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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-568 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 10412004/ 568 SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08151, San Ramon (Dougherty Valley) area. (District I 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) betweenWindemere 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; i APPROXI7UTATE PERCENTAGE OF WORK COMPLETE: 95% ♦ 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 ofthe Public Works Director is APPROVED. N:rm I hereby certify that this is a true and correct copy of an action o:tcrpnataEn&Svc�BO\2004»0-19-04\SD 0o-08151 BO-11 ROWL.aoc taken and entered on the minutes of the Board of Supervisors originator; Public Works(ES) on the date shown. Contact: Teri Ric(313-2353) cc: Public Works—T.sell,Construction ATTESTED: OCTOBER 19, 2004 current Planning,Community Development T-May 22,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and Windemere BLC Land Company LLC County Administrator 3130 Crow canyon Place,Ste 310 San Ramon,CA 94503 The American Insurance Company 777 San Maria Drive Novato,CA 9499€ By � -- ,Deputy RESOLUTION NO.2004/ 568 CONTRA COSTA COUNTY RIGHT-OF-WAY LANDSCAPING AGREEMENT EXTENSION Development Number: Subdivision 8251 Developer: Windemere$LC Land Co.,L.L.C. Original Agreement.Date: April 9,2002 Second Extension New Termination Date: July 22,2005 Improvement Security Surety: The American Insurance Company Bond No.(Date): 122 2750 7801 (February 27,2002) Security Tyne Security Amount Cash: 81,000.00 (1% cash,$1,000 Min.) Bond: S 57,800.00(Performance) $29,400,00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date,and Contra Costa County and said Surety hereby agr ereto and ac owAedge same. Dated: 9 i Dated: August 17, 2004 t�,- ------- _ (See attached signature page=) FOR CONTRA COSTA COUNT Developer's Signature(s) Maurice M Shiu,Public Wo e r By: !° " Printed 5 Enterprise Aliso Viejo, CA 92656 Developer's Signature(s) RECOMMENDED;CMAL: By: Printed {Engin 'ng ` es D vision) (See above) Address The American Insurance Company (NOTE. :Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must he Notarize&) 777 San Marin Drive Novato, CA 94998 a, FORM AMOVEn:Vkuw I.wrmmCw y C m-1 _. _.. Address After Aaroyd Return ter Clerk nl fhe Board � - Y Attorney in Facts Signature Eileen M. Robison August 12 04 Printed WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC,a Delaware limited liability company, Its Managing Member By: L#=NNAR HOMES OF CALIFORNIA, INC., a California corporation,its Managing Member By: David Evans,Vice P e,dent By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 17 2004 before me, Dina Prints, personally appeared David Evans and dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. 6DINA PRiNlY Vcornmi"ion#1453614 Notary Pubtic-Ca#itatrda + Grange county ' •. M1 Comm.Exp4res Nov 2$,2007 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 —Vice President L.ennar Homes of California Inc. Dee Baker-Assistant. Secretary Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Richt-Of-Warr Landscaping Agreement Extension for Surety Bonet No. 11127507801 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 44-+ On j2Y4j44 J ' VQj( , before me, r'{5 + �i* Q i-Oli,A(O-rv! 446 e, , Mame area We of Ofter(e.g..`.bane Oft,NotarYPutic") personally appeared i 1CI , f'i't.• Rol6 -san Name(s)of Signer(a) rsonally known to me Q proved to me on the basis of satisfactory, evidence to be the person(g) whose name($) is/e/e subscribed to the within instrument and acknowledged to me that th/she/ttby executed the same in Vs/her/thi6 r authorized capacity(14), and that by tjk/her/their r KRISTIN A.GA OLlsignature{ } on the instrument the person ,or 0 COMM. #148$1 t 9 > the entity upon behalf of which the person06 NOTARY PV8LIG-CALIFORNIA SIN COUNTY 0 acted, executed the instrument. My Comm.£xoree APRIL 23,200 WITNESS mv hand and official seal. Wazxt Notary Seat Above sign,(" P is OPTIONAL Though the infom ation below is not required by law,it may prove valuable to persons relying on the document and mould prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ a �•+�+Gl i e rrwR.. - cdllr1+`or. l 1 J,"i.'?S"Q�►g'13/ Document pate: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: Q Individual Top of thumb here Q Coq)orate Officer---Titie(s): © Partner Q Limited Q General Q Attorney in Fast Q Trustee Q Guardian or Can for Q Other. Signer is resenting: FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INUEHN1"TY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TBESE PRESENTS-. That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AN ERICAN 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 Eileen Mw 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 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 Attorneys)-m-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the Bylaws of each of the Companies which provisions are now in full force and affect. 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 1%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 WTMMF,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 N!2y=ber FIREMAN'S FUND INSURANCE COMPANY � 4,�"`-�;; �s NATIONAL SURETY CORPORATION TBE AMERICAN INSURANCE COMPANY sar.awro w * t ' A'�1 1 ASSOCIATED INDEMIQTY CORPORATION S, <c+r ' ' `".`` r ; �s�� * •tt` '`r."-' AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS. By '� COUNTY OF MARIN vice-President On this 2nd day of November , 20 01 ,before me personally came Donn R. Kolbeck to erre 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 WI3ER.EOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRISTIN A.GAZZOLI � r COW#1262236 > 0NOTARY PUSUC-CAUFORNiA I MAR4N COUNTY My Comm.Expires AW.29.2dEl4 N STATE OF CALIFORNIA I 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 she Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 12th day of August 2004 P CN 4 .M+MN4y; 1+ upTawro PDX , , +.au., A'CF eyed kCfwC,tt Ot A.sistnt ,R4tesiQeS TO: BOARD OF SUPERVISORS FROM: MAURICE M. SI-IIU, PUBLIC WORKS DIRECTOR DATE: October 19,2004 SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping), Subdivision 00-08151. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS}: ADOPT Resolution No. 20041 -568 for Subdivision 00-08151,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 III) FISCAL IMPACT: None. BACKGROUNDfREASONiM),FOR RECOMMENDATION(S): The first agreement extension has expired for Subdivision 00-08151. The landscape 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 landscape improvements for the original Subdivision Agreement(Right-of-Way Landscaping). Continued on Attazhment:_,_„ SIGNATURE: t COMMEND7T"ION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE „_eOPROVE OTHER S GN TURF S r ACTION OF BOA"ON SER 19,, 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 VOTE OF SUPERVISORSminutes of the Board of Supervisors on the xx UNANIMOUS(ABSEN'T' V ) date shown. AYES: NOES: ABSENT. ABSTAIN: ATTESTED: OC (B�_ER L9. 2004 G:\CxrpData\FngSvc\BO\2W4\10-19-041SDOO-08151 order R©WL.doc JOHN SWEETEN, `-clerk of the Board o orlg,Div: Public works(ES) Supervisors and County Administrator Contact: Teri(tic(313-2363) ec: Public Works-T,Sell,Construction Current Planning,Community Development T-May 22,2005 Windemerere BLC Lattd Company LLC 3130 Crow Canyon Place,Ste 310 San Ranson,CA 94303 By--_ .o ,Deputy The American Insurance Company 777 San Marin Drive Novato,CA 94998