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Home My WebLink AboutMINUTES - 06032008 - C.10 ContraTO: BOARD OF SUPERVISORS FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR r` �-'"-= i< Costa DATE: June 3, 2008 ; -_ � �-- �~ County SUBJECT: Approve the third Extension of the Drainage Improvement Agreement for Drainage Acceptance 00-00005 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC Land Company, LLC,.San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUI:ST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA'T'ION RECOMMENDATION(S): ADOPT Resolution No. 2008/3LB for Drainage Acceptance 00-00005 (cross-reference Subdivision 95- 07976), approving the third Extension of the Drainage 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 developer has not completed the warranty period and the Drainage Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Drainage Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDA'T'ION OF BOARD COMMITTEE �rP ROVE THER f SIGNATURE (S): ACTION OF BO R ON APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board Of Supervisors on the A_ UNANIMOUS(ABSENT J6 date shown. AYES: NOES;(' ABSENT: ABSTAIN: JI,:DS:jc ATTESTED: r_)(o Oz 10 G:\EngSvc\130\2008\06-03\DA 00-00005 BO-11 FORM.docx JOHN CULLEN, Clerk of the Board of Originator: Public Works(ES) Contact: T.Rie(313-2363) Supervisors and County Administrator Bond NToiDatc:11 133599354/Dcccmbcr 19,2001 cc: Public Works Construction Current Planning,Community Development Windcmcre BLC Land Company,LLC Atm:Brian Olin y uty 6121 Bollinger Canyon Rd.,Ste.500 San Ramon,CA 94583 The American Insurance Company Attn:Richard Kowalezyk 777 San Marin Drive Novato,CA 94998 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 3, 2008 by the following vote: AYES: Gioia,Uilkema,Piepho,Bonilla&Glover NOES: none ABSENT: none ABSTAIN: none RESOLUTION NO. 2008/3(o S SUBJECT: Approving the third Extension of the Drainage Improvement Agreement for Drainage Acceptance 00-00005 (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 Drainage Improvement Agreement between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Drainage Acceptance 00-00005 (cross-reference Subdivision 95-07976) in the San.Ramon (Dougherty Valley) area, through January 15, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: June 30, 2008 ♦ REASON FOR EXTENSION: Final walk through and maintenance period have not been completed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. JL:DS:jc I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\130',.2008\06-03\DA00-00005 BO-11 FORM.docx and entered on the minutes of the Board of Supervisors on the date; Originator: Public Works(ES) Contact: T.Ric(313-2363) shown. Bond No/Date:11133599354/December 19,2001 cc: Public Works—Construction Current Planning,Community Development ATTESTED: Oce Windemere BLC Land Company,LLC JOHN CULLEN, Clerk of the Board of Supervisors and County Attn:Brian Olin 6121 Bollinger Canyon Rd.,Ste.500 Administrator San Ramon,CA 94583 The American Insurance Company Attn:Richard Kowalczyk 777 San Marin Drive Novato,CA 94998 y ,Deputy RESOLUTION NO.2008/ U CONTRA COSTA COUNTY DRAINAGE IMPROVEMENT AGREEMENT EXTENSION Development Number: DA 00-00005(cross-reference SD 95-07976) Developer: Windemere BLC Land Company,LLC Original Agreement Date: January 15,2002 Third Extension New Termination Date: January 15,1H&ZOO Improvement Security Surety: American Insurance Company Bond No. (Date): 11133599354(December 19,2001) Security Type Security Amount Cash: $ 10,800.00(1% cash,$1,000 Min.) Bond Rider: $ 160,230.00(Performance) $539,500.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Sure hereby agree thereto and acknowledge same. Dated: Dated: March 20, 2008 See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) Public Works Director Jw 19L EMt r 12 1 Printed Developer's Signature(s) RECOMMENDEDF A By: Printed (Enginetri( rvic 'on) Address ko M QV ` ars (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) JC -10 Al vala, FORM APPROVED:Vib!).WcsM aCmaty Cmumd Address After Avnroval Return to Clerk of the Boardela 9Ltl-� Attorney in Facts Signa ure i Printed Bond No. 11133599354 Phase 1,DA 00-00005 aka Hidden Valley Detention Basin . Drainage Improvement Agreement 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 Brian G.Olin,Vice-President By: David Geist,Authorized Agent 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 s; COMM.#1714410 C\S j NOTARY PUBLIC-CALIFORNIA X Z .;,,. MARIN COUNTY Signature My Comm.Expires Jan 5,2011 (. CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA } ss. County of CONTRA COSTA 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(o whose nameko is4re subscribed to the within instrument and acknowledged to me that hese executed the same in hist",�pi authorized capacity(ies), and that by hisiherAheir signature(o on the instrument the person(s-), 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 * 1715843 �s Notafy Public -Caiifofnia WITNESS my hand and official seal. Contra Costa County f 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 Drainage Improvement Agreement Extension, Windemere, Phase 1, DA 00-00005 (X-ref SD 95-07976) aka Hidden Valley Detention Basin,.Bond #11133599354 Document Date: March 20, 2008 Number of Pages: 4 Signer(s)Other Than Named Above: Richard A. Kowalczyk(Surety) Capacity(ies)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: Lenhar 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.15, 2008, and that such Resolutions have not been amended or rescinded and are in full force and effect on the date hereof: RESOLVED, 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. r111_ WITNESS my hand and the seal of said Corporation thisv day of January, 2008. Mark Sustana, Secretary STATE OF FLORIDA ) . COUNTY OF MIAMI-DADE ) Sworn to and subscribed before me this o? day of January, 2008, by Mark Sustana, Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation, on behalf of the Corporatip, tiffthRersonally known to me and did not take an oath. P,.114EA DYF11,0 41 Notary Public, ate of Florida #DD 6%735 �y �; n o e :Q�� CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA } ss. County of CONTRA COSTA 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 personal whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/",T, :r authorized capacity(ieo, and that by hislh.�eiF signature(&)on the instrument the personal, 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 # 1715843 Notary Public -California WITNESS my hand and official seal. . Contra Costa County U_&!*ConMn JOn 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 Drainage Improvement Agreement Extension,Windemere, Phase'1, DA 00-00005 (X-ref SD 95-07976).aka Hidden Valley Detention Basin, Bond#11133599354 Document Date: March 20,2008 Number of Pages: 5 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 FIREMAN'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 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 L/""qday of March,2008. �``.:.,•�.,c,+ fy�rrY �d FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION U. 0 THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY BY 1`I`-1 Linda E.Wright Senior Vice President&Treasurer STATE OF CALIFORNIA ] ]SS. COUNTY OF MARIN ,�y ] J 1 On/� ki h before me, LtJ(a'Yl L I �fi�•� t= e Date Here insert Name and Title of the Officer Personally appeared Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person f whose name( is/ayAubscribed to the within instrument and acknowledged to me that Wshe/tlpy executed the same in V,/her/tVir authorized capacity(ip3,and that by h /her/th Ir signature( on the instrument the person(s� or the entity upon behalf o 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. WITNESS my hand and official seal. SignatureJdc Signature of Notary Public CERTIFICATE SUSAN ELL48ETH ETCHELL STATE OF CALIFORNIA ] r, Commlasion# 1681725 ]SS. -o Notary R01c-CaWomia COUNTY OF MARIN ] RArnln County MY Comm.EVU0 Mar 14,201 - I, the undersigned, Assistant Secretary of each company, DO HEREBY certify that the foregoing and attached POWER F A O -1 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 `. i #80465 istant Secretary