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Home My WebLink AboutMINUTES - 06172008 - C.13 t o 5E---` TO: BOARD OF Contra SUPERVISORS _- � ,�=�.,, FROM: JULIA R. BUERENi PUBLIC WORKS DIRECTOR Costa x- -�•'r1ii11111K .. � DATE: June 17, 2008 ' sr9-counrt'1 County SUBJECT: Approve the fourth Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08152, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ 3 J"�for Subdivision 00-08152, approving the fourth 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 Subdivision Agreement (Right-of-Way Landscaping) has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping) will not be renewed. Continued on Attachment: SIGNATURE: _--RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ROVE OTHER SIGNATURES : ACTION OF B ON APPROVED AS RECOMMENDED OT R VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES-7 < minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. DS:jc G:\EngSvc\BO\2008\06-10\SD 00-08152 BO-11 FORM.docx ^_ Originator: Public Works(ES) ATTESTED: OC- T�Q Contact: T.Ric(313-2363) (1 Bond No/Date:SP 7828(February 27,2006) JOHN CULLEN, Clerk of the Board of cc: Public Works–Construction ery Suisors and Count Administrator Current Planning,'Comrriunity Development p y T–February 9,2009 Windemere BLC Land Company,LLC Attn:Brian Olin 6121 Bollinger Canyon Rd.Suite 500 San Ramon,CA 94583 By , eputy Travelers Casualty and Surety Company Of America(formerly The American Insurance Company) 9325 Sky Park Court,Suite 220 San Diego,CA 92123 ci3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 17, 2008 by the following vote: AYES: GIOIA,UILKEMA,PIEPHO,BONILLA&GLOVER j NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/ 3$ " SUBJECT: Approving the fourth Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08152, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the fourth 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 00-08152, in-the San Ramon (Dougherty Valley) area, through April 9, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: November 30, 2008 ♦ REASON FOR EXTENSION: Improvements are in required warranty period until November 2008, and the Subdivision Agreement has expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. DSJc I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2008\06-10\SD 00-08152 BO-11 FORM.docg and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Contact: T.Rie(313-2363) shown. Bond No/Date:SP 7828(February 27,2006) cc: Public Works—Construction Current Planning,Community Development ATTESTED: T—February 9,2009 JOHN CULLEN, Clerk of the Board of Supervisors and County Windemere BLC Land Company,LLC Attn:Brian Olin Administrator 6121 Bollinger Canyon Rd.Suite 500 San Ramon,CA 94583 Travelers Casualty and Surety Company Of America(formerly The American Insurance Company) . By ,Deputy 9325 Sky Park Court,Suite 220 San Diego,CA 92123 RESOLUTION NO.2008/ 3�� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: SD 00-08152 Developer: Windemere BLC Land Company, LLC Original.Agreement Date: April 9, 2002 Fourth Extension New Termination Date: April 9, 2009 Improvement Security Surety Travelers Casualty and Surety Company of America (formerly The American Insurance Company Bond Rider No. (Date): SP 7828(February 27, 2006) (formerly 111 275 077 77,February 27,2002) Security Type Securrt�/Amount Cash: $ 1,100.00(10/o cash,$1,000 Min.) Bond: $16,310.00(Performance/Maintenance) 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 20, 2008 FOR CONTRA COSTA COUNTY Developer's Signature(s) .�'� Public Works Director JK See Attached Signature Block By: Printed Developer's Signature(s) RECOMMENDED FOR RO By: Printed (Engineerin is h) Address (NOTE: Developer's, Surety's and Financial Travelers Casualty and Surety Company of America .institudon's Signatures inust be Notarized.) (formerly The American Insurance Company) Surety or Financial Institution FORM APPROVED: Victor J. Westman, County 9325 Sky Park Court, Suite 220 Counsel San Diego, CA 92123 Address AfterAvaroval Return to Clerk of the Board n ► i._ _ AMAn SignatuVee Jeri Apodaca Attorney-In-Fact Printed Bond No. SP 7828 Phase 1,SD 00-08152 aka Village 13 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 liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, its Managing Member By: Arian G. Olin,Vice-President � 1 David Geist,Authorized Agent �: CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA SS. County of CONTRA COSTA On March 21, 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(&)whose name(o isle subscribed to the within instrument and acknowledged to me that he/s#elthey executed the same in his1her1the9 authorized capacity(ieso, and that by his/heFAheiTsignature(s)on the instrument the person(&), 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. CATHERINE M. TAYLOR Commission A 1715843 Notary Public •California WITNESS my hand and official seal. Contra Costa County Comm=Jon 12,201 ,(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 00-08152 aka Windemere, Phase 1,Village 13, Bond#SP7828 (Formerly#111275077771 Document Date: March 20,2008 Number of Pages: 5 Signer(s) Other Than Named Above: Jeri Apodaca,Attorney-In-Fact(Surety) David Geist,Authorized Agent(Lennar Homes of California, Inc.) Capacityfmo 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 I CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA l )} County of CONTRA COSTA ss. On March 21, 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 person(O whose name(&) is4Fe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histh,prIthpT authorized capacity(ies), and that by hist",�m signatureW on the instrument the person(, 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 # 1718043 •� Notary Public -CaliforniaWITNESS my hand and official seal. Contra Costa County Comm ion 12.2011 (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 Subdivision Agreement(Right-Of-Way Landscaping) Extension, SD 00-08152 aka Windemere, Phase 1,Village 13, Bond #SP7828 (Formerly Bond#11127507777) Document Date: 03/20/08 Number of Pages: 4 Signer(s)Other Than Named Above:Jeri Apodaca, Attorney-In-Fact(Surety) Capacity(ies)Claimed by Signer Signer's Name: David Geist ❑ Individual • ® Corporate Officer—Title(s): Authorized Agent To 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 I L . CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange �- On 3/20/08 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()whose name(a)is/tee subscribed to the within instrument and acknowledged to me that ka/she/gW executed the same in bis/her/*eix authorized i capacity(�W, and that by W/her/tom signature(s) on the instrument the person(R), 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. wu Commiaalon # 1778641 WITNESS my hand and official seal. -. Notary Public -California Orange CountylOes (Notary Seal) m' NOV 6,2(111 SignafVe of Notary Public ADDITIONAL OPTIONAL INFORMATION E INSTRUCTIONS FOR COMPLETING THIS FORM :i Any acknowledgment completed in California must contain verbiage exactly as :i 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 verbiage does not require the notary to do something that is illegal for a notary in t•` 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/they—is/are)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. ❑ 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 AIM 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,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 Attorney-In Fact No. 219101 Certificate No. 001947046 KNOW ALL 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.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 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 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 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,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perm tted,in any-actions or proceedings allowed by law. ° 10th IN WITNFNPNYJ 'rOF,the Comp a��I ave caused this instrment,to be signed,an'dtt�heeirlcorporate seals to be hereto affixed,this day of Farmington Casualty Com' y St.Paul Guardian Insurance Companyp n Fidelity and Guaranty 4nsuravnce'Comany, St.Paul Mercury Insurance Company Fidelity and Guaranty Insuran`ce\\Underwriters ,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 (� � j' 6`h N N INS(, N ^,I• YY 1982e'0 1.977 PICOAIVRATED .927 g ma m'� e,ml y,rpOPPONATt:;,ni � � )F .�' a HARTFORD, < f[4RTfORD. ccr� a y9Jrt N l3 �:.,5 E A L;o t 1�`•SBAL:t3' y CORN. o i� ^ 1896 b 9�, ,� v N c v''•......::'at_% �yf[.,., •..''du y se �saif/�.. ry• �'�+ d A� �h£N a�F^,,,,n `o fs.:AN� �..5....... �A b+ gyp+ f • '�' '•�/AtNfi`� State of Connecticut By: City of Hartford ss. Georg Thompson, emir 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. 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. C.7 In Witness Whereof,I hereunto set my hand and official seal." My Commission expires the 30th day of June,2011. yy Marie C.Tetreault,Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER