HomeMy WebLinkAboutMINUTES - 06032008 - C.19 C
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TO: BOARD OF SUPERVISORS ``�'='`-�`� '''-����'
Contra
• �� `mak-_4�`.
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR
Costa
DATE:
June 3, 2008 ~�
County
SUBJECT: Approve the fourth Extension of the Subdivision Agreement for Subdivision 00-08149, for
project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District III)
SPECIFIC.REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/1 for Subdivision 00-08149, 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.
BACKGROIJND/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:
ECOMMENDATION OF COUNTY ADMINISTRATOR
�_RECOMMENDATION OF BOARD COMMITTEE
,_,�kfPROVE� OTHER
r
SIGNATURE(S':
ACTION OF B( A DON APPROVED AS RECOMMENDED )e-- OTHER
I hereby certify that this is a true and correct
OTl✓OF SUPERVISORS copy of an action taken and entered on the
UNANIMOUS(ABSENT _) minutes of the Board of Supervisors on the
AYES: NOE . date shown.
ABSENT: ABSTAIN:
DSJc
G:\EngSvc\BO\2008\0E-03\SD 00-08149 BO-I I FORM.docx
Originator: Public Works(ES) ATTESTED: �0 03
Contact: T.Ric(313-'_363)
Bond No/Date:11133599248 JOHN CULLEN, Clerk of the Board of
cc: Public Woks—Construction
Current Planning,Community Development Supervisors and County Administrator
Windemere BLC Land Company,LLC
Attn:Brian Olin
6121 Bollinger Canyon Rd.Suite 500
San Ramon,CA 94583
The At Insurance Company By , eputy
Attn:Richard 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 i
NOES: none J
ABSENT: none
ABSTAIN: none
RESOLUTION NO. 2008/3--T+
SUBJECT: Approving the fourth Extension of the Subdivision Agreement for Subdivision
00-08149, for project being developed by Windemere BLC Land Company, LLC,
San Ranson (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
00-08149, 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: The waranty period has not been completed and the
Subdivision Agreement has expired.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works
Director is APPROVED.
I hereby certify that this is a true and correct copy of an action taken
DSjc and entered on the minutes of the Board of Supervisors on the date
G:\EngSvc:\B0\2008'%06-03\SD 00-08149 BO-1 I FORM.docr shown.
Originator: Public Works(1:S)
Contact: T.Rie(313-2363)
Bond No/Date:11133599248 ATTESTED: ( An Z�
cc: Public Works—Construction
Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and County
Windemere BLC Land Company,LLC. Administrator
Attn:Brian Olin
6121 Bollinger Canyon Rd.Suite 500
San Ramon,CA 94583
The American Insurance Company
Atm:Richard Kowalazvk By ,Deputy
777 San Marin Drive
Novato,CA 94998
RESOLUTION NO.2008/
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
Development Number: SD 00-08149
Developer: Windemere BLC Land Company, LLC
Original Agreement Date: February 12, 2002
Fourth Extension New Termination Date: February 12, 2OWZ.Xq --
Improvement Security
Surety The American Insurance Company
Bond No. (Date): 11133599248 (November 30, 2001) .
Security Tyne Security Amount
Cash: $ 11,700.00 (1% cash, $1,000 Min.)
Bond: $ 1,156,300.00 (Performance)
$ 173,445.00 (Bond Rider)
$ 584,000.00 (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.
Dated: 72 Dated: March 20, 2008
v
See Attached Signature Block
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Public Works Director
JtL ta.12, tru�-
�v-�� Printed
Developer's Signature(s)
RECOMMENDED FOR PR L:
By: _ Printed
(Engine ring rvtce Division)
Address
(NOTE. Developer's, Surety's and Financial � r
Institution's Signatures must be Notarized.) I h P m F r t ah I Aslinh P ( nAa n�
Surety.or Financial Institution
FORM APPROVED: Victor J. Westman, County
Counsel 7a.- AiJ � 91y9/a
Address
Atter Approval Return to Clerk of the Board
Attorney in Facts Signature
r C
Printed
...............
Bond No. 11133559248
Phase 1, RA SD 00-08149 alka Village 10
Civil Improvements 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:
Brian G. Olin, Vice President
By: Lr--)n
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. � 4 JODY J. MARTINEZ z
COMM.#1714410 o
Y of NOTARY PUBLIC-CALIFORNIA
MARIN COUNTY
Z �.�.
My Comm.Expires Jan 5.2011
Signature
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA
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
narne(o isk-we subscribed to the within instrument and acknowledged to me that heis#eAhey
executed the same in his1hert#eir authorized capacity(ieo, and that by his herAheir signatureW on
the instrument the person(o, or the entity upon behalf of which the persons) 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
-� Notary Public -California
WITNESS my hand and official seal. Contra Costa County -
Ctarrrr►ig =Jcnl2 2D11�
(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 for'm to another document.
Description of Attached Document
Title or Type of Document: Contra Costa County.Subdivision Agreement Extension,
Windemere, Phase 1, SD 00-08149 aka Village 10, Bond#11133599248
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
El 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, 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 thisZ�day of January, 2008.
Mark Sustana, Secretary
STATE OF FLORIDA )
COLWTY OF MIAMI-DADE )
Sworn to and subscribed before me this o??r/L day of January, 2008, by Mark Sustana,
Secretary of LENNAR HOMES OF CALIFORNIA, INC., a California corporation, on behalf of
the Corporati 0do6h ersonally known to me and did not take an oath.
N��i P,,IHEA Dy,!
��i�i/i
NO ••...... i
�`� GOMM1SSIpN'•.� i�
y ober io�,o•:
Notary Public, Mate of Florida
zo: #DD W8735
.Q�
to ;QUnN
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1oy
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 personfs)whose
narnefs) islare subscribed to the within instrument and acknowledged to me .that he shem;e
executed the same in hislher/th if authorized capacity(ies), and that by his(herltheir signatures)on
the instrument the personfs), 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
WITNESS m hand and official seal. Notary Public -Calitomia
Y Contra Costa County
Caern hes.lonla 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 Extension,
Windemere, Phase 1, SD 00-08149 aka Village 10, Bond#11133599248
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.)
Capacityfies)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 A34ERICAN 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'h 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 herevmto affixed this Zk-Cday of March,2008.
`�•Errrrr�, � .j r<G c � ysa[ FIREMAN'S FUND INSURANCE COMPANY
"'r••.,4 t`+" to • �' —• NATIONAL SURETY CORPORATION
z
` E A Lt THE AMERICAN INSURANCE COMPANY
* *yti ` ASSOCIATED INDEMNITY CORPORATION
S*) '••.«..�• ^er **+ AMERICAN AUTOMOBILE INSURANCE COMPANY
By Tl�
Linda E.Wright
Senior Vice President&Treasurer
STATE OF CALIFORNIA ]
]SS.
COUNTY OF MARIN ]
y�,' +h L'
On f'tlLi' before me, J u5a n 0 1 _so,.6 e -h L+ch ei
Date Here insert Name Band Title of the Officer
Personally appeared L I ,% 1� `/\1 j--1 i1/-1
q —
Gt L Name of Signers)
who proved to me on the basis of satisfactory evidence to be the personfs')swhose name( is/ar(subscribed to the within instrument and acknowledged to me that
Wshelthey executed the same in]A/her/tVir authorized capacity(ifs J,and that by bg/hcr/Millar signature(q�on the instrument the person(V,or the entity upon
behalf if which the personV 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 M)SAN EMA"ETCHEII
STATE OF CALIFORNIA ] COMnftlOn# 1681728
]SS. Mokuy Public-Cauf mla
COUNTY OF MAMN ] Marin Cater
L61MYCWM-EXPlFWM0r14.2014
I, the undersigned, Assistant Secretary of each company, DO HEREBY certify that the foregoing and attached POWER OFA 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
CONTRA COSTA COUNTY
REQUEST FOR SUBDIVISION AGREEMENT EXTENSION
Development Number: SD 00-08149
If you were unable to complete your agreed to improvements within the one-year period originally granted by
the Board of Supervisors in The Agreement, the County may grant you a one-year extension upon your written
request. Please realize that you must complete your improvements in an expeditious manner, as unlimited
extensions will not be granted.
Please provide the reason why you need additional time to complete your improvements:
o✓441-1e A_h W--L C'_j"fP cc, i/L_ f,0
-
.
�1&dijj2,f-AJ7%j11 , /
Please provide your anticipated date of completion: ejj_ , --3&J
Please provide your construction schedule:
Please provide us with your Federal Tax ID Number.
(It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.)
Please identify any parcel numbers and owners of lots within the development:
Use additional pages, if necessary)
Assessor's Owner's Property Owner's Phone
Parcel Number Name Address Address Number
ADDITIONAL INFORMATION
Assessor's Owner's Property Owner's Phone
Parcel Name Address Address Number
Number
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
ENGINEERING SERVICES DMSION
COST AND TIME NOTIFICATION FORM
Cost: The Public Works Department collects deposits for map checking, improvement plan review and inspection based
upon a percentage of your Engineer's Cost Estimate and a calculated"average"of staff time required.These deposits are
used to cover the costs accrued by our staff while processing your development. Your final cost could be more orless
than this average.
During the course of processing your development, there may be three (3) phases.
I: Application, map checking, improvement plan checking or compliance with conditions of approval.
Board Action: Formal approval and filing of the Final or Parcel Map and/or release of hold on building permits.
(Note: Onceyour improvement plans are approved,your project immediately proceeds into the inspection phase whether
or not construction actually begins, and all succeeding staff time is charged accordingly).
II: Construction and inspection process. Board Action: Formal acceptance of constructed improvements.
III:Warranty period if development includes construction of public improvements. .Board Action:Confirmation of satisfied
warranty period, exoneration of surety bond or letter of credit and return all remaining cash deposits.
Prior to submitting MKitems to the Board ofSupervisors for approval, we will review your deposits and our
staff charges.If the charges exceed your deposit,you will be billed for the difference.If the deposit on hand
is less than our estimate of costs remaining,you will be required to increase your deposit, On completion of
your projecti.`, we will refund any unused deposits
It is important that you understand that all staff time spent on your development, including time for writing letters,
telephone calls, counter calls, bonding company inquiries, meetings, appeal processes, revisions, and related activities is
charged against your deposit for each phase of development. The longer it takes to complete improvements, the more
charges you will probably accrue. You can help to keep your inspection costs down by notifying the inspector in advance of
your construction schedule and by keeping the inspector informed of your progress.
We cannot overstate the financial benefits to you of constructing your improvements in a timely manner,
Time: The time required to process your development through the Public Works Department can vary greatly depending
on the complexity of the project,the surrounding environment(age and adequacy of existing infrastructure,etc.)and your
turn around time. Average processing time is from 6 months to 2 years or more. Please allow for this time in your
scheduling. Some factors affecting time are uncontrollable but others can largely be controlled by: 1) insuring that all
submittals are complete; 2)addressing all comments from staff; 3)returning your corrected documents back to the Public
Works Department as quickly as possible.
Be aware that:the rights given to you by your Tentative Map or permit are only good for a fixed amount of time. It is up to
you to insure that all processing is complete before this time expires. Please contact your planner to insure that your rights
are protected and that you will have adequate time for processing.
Should you have questions about the development fees or process, please do not hesitate to contact your map or plan
checker or the Engineering Services Division at(925) 313-2000.
......................................................B■................................
I have read, and understand that the cost for processing my development is based on actual time and materials spent by
the County's staff during the processing and review of my development,and that I am responsible for paying all staff costs
prior to any action by the Board of Supervisors.
I also understand that processing can take a long time(6 months to 2 years or more)and it is my responsibility to insure
that adequate time is allowed for processing and that any rights I may have are protected.
(Signature of Developer) (D teems
(Printed Name) Developme t Numyer t
(If time is of the essence for your development,your map check and/or improvement plan review maybe placed n an accelerated schedule for 50%fee
premium. For derails of this premium processing service,please discuss this option with your map or plan checker.)
G:\Grp Data\EngSvc\Forms\LE WORD\LE-1 FORM.doc
Updated 8/01