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Home My WebLink AboutMINUTES - 06172008 - C.14 1 . - , . t \ °� TO: BOARD OF.SUPERVISORS <- �='� Contra . FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTO S. 'z Costa -mn. DATE: June 17, 2008 °o -- - County oun SUBJECT: Approve the fourth Extension of the Subdivision Agreement for Subdivision '/ 99-08154, 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/ for Subdivision 99-08154, approving the fourth 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 Subdivision Agreement extension has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement will not be renewed. Continued on Attachment:11� SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE --APPROVE OTHER t SIGNATURES : ACTION OF 11O 'D ON APPROVED AS RECOMMENDED OTHER v TE 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: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. DS jc G:\EngSvc\BO\2008\06-10\SD 99-08154 BO-11 FORM.docx Originator: Public Works(ES) ATTESTED: Contact: T.Rie(313-2363) Bond No/Date:111 335 99 22(November 30,2001) 1 JOHN CULLEN, Clerk of the Board of cc: Public Works—Construction Current Planning,Community Development Supervisors and County Administrator T—December 12,2008 Windemere BLC Land Company,LLC Attn:Brian Olin 6121 Bollinger Canyon Rd.Suite 500 San Ramon,CA 94583 By , Deputy The American Insurance Company Attn:Richard A.Kowalazyk 777 San Marin Drive Novato,CA 94998 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA _R.P"nI„t;nn_nn_Iune__17.20.08 b_v_the following vote: AYES: GIOIA, UILKEMA,PIEPHO,BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE j RESOLUTION NO. 2008/ SUBJECT: Approving the fourth Extension of the Subdivision Agreement for Subdivision 99-08154, 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 between Windemere BLC Land Company, LLC and .the County for construction of certain improvements in Subdivision 99-08154, in the San Ramon(Dougherty Valley) area, through February 12, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: June 30, 2008 ♦ REASON FOR EXTENSION: Improvements are in the required warranty period 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 99-08154 130-11 FORM.docx 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:111 335 99 22(November 30,2001) cc: Public Works—Construction / Q Current Planning,Community Development ATTESTED: T—December 12,2008 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 The American Insurance Company , Attn:Richard A.Kowalazyk 777 San Marin Drive By ,Deputy Novato,CA 94998 RESOLUTION NO.2008/ 3�fi i CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 99-08154 Developer: Windemere BLC Land Company, LLC Original Agreement Date: February 12, 2002 Fourth Extension New Termination Date: February 12, 2009 Improvement Security Surety The American Insurance Company Bond No. (Date): 111 335 99 222(November 30,2001) Security Tvue Security Amount Cash: $8,600.00(1% cash,$1,000 Min.) Bond Rider: $ 127,000.00 (Performance) $427,750.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the bone date; and Contra Costa County and said Surety hereby agree thereto and acknowledge same. ��rr Dated: Dated• v FOR CONTRA COSTA COUNTY Developer's Signature(s) ublic Wo Di or See Attached Signature Block By: Printed Developer's Signature(s) RECOMMENDED FOR APPRO By: Printed. (Engineeri ision) Address 4 (NOTE.• Developer's, Surety's and Financial InSdfution'SSignatures must beNotarized.) The American Insurance Company Surety or Financial Institution FORM APPROVED: Victor J. Westman, County _ Counsel 777 San Marin Dr., Novato, CA 94998 w A&Z Avn vai Reftim to M&of the Board Attorney in Facts Sig ature Richard A. Kowalczyk, Attorney-In-Fact Printed ' U Bond No. 111 3359 9222 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: David Geist, Authorized Agent J CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA County of CONTRA COSTA ss. On April 29, 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/sWthey executed the same in Ns their authorized capacity(ies), and that by histher-�their 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#F 1715045 WITNESS my hand and official seal. Notary Public-CaliforniaContra Costa County Canm .IQ►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 Subdvision Agreement Extension, Windemere, Phase 1, SD 99-08154, Village 15, Civil Improvements, Bond#11133599222 Document Date: April 22,2008 Number of Pages: 4 Signer(s)Other Than Named Above: Richard A. Kowalczyk, 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 FD2EMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY. KNOW ALL MEN BY THESE PRESENTS: Thai FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois Corporation,THE AMERICAN INSURANCE COMPANY,an Ohio corporation,ASSOCIATED INDEMNITY CORPORATION,a California corporation,and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation(herein collectively called"the Companies")does each hereby appoint Richard A.Kowalczyk of Novato,California their true and lawful Attorney(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)in Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 1916 day of March,1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of-any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their duly authorized officer,and their corporate seals to be hereunto affixed this Z/-"qday of March,2008. ow., FIREMAN'S FUND INSURANCE COMPANY `� a. NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY f�`"'o' �` ASSOCIATED INDEMNITY CORPORATION * AMERICAN AUTOMOBILE INSURANCE COMPANY BY 7 . Linda E.Wright Senior Vice President&Treasurer STATE OF CALIFORNIA ] ]SS. COUNTY OF MARIN On l�lLl.kC 5k beforeme, S Gt`JQ.'Yl Date Here insert Nam)eyand Title of the Officer Personally appeared Name of Si er(s) - who proved to me on the basis of satisfactory evidence to be the person(sf whose name( is/apesubscribed to the within instrument and acknowledged to me that. Wsheft4eY executed the same in t�Lfher/t�&authorized capacity(ip:4,and that by 1 /her/tfiA signature(�yon the instrument the person(sY,or the entity upon behalf of which the person(+s'facted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true�andd corr�ec�t. WITNESS my hand and official seal. Signature Signature of Notary Public CERTIFICATE SAM EliSA"EMKU STATE OF CALIFORNIA ] _ Comm*alon#1651725 ]SS. N t w Ptak--cdmxft COUNTY OF MARIN ] Mddn County — MY Comm.Expiry Mar 1 4,201 I, the undersigned, Assistant Secretary of each company, DO HEREBY certify that the foregoing and attached POWER F A O remains in full force and has not been revoked; and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed at the County of Marin. Dated: April 22, 2008 #80465 / istant Secretary ACKNOWLEDGMENT State of California County of Marin ) On April 22, 2008 before me, Jody J. Martinez (insert name and title of the officer) personally appeared Richard Kowalczyk who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. WITNESS my hand and official seal. ,,; . JODY J. MARTINEZ Z _ COMM.#1714410 n V ' NOTARY PUBLIC-CALIFORNIA MARIN COUNTY Signature (Sea My Comm.Expires Jan 5,2011