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Home My WebLink AboutMINUTES - 04082008 - C.18 TO: BOARD OF SUPERVISORS :`••===�; ` 1�: Contra A, FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTORn. 01. Costa DATE: April 8, 2008 '' l' _-rl;,_ • ti,�oa a coax County SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 03-08717, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/?-q6 for Subdivision 03-08717, 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 one year warranty period required, 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 _&---APPROVE ZTH r SIGNATURES ACTION OFBO ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPE ORS I hereby certify that this is a true and correct **4 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. DS:%z G:\EngSvc\BO\2008\04-08\80-I I SD 03-8717.docx ATTESTED: f) 4/'o Originator: Public Works(ES) a Contact: T.Rie(313-2363) JOHN CULLEN, dylerk o the Board of Bond No/Date:08719202(July 28,2003) Supervisors and County Administrator cc: Public Works-Construction Current Planning,Conununity Development T-February 9,2009 Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By ' Deputy Windemcre BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Rachcllc Rheault THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 8, 2008 by the following vote: AYES: Gioia,Uilkema,Pieplio,Bonilla and Glover-- NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/2 `YD SUBJECT: Approving the Second Extension of the Subdivision Agreement for Subdivision 03-08717, 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 03-08717, in the San Ramon (Dougherty Valley) area, through December 9, 2008; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: April 30, 2008 ♦ REASON FOR EXTENSION: Improvements are complete; agreement extension is for the one year warranty period. 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 SD 03-8717.docx and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: 'r.Rie(313-2363) Bond No/Date:08719202(July 28,2003) ATTESTED: cc: Public Works—Construction JOHN CULLEN, Clerk A the—'Boardthe—'BoarT of Supervisors and County Current Planning,Community Development T—February 8,2009 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 Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Rachelle Rheault RESOLUTION NO.2008/ �yb CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 03-08717 Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 9,2003 Second Extension New Termination Date: December 9,2008 Improvement Security Surety: Fidelity and Deposit Company of Maryland Bond No.(Date): 08719202(July 28,2003) Security Tvpe Security Amount Cash: $28,300.00(1% cash,$1,000 Min.) Bond Rider: $420,110.00(Performance) $ 1,414,500.00(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 Lle9. See Attached Signature Block By: Ida— Printed Developer's Signature(s) RECOMMENDED FOR APP By: Printed (Engineering ices - "AVS 's ) Address Fidelity and Deposit Company of Maryland (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized) 801 N. Brand Blvd., Penthouse Suite Glendale, CA 91203 F m"PROVED vkvl.w.=!,Co ycft-w Address After Annroval Return to Clerk ofthe Board ttorn is Sign re Jeri Apodaca, Attorney-In-Fact Printed Bond No. 08719202 Phase 2, SD 03-08717 aka Village 25 Subdivision 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: G —' Brian G. Olin,Vice-President By: Q'1n� 2K2A 1.�c David Geist,Authorized Agent CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA 1 )} 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) isEare subscribed to the within instrument and acknowledged to me that he4h4eAhey executed the same in histher-their authorized capacity(ies), and that by h+sgier4their 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. CATHERINEawe M. TAYLOR Commission #► 1715843 r: Notary Public -California WITNESS my hand and official seal. Contra Costa County Comm .bt t 2011 t (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 03-08717 aka Phase 2 Village 25 Civil 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 Top 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 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 2/12/08 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(x)whose name(R)is/w subscribed to the within instrument and acknowledged to me that l%e/she/1hxq executed the same in his/her/their,authorized capacity(iW, and that by NA/her/tom signature(s) on the instrument the person(g), or the entity upon behalf of which theerson p (zs)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. wu Commission #t 1778641 Notary Public -California : WITNESS my h �andofficial seal. _ nngee countb 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 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 acknowledgment 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 California(i.e. 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 if required. Number of Pages Document Date State and County information must be the State and County where the document 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 THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/shed hey—is/ate)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 (Tide) sufficient arca permits,otherwise complete a different acknowledgment form. El 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. ❑ 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.CFO,CFO,Secretary). • Securely attach this document to the signed document T Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and 1'. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2,of the By-Laws of said Company, wset forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s l� nate, constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful age n - - ac ke, execute, seal and deliver, for,and on its behalf as surety,and as its act and deed- s 9 0 ,and the execution of such bonds or undertakings in pursuance of these r 9 �n pany,as fully and amply, to all intents and purposes,as if they had beenc ac « �gularly elected officers of the Company at its office in Baltimore,Md., in r pers eattorney revokes that issued on behalf of Jeri APODACA,dated 713 The said Assistant c 0 at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- a C any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �p DEPps� � f _ O O B v: T. E. Smith Assistant Secretan, Paul C. Rogers Vice President State of Maryland1 SS: City of Baltimore f On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �YWI Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J