Loading...
HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-565 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 19, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO. 2004/ 565» SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 99- 08154, 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 99-08154, in the San Ramon(Dougherty Valley) area,through February 12, 2005; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% t 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 ofthe Public Works Director is APPROVED. JY:rm G:\GrpData\Engsvc1130\2004\10-19-04NSD 99-08154130-11.doe t hereby certify that this is a true and correct copy of an action taken originator: Public works(Es) and entered on the minutes of the Board of Supervisors on the date Contact: Teri Ric(313-2363) shown W. Public works—T.Bell,Construction Current Planning,Comnuin ty Development ATTESTED: OCTOBER 19, 2004 T—February 15,20'05 windemere BLC Land Company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and County 3130 Crow Canyon Road 4310 Administrator San Ramon,CA 94583 The American Insurance Company Attn:Eileen Robison 777 San Marin Drive Novato,CA 94998 By ,Deputy RESOLUTION NO.2004/ 565 Contra Costa County SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 8154 Developer: Windemere BLC Land Company,L.L.C. Original Agreement Date: February 12,2002 Second Extension New Termination Date: February 12,2005 Improvement Security Security Type Security Amount Cash: 5 8,600.00(1% cash,$1,000 Min.) Bond: $846,900.00(Performance) $427,750.00(Labor&Material) Bond No. (Date): 11133599222 (November 30,2001) Surety: The American Insurance Co. The Developer and the bonding company desire this Agreement to be extended through the above date;and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. ;( Dated: August 17, 2044 wDated: I�H (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public or D' r By: C ti Printed 25 Enterprise _ Aliso Viejo, CA 92656 Address RECOMMENDED FO AP V The American Insurance Company By: Surety or Financial Institution (Engineering Servic4s ivl`sion) 777 San Marin Drive Novato, CA 94998 Address Attorney in Facts Signature (NOTE. Developer's, Surety's and Financial.Institution's Signatures must he Notarized.) _ Eileen M. Robison August 12, 2004 Printed Atter Approval Retum to Clerk of the Board F©RA9 APPROVED: Ucr,J.WeJman Cowry CQynuj 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 vid Evans,Vice resident By: t.-�K.L.- -- Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Qlgn e On August 17, 2004 before me, Gina Printy, personally appeared David'Evans 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, Lo PbtNA RtNTyCommmon#14536;0 Notary Public-ColitomiaOtonge County W Comm.Ex}kW Now 28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent€raudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: David Evans--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. 11133599222 Number of Pages: Two 2) Date of Document: August 17, 2004 Signers (other than those named above): Eileen M. Robinson CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � ' On i2M&Ld / _Q_0_Vj , before me, ,rtS-{tn Date Name and Fide of O iow(e.g.."Jane One.Notary P ") personally appearedr`lc,, / .• t7itsrar> Names)of Signers) personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(o whose name(y) islale subscribed to the within instrument and acknowledged to me that th/she/dAy executed the same in Vs/herltVir authorized capacity(14), and that by 44/herlthAir KR;STIN A.GAZZOLI signature(?)on the instrument the person,or COMtoC. #1486119 � the entity upon behalf of which the person(4 '. NOTM"",F;' tf° '"LA I acted, executed the instrument. i My COMM EXPhs APRIL 29,2008 "S WITNESSmy and and official seat. Plane Notary Seat Above Signatu of O!°"77ONAL. 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 farm to another document. Description of Attached Document Title or Type of Document: _. #� ciit`� +" r~, t rpt�#~ 46*'A&r 1.4" ill $S''r#9 AA-a' Document gate: Number of Pages: Signer(s)tatter Than Named Above: Capacity(les)Claimed by Signer Signer's Name: Cl Individual 4- ra> 0 Corporate Officer--Title(s): of srwmb here 0 Partner--0 Limited 0 General Cl Attorney in Pact 0 Trustee 0 Guardian or Conserva Cl other: Signer is lepres /ing- FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURE'T`Y CORPORATION ASSOCIATED INDEMNI'T'Y 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 COWANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNI'T'Y CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri 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, seat, acknowledge and deliver any and all bonds,undertakings,recognisances or ether 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 Attorney(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 duty called and held,or by written consent,on the 14th 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 No„yernb 2001 x•.Itj ''Y: ar..ear �" °� FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION • € THE AMERICAN INSURANCE COMPANY SEAL; x ASSOCIATED INDEMNITY CC3RPORATION " f': ' '•''� #'+vcE c� vc `c<+'`R 'xt AMERICAN AUTOMC)Ba E INSURANCE RANGE COMPANY STATE OF CALIFORNIA SS. By COUNTY OF MARIN vice President on this 2nd day of November 2001 ,before me malty came Donn R. Kcol.beok to me known,who,being by me duty sworn,did depose and say.#hat 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 seats 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 have hereunto set my hand and affixed my official seal,the day and year herein first above written. r KRISTIN A.GAZZOLI COMM.#1262236 �►. NOTARY PUBUC•CALIFORNtA MARIN COJNTY 0 lvfy Comm.ExOe$APO!29,20N ti 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 12th day of August 200 Y�-`{S �.xy►�+rC � �t&XW f ,�. ►`t�„ur� r pA�tE4.�, o + • t °' y�{c�,cyy } •,* * +' y��# to fs *�� s” .....,,���' cc Resident Resident Assistant etauy M TO: BOARD OF SUPERVISORS , FROM. MAURICE M. SH1U, PUBLIC WORKS DIRECTOR DATE: October 19, 2004 SUBJECT: AppTqTipg the Second Extension of the Subdivision A eenaent, Subdivision 99-08154. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 565 for Subdivision 99-08154,approving the second extension of the Subdivision Agreement, being developed by Windeere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District IIS FISCAL IMPACT: None. BACKGROUNDIREASON(S) FOR RECOMMENDATION(S): The first agreement extension has expired for Subdivision 99-48154. The improvements are not complete. Therefore, the developer is requesting a second extension. CONSEQUENCES OF NEGATIVE ACTION: With the first agreement extension expired,the developer will not be able to complete the improvements as per the original Subdivision Agreement. Continued on Attachment: SIGNATURE: „RECOMMENDATION OF COUNTY'ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 'PROVE OTHER r SIGNATURE ACTION OF BO ON OMBER 19_,__2004APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the �) XX UNANIMOUS(ABSENT V date shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 19, 2004 G:�CxrpDatalEngSvol$012tH341t0-29-0415.6 99.09#54 Otder.doc JOHN SWEETEN, Clerk of the Board of Crit.Div- Public Wogs-36 Cnotsct: Teri Ric(3#3.22363) Supervisors and County Administrator cc: Public Works...T.Bell,Constitution Current Planning,Community Development T-February 15,2005 Windernere BLC Land Company,LLC f" 3130 Crow Canyon Road#310 ok d0 p +� San Ramon,CA 94593 By- �' t 1 The American Insurance Company IF Attu:Eileen Robison 777 San Marin Drive Novato,CA 94995