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HomeMy WebLinkAboutMINUTES - 04032007 - C.10 C) TO: BOARD OF SUPERVISORS '--�, -=_ Contra FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR dau r 's Costa DATE: April 3, 2007 --------- County r-- co1 SUBJECT: Approve the Fourth Extension of the Road Improvement Agreement for Road Acceptance 00-01111 (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 JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ NO for Road Acceptance 00-01111 (cross-reference Subdivision 95-07976), approving the Fourth Extension of the Road Improvement Agreement,for project being developed by Windemere BLC Land Company, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer has not completed the warranty/guarantee period and the Road Improvement Agreement has expired. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement guaranteeing completion of the improvements will not be renewed. Continued on Attachment: ✓ SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE THER r SIGNATURE (S): ACTION OF BO ON Y D3 APPROVED AS RECOMMENDED OTHER vow OF SUPERVISORS I hereby certify that this is a true and correct V/ 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. LB:vz G:\EngSvc\BO\2007\04-030O-1l RA 00-111 i.doc m Originator: Public Works(ES) ATTESTED: r;l ©.3 Contact: T.Rie(313-2363) JOHN CULLE , Clerk of the Board of Bond No/Date:11133582913 Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development T-July 11,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 By ,Deputy San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 777 San Marin Drive,Surety SM3 C88 Novato,CA 94993 Attn:Ann Bento 0 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 3, 2007 by the following vote: AYES: SUPERVISORS GIOIA, BONILLA, GLOVER, PIEPHO NO: NONE ABSENT: SUPERVISOR UIL,KEMA ABSTAIN:NONE RESOLUTION NO. 2007/ SUBJECT: Approving the Fourth Extension of the Road Improvement Agreement for Road Acceptance 00-01111 (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 fourth 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 00-01111 (cross-reference Subdivision 95-07976), in the San Ramon (Dougherty Valley) area, through September 11, 2008; i ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% ♦ ANTICIPATED DATE OF COMPLETION: April 2007 ♦ REASON FOR EXTENSION: completion of warranty/guarantee period IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2007\04-03\BO-1I RA 00-III I.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: T.Rie(313-2363) O Bond No/Date:11133582913 ATTESTED: r�� es cc: PublicWorks-Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—July 11,2008 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ranson,CA 94583 Attn:Brian Olin By ,Deputy The American Insurance Company Aq��� 777 San Marin Drive,Surety SM3 C88 Novato,CA 94993 Attn:Ann Bento RESOLUTION NO.2007/ lee CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 00-01111 (cross-reference SD 95-07976) Developer: Windemere BLC Land Company,LLC Original Agreement Date: September 11,2001 Fourth Extension New Termination Date: September 11,2008 Improvement Security Surety: The American Insurance Company Bond No,(Date): 11133582913 (June 25,2001) Security Type Security Amount Cash: $ 11,100.00(1% cash,$1,000 Min.) Bond Rider: $ 164,100.00(Performance) $552,550.00(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: ­2 ( Dated: I('' 0 FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M.Shiu,Public WorkFKDir r Windemere BLC Land Company, LLC By: W \Jw\ Printed see attached signature block Developer's Signature(s) RECOMMENDED FOR VAL: By: r&_XV(D Printed ine (Enge •n Servic s Division) Address The American Insurance,-Company (NOTE: Developer's, Surety's and Financial Surety or Financial Institution. Institution's Signatures must be Notarized.) 777 San Marin Drive ----.Surety SM 3 C88 Novato, CA 94993 FORM APPROVED:Vidw 1.Weg a CDUW Cowed Add71ut 1n,(A ter Approval Return to Clerk ofthe Board �' V 1 Att ey in Facts Signature Ann M. Bento Date: November 14, 2006 Printed Bond No. 11133582913 RA 00-01111 (x-ref SD 95-07976) Road 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 By: Brian G. Olin,Vice-President By: Gam/ ///X�'�— — Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of r Noyewbt�r [ MdYU-e AA"r ,VV_-7- On 2U � before me, Date Name and Title of Officer,(e.g.,"Jane Doe,Notary Public") personally appeared S"AtN ok%to 9, E_ Kek S. rats►-� Name(s)of Signer(s) �-personally known to me /❑`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 MARKM ARIM he4he/they executed the same in hieA-rer/their °^*1614117 authorized capacity(ies), and that by his"r/their NOkUy o bHCcos-Caxrort>v° signature(s)natures on the instrument the person(s), or the Conhq CoaFo Camty � 9 ( ) P ( ) 14P.MVC011711M.EXpires a. entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above d_4W k 1 ngi _ Signature A Notary Public 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General MR11MM Vill ❑ Partner—❑ Limited ❑ General _ ❑ Attorneyin Fact ❑ Attorney in Fact ' rney Top of thumb here Top of thumb here ❑ Trustee El Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 ACKNOWLEDGEMENT State of California ) ss. County of Marin On November 14, 2006, before me, Brenda J. Dickson, personally appeared Ann M. Bento, personally known to me (or 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. WITNESS my hand and official seal. SIGNATURE Brenda J. Vickson seal) BRENDA J.DICKSON COMM.#1596033 � NOTARY PUBLIC-CALIFORNIA MARIN COUNTY 0 My Comm.Expires August 17,2009 1 , -- p FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY 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,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Ann M. Bento of Novato, CA 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 FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY 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 FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th 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 Vice-President,and their corporate seals to be hereunto affixed this 12th day of April 2006 erre - *°t► �"a k" +��c�'F+� �,«^�r FIREMAN'S FUND INSURANCE COMPANY j, NATIONAL SURETY CORPORATION ITHE AMERICAN INSURANCE COMPANY L+`; ISE 6,Z;- ASSOCIATED INDEMNITY CORPORATION 4 Y a`"""e f 4._1L '+•' r`o ,,, +R*i '�1r 'a AMERICAN AUTOMOBILE INSURANCE COMPANY '' � �u®•',,t '�'CE Gam' . �pCE�� ,ti il�t5r'�,'P STATE OF CALIFORNIABy COUNTY OF MARIN SS Vice-President On this 12th day of April 2006 before me personally came Janet S. K1 oenhamer to me known,who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I havf hefr.USL� cral seal,the day and year herein first above written. 1 Commiaelon# 147474 Nolmy RMc-CanomW �. matin Coy* %YIMVCQM.- Notary Publ IQ STATE OF CALIFORNIA I SS. i— — — — COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY 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 and sealed at the County of Marin. Dated the day of r � Ae :. cry �y _� •} r-, � �,� � �`,, J ''�•�`,� .ting�m �1,e NSE n�` "`u„u.p„w'� � Re' nt Assistant Secr 360791-11-98 f