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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-567 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October 19,2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKENA, GREENBERG, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER ABSTAIN: NONE RESOLUTION NO.20041 567 SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 00- 0815 1, 0-08151, 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 00-08151, in the San Ramon{Dougherty Valley} area,through July 22, 2005; + APPROXIMATE PERCENTAGE OF WORD COMPLETE: 100% + ANTICIPATED DATE OF COMPLETION: September 1, 2004 + REASON FOR EXTENSION: Have not completed necessary walk.-through with County inspection division IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. 1 hereby certify that this is a true and correct copy of an action JX:rm taken and entered on the rriinutes of the Board of Supervisors G:\GipData\EngSvc\BO\2004110-IM41SDOO-08151 B0-11.doc on the date shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED: OCTOBER 19, 2004 cc: Public Warks—T.sell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and Current Planning,Community Development County Administrator T-May 22,2005 Windemere BLC Land Company LLC 3130 Crow Canyon Place,Ste 310 San Raman,CA 94503 The American Insurance CoMany lay ,Deputy 777 San Marin Drive Novato,CA 94998 RESOLUTION NO.2004/ 567 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 8151 Developer: Windemere BLC Land Co.,L.L.C. Original Agreement Date: March 19,2002 Second Extension New Termination Date: July 22,2005 Improvement Security Surety The American Insurance Company Bond No. (Date): 111 275 07579(February 19,2002) Security T Security Amount Cash: $3,800.80 (1% cash,$1,000 Min.) Band: $372,000.00 (Performance) S 188,880.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety he eby agree hereto and acknowledge same. Dated: L � n Dated: August: l7, 2004 ( See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Wori s IJ" � By. Printed w ( See attached signature page) Developer's Signature(s) RECOMMENDED FOR PROV By: t �2�e Enterprise (Engineering S ' es D' ) Aliso Viejo, CA 92655 Address .----The American insurance Compare (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution Is Signatures must be Notarized) 777 San Marin Drive Novato, CA 94998 MRMAFPROVED:Vio"St WauamCowntyCvAW Address A jte_rdnnrova!Return to Cork ofthe Board Yom% Attorney in Facts Signature Eileen M. Robison August IL 2004 Printed _.... _....... _........ ......... ._....... ......... ._...__.. ... ... ... _. .. ........ ....... ........ ...._ ........ ......... .......... ....................__..._...... .. WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC,a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC., a California corporation, its Managing Mem By: David Evans, ace president By: Dee Baker, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 17, 2004 before me, Dina Printy, personally appeared David Evans and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. MINA.PRINTY --ornmission#1463610 Notary,Public-Cautornia )range County Aires Nov 2$,21)07 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. David Evans --dice 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. 11127507579 Number of Pages: Two Q, 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 , before me, ,yy"t S7ft n r li, 0� &tl t e+ , Date Name and Tsfe of Officer(e.,'ariMa Doe,Noun P �_') personally appeared t.lty cal YK• j?01 t son Names)of SiOrrer(s) ' personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(g} whose name(y) is/ale subscribed to the within instrument and acknowledged to me that WsheAt)by executed the same in Vs/herltVIr authorized capacity{i ), and that by l thert/thAir r KRISTIN A.GAllOLl signature(?)on the instrument the person f),or Q COMM, #148611$ > the entity upon behalf of which the person (1 t9GTAt�Y PUBARIN COUNTY oRN,A acted, executed the instrument. r�Arttta couNrr � My Comm.Expires APRIL 29,2008 1 WITNESSm hand and official seal. Place Notary Seat Abvve &iQnatstra M OPTIONAL Though the Information below is not required by taw,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: +t�cith'srnr� 1rtt+»te.++fc �enu'++tr, 11/275'0 7 '79 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: _ 0 Individual lop of thumb here Ct Corporate Officer—Title(s)- 0 Partner--�D Limited Gl Ge al © Attorney in Fact Q Trustee O Guardian or Co ervator © other Signer Is R resenting: FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION TSE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESEN'T'S: That FIRE AAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AME RICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNT'I"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 Attorneys)-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 ____----....__and to bind the Companies thereby as My and to the same extent as if such bonds were signed by the President,sealed with the corporate seats 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-taws of each of the Companies which provisions are now 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 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 scat 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 shalt be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vine-President,and their corporate seats to be hereunto affixed this 2nd day of Noyeaher _ - 200L- 4,tr.lf FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION �''m -i`'+ .•ae " '_•�' THE AMERICAN INSURANCE COMPANY sevr.awro '~ ' ; s L' ASSOCTA€'ED INDEMNITY CORPORATION F AMERICAN AUTOMOBILE INSURANCE COMPANY IV E wry STATE OF CALIFORNIA SS. By COUNTY OF MARIN Vice Pmsidmt On this 2nd day of November , 2Q01 ,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 insmrmeut;that he knows the seats of the said Companies;that the seals affixed to the,said instrument arc such company seats;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by tike order. IN VnTNESS NVIMREOF,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 sats NOTARY PUBLIC-CALIFORMA { tAARtN COUNTY Q My COMM.Expires A4W M 2WA N tI STATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MARI€'3 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;andfurthermore that Article VII of the By-taws of each company,and the Resolution of the Board of Bisectors;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 2004 yo, �rtrelrr iMlt+B f� ¢`.�«+:,rirr M� �'` 't1.MK9t� Y ��t•# ♦ .4� �b,P,q ,,,• +�� �dtj ,x w.+++• C€eo +kcC C'� Resident Assistnt tVY th TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 19, 2004 SUBJECT: :Aaroving the Second Extension of the Subdivision AgrBement, Subdivision 00-08151. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&13ACKGROUND AND JUSTIFICATION ADOPT Resolution No. 2004/ for Subdivision 00-08151,approving the second extension ofthe Subdivision agreement, being developed by Windemere BLC Land Company, LLC, San Ramon (Daugherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The first agreement extension has expired for Subdivision 00-08151. 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. »" J Continued on Attachment:— SIGNATURE: MMMENDATION Off'COUNTY ADMINISTRATOR 6 �_RECOMMENDATION OF BOARD COMMITTEE ,PROVE OTHER r I AT RES L=46� ACTION OF BOA ON_ QCMMM .1-9, 20Q4 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 V 1 AYES: NOES: ABSENT: ABSTAIN: ATTESTER: OCTOBER 19, 2004 JOHN SWEETEN, Clerk of the Board of G:iGTData\EngSvel x\2044110-1"'SD00-08151Ordcr.doe Orig.Div: Public Works(E5) Supervisors and County Administrator Contact: Teri Rie(313-2363) cc: Public Works—T.Sell,Construction Current PisummS.Community Development T--May 22,2005 Wmar ere SLC Land Company LLC Deputy 3130 Crow Canyon Place,Ste 310 By i Deputy San Ramon,CA 94503 The American.insurance Company 777 San Marin Drive Novato,CA 94999