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Home My WebLink AboutMINUTES - 04082008 - C.9 TO: BOARD OF SUPERVISORS :`=�-�,, ��==��_�:. Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR o �,,,t ,;< Costa DATE: April 8, 2008 ~' Count ,srA.couii'�'{ Y SUBJECT: Approve the Third Extension of the Road Improvement Agreement 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/.231 for Road Acceptance 01-01124 (cross-reference Subdivision 95-07976), approving the Third 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 Improvement Agreement extension has expired. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement extension will not be renewed. Continued on Attachment: ✓ SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE /APPROVE OTHER SIGNATURES ACTION OF BO D ON APPROVED AS RECOMMENDED �L4= ,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-ll RA 01-1124.docx ATTESTED: Originator: Public Works(ES) Contact: T.Rie(313-2363) JOHN CULLEN, Clerk o the Board of Bond No/Date: SW 0106(November 13,2002) Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development T—February 8,2010 Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By eputy Windemerc BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin St.Paul Fir c 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: AYES:Gioia,Uilkema,Piepho,Bonilla and Glover NOES: None ABSENT: None ABSTAIN: None ABSTAIN: RESOLUTION NO. 20081ZSI SUBJECT: Approving the Third Extension of the Road Improvement Agreement 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 Road Improvement Agreement 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 17, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ 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\60\2008\04-08\60-11 RA 01-1124.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: SW 0106(November 13,2002) ATTESTED: '!> cc: PublicWorks—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Corrununity Development T—February 8,2010 Admi iistrator Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemcre 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/ 2 3� CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 01-01124(cross-reference SD 95-07976) Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 17,2002 Third Extension New Termination Date: December 17,2009 Improvement Security Surety: St.Paul Fire and Marine Insurance Company Bond No. (Date): SW 0161 (November 13,2002) Security Type Security Amount Cash: $42,070.00 (1% cash,$1,000 Min.) Bond: $4,164,930.00 (Performance) $2,103,500.00 (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: March 4, 2008 FOR CONTRA COSTA COUNTY Developer's Signature(s) J � Public Works Director See Attached Signature Block B Printed Developer's Signature(s) RECOMMENDED FOR APPR A►: 1 By: Printed (Engineering Servii j Divi ion) �/ 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 FORM APPROVED:Vicar 1.W.0 m C—tyC-1 Address ' Ager Approval Return to Clerk of the Board Attorney�acts Signalture Jeri Apodaca, Attorney-In-Fact Printed Bond No. SW 0161 Phase 1, RA 01-01124(X-ref SD 95-07976) aka Watermill Road @ Village Center Road Improvement Agreement Extension (Civil) 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 i By: �6�--- Brian G. Olin, Vice-President By: At David Geist, Authorized Agent CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA l )} 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) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hir,1#er-/their authorized capacity(ies), and that by his/hetheir 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 # 1715843 Notary Public -C011fornla WITNESS my hand and official seal. Contra Costa Coun 6W, Cwm9VWjan12 2011 (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 Road Improvement Agreement Extension aka Windemere, Phase 1 RA 01-01124(X-ref SD 95-07976)Watermill Road @ Village Center Bond#SW 0161 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 7thumb Corporate Officer—Title(s): Brian G. Olin,Vice-President 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 ........................................................................................................................................................................................................................................................................... ................. s: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange E On 3/04/08 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/m subscribed to the within instrument and acknowledged to me that kor/she/tom executed the same in bis/her/their authorized capacity(jW, and that by W/her/tom 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. lc. wu Commlulon #r 1779tS41 WITNESS y hand and official seal. Notary Public -California (. orange County NMCo nM&PkWNovb,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 i? 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 E 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 if required. • 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 THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) he/she/lhey, is/are)or circling the correct forts.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. 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.CE 0,CFO,Secretary). • Securely attach this document to the signed document WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,]lie. Travelers Casualty and Surety 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. 001947106 KNOW At.[..MEN BY TFIF..SF..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.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota.that Farmin;ton Casualty Company,Travelers Casualty and Surety Company,and"Travelers Casualty and Surety Company of America are corporations duly organized 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 Maryland,that Fidelity and Guaranty Insurance Company is a corporation duh'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 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(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,recognir_ances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their.husiness of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pergiitted)in any-actions or proceedings allowed by law. 10th IN WITN%J� Mtty.OF,the Coni[ have caused this insuwncnt-lo-be s\gned.and(l>eiryurporatc seals to be hereto affixed,this day of Farmington Casualty Company . 1 \• St.Paul Guardian Insurance Company Fidelity and Guarant Insurance Ganpany SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwrilers,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GRSU.t�' 'JtnEry t\RE y O�RM..1 M,rG .'�'j~MSV q., J'�TY 4ry�S L F:AL 'o; tom`:.SBALlitA� State of Connecticut Bv: _ City of I larlford ss. Gcorg V Thompson. eniur '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 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. Patti 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 hinhself as a duly authorized officer. p•T�T In Witness Whereof,I hereunw set my hand and official seal. My Commission expires the 30th day of'June.2011. p�L1G * Marie C.Tetreault.Notary Public si 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER