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Home My WebLink AboutMINUTES - 09132005 - C19 TO: BOARD OF SUPERVISORS C�/ FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 13, 2005 SUBJECT: Accepting completion of improvements for Limerick Park,PA 02-00006 (cross reference SUB 00-08507), San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/544L for PA 02-00006(cross reference SUB 00-08507),,accepting completion of improvements for Limerick Park, for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer,Windemere BLC Land Company,LLC,has completed the park improvements per the Subdivision (Right-of-Way Landscaping)Agreement, and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the warranty period will not begin. Continued on Attachment:�� SIGNATURE: AA COMMENDATION OF COUNTY ADMIN OR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE ACTION OF BOOD ON&Ciprroo 7W4*7' APPROVED AS RECOMMENDED C OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT /f/4)"C000f ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the BB:rm date shown. G:\GrpData\EngSvc\B0\2005\09-13\PA 02-00006 BO-45 DV.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) I.D.94-3291516 CqA cc: Public Works -T.Bell,Construction Div. ATTESTED: G r I3 -M.Valdez,M&T Lab -H.Finch,Maintenance Div. JOHN SWEETS , Clerk of the Board of -I.Bergeron,Mapping Div. -L.Theis,Engineering Svc. Supervisors and County Administrator T.—July 13,2006 Sheriff-Patrol Div.Commander CHP,c/o Al CSAR—Cartog Chris Low,City of San Ramon By ,Deputy 2222 Camino Ranson,San Ramon,CA 94583IMF Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 Attn:Brian Olin Travelers Casualty and Surety Company of Arica 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Atlas:Patricia H.Brebner CONTRA COSTA Ca Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder Contra Costa County DOC� 2006_0351 106�00 Board of Supervisors Return to: Wednesday, SEP 14, 200515:15:57 Public Works Department FRE $0.4)e Engineering Services Division Tt 1 Pd $6,10 Nbrm@002898301 Irc/RS/1=8 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 RESOLUTION-NO, 2_005/ SUBJECT: Accepting completion of improvements for Limerick Park, PA 02-00006 (cross reference SUB 00-08507), San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway. The Public Works Director has notified this Board that the improvements for PA 02-00006 (cross reference SUB,00-08507)have been completed as provided in the Subdivision(Right-of-Way Landscaping)Agreement with Windemere BLC Land Company,LLC.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. BB:rn, G:\GrpData\EngSvc\B0\2005\09-13\PA 02-00006 BO-45 DV.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab I hereby certify that this is a true and correct copy of an -H.Finch,Maintenance Div. action taken and entered on the minutes of the Board of -I.Bergeron,Mapping Div. -L.Theis,Engineering Svc. Supervisors on the Cate ShOW11. -T.—July 13,2006 Sheriff-Patrol Div.Commander CHP,c%Al ATTESTED:--= CSAA—Cartog JOHN SWEETEN, Clerk of the Board of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 Attn:Brian Olin By ,Deputy Travelers Casualty and Surety Company of America 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Atte:Patricia H.Brebner RESOLUTION NO.2005/ �GoZ SUBJECT: Accepting completion of improvements for Limerick Park, PA 02-00006 (cross reference SUB 00-08507), San Ramon(Dougherty Valley) area. (District III) DATE: September 13, 2005 PAGE: 2 NOW THEREFORE BE I'1'RESOLVED that the improvements have been COMPLETED as of September 13,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Drainage Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY December 9, 2003 Travelers Casualty and Surety Company ofAmen*ca BE IT FURTHER RESOLVED the payment(labor and materials)surety for$558,250.00,Bond No. 104184455 issued by the above surety be RETAINED for the six month lien guarantee period until March 13,2006, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Limerick Park for the hereinafter described park, as shown and dedicated for public use on the Final Map of Subdivision 00-08507, filed October 28, 2003, in Book 457 of Maps at Page 51, Lot 8, Official Records of Contra Costa County, State of California,, are ACCEPTED AS COMPLETE. Park Name APN Number Area(acresl Limerick Park 223-100-049 2.76 AC Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept Limerick Park for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $11,200.00 cash deposit (Auditor's Deposit Permit No. 414398, dated November 5, 2003) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $165,795.00, Bond No. 104184455 issued by Travelers Casualty and Surety Company of America be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. 0 �R�o�wT a 5�sPa.. P iA OW(6 RIDER To be attached to and form part of: Bond Number 104184455 dated 10/24/2003 issued by the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA in the amount of $1,105,300.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of COUNTY OF CONTRA COSTA (Obligee) Now therefore, it is-agreed that in consideration of the premium charged,the attached bond shall be amended as follows: The bond amount shall be amended: FROM: One Million One Hundred Five Thousand Three Hundred and No/100 ($1,105,300.00) TO: One Hundred Sixty Five Thousand Seven Hundred Ninety Five and No/100 ($165,795.00) It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 7th day of July, 2005. Signed, Sealed &Dated this 11th day of August, 2005. 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,I ,a California Corporation,its Managing Member By: David Evans, Vice Pres ' ent TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) By: Rosa E. Rivas, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On August 112005 before me, G.L.Reza, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rosa E.Rivas NAME(S)OF SIGNER(S) personally known to me =OR proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 G. L. R EZA t behalf of which the person(s) acted, executed the instrument. Q , comm,. #1395003 NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Corm,Expl jah; 2-Ij 2007 WITNES y h d seal. Ir 1W SIGN IrEfOF NOTARY 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED L----, GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION 1D 8236 Remmet Ave.,P.O.Box 7184 9 Canoga Park,CA 91309-7184 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMIlVGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella- Myers, Rhonda C. Abel, Stanley C. Lynn,Jane Kepner, Grace Reza, Rosa E. Rivas,Ashley K Ward, of Irvine,California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, n contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance, or conditional.1 undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed iii the office of the Secretary. %.10 VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. 0 A is This Power of Attorney and Certificate of Authority signed and sealed by facsimile (mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-05)Unlimited IN WITNESS WHEREOF, TRAVELERS. CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 21st day of June,2005. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARM"TGTON CASUALTY COMPANY COUNTY OF HARTFORD J�.,tY Arya� 0HARTFO /►Sf,/q�j a HARTFORD < O '1932 O By �• � �`b C0N". George.W. Thompson Senior Vice President On this 21st day of June,2005 before me personally came GEORGE W. THOMPSON tome known,who,beingby me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30,2006 Notary Public Marie C.Tetreault CER'T'IFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth.in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hanford, State of Connecticut. Dated this 11th day of August 3120050 low *gJ��,tY ANp� GASIJq�r WmF6Fta � HARTFORD. � i 1 9 S 2' p � CONN. oBy 4. Nicholas Seminars Senior Vice President