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Home My WebLink AboutRESOLUTIONS - 05102004 - 2004-617 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 30, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RFSOLUTION NO.20041 61:7 SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivision 00- 08149, 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 and the County for construction of certain improvements in Subdivision 00-08149,in the San Ramon(Dougherty Valley) area, through August 19, 2005; APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 90% ANTICIPATED DATE OF COMPLETION: December 2004 ♦ REASON FOR EXTENSION: The developer is still working on punch list items. 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 G:\GrpData\EngSvc\BO\2004\11-30-04\SD 00-08149 BO-1 l.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors On the date shown. Contact: Teri Rie(313-2353) cc: Public Works—T.Bell,Construction ATTESTED: NOVEMBER 30, 2004 Current Planning,Conmumity Development T-June 19,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and Windernere BLC Land Company Ann:Brian Olin County Administrator 3130 Crow Canyon Place,Suite#310 San Ramon,CA 94583 The American insurance Company Atm:Kristin A.Gazzoli By Deputy 777 San Marin Drive Novato,CA 94998-2000 RESOLUTION NO.2004/ 617 CONTRA COSTA COUNTY SUBDWISION AGREEMENT EXTENSION Development Number: Subdivision 8149 Developer: Windemere BLC Laud Co.,LLC Original Agreement Date: February 12,2002 2nd Extension New Termination Date: August 19,2005 Improvement Security Surety: American insurance Company Barad Na.('Date): 111 335 99248('November 30,2001) Security Type Security Amount Cash: $ 12,700.00 (1% cash, $1,000 Min.) Bond: S 1,256,300.00(Performance) S 584,000.00(Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Searety hereby agree that oand acknowledge same. Dated: Dated: September 14, 2004 See attached signature page FOR.CONTRA COSTA CONY Dcveloprr's Sigraanure(s) Maurice M. Shiu,Public Works D CIO By: c.�) Printed See attached signature page Developer's Signature(s) RECON NDED FOR.=A , ) By: Printed (Erigirae 8 c I)i `szan) 25 Enterprise Aliso Viejo, CA 92656 .address (NOTE: Developer's, Surety's and Financial Ij,wirurion's Signatures must he Notarirel) THE AMERICAN INSURANCE COMPANY Sursty or Financial institution :cax.�rgavcti v«.,raow.ewm,to..:u 777 San Marin Drive Novato, CA 94398-2000 Afar Aaarg-1 grtm«to Q-k atgcha Beg Address Attortie in Facts si a re Kri tin A. G�� 1 Panted �� WINDEMERE DLC 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 By: David Evans,Vice Pre ident By: 0,,&in Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of grange On September 14, 2004 before me, Dina Prints, personally appeared David Evans and Lee 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 personor the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official',seal. -== d 1flN IN10 Commission# 1453b10 '..; Notary Public California orange County My comm.Expires Nov 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 fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: David Evans —Vine President Lennar Homes of California,. Inc. Dee Baker-Assistant. Secretary Lennar Homes of California Inc. DESCRIPTGN OF ATTACHED DOCUMENT Type of Document: Subdivision Agreement cement Extension for Surety Bond No. 111 3359 9248 Number of Pages: Two (2) Date of Document: September 14, 2004 Signers (other than those named above): Kristin A. Gazzoli State of California ) ss. County of Marin On September 8. 2004, before me, Brenda J. Dickson, personally appeared Kristin A. Gazzoli, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE y if s 'f (Seal) Brenda J. ickson r BRENDA J. DICKSON CL M.#131W02 a. _� NOTXIRLIC-oALIFORNIA IN COUNTY 0 My Comm.Expires Avwsl 17.2005" 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 MEI 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`T'Y CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Kristin A. Gazzoli 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 Cmapanies thereby as fully and to the same extent as if such bunds were signed by the President,seated with the corporate seats 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 seated 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 19th day of March, 1995,and said Resolution has not been amended or repeated.- "RESOLVED, epeated:"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(rearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents t O gned by their Vice-President,and their corporate seats to be hereunto affixed this 1.7._day of 3 FIREMAN'S FUND INSURANCE COMPANY t .. o ,t .. Ly "r`°"`"`•r.' ,vk-- NATIONAL St.TRE ORPORATIC�N ; f 4. ._:, THE AMERICAN INS CE COMPANY t ASSOCIATED IND CORPORATION �,ytc",` '` '•` ��<%vc�e��` C1 STATE sit i AMERICAN AUTOMOBILE1NS CE COMPANY 12 STA'TE OF CALIFORNIA SS. By COUNTY OF MARIN vice-t'resi t 17 March 2003 Harold N. Marsh On this day of ,before me personalty carne to me known,who,being by me duty 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 WHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written. BRENDA J.DICKSON k*� f CONOW.#1319092 Y #1$ NOTARY PUBLIC-CALIFORNIA mARM COUNTY l} Q • My Comm.Expir®t Aupuei 17,2006't y STATE OF CALIFORNIA SS. CERTIFICATE Notary lic COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of each company, ISO HEREBY CERTU Y 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 day of Ytp a{Ycaar+ � �ar+�uisG i� aE`• �s �o `� � Z SfP't.3.07t7 b �� . •r a- s.� :-t.- ,I//,.////J!f "�'� �,y�. "" a.. o � 's a 'J{i •`..€`.'. --'.C!:E-G-.LLr � J'/` ,J J 1''�f•X-'r r�tcw 't ; • �t�f+r€c�c� �L��rc[i�� tou s° r Resident Assistant Secretary i „ TO: BOARD OF SUPERVISORS 1 iY FROM: VIAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 30, 2004 SUBJECT: Approving the Second.Extension of the Subdivision Agreement for Subdivision 00-08149. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 617 for Subdivision 00-08149,approving the second extension of the Subdivision Agreement for project being developed by Windemere BLC Land Company,San Ramon(Dougherty Valley)area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S)-FOR RECOMMENDATION(S): The first Subdivision Agreement has expired,therefore the developer is requesting a second agreement extension. CONSEQUENCES OF NEGATIVE ACTION: With the Subdivision Agreement expired, the developer will not be able to complete the improvements as per the original Subdivision Agreement. --<Continued on Attachment. SIGNATURE: RECOMMENDATION OF COUNTY ADMIN19MATOR RECOMMENDATION OF HOARD COMMITTEE e," PROVE OTHER r SI NA ACTION OF B Akb/ ON NI OVEMBER 30,__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(ABSENT NONE date shown.) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: november 30, 2004 JOHN SWEETEN, Clerk of the Board of GA(;rpDatatEngSve\B012004,I1-0-04iSD00-08149Order.doc Supervisors and County Administrator Or18,.DM Public Works(ES) Contact: Teri Re(313-2363) cc: Public Works-T.Bell,Construction Curren:Planning,Community Dc'elopment T-June 26,2005 �-y Windenmre BLC Land Company By ^'"' , Deputy At Briar.Olin 3!3Fs Crow Canyon Ptacc,Suite#310 San Ramer`.CA 94583 The American Insurance Convany All.:Knn.in A.Gazzoli 777 San Marin DritT Novato,CA 93998-2000