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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-565 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,'Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None ' ESOI.IJ'Tli�l'�T l�Oti Z4Q�#' '� , SUBJECT: Approving the Road Improvement Agreement for Windemere Parkway Offsite improvements, RA 05-01198 '(cross-reference Subdivision 03-08510), being developed by,. Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for Windemere Offsite Power Pole Undergrounding, road acceptance file RA 05-01198 (cross-reference Subdivision 03-08510) property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement,within two years from the date of said°'agreement.Improvements generally consist of road improvements. Said document was accompanied by security to ,guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: 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 Originator: Public Works(Es) on the date shown. Contact: Teri Rie(313-2363) BB;rrn G:1GrpData\EngSvcd30\2005\09-131RA05-01198 BO-15.doc --- j cc: Public works-T.Bell,Construction ATTESTED: �i�fe"'✓w-�J6 r,7✓ /0 `� Current Planning,community Development JOHN SWEETEN Clerk of the Board of Supervisors and T--July 13,2007_ a Windemere BLC Land Company,LLC County Administrator 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Greg Pomi Arch insurance Company 135 N Los Robles Ave.#825 By ,Deputy Pasadena,CA 91.101 A&4Set___ Ann:Rhonda C.Abel RESOLUTION NO.2005/ SUBJECT: Approving the Road Improvement Agreement'for Windemere Parkway Offsite improvements,RA 05-01198 (cross-reference'Subdivision 03-08510),being developed by Windemere BLC Land Company, LLC; San Ramon(Dougherty Valley)area. (District III) DATE: September 13 2005 PAGE: 2 1. Cash Bund Performance Amount: $11,000.00 Auditor's Deposit Permit No. DP 448563 Date: July 25, 2005 Submitted by Windemere BLC Land Company, LLC Taxpayer identification number: 94-3291516 H. Surety Band Bond Company: Arch Insurance Company Bond Number and Date: SU5015794 July 11,2005 Performance Amount: $124,000.00 Labor&Materials Amount: $67,500.00 Principal: Windemere BLC Land Company,LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. ROAD IMPROVEMENT AGRLEMENT Developer: RA 05-01198(cross-ref SUB 85101 Effeetive Date:' ! Development: Windemere BLC Land Companv.LL Completion Period. 2 year Road: Windermere Offsite Power Pole Under oar unding WINDEMERE BIC LAND COMPANY,LLC A California limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC, A Delaware limited liability company CONTILA COSTA COUNTY ;, IJEV�EI�O�P_EK ' Managing Member M.Shia,Public'Works Director By:Lennar Homes of Califomia,Inc., ging Member A Z A azz By: d (signature). RECOMMBNI3E VAL (print name&titl 'Pa .Menaker,'Asst. Se retary OR APPROU By: (signature) t 7 Engineering Sc s4D1i1o,4 (print name'&title)bon Larson,Vice President FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be aclmowtedged. If Subdivider is incorporated,signatum must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Countu."and the above:mentioned Dt:velotxr, mutually promise and agree as follows concerning this development: 2. [MPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage'improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in theimprovementpians fmthis development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuantto the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 11,000.00 cash,plus additional security,in the amount of$ 124.000.00 which together total one hundred percent(100"/.)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. X Acceptable corporate surety bond Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance B. For l'avment: Security in the amountof$ 67.500.00 ,whieh is fifty percent(50°/e.)of theestimated cost of the work. Such securityis presented in the form of Cash,certified;check,or cashier's check X- Acceptable corporate surety bond: Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.'Upon acceptanceofthe work as complete by the Board ofSupervisots and upon request ofthe Developer,the amountsecurities may be reduced in accordance with 544.4.406 and S94-4.408 of the Ordinance Code: 4. tiUAiLANTEF AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shalt perform satisfactorily for a period of one year from and after the Board of Supervisors accepts the work as complete in accordancewith Article 964.6,"Acceptance, of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee'period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this,agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Departmentto be necessary to insure establishment of plants.:Said plant establishment work shall beperformed for a period of one-year from and after the Board of Supervisors accepts the work as complete: 6. IMPROVEMENT PLAN WARRANTY. Developerwarrants the improvement plans for die work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. if,at any time before the Hoard of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised.. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agentar employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped'from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harm ess and indemnify the indemnitees from the liabilities as defined in this sedd6n: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedlysuffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims: C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section not conditioned or dependent on whether or not any Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any indemnity. 9. COSTS: Developer shall"pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 14. NON-PERFORMANCE AND CUSTS:If Developer fails to complete thework within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to. engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taker by County to complete or maintain the work,Developer agrees to pay ail costs incurred by the County,even if Developersubsequettly completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the:work.Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. 1NCORP(7RAIL ON/ANNEXATION. If;. before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a.city or is annexed to an existing city,the County's rights under"agreement and/or anydeposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof (Check applicable section(s)) County shall allow Developer to obtain building permits for said development assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements;are complete. i Other(requires County Counsel approval RL-kw \1PWS4\SHARDATA\GrpDatatEngsve'Fonm\AG wORMAG-24.doc Rev.April 6.2000 -. .r..-11 M.. :::..........:�.r.:�s.r...e.:..... -..,,,,a,:;s::=::aaere::::,::.;:a:...:............a;:s..::::;.ss::::::W.:;.�:�.::.: ..... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa' On July 12, 2005 before me,Karen L. Keenan,Notary Public,personally appeared Don Larson&Paul J. Menaker 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 capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. Cornrnmon#1378827 Notary Put iC CdNorrNo Signature of Not Public Contra costa county My Comm.Expkes Oct 7.'2