. �.��'. `fie>•' ��:l� <: Y R ' <�%5 ; IN TESTIMONY WHEREOF,1 have hereunto set my hand and aitfxed the•seails of said\Coitipanies this 25th day of January .-o 08. �y y Kori M.Johann Assistant Secretary GRSU�� p,1'••• Stlr�/y �iRE 4�` TSN.!NSG •jam�XgUq ti TV 4N0 SW -`QTY I4_ a�' '�6 �� aCOAPOftttm �' i3 etORooq��F+m fQ`:`DaFORAr,0 Zb` 0 1977 1927 K r 1 ia; _._ :o: a taaar aw, MIA 5 " sent..•af ±;. °' O° 9�0,� .� � as Q # �. �r M.�'•.;... �'�' SBAL:'3 'm �° pd To.yerify the authenticity of this Power of Attorney.call 1-800-421-3880 or contact LIS at www.u:avclersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER