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Home My WebLink AboutMINUTES - 06172008 - C.15 i J TO: BOARD OF SUPERVISORS `'_ ``='� Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR l 14,)h zCosta DATE: June 17, 2008 '` County r �ctiun- SUBJECT: Approving the third Extension of the Subdivision Agreement for Subdivision 00-08157, 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/ 3f,> for Subdivision 00-08157, approving the third 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 extension will not be renewed. Continued on Attachment: ✓ SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _✓A RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURE (S): ACTION OF BO ON APPROVED AS RECOMMENDED V OTHER VOTE OF SUPERVISORS 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 jc G:\EngSvc1B00008106-]0\SD 00-08157 BO-11 FORM.docx Originator: Public Works(ES) ATTESTED' �' T /6 Contact: T.Rie(313-2363) Bond No/Date:111 275 0 7587(February 12,2002) JOHN CULLEN, Clerk of the Board of cc: Public Works—Construction Supervisors and Count Administrator Current Planning,Community Development ..�` p y 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 Adopted this Resolution on June 17, 2008 by the following vote: AYES: GIOIA,UILKEMA,PIEPHO,BONILLA&GLOVER NOES: NONE i ABSENT: NONE ABSTAIN: NONE - - -- - —-- — ----� _._-- - - RESOLUTION N0. 2008/317 SUBJECT: Approving the third Extension of the Subdivision Agreement for Subdivision 00- 08157, 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 third agreement extension Which extends the Subdivision Agreement between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 00-08157 in the San Ramon(Dougherty Valley) area, through March 19, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: June 30, 2008 ♦ REASON FOR EXTENSION: Improvements are in 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 00-08157 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:111 275 0 7587(February 12,2002) cc: Public Works—Construction Current Planning,Community Development ATTESTED: O T—January 19,2009 JOHN CULLEN Clerk o the Board of Supervisors and County Windemere BLC Land Company,LLC ' p `� 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 7. RESOLUTION NO.2008/ a� CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 00-08157 Developer: Windemere BLC Land Company, LLC Original Agreement Date: March 19, 2002 Third Extension New Termination Date: March 19, 2009 Improvement Security Surety The American Insurance Company Bond No. (Date): iii 2750 7587 (February 12, 2002) Security Type Security Amount Cash: $ 5,800.00 (1% cash, $1,000 Min.) Bond Rider: $ 86,400.00 (Performance) $ 290,800.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the1above date; and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: Datedio)0 2 d FOR CONTRA COSTA COUNTY Developer's Signature(s) Public Works Dir or See Attached Signature Block By: Printed Developer's Signature(s) RECOMMENDED F PP By: A Printed (Engi ee n Se ces ision) Address y` (NOTE: Developer's, Surety's and Financia/ - institution'sSignaturesmust beNotarized) The American Insurance Company Surety or Financial Institution FORM APPROVED: Victor J. Westman, County Counsel 777 San Marin Dr., Novato, CA 94998 Addr 7ss After Avarioval Return to Clerk of the Board Attorney in Facts Signature Richard A. Kowalczyk, Attorney-In-Fact Printed Bond No. 1112750 7587 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: Ql1 David Geist, Authorized Agent 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 het&hefthey executed the same in h+sA4e4their authorized capacity(ies), and that by #isther-�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. TAVLOR Comms 0 171=3 Notary pwft-CobforNa WITNESS my hand and official seal. Contra Costa County.A n Car: af 1 X11 (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 00-08157, Village 18, Civil Improvements, Bond#11127507587 Document Date: April 22, 2008 Number of Pages: 4 Signer(s)Other Than Named Above: Richard A. Kowalczyk, Attorney-In-Fact(Surety) Capacity(les) 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 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 NOTARY PUBLIC-CALIFORNIA V MARIN COUNTY Z i My Comm EttFlno�Jen d,1011 Signature FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION TBE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW .ALL MEN BY THESE PRESENTS: That 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 Attomey(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 Attorney(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 19'b 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 .Gf'"4day of March,2008. ��c�ar►o '"Ns sG c Our ymsf FIREMAN'S FUND INSURANCE COMPANY Y• t` """ 'FO "• ` `. NATIONAL SURETY CORPORATION .$a �I THE AMERICAN INSURANCE COMPANY f�`"pT►`" +�`�� ASSOCIATED INDEMNITY CORPORATION �" •••..,..�,� h��°'� *+w •da ` f'�0"e�° AMERICAN AUTOMOBILE INSURANCE BILE INS CE COMPANY « BY—6 `w2i Linda E.Wright Senior Vice President&Treasurer STATE OF CALIFORNIA ] ]SS. COUNTY OF MARIN ] I On ft3'� before me, S u5Q.,k'1 �`I 1 s0,L� L+C-/l e�f l Date Here insert Name and Title of the Officer Personally appeared U r(�t f a Y �r+q j j— L Name of Si er('s)) - Who proved to me on the basis of satisfactory evidence to be the person(j'whose name( is/ subscribed to the within instrument and acknowledged to me that Wsheh�ey executed the same in 1 /her/tir authorized capacity(ifs'j,and that by b,9/11- er/th�?r signature( on the instrument the person(s�;or the entity upon behalf of which the person(Xacted,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. Signature Signature of Notary Public CERTIFICATE VJSAN ELISABETH ETCF II STATE OF CALIFORNIA ] _ Commtsalon#f 1661725 ]SS. _ COUNTY OF MARIN ] Madn County 4P]MYCOITM NotwV PubNc-cawwo 89*U Mot 14,201 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 A. #80465 istant Secretary