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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-618 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 RESOLUTION NO.2004/ 61.8 SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) 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 (Right-of-Way Landscaping) 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 WORD.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 ofthe Public Works Director is APPROVED. rY:rm I hereby certify that this is a true and correct copy of an G:\QTData\EngSvc\BO\2004\l 1-30-04\SD 00-08149 BOA I L.doc action taken and entered on the minutes of the Board of OriginaContact., Public Works(ES236 Super-visors on the date shown. C©ntact. Teri Ric(313-2363) cc: Public Works-T.Bell,Construction ATTESTED; NOVEMBER 30, 2004Current Planning,Community Development T-rune 19,2005 JOHN SWEETEN' Clerk of the Board of Supervisors and Windernere BLC Land Company Attn:Brian Olin County Administrator 3130 Crow Canyon Place,Suite#310 San Ramon CA 94581 Tae American Insurance CorTany .Attn:Kristin A.Gazzoli 777 San Marin Drive By— Deputy Novato,CA 94998-2000 RESOLUTION NO.2004/ 618 CONTRA COSTA COUNTY RIGHT-OF-WAY LANDSCAPE AGREEMENT EXTENSION Development Number: Subdivision. 8149 � Developer: Windenaere BLC Laud Co.,LLC Original Agreement Date. April 9,2002 Second Extension New Termination Date: August 19,2005 Improvement Security Surety: The American insurance,Co. Bond No.(Date): 1112750 7793(February 27,2002) Security Tyne Sccuriry Amount Cash: S 1,300.00(1% cash,52,000 Min.) ,Bond: S 128,700.00(Performance) S 65,000.00 (Labor&t Material) The Developer and the Surety desire thts Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree dwreto and acknowledge same. Dated: Dated. September 14, 2004 See attached signature gage FOR CONTRA COSTA COUNT Developces Signature(s) Maunce M.Shiu,Public W rks 11reckr A-, By: -AA46:4-A6Pnnted See attached. signature_page Developer's Stg,naturc(s) RECON4NtENDED Fs L V Ln- BY Pruned (agginee 'ngiyision) 25 Enterprise Aliso Viejo, CA 92656 Address THE AMERICAN INSURANCE CUMPANY (IVt3TE. Developer's, Surery`s and financial Surety or Financial Institution Insrzturion's Signatures must be 2Varar zed.) 777 San Marin Drive Novato, CA 94998-2000 Address ether Amer®,*f Reauro to Clerk ufttt ¢card Anome in Facts siiat '.e Kristin A. Gazzt- i- Ptinted WINDEMERE BLC LAND COMPANY,LLC.,a California Iimited 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 President By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Ora On September 14, 2004 before me, Gina 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. a r DINA PPiNTY C #1453610 4 M1 y Noiary Put3ic-California `yf Orange county tv 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 —Vice President Lennar Homes of California Inc. Dee Baker_ Assistant. Secreta!y Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Right-of-Way-Landscape Agreement Extension for Surely Band No. 1112750 7793 Number of Pages: Two (2) Gate of Document: September 14, 2004 Signers (other than those named above): Kristin A. Gazzoli State of California County of Marin } ss. 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my band and official seal. SIGNATURE (seal) Brenda Dickson �. BRENDA J.DICKSON COMM.#1318692 NOTARY PuGuC-CAUFORMA My Comm Exp4ras Augur:17„M`� FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION ` EIE AMERICAN INSURANCE COMPANY AMERICAN AU'T`OMOBILE INSURANCE COMPANY GENERAL POWER.OF ATTORNEY KNOW ALL MEN BY THESE PRESENT'S: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,TIME AMERICAN 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 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 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)-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_ "Phis 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 muting 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 seat shall be valid and binding upon the Companies." IN WPINESS WHEREOF,the Companies have caused these presents to be si ed by their Vice-President,and their corporate seals to be hereunto affixed this 1.7 _ day of March 200 3 y yrrr �K st s �.Y* t FIREMAN'S FUND INSURANCE COMPANY � � .�•_'':.''�¢�� �`,, .y,ad � *��_.��� NATIONALS 0T2PORATIC)N • THE AMERICAN INS CE COMPANY ASSOCIATED IND CORPORATION `q�xc r,►t rr " AMERICAN AUTOMOBILE INS CE COMPANY STATE OF CALIFORNIA SS. By COUNTY OF MARIN Vice-Pitsid&ft On this 17 day of March , 2 U 0 3 ,before me personally came Harold R. _Marsh to the known,who,being by rue duty sworn,did depose and say:that tie 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 scat,the.day and year herein first above written, BRENDA J.DICKS ON COMM.#1318092 NOTARY PUSUC-CALIFORNIA MARIN COUNTY d My C57C.0xpirMtluqw6t 17,SOS'i ,.ry -k . 10 STATE OF CALIFORNIA SS. CERTIFICATE N is COUNTY OF MARIN 1, 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 VIl 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 scaled at the County of Marin. Dated the day of ,6 r;!k"G, �t s PTA*roZZ Resident Assistant S=ctary TO: BOARD OF SUPERVISORS FROM: NLAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: November 30, 2004 SUBJECT: Approving the Second Extension of the Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 00-08149. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20041 618 for Subdivision 00-08149,approving the second extension ofthe Subdivision Agreement (Right-of-Way Landscaping) 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(Right-of-Way Landscaping)has expired,therefore the developer is requesting a second agreement extension. CONSEQUENCES OF NEGATIVE ACTION: With the agreement expired, the developer Will not be able to complete the landscape improvements as per the original Subdivision Agreement (Right-of-Way Landscaping). Continued on Attachment: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE ,A-PPROVE OTHER SIGNATURE( • 4 ACTION OF I30ON N(`}VF;NBFi2_ CL, 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, 2044 JY:rm JOHN SWEETEN, Clerk of the Board of G:«rppData'EngSve�OUW44 I1-30.",SD00.08149 OrderL.aoc Supervisors and County Administrator Orig.Div: Public Works(M Contact; Teri Elie(313.2363) cc: Public Works—T.Bell,Construction Current Flaming,Community Development T—June 19,2005 WirdemereBLCLand Company BY .._..., Deputy Atm:Brian Olin 3130Crow Canyon PNce,Suite#310 Salt Ranwn,CA 99383 The American Insur,.aice Company Alin Kristin A.Gaaxa'r. 777 San Marian Drive Novs:o.CA 94998-2000