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Home My WebLink AboutMINUTES - 06172008 - C.7 SE--L Contra a -: o TO: BOARD OF SUPERVISORS '`•_— ��='�' FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTORCosta V . .... DATE: June 17, 2008 '` �oST'4----- County SUBJECT: Approve the third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 00-01094 (cross-reference Subdivision 95-07976), 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/ ?V for the third extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 00-01094 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC LandCompany, 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: _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓KY%—PROVE OTHER r SIGNATURES : ACTION OF$O ON niA, L G APPROVED AS RECOMMENDED K QTliER 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: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. DS jc G:\EngSvc\B00008\06.10\RA 00-01094 BO-I I FORM.docx Originator: Public Works(ES) ATTESTED: n Contact: T.Ric(313-2363) Band No/Date:111 335 99396(December 18,2001) JOHN CULLEN, Cle k o the Board of cc: Public Works-Construction Current Planning,Community Development Supervisors and County Administrator T—March 7,2009 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 ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2008/3P1 SUBJECT: Approving the third Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 00-01094 (cross-reference Subdivision 95- 07976), 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 (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Road Acceptance 00-01094 (cross-reference Subdivision 95-07976), in the San Ramon(Dougherty Valley) area, through May 7, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ' ♦ ANTICIPATED DATE OF COMPLETION: June 30, 2008 ♦ REASON FOR EXTENSION: The developer has not completed the improvements and the Subdivision Agreement (Right-of-Way Landscaping)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\RA 00-01094 BO-11 FORMA= 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 99396(December 18,2001) cc: Public Works—Construction / Current Planning,Community Development ATTESTED: T March 7,2009 Windemere BLC Land Company,LLC JOHN CULLEN, o Clerk the Board of Supervisors and County Attn:Brian Olin trator 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 0 • CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: RA 00-01094(cross-reference SD 95-07976) Developer: Windemere BLC Land Company, LLC Original Agreement Date: May 7, 2002 Third Extension New Termination Date: May 7, 2009 N - Improvement Security Surety The American Insurance Company Bond No. (Date): 111335 993 96 (December 18, 2001) Security Type Security Amount Cash: $ 16,500.00 (1% cash, $1,000 Min.) Bond: $ 1,635,500.00 (Performance) $826,000.00 (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. March 20, 2008 Dated: Dated: See Attached Signature Block on Reverse FOR CONTRA COSTA COUNTY Developer's Signature(s) Public Works Dir v�bn 1K.Bu By: rinted Developer's Signature(s) RECOMMENDED FOR APPRO l: By: Printed (Engineering" isio Address (NOTE: Developer's, Surety's and Financial Institution's Signatures must be Notarized,) P ��r C 4 �h S�Y a)4C P Surety or Financial Institution / FORM APPROVED: Victor J. Westman, County Counsel 7 7 7 Sa r ''A,1 fid r up b� �a U��o.�� COM Address Atter Agprovai Return to Ger*of the I I Attorney in F cts Si nature Printed CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA County of CONTRA COSTA ss. On March 31, 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(&) whose name(&) .is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisl",pm authorized capacity(ies), and that by histher their signature(&)on the instrument the person(&), or the entity upon behalf of which the person(&) 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#► 1715043 •r' Notary Public -Callfornla WITNESS my hand and official seal. Contra Costa County Comm Jan 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, Windemere, Phase 1, RA 00-01094(X-ref SD 95-07976)aka Bollinger South, Bond#11133599396 Document Date: March 20, 2008 Number of Pages: 3 Signer(s)Other Than Named Above: Richard A. Kowalczyk(Surety) Capacity(les)Claimed by Signer Signer's Name: David Geist ❑ Individual • ® Corporate Officer—Title(s): Authorized Agent 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 • LENNAR HOMES OF CALIFORNIA, INC. CERTIFIED RESOLUTION The undersigned, Mark Sustana, as the duly elected and acting Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation (the "Corporation"), do hereby certify that the following Resolutions were duly adopted by Consent of the Board of Directors of the Corporation dated January W, 2008,.and that such Resolutions have not been amended or rescinded and are in full force and effect on the date hereof- RESOLVED, ereofRESOLVED, that without limitation upon the power of the Board of Directors by resolution to confer the same or similar authority upon other officers and individuals from time to time, and without limiting any authority otherwise conferred on directors and vice presidents, DAVID GEIST shall have the power and authority in the name and on behalf of this Corporation to execute and deliver subdivision development agreements, purchase agreements, subcontractor agreements; bond agreements, utility agreements, permitting applications and any other necessary documents in connection with the land development operations of the Corporation; and RESOLVED, that for the purpose-of executing and delivering any and all instruments under the authority granted herein, DAVID GEIST shall be and is hereby constituted an Authorized Agent — Land Development Operations of the Corporation and, any action taken or done pursuant to the.authority herein granted shall be an act of the Corporation and binding upon it. r� WITNESS my hand and the seal of said Corporation thiso day of January, 2008 Mark Sustana, Secretary STATE OF FLORIDA ) . COUNTY OF MIAMI-DADE ) rIL Sworn to and subscribed before me this 4_3 day of January, 2008, by Mark Sustana, Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation, on behalf of the Corporat poldo6hp�rsonally known to me and did not take an oath. X", P�INEA DyF�i 0Ober 16��• s _ Notary Public, to of Florida Ste- #00 608735 '9 ••;re �Po N e�:Q�� /9�,0•:;�iibl r decd:•' O �� CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA County of CONTRA COSTA ss. On April 1, 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(&) isk`fe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hisfht;r t„eir authorized capacity(ies), and that by histherltheir signature(o on the instrument the person(o, 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 #f 1715843 WITNESS my hand and official seal. Notary Public -CaliforniaContra Costa County Comm Jon 12,2011 (Signature of NotaryPublic) 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,Windemere, Phase 1, RA 00-01094(X-ref SD 95-07976) aka Bollinger South, Bond#11133599396 Document Date: March 20,2008 Number of Pages: 4 Signer(s)Other Than Named Above: Richard A. Kowalczyk(Surety) David Geist,Authorized Agent, Lennar Homes of California, Inc. Capacity(ies)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 *IRE'MAN'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: 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 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 19'"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 4/l' day of March,2008. �crrrrr vwrs f t NrE yse[ AMERICAN AUTOMOBILE INSURANCE FUND INSURANCE COMPANY No-0 ��•�••"'•s�•� @ "'"�.'� . • �` .� NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY .•dry f ., •' .� G `le ��`'p +�'�'�` ASSOCIATED INDEMNITY CORPORATION t�" '••.«...•'' �vc�c°� *�r�c' �' �0 CE COMPANY * Linda E.Wright Senior Vice President&Treasurer STATE OF CALIFORNIA ] ]SS. COUNTY OF MARIN �'tl ] t L On ke"i-, before me, usar, l ! sa Date /� Here insert Name Title of the Officer Personally appeared LOA ,f o L vV �l�iVIan Name of Si -(s) who proved to me on the basis of satisfactory evidence to be the persondwhose name( rs/ subscribed to the within instrument and acknowledged to me that Wsh executed the same in VAer/tWir authorized capacity(ife'j,and that by IV her/thr signature( on the instrument the person(sy or the entity upon behalf which the personVacted,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 Al Signature of Notary Public CERTIFICATE SU lip SAN EI.�E1H ETCHED STATE OF CALIFORNIA ] _ Commbsf)n#E 1651725 1 ]SS. Notoy Public-Cctomlo COUNTY OF MARIN ] CaL +N My COMM E> Mor 14.201 I, the undersigned, Assistant Secretary of each company, DO HEREBY certify that the foregoing and attached POWE 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: M a r c h 2 1 , 2 0 0 8 #80465 AN§istant.Secretary ACKNOWLEDGMENT State of California County of Marin On March 20, 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 NOTARY PUBLIC-CALIFORNIA ;U V MARIN COUNTY -� Z My Comm.Expires Jan 5,2011 Signature (Seal)