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Home My WebLink AboutMINUTES - 09132005 - C22 TO: BOARD OF SUPERVISORS 00 /7z FROM: M.AURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 13, 2005 SUBJECT: Approving the Road Improvement Agreement for Windemere Parkway Offsite improvements., RA OS-01198 (cross-reference Subdivision 03-085 10), San Ramon(Dougherty Valley) area. (District IH) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/N6(*6 for RA OS-01198 (cross-reference Subdivision 03-085 10), approving the Road Improvement Agreement for Windemere Parkway Offsite improvements, for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District I111) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): RA OS-01198 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding road improvements. CONSEQUENCES OF NEGATIVE ACTION: The Road Improvement Agreement will not be approved. Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTiUTOR RECOMMENDATION OF BOARD COMMITTEE L....-"PROVE OTHER SIGNATURE(S): ACTION OF BOOD ON APPROVED AS RECOMMENDED_�OTHER 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 on the VOTE OF SUPERVISORS � date shown. UNANIMOUS(ABSENT Na 7"J40000 AYES: NOES: ABSENT: ABSTAIN: ATTESTED. S o G�G r Originator. Public Works(ES) JOHN SWEETEIq, Clerk of the Board of Contact: Teri Rie(313-2363) Supervisors and County Administrator BB:rm G:\GtpData\EngSvc\B0\2005\09-13\RA 05-01198 BO-15.doc cc: Public Works-T.Bell,Construction Current Planning,Community Development T—July 13,2007 Windemere BLC Land Company,LLC By ,Deputy 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Greg Pomi Arch Insurance Company 135 N Los Robles Ave.#825 Pasadena,CA 91101 Attn:Rhonda C.Abel 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. 2005/ SUBJECT: Approving the Road Improvement Agreement for Windemere Parkway Offsite improvements, RA OS-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 OS-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 worms(Es) on the date shown. Contact: Teri Rie(313-2363) BB:rm G:\GrpData\EngSvc\B0\2005W9-13\RA 05-01198 BO-15.doc ATTESTED: �'Qi0/G�b G 7r /% aZdol�� cc: Public Works-T.Bell,Construction e Current Planning,Community Development JOHN SWEETEN, Cletr -rk of the Board of Supervisors and T—July 13,2007 Windenjere 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 Pasadena,CA 91101 By ,Deputy Attn:Rhonda C.Abel RESOLUTION NO.2005/ �� 9 1 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, LLQ, San Ramon(Dougherty Valley) area. (District 111) DATE: September 13, 2005 PAGE: 2 I. Cash Bond 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 Bond 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 A ENT Developer. RA 05-01198(cross-ref SUB 85 10) Effective Date: Development: Windernere BLC Land Company,LLC Completion Period: 2 year Road: Windenwr■e Offsite■Power Pole Undergrounding WINDEMERE BLC 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 CONTRA COSTA COUNTY DEVELOPER Managing Member Maurice M.Shiu,Public Works Director By:Lennar Homes of California,Inc., NKaging.,Member B y. �, j - (signature} Tn (print name&titlPa Menaker,Asst"Sedretary RECOMMENDEU4. 00R APPROVAL B !� � y: (signature} Engineering Se Iston (print name&title}Don Larson,Vice President 'v FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be aclaiowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code S313.) I I PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Cou and the above-mentioned Developer, mutually promise and agree as follows concerning this devel6pment: 2. EMPROVEMENTS. 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 the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and m* 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. EN4PROVEMENT SECURITY. Upon executing this Agreement the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $■ 113000.00 cash,plus additional security,in the amount of S 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 work m* anship-or matqnials or any unsatisfactory*performance B. For Pa Security in the amount of S 67,500.00 which is fifty percent(50P/o)of the estimated cost of the work. Such security is 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 die or to,the Developer.Upon acceptancie of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK- Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors-accepts the work as complete in accordance with Article 96-4.6,"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. 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, 'I AreKAREN L. KEENAN I Coffwy*Won# 1378827 .4 rf Notary Pubic -CcAfOff-40 7" Contra Costa CountYtaq� Signature of NoPublic hAy Comm,Expires Oct 7.