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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-553 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October 12, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004!553 SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) 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 (Right-of-Way Landscaping) 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 April 9, 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:rm I hereby certify that this is a true and correct copy of an action taken c:+GrpData\Engsve\sa12004\10-12-04vSD 99-08150 3©-1 l.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.sell,Construction ATTESTED: OCTOBER 1.2, 2004 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County T—February 9,2005 Wmdemere BLC Land Company,LLC Administrator 3130 Crow Canyon#310 San Ramon,CA 94583 The American Insurance Company Eileen in Robison 777 .� , 777 San Marin Drive By Deputy Novato,CA 94998 RESOLUTION NO.2004/ 553 CONTRA COSTA COUNTY RIGHT-OF-WAY LANDSCAPING AGREEMENT EXTENSION Development Number: Subdivision 8150 Developer: 'Windemere BLC Land Co., LLC Original Agreement Date: April 9,2002 Second Extension New Termination Date: April 9,2005 Improvement Security Surety: The American Insurance Company Bond No.(Date): 11127507785(February 27,2002) Security Tyne Security Amount Cash: $ 1,000.00(1% cash,$1,000 Min.) Bond: S 59,200.00(Performance) $30,100.00(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 agref the e o d acknowledge same. Dated: Dated: August 11 , 2004 .... ... ........ (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Works Director BY= Printed (See attached signature page) Developer's Signature(s) RECOMMENDED OR AP AL: i By. (Engineers eryi s'on) �tEnterprise g Aliso Viejo, CA 92656 Address The American Insurance ComDany (7VOTE. Developer's, ,Surety's and .Financial Surety or Financial Institution Institution's Signatures must be.Notarized) 777 San Marin Drive Novato, CA 94998 FORMAMOV90:vscwr.w.mw,cmMyC« .1 Address After Approval Return to Clerk e,0he Board Y`��� • 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 Lawrence H. Thom n,Vice President aa�' By: - L Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange e 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. DNA PRMM Commission# 1468610 Notary Public-CafNomla Orange County MY Comm.>rxpi[es Nov28,2W7 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 Lennar Homes of California Inc. Dee Baker-Assistant. Secretary Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Subdivision Agreement Extension for Surety Bond No. 11127507785 Number of Pages: Two (2) Date of Document: August 11, 2004 Signers (other than those named above): Eileen M. Robinson FIREMANS 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,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNI"I'Y CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Nfissouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorney(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 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 2nd day of November , 2 0 Q I "",� FIRF,MA.N'S FUND INSURANCE COMPANY ,� ;,.r••••'',c'. ,�',�,•••• �•4c, `' `._ NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNM`Y CORPORATION r dN i+ f` ,:�;:;> G+�,� fox*;` ��w��x •tov�' �`af *� AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS. B 0, COUNTY OF MARiN Vice-President on this 2nd day of November 2001 ,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 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 V WESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. r KRISTIN A.GAZZOL! A 0 COMM.#1282236 > NOTARY PUBUC•CALiFORNIA Q M`,, r MARK COUNTY 0 My Comm.EYOMS Avd!29,2004 " N STATE OF CALIFORNIA �SS. CERTIFICATE COUNTY OF MARIN L 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 6th day of August 2004 SEVi,37070 � e i7V`'• � "�, � _� BEA L.�s tc13j. w � p C' 6•kUr,U`� y . ♦ Gi'~�.,�t• !JG i tt� %�.'*....../4�F "$ ti °NCE Co Resident Assistant sodQq CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On Ake u44- 16.,a-co,/ , before me, kris+,►-, > -xtZzi (; . _ c-h�• ' t��f,c , Date Name and Tide of officer(eQ.,:Ihne Doe,NOWPpb W1 personally appeared 6 Igen m. b,i s , , N-e(s)of signers) rsonalty known to me ❑ proved to me on the basis of satisfactory evidence to be the person(g' whose name(p) is/ar'e subscribed to the within instrument and acknowledged to me that t#shefttoy executed the same in osfherftioir authorized capacity(iesl, and that by t3t'sfherftheir r KRISTIN A.GAllOLI signature(y)on the instrument the person($) Q , or TAFfyPCOMM. #1486119 tD the entity upon behalf of which the person NOTARY l'l tBLIC•OAl fFORNIA u fA1NCOUNTY Q acted, executed the instrument. My COMM Expires APRIL 29,20ffB -1 WITNESS my hand and official seal. Place Notary Seal Above SiF Public OP770MAL Though the information below is not required by law,it may prove Wuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fort to another document. Description of Attached Document Title or Type of Document: _ i -u - LrA�,ri�cca o r r� A A,,4 Document Date: Number of Pages:• .--�"" � Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual ' © Corporate Officer—Tide(s): Top of thumb here ❑ Partner--❑Umited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservat ❑ Other. Signer Is Represef ng: f TO: BOARD OF SUPERVISORSri FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 12, 2004 SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping), Subdivision 99-08150. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA'T'ION RECOMMENDATION(S): ADOPT Resolution No. 20041 5.53 for Subdivision 99-08150,approving the second extension ofthe Subdivision Agreement(Right-of-Way Landscaping),being developed by Windemere BLC Land Company,LLC,San Ramon (Dougherty Valley)area. (District IM FISCAL IMPACT: None. BACKGROUND/REASON S) FOR RECOMMENDATION(S): The first Right-of-Way Landscaping 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 Right- of-Way Landscaping Agreement. Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR Lam, RECOMMENDATION OF BOARD COMMITTEE __✓APPROVE OTHER r SIGNA ACTION OF BO ON OCTOM 12,, 2004 AP'P'ROVED AS RECOMMENDED,gy_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: OC'T'OBER 1.2, 2004 G:\GMData\FngSvc\$O\2004\10-12-04%D99-08150Order.doc JOHN SWEETEN, Clerk of the Board of Orig.Div. PublicWorks(ES) Contact: Tai ic(313-2363) Supervisors and County Administrator cc: Public Works—T.Sell,Construction Current Planning,Connnnnity Development T—February 9,2005 Windemere SLC Land Company,LLC 3130 Crow Canyon 0310 /''� San Return,CA 94583 By i+' y Deputy The American insurance Company Attn:Eileen M.Robison 777 San Merin Drive Novato,CA 94998