Loading...
HomeMy WebLinkAboutMINUTES - 06032008 - C.20 •� S C_•L TO: BOARD OF SUPERVISORS ;` �,, `��_��=��`: Contra FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR == + Costa . ....... E ,k DATE: June 3, 2008 County SUBJECT: Approve the fourth Extension of the Subdivision Agreement for Subdivision 00-08152, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMI;NDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Subdivision 00-08152, 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. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement will not be renewed. Continued on Attachment: SIGNATURE: _--RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PPROVE THER SIGNATURES ACTION OF BOA ON APPROVED AS RECOMIVIENDED 'OTHER I hereby certify that this is a true and correct V TE OF SUPERVISORS copy of an action taken and entered on the .UNANIMOUS(ABSENT ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: DS:Jc G:\EngSvc\BO\2008\06-03\SD 00-08152 BO-11 FORM.docx ;- Originalnr: Public Works(ES) ATTESTED: © Q Contact: T.Rie(313-2363) Bond No/Date:11133599230 JOHN CULLEN, Clerk of the board of cc: Public Works—Construction Current Planning,Community Development Supe sors and County Administrator T—June 30,2008 Windcmcre 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 Kowalczyk 777 San Marin Drive Novato,CA 94998 THEE 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 I ABSENT: none ABSTAIN: none RESOLUTION NO. 20081 Z S SUBJECT: Approving the fourth Extension of the Subdivision Agreement for Subdivision 00-08152, 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 fourth agreement extension which extends the Subdivision Agreement between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 00-08152, 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: Project is in warranty period and the Subdivision Agreement has expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. DS:jc I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\B0\2008\06-03\SD 00-08152 130-11 FOR.M.docx and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Contact: 'r.Ric(313-2363) shown. Bond No/Date:1 1133599230 / cc: Public Works—Construction Q Current Planning,Community Development ATTESTED: d�Los [//0.U T—June 30,2008 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 The American Insurance Company Attn:Richard Kowalczyk 777 San Marin Drive By , Deputy Novato,CA 94998 RESOLUTION NO.2008/ v C0114TRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: SD 00-08152 Developer: Windemere BLC Land Company,LLC Original Agreement Date: February 12,2002 Fourth Extension New Termination Date: February 12,2009 Improvement Security '.surety: The American Insurance Company Bond No.(Date): .11133599230(November 30,2001) Security Type Security Amount Cash: $8,200.00 (1% cash,$1,000 Min.) Bond Rider: $ 122,130.00(Performance) $411,200.00(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:�o�,.y,���_?,f)[� tc� Dated: March 20, 2008 See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) ublic Works Director Printed Developer's Signature(s) RECOMMENDED FOR A AL: By: Printed (Enginee ' g ervi ' ivlsion) Address (NOTE': Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.). ILIFORM APPROVED:Victor1.Wewm County Co sd �T -5,1 �, Addr After Aooroval Return to Clerk of the Board AttomeyvN1ii in Factfs Signature ii Printed Bond No. 11133599230 Phase 1,SD 00-08152 aka Village 13 Subdivision 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 By: 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. MARTINEZZ r ... COMM.41714410 NOTARY PUBLIC-CALIFORNIA ;0 MARIN COUNTY 9acrs My Comm.Expires Jan 5,2011 Signature Gr (Sea CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA j )} 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 names) is/afe subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisiher/the+r-authorized capacity(aes}, and that by histh,%,�Tsignature(o on :. the instrument the person(o, 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. TAYLOR Commission# 1715843 Notary Public -California WITNESS my hand and official seal. Contra Costa County Conor Jan 12 2011 (Signature of Notary Public) U 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 00-08152 aka Village 13, Bond #11133599230 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 M. ❑ Individual • ® Corporate Officer—Title(s): Authorized Agent roaorthumb 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 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. r�— WITNESS my hand and the seal of said Corporation this day of January,2008. Mark Sustana, Secretary STATE OF FLORIDA ) . COUNTY OF MIAMI-DADE ) r/L 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 Corporat ptifilo6 .V rsonally known to me and did not take an oath. M ssioDYF� ober 16 F1,o%: N: = Notary Public, ate of Florida o Z #DD 6087 ,35 i99 �yBO�dedlbo iii//y�'eC Cb.�� 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 person(-s)whose narne(o is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisiher/the+r authorized capacity(a , and that by hislhe irsignature(o on the instrument the personko, 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. „R CATHERINE M. TAYLOR p Commission #F 1715843 Notary Public-California WITNESS my hand and official seal. _ Contra Costa County .Lan 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 Extension, Windemere, Phase 1, SD 00-08152 aka Village 13, Bond #11133599230 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 i 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: 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 Attorneys)-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 19'5 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 4b"4day of March,2008. U.- Linda FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION $C A LF THE AMERICAN INSURANCE COMPANY ASSOCIATED mrDEMNITY CORPORATION E COMPANY AMERICAN AUTOMOBILE INSURANC E.Wright Senior Vice President&Treasurer STATE OF CALIFORNIA ] ]SS. COUNTY OF MARINei ] On I�W ri{ _before me, u:5 a Yl —s-at.b " Date Here insert Nam]a and Title of the Officer Personally appeared L` v\1 J�l G'1171 Name of Si er(s) who proved to me on the basis of satisfactory evidence to be the persondwhose name( is/aJ-d'subscribed to the within instrument and acknowledged to me that Vshe/tIry executed the same in 4A/her/tVir authorized capacity(ip4,and that by h' /her/tli#(r signature(�Yon the instrument the person(sa,or the entity upon behalf of 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 � Signature of Notary Public CERTIFICATE SUSAN ELISABETH ETCHELL STATE OF CALIFORNIA ] Commisslon#t 1651723 ]SS. «s Notary Public-ccoo r is _ COUNTY OF MARIN ] Madn CounH My Comm.Eta PRar 14,201 I, the undersigned, Assistant Secretary of each company, DO HEREBY certify that the foregoing and attached POWERF 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: March 2 1 , 2008 %f #80465 istant Secretary