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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-552 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 12, 2004 by the following vote: AYES: SUPERVISORS GIOIAj UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ 552 SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 99- 08150, San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Subdivision 99-08150, in the San Ramon(Dougherty Valley) area, through March 19, 2005; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: December 1, 2004 ♦ REASON FOR EXTENSION: The improvements are complete and the walk-through is underway for acceptance. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED, JY:nn I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\2004\10-12-04\SD 99-08150 130-11 2.doc and entered on the minutes of the Board of Supervisors on the date Originator. Public Works(ES) shown. Contact. Teri Rie(313-2363) cc: Public Works—T,Bell,Cons tion ATTESTED: OCTOBER 12, 2004 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County T—January 19,2005 Windernere BLC Land Company,LLC Administrator 3130 Crow Canyon#310 San Ramon,CA 94583 The American Insurance Company A=Eileen M.Robison By Deputy 777 San Marin Drive Novato,CA 94998 V RESOLUTION NO.2004/ 552 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 8150 Developer: Windemere BLC Land Co.,LLC Original Agreement Date: March 19,2002 Second Extension New Termination Date: March 19,2005 Improvement Security Surety: The American Insurance Company Bond No. (Date): 11127507561 (February 12,2002) Security Tyne Security Amount Cash: S 8,100.00(1% cash,$1,000 Min.) Bond: $845,400.00(Performance) S 406,800.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said.Surety hereby agree thereto and acknowledge same. Dated: Dated: August 11 , 2004 (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Ship Public Works Director t By. (_ 2' L Printed ( See attached signature page) Developer's Signature(s) RECOMMENDED By: Printed (Engineeringces si ) 25 Enterprise I�T Aliso Viejo, CA 92656 Address The American Insurance Company (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must be Notarized.) 777 San Marin Drive Novato, CA 94998 POEM APPROVED:Vidor J.waaw..L=tyCo wd Address After Awrovel Return to Clerk#f the Board djLj • Attorney in Facts Signature Eileen M. Robison Printed WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE,LLC,a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC.,a California corporation, its Managing Member B Lawrence H. Them n,Vice Pres' t By: �'� �-+ Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 11 2004 before me, Dina Prints, personally appeared Lawrence H. Thompson and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. ( °msztlssia n# 536107 Notary PubnC.Cctllfomtti M G Orancounty L1r7itYt' BSNOY2$.20D7_ OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Lawrence H. Thompson --Vice President sennar Homes of California Inc. Dee Baker-Assistant. Secretary Lennar Homes of California Inc. DESCRIPTON OF ATTACHE©DOCUMENT Type of Document: Subdivision Agreement Extension for Surety Bond No. 11127507561 Number of Pages: Two (2) Date of Document: August 11, 2004 Signers (other than those named above): Eileen M. Robinson 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 SSE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONA1 SURETY CORPORATION,an Illinois corporation,TETE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated is Nebraska, ASSOCIATED MEMNI'TY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANC COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, sea' 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 sighed by the President,sealed with the corporate seals of tY, Compan tS and duly attesW by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Tract may do in the premise, This power of attorney is granted under and by the authority of Article VII of the Try-laws of each of the Companies which provisions are not in full force and effect. This power of attorney is signed and seated under the authority of the following Resolution adopted by the Board of.Directors of each of th Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amen& or repeated. "RESOLVED,that the signature of any Vice-President,Assiistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of ttte Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate rotating thereto,by facsimile,and any power of attorney,any revocation of any mower 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 hereunt affixed this 2nd day of Ngve err V-2001 €.•t,y � �' F� *'i "` OMAN'S FUND INSURANCE COWANk� c .• v `� 11, NATIONAL SURETY CORPORA110 • " '� THE AMERICAN INSURANCE COWAN � ASsoaAm Il+fi�tEly mw C;DRPORA`TiC?' �`"�°' ` • ' 'ri>: tnc c� '`'hire `c �Y ��rts s.!►`' AMERICAN AUTOMOBILE INSURANCE COMPAN' �ytJ1.A STATE OF CALIFORNIA SS. By ✓'f; COUNTY OF MARIN Yee-t'mident on this 2nd day of Noygmber 2 Q 0 ,before me personally came Donn R. Kolbeck 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 execute 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 girder; IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRISTIN A.GATZOLi > 0 COMM.#1262236 !1i NOTARY PUBLIC-CALIFORNIA MARiN COUNTY My Comm.Expires Apd!29.2004 STATE OF CALIFORNIA.I SS. CERT'iFT1� CATS COUNTY OF MAItIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER C ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resoluta{ of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and scaled at the County of Marin. Dated the hth day of August 2004 flqw BA I., * ,+ `" �t �r4 +'•,_•✓' Resident Assistant SpAtaU wz .....................I.............................................................................................................................................................11 ......................................- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On 'r` tP,AUC Y before me, jjc ±nzt:4 Date Name and TtM of OWmr(ag., Jane Doe,NoU*PulAd) personally appeared E41-ee'il M , Rp6scy-) N—(S)of SIDWS) prsonally known to me proved to me on the basis of satisfactory evidence to be the person(p) whose name{) is/a/b subscribed to the within instrument and acknowledged to me that h#she/thAy executed the same in Wheir/ttk& authorized capacity(iq6), and that by hit/her/their r KRISTIN A.GAUOU signature( on the instrument the person(,or 0 COMM, #1486119 > the entity upon behalf of which the personA NOTARY"LIC-CALIFORNIA MAR$N t�M.'Nr'f 0 acted, executed the instrument. MY COMM EX0,98 APRIL 29,2009 WITNESS my hand and official seal. Pince Notary seal Above Signatu o is 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: bapacity(ies)Claimed by Signer Signer's Name: R-ff C1501:1171-11-1, 0 Individual 0 Corporate Officer—Title(s): of thumb here 0 Partner—©Limited 0 General 0 0 Attorney in Fact 0 Trustee 0 Guardian or Conservat 0 Other: Signer Is Represe ng: TO: BOARD OF SUPERVISORS Oo 4#1 FROM: MAURICE M. SIIU, PUBLIC WORKS DIRECTOR DATE: October 12, 2004 SUBJECT: Appmai the,Second Extension of the Subdivision,A eement, Subdivision 99-08150. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACICCrROUND AND 3USWICA I tt7N RECOMMENDATION(S): ADOPT Resolution No. 20041552 for Subdivision 99-08150,approving the second extension ofthe Subdivision Agreement, being developed by Windermere BLC Land Company, LLC, San Ramon (Dougherty Valley) area, (District III) FISCAL IMPACT: Nene. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The first Subdivision Agreement has expired,therefore the developer is requesting a second extension. CONSEQUENCES OF NEGATIVE ACTION: With the Agreement expired, the developer Will not be able to complete the improvements as per the original Subdivision Agreement. Continued on Attachments_,,,_ SIGNATURE: COMMENDATION OF COUNTY'AI3MINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE : ACTION OF BO ON OMBER 12. 2004 APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown. XX UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 12, 2004 G:� DiLWngS,c\BoU004UG.12-04�a99-n8150ortlrx:.� JOIN SWEETEN, Clerk of the Board of Came.al": TriPublic Wont 236 Supervisors and County Administrator cartta>K: T�Rig(a13-2353) cc: Public Works—T.Bell,Conslnaction Current Planning,.Community Development T—January l2,2005 Wincitmem BLC Land Company,LLC 3130 Crow Carryon 03 to San Ramon,CA 94593 By ,Deputy The American Iran Company Attn:RawM:'Robisoo 777 San M"Drive Novato,CA 94999