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Home My WebLink AboutMINUTES - 06032008 - C.17 TO: BOARD OF SUPERVISORS � Contra FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR Costa DATE: June 3, 2008 County SUBJECT: Approve the third Extension of the Road Improvement Agreement 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.)US1'II;1CATION RECOMMENDATION(S): ADOPT Resolution No. 2008/��'�for Road Acceptance 00-01094 (cross-reference Subdivision 95-07976), approving the third Extension of the Road 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 Road Improvement extension Agreement has expired. CONSEQUENCES OF NEGATIVE. ACTION: The Road Improvement Agreement will not be renewed. Continued on Attachment: w`� SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE S - ACTION OF BO D ON I APPROVED AS RECOMMENDED Y OTHER 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:,ic G:\EngSvc\B0\2008\06-03\RA 00-0 1094130-11 fORNI.docx //' y Q gOriginator: Public Works(ES) ATTESTED: QC,kz/D Contact: T.Ric(313-2363) Bond No/Date:11133599370 JOHN CULLEN, Clerk of the Board of cc: Public Works—Construction Current Planning,Community Development Supervisors and County Administrator T—December 12,'_'008 Windemere BLC Land Company,LLC Atm:Brian Olin 6121 Bollinger Canyon Rd.Suite 500 San Ramon,CA 94583 By Deputy The American Insurance Company Atnt:Richard A.Kowalazyk 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/ SUBJECT: Approving•the third Extension of the Road Improvement Agreement 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 Road Improvement Agreement between Windemere BLC Land Company, LLC.and the County for construction of certain improvements in Road Acceptance 00-01904 (cross-reference Subdivision 95-07976), in the San Ramon (Dougherty Valley) area, through February 12, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: April 30, 2009 ♦ REASON FOR EXTENSION: Road Improvement is in required warranty period and the Road Improvement 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:\En,Svc\BO\2008'\06-03\RA 00-01094 BO-I I 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:1 1 1335993 70 cc: Public Works Construction /O Current Planning,Community Development ATTESTED: �1/ 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 r The American Insurance Company Attn:Richard A.Kowalazyk 777 San Marin Drive y Deputy Novato,CA 94998 RESOLUTION NO.2008/ CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 00-01094(cross-reference SD 95-07976) Developer: Windemere BLC Land Company, LLC Original Agreement Date: February 12, 2002 Third Extension New Termination Date: February 12, Z � Improvement Security Surety The American Insurance Company Bond No. (Date): 11133599370 (December 18, 2001) Security Type Security Amount Cash: $ 28,400.00 (1% cash, $1,000 Min.) Bond: $ 2,814,600.00 (Performance) $ 1,421,500.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety hereby agree theretq and acknowledge same. Dated:_ �l k ^ 7,4 Dated: March 20, 2008 7� See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) ;iw---Public Works Director to, IA I%A r19 Printed Developer's Signature(s) RECOMMENDED FOR APPROVA • By: Printed (Engineerin S icesivi i�bfi) Address (NOTE, Developer's, Surety's and Financia/ Institution's Signatures must be Notarized) Surety or Financial Institution —� FORM APPROVED: Victor J. Westman, County Counsel —2 7 2 S a n LOA D r U/-e 6' AD, 1 f Address A/i;er Approval Return to Clerk of the Board Attorney in Facts Signature • Printed T Bond No. 11133599370 Phase 1, RA 00-01094 aka Bollinger Canyon Road South Extension Agreement 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: G-G--' 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 I MARTINEZ Z ,..° COMM.#1714410 n IY NOTARY PUBLIC-CALIFORNIA ;U Z MARIN COUNTY Signature / (Seal �"' My Comm.Expires Jan 5,2011 C 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 name(o isk-we subscribed to the within instrument and acknowledged to me that he sh executed the same in his/#er4theiw authorized capacity(ies), and that by hislherAheirsignature(o on the instrument the person(o, 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 #f 1715843 IL Notary Public -Calitotnla WITNESS my hand and official seal. Contra Costa County Comm Mim 12.2011 (Signature of Notary Public) Place NotarySeal 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 Road Improvement Agreement Extension, Windemere, Phase 1, RA 00-01094(X-ref SD 95-07976) aka Bollinger South, Bond #11133599370 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 or thumb here ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc.. a California corporation .�r6S+wed'.s-!!a^hs�i^.tia�a.N•vc:E.:.cw::=.ate-?a*E.r::�:a::.- �a►3tci�f :. R4Z�.:'f'�f'�fiita;� 'Ro-J[`'Y•Tr� � rSi=?4+'JS{f+.�':,�- ,".:�CP6'`'d y::,P�`aJ'r�"a'a}:,•cr��+� � .6taaC ;?g;?Zz�:iCsr�r�s��"�'1�1 �::w� �" :' . � .... .�, x'-.... 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 W3, 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. WITNESS my hand and the seal of said Corporation this day of January,2008. Mark Sustana, Secretary STATE OF FLORIDA ) . COUNTY OF MIAMI-DADE ) rIL Sworn to and subscribed before me this o?3 day of January, 2008, by Mark Sustana, Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation, on behalf of the Corporate .1%filgpr& ersonally:known to me and did not take an oath. ,LlHEA 0 !/ �MNI1SSIpN • er 16 �i embE/,o�• � / Notary Public, Mate of Florida 608735 :Q 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(E) whose name(o is/afe subscribed to the within instrument and acknowledged to me that helsheithey executed the same in his!"�aif authorized capacity0e,&), and that by histherltheir signatures)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 # 1715845 -� Notary Public -California WITNESS my hand and official seal. Contra Costa County / Q Camra 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 Road Improvement Agreement Extension, Windemere, Phase 1, RA 00-01094(X-ref SD 95-07976) aka Bollinger South, Bond #11133599370 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 t''r3ZTVf u hGiinirflmo 'jAY. v z ��U:3U5Hi�:�• �Elr�ts�y1C+f6?vt+'y ,f•. i"•`-; .. yfRl_:G:7 :7fwCT:',• C:{!Z�G.`s `• rt ,x�ry� } i s,S i/tv2. 9 am-C) :YDS' FIRE: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 191°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 .fibday of March,2008. pu�rnc, ty 'S fG t M' ` d FIREMAN'S FUND INSURANCE COMPANY t` gg NATIONAL SURETY CORPORATION ICA wrz - • • swc. F THE AMERICAN INSURANCE COMPANY *rte* ASSOCIATED INDEMNITY CORPORATION hlr ••.".•�' kn '� AMERICAN AUTOMOBILE INSURANCE COMPANY By Linda E.Wright Senior Vice President&Treasurer STATE OF CALIFORNIA ] ]SS. COUNTY OF MARIN ] t On before me, soi• Date Here insert Name and Title of the Officer Personally appeared L 1 n C� ` t_-7 , Narae of Signer(s) who proved to me on the basis of satisfactory evidence to be the personOrwhose name( is/afd"subscribed to.the within instrument and acknowledged to me that Wshel executed the same in 4i§/her/tV1r authorized capacity(iso,and that by bvAer/thXr signature(�Yon the instrument the person(sy,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. WITNESS my hand and official seal. Signature / "�� Signature of Notary Public CERTIFICATE SUSAN EIISASM ETCHELL STATE OF CALIFORNIA ] Carnnlssion#t 1651725 ]SS. "e Nafary PublIC•Calltorr#a _ COUNTY OF MARIN ] Mfr CgMOr m. My ComE> 14,201 I, the undersigned, Assistant Secretary of each company, DO HEREBY certify that the foregoing and attached POWER OFA 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 Attome y,are now in force. Signed at the County of Marin. Dated: M a r c h 2 1 , 2 0 0 8 #80465 istant Secretary