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HomeMy WebLinkAboutMINUTES - 06032008 - C.21 TO: BOARD OF SUPERVISORS ��'`'�,y '-=�-G�' Contra • moi. s-r.:.„ FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR ' -' 'I• Costa DATE: June 3, 2008 �•.,rr�Yw� County SUBJECT: Approve the fourth Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08158, 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. 2008/1 for Subdivision 00-08158 approving the fourth Extension of the Subdivision Agreement (Right-of Way Landscaping), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMIPACT: 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) extension will not be renewed. Continued on Attachment: G/ SIGNATURE: AfRECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER r SIGNATURE(S ACTION OF BOV ON APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VO E OF SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT _) minutes of the Board of Supervisors on the AYES: NOES: F date shown. ABSENT: ABSTAIN: DSJc G:\En,S%c\130\2008'\..Oti-03\SD 00-08158 BO-I 1 FORM.doex ATTESTED: Originator: Public Works(ES) Contact: T.Ric(313-2363) JOHN CULLEN Cler of the oard of Bond No"Date:ST 1870 Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development Windemere BLC Land Company,LLC Attn:Brian Olin 6121 Bollinger Canyon Rd,Suite 500 San Ramon,CA 94583 By Deputy Travelers Casualty and Surety Company of American(formerly The American Insurance Company) Attn:Jeri Apodaca 9325 Sky Park Court.Suite 220 San Diego,CA 92123 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 i RESOLUTION NO. 2008/344 SUBJECT: Approving the fourth Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08158, for project being developed by Windermere 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 (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 00-08158, in the San Ramon (Dougherty Valley) area, through April 9, 2009; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: June 30, 2008. ♦ REASON.FOR EXTENSION: Subdivision Agreement (Right-of-Way Landscaping) is in required warranty period 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\l30\20081,06-03\SD 00-08158 130-11 r•ORM.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:ST1870 cc: Public Works-Construction Current Planning,Community Development ATTESTED: ©(�p A) Windemcre BLC land Company,LLC JOHN CULLEN, Clerk of the Board of Supervisors and County Attn:Brian Olin 6121 Bollinger Canyon Rd,Suite 500 Administrator San Ramon,CA 94583 - Travelers Casualty and Surety Company ofAmerican(formerly The American Insurance Company) Attn:Jeri Apodaca By ,Deputy 9325 Sky park Court,Suite 220 San Diego,CA 92123 RESOLUTION NO.2008/ CONTRA COSTA COUNTY SUBDIVISION AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION Development Number: SD 00-08158 Developer: Windemere BLC Land Company, LLC i _Original Agreement Date: April 9, 2002 Fourth Extension New Termination Date: April 9, 2009 Improvement Security Surety Travelers Casualty and Surety Company of America (formerly The American Insurance Company) Bondi No. (Date): ST 1370 (February 27, 2006) (Old Bond No. 1112750 7744) Security Tune Security Amount Cash: $ 1,000.00(10/o cash, $1,000 Min.) Bondi Rider: $ 2,325.00 (Performance) $8,250.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said rely hereby agree thereto and knowledge same. Dated:-------- - _ r�i� Dated: March 20, 2008 FOR CONTRA COSTA COUNTY Developer's Signature(s) . .iP4u,Public Wor Director 1 See Attached Signature Block Printed Developer's Signature(s) RECOMMENDED FOR APPRO By: - A Printed -- _ (Engine rin ices . vi on) Address (NOTE; Developer's, Surety's and Financia/ Travelers Casualty and Surety Company of America Institution's Signatures must be Notarized,) (formerly The American Insurance Company) Surety or Financial Institution FORM APPROVED: Victor ]. Westman, County 9325 Sky Park Court. Suite 220 Counsel San Dieao CA 9212' Address After Anvi oval Return to Clerk of the Board A ney in Signator Jeri Apodaca. Attorney-In-Fact Printed - .n Bond No. ST 1370 Phase 1, SD 00-08158 aka Village 19 Subdivision Agreement(Right-of-Way Landscaping)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: G - Brian G. m, ice-President By: Q) n David Geist, Authorized Agent CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 3/20/08 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(A) whose name(g)is/w subscribed to the within instrument and acknowledged to me that lxe/she/gjay executed the same in his/her/*eix authorized capacityOW, and that by b&/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. K. LUU CommlBSlon # 1778641 WITNESS my and and official seal. _ :-® a Notary Public -California Z Orange County MY Comm-EVM Nov 6,ZOl l (Notary Seal) Signature of Notary Public: ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the ('Title or description of attached document continued) document carefullyfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAEMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.c. he/she/they—is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. IN Attomey-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different documcnt. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA SS. County of CONTRA COSTA On March 21, 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 . narne(o is/are subscribed to the within instrument and acknowledged to me that he, executed the same in his(hert#e+r authorized capacity0es.), and that by hisi"� signature(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• 171 U43 .•i Notary Public -California WITNESS my hand and official seal. Contra Costa Countycang tZ 11 (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, SD 00-08158 aka Windemere, Phase 1,Village 19, Bond #ST1370 (Formerly#11127507744) Document Date: March 20,2008 Number of Pages: 5 Signer(s) Other Than Named Above: Jeri Apodaca, Attorney-In-Fact(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 CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA } County of CONTRA COSTA ss. On March 21, 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 narneW is/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/herAhei authorized capacity0es), and that by his/her signaturew 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 I rJ09 Commission # 1715843 Notary Public -California WITNESS my hand and official seal. . Contra Costa County Carxrr ,Ian 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, SD 00-08158 aka Windemere, Phase 1,Village 19, Bond#ST1370 (Formerly Bond#11127507744) Document Date: 03/20/08 Number of Pages: 4 Signer(s)Other Than Named Above: Jeri Apodaca,Attorney-In-Fact(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 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELE:RS J Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Compare Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company Attorney-In Fact No. 219101 Certificate No. 0 0 1 0 4 7 0 4 7 KNOW ALL HIEN BY THESE PRESENTS:That Scabirard Surety Company is it corporation duly organized under the laws of the Slate of New York,that St.Paul Fire and Marine Insurance Company..St.Paul Guardian Insurance Comp:my and St.Paul MCI-CUry Insurance Company are Coporations duly organized under the laws of the State of Minnesota.than Farmimg'ton Casualty Company,Travelers Casualty and Surely Company,zinc]Travelers Casualty and Surety Company of America are corporationS IIUh'Organized under the law's of the Slate of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is it corporation duly organized under the laws of the State of:Iowa,and that Fidelity and Guaranty Insurance Underwriters.Inc. is a corporation duly Organized under the law's of the State Of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make.constitute and appoint James A.Schaller,Jeri Apodaca,Linda Enright,Mike Parizino, Nanette Mariella-Myers, Rhonda C.Abel,and Jane Kepner of file Chy of State of Irvine California .their true and lawful Attorneys)-in-Fact. . _.... each in their Separate capacity if more than one is named above.to sign.execute,seal and acknow-ledi-,e any zinc[all bonds,recognizances.conditional undertaking's and Cher writings obli,_awry in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guarannceing the performance of contracts and executing or guaranteeing bonds and undertakings required or permilled in any actions or proceeding's allowed by 1 10th IN wriTN'j%1tnk,lerOF,the Ciauj)066�have caused this instrument to be signctfarid theircorpuratc seals ut he hereto affixed,this day of .— b UU — Farmington Casualty Company tit.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company.- St.Paul Mercury Insurance Company Fidelity and Guaranty Insur=ance Underwriters,Inc. Travelers Casualty and Surely Company Seaboard Surety Company 'Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company �Z�1`��G0y1�/9.S�.8UA2F��<�'�rLaio N'C1a9tPO5Rf1TEDG E `xgss1O nt'�9#*2ifj7��gK 5°P:t.}"F1l: $'�pZ�.'s: (!��f!N!�...tf�0sa:Fv.:_.o.a,.a..At..>G'.',.➢'toinn,; e,�i Ii w�}?4:J',.:oP oUnited 9.,y.4rS�.tt;ates w4Fidelity N 0 and nd Guaranty Company ompan . a74%w $ 1551 a"'HARTFORD,s CONN.o '%pi �m(tom r�Y Y1�(8'Y9",6,YrtI_Ju -. a f......•�a�l �dt b1 „�+>t �1 ':vA� �!AN'�o. State Of COnneCLiClAt 13y: _ City of Hartford ss. Genre 4 l'hougxon.&ce President 10th September 2007 On this the day of before me personally appeared George W.Thompson.who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surely Company. Sl. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. SI. Paul Mercury Insurance Company. Trwxlers Casualty and Suety Company.Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company. and that he.as such, being authorized so to do.executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duh-authorized officer. r,,TET In Witness Whereof,I hereunto Set my hand and official Neal. � � V _ __ W�/" v_• ��� My Commission expires the 30th day of.lune.20 l I. * *,�, * � Marie C.Terrruft.Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power Of Attorney is Lranted under and by the authority ul'the fol]OWin,resolutions adopted by the Boards uP Directors of Farminelun CaStlahy Company.Fidelity and Guaranty Insurance Company. Fide]iq• and Guaranty Insurance Underwriters. Inc.. Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul fylerc•ury Insw'ance Company.Travelers Casualty and Surety Company.Travelers Casually and Surety Company of America.and United States fidelity and Guaranty Cumpa rm%which resolutionS arc nosy in fill] force and effect•reading LIS follows: RESOLVED, that the C'hairntan• the President, :uty Vice Chairman. any I:XCCII[iy'e Vice PfeSld0IIt, any Scnior Vice President, tiny Vice President. any Second Vice President,the Treasurer.anw Assistant Treasurer.the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and On behalf of the Company and may giVe Such appointee such authority as his or her certificate of authority may prescribe to si,,,n with the Company's name and seal with the Company's seal bonds.reco-mizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance.or conditional undertaking.and any ofsaid officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her:and it is FURTHER RESOLVED,that the Chairman, the President.any Vice Chairman.any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is tiled in the office of the Secretar"-.and it is FUICI'HF.R RESOLVED,that any bund•recognizance•contract of indenmity,or writing obligatory in the nature of a bond.recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President.any Vice Chairman,any ExCCII[IyY Vice President,any Senior Vice President err any Vice President.any Second Vice President.the Treasurer.any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's Seal by a Secretary or Assistant Secretary:err(b)duh executed(under seal,if reCluircd)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in.his or her certificate or their certificates of authority or by one or more Company Officers purser:Olt to a written delegation Cd authority: and it is FURTHER RESOI..VED.that the Signature of each of the following officers: President,any Executive Vice President,any Senior Vice President,any Vice President. Lilly A."-istant Vice President.any Secretary,tiny.Assistant Secretary.and the seal of the Company may be aff lied by facsinlile to any power of attorney or ler tiny certificate rclaling thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact'for Purposes only of cxec•uting zinc] attesting bonds and undenakingS and other writings oblig:norV in the nature thereof,and any such power of attorney or certificate hearing Such facsimile si mattn•e.or facsimile seal shall he ya]id and binding upon the C.'ontpany and any such Power SO executed and certified by such facsimile Signature and facsimile Seal Shall he Valid and binding on the Company in the ftllrrC with respect to any hand or understanding to which it is attached. I.Kori M.Johanson,the undersigned.Assistant Secretary,of Farmim_un Casualty Company.Fidelity and Guaranty Insurance Company.Fidelity:old Guaranty Insurance Underwriters, Inc.. Seaboard SLII'CtV C.'.nnpany. St. Paul Fire and Marine InsurallCe Company. St. Paul Guardian Insurance Company. St. Paul N'lercurV InSurance Company.Travelers Casualty and Surety C'Onlp:ny.Tra%Clers Casualty and SLII'CIV COinp:my of America.and United Stales Fidelity and Guaranty Company do hereby eerily that the above and foregoing is a lrUe and correct copy uCthe Power, pfrlttornev executed hv.said Companies,which is in lull force and ell"eCI and has not been I'eyttkcil. • - ' IN TESTIMONY WHEREOF.I have hereunto set my hand and.affixed the.sails of said Cori paries this 20th day of_ March -,p O8 Kori M.Johansl Assistant Secretary . :C^$VA � $UHETy YIN E'6Wq� �N INf j 1NSV•C'4 p fY ANN �^3lMFl FY�Y"_Yl O V�Rfr � '- P� f NF CNR C". 9 L'-"•,�weU c7 l 9 B 2 O � 197] �927 K =j-,�. co; � -Z —.— :�: aU HARTFORD• t Fi4RtFOFiD,t r5 < t �.y t'..} .S F:ALo"1 • SEI LL o" CONN.+` 1896 y. ti d A CT•nEN �n;,:';�.�,,.:.+' �rs.ANN! '\ 5........:�a it 'N� r i v+ A1N To Verify the authenticity•of this Power of Attorney.call 1-800-421-3880 or contact us at www.trave]ersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to Which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER