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Home My WebLink AboutMINUTES - 09132005 - C6 TO: BOARD OF SUPERVISORS � FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 13, 2005 SUBJECT: Accepting completion of improvements for Hidden Valley Detention Basin,DA 00-00005 (cross-reference Subdivision 95-07976), San Ramon(Dougherty_Valley) area. (District Ell) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/9 for DA 00-00005 (cross-reference Subdivision 9'1 -07976), accepting completion of improvements for Hidden Valley Detention Basin,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 improvements have been completed in accordance with the Drainage Improvement Agreement. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be accepted and the bonds will not be reduced. Continued on Attachment: ✓ SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE :.11A'PPROVE OTHER SIGNATURES ACTION OF BOA N G m 6y 9&O041045 APPROVED AS RECOMMENDED OTHER VOTE of SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT o»� copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. G:\GrpData\EngSvc\B0\2005\09-13\DA 00-00005 B045.dce Originator: Public Works(ES) � L_ Contact: Teri Rie(313.2363) ATTESTED: � �� I.D.94-3291516 —P cc: Public Works -T.Bell,construction Div. JOHN SWEETEN, Clerk of the Board of -M.Valdez,M&T Lab -H.Finch,Maintenance Div. Supervisors c`111d County Administrator -I.Bergeron,Mapping Div. -T.Rie,Engineering Svc. -T.—July 13,2006 Sheriff-Patrol Div.Commander CHP,c/o AI �A,_�g By ,*g A Deputy Windemero BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 5 Peters Canyon Irvine,CA 92606 iiia iii iii i iii ii ii i ilii iiia ii ii ilii i ilii i ii iii iii CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder Contra Costa County DOC— 2006-0351096-00 Board of Supervisors Wednesday, SEP 14, 2005 15:15:18 Return to: FRE $0.04) Public Works Department Engineering Services Division Tt I Pd $01@@ Nbr-0002898291 I rc/RS/I=8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnierg Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/�'�'9 SUBJECT: Accepting completion of improvements for Hidden Valley Detention Basin,DA 00- 00005 (cross-reference Subdivision 95-07976),San Ramon(Dougherty Valley)area. (District 111) These improvements are approximately located near Albion Road between Harcourt Way and Silva Way. The Public Works Director has notified this Board that the improvements in DA 00-00005 have been completed as provided in the Drainage Improvement Agreement with Windemere BLC, Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. BB:rm G:\GrpData\EngSvc\B0\2005\09-13\DA 00-00005 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.94-3291516 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab <dl ,6 -H.Finch,Maintenance Div. ATTESTED: eo� -I.Bergeron,Mapping Div. -T.Rie,Engineering Svc. JOHN SWEETS"I**f, Clerk of the Board of Supervisors and -T.—July 13,2006 County Administrator Sheriff-Patrol Div.Commander CHP,,c/o Al CSAR—Cartog Windernere BLC Land Company,LLC By Deputy 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 5 Peters Canyon Irvine,,CA 92606 RESOLUTION NO.2005/ SUBJECT: Accepting completion of improvements for Hidden Valley Detention Basin,DA 00- 00005(cross-reference Subdivision 95-07976),San Ramon(Dougherty Valley)area. (District III) DATE. September 13, 2005 PAGE: 2 NOW THEREFORE BE IT 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 Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY January 15, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$539,500-00, Bond No. 11133599354 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 the Hidden Valley Detention Basin is ACCEPTED AS COMPETE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,,and the$10,800.00 cash deposit(Auditor's Deposit Permit No.379205,dated December 241 2001)made by Windemere BLC Land Company,LLC and the performance/maintenance surety bond rider for$160,230.00,Bond Companybe No. 1 1 1 3 99354 issued by The American Insurance 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. ,p �• �� /��So�wYioyj No . '00 Increase or Decrease Bond Penalty Rider Rider to be attached to and form a part of Bond Number 111 3359 9354 dated the 18th day of December , 2001 executed by The American Insurance Company Surety, on behalf of Windemere BLC Land Company, LLC , Principal, and in favor of the County of Contra Costa , Obligee for Development No: DA 0005, Tract 7976. It is understood and agreed that the Bond Penalty is changed: From: One Million Sixty Eight Thousand Two Hundred and NO/100's Dollars ($1,068,200.00) To: One Hundred Sixty Thousand Two Hundred Thirty and NO/100's Dollars ($160,230.00) Effective: July 8, 2005 Provided, however., that the aggregate liability of the Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. The liability of the Principal and the Surety under the Bond and under the Bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the above mentioned Bond other than as stated above. Signed, sealed, and dated this 8th day of July 2005 . PRINCIPAL By; (See attached signature page) The American Insurance Company SURETY B (Seal) Eileen M.Robison ATTORNEY IN FACT 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,INC.,a California Corporation,its Managing Member By G omf,Vice President r By Cindy Thomps n,Assistant 9ecr#y CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 12, 2005 before me, Dina P Notary Public, personally appeared Greg Pomi and Cindy Thompson, 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. DINA PRINTY �"" ` Commission# 1453610 ........................................ --- _ < ��,�. �M' Notary Public-California Orange County 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: Greg Pomi—Vice President Lennar Homes of California. Inc. Cindy Thompson - Assistant. Secretary Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Increase or Decrease Bond Penalty Rider for Surety Bond No. 111 335919354 Number of Pages: Two (2) Date of Document: July 8, 2005 Signers (other than those named above):Eileen M. Robison CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Ss. County of G�� On C-'a-'r'Z-'aL �0'� Pvt.§146*70 before me, ri 4- ni ��. I Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared �-r�t�i �• 1� ��5�.%�''� Narne(s)of Signer(s) �,�.p�rsonally known to me El proved to me on the basis of satisfactory evidence to be the person(,y� whose name($) is/41e subscribed to the within instrument and acknowledged to me that 0/she/tVey executed the same in hA/her/ttAir authorized capacity(io), and that by h�lher/th�ir KRISTIN A.GAZZOLIsl nature( on the instrument theersonor 0 COMM. #1486119 > the entity upon behalf of which the person( Q, 0 NOTARY PUBLIC-CALIFORNIA acted, executed the instrument. MARIN COUNTY 0 My Comm.Expires APRIL 29,2008 WITNESS y hand and official seal. A 10" Place Notary Seal Above Signature of ota Pu is OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this foan to another document. Description of Attached Document /C•c��vTitle or Type of Document: 33 �� ci :3y-y Document Date: Number of Pages: Signer(s)Other Than Named Above:* Capacity(ies) Claimed by Signer Signer's Name: 0 Individual Top of thumb here 0 Corporate Officer—Title(s): 0 Partner—n Limited 0 General O Attorney in Fact 0 Trustee 0 Guardian or Conse or El Other: Signer Is R senting-, 4 �ENSIJRANCrj COMPANY NATIONAL S'UBETf CORPORATION ASSOCIATED-II1TD�EMN11'Y CORPORAnON TSE AMEB.ICAN I11��8ANCE COMPANY AMERICAN AUTOMORM ERSURAN CE CO)HAW GFM, RAL POWM OF ATTORNEY KNOW ALL hiM BY THESE.PRESENTS: That F��EMAAi'S FLNDINS- tTRANC:E COMPANY, a CaEfomia corporation, NATIONAL SURETY CORKRI710N,an Illi c�oaporation,TIS AMER110-ALN INSURANCE COMPANY,a Now Jersey corporation redomesticated in Nebraska, ASSOCL4TED DME194TY CORPORMON, a California corporation. and AMERICAN AUTOMOBII.E INSURANCE -W COUPANY,a lVTssouri corporaon.(hCreMcolawfively called"the Companies")does each herby appoint Eileen M. Robison of Novato, CA their true and lawful Aftomey(s)-in-Fact, with full power of authority hereby conferred in their name, place and shad, to execute, seal,. acknowledge and deliver any and all bonds,undertakings,recognizanoos or offer written obligations in the thereof------------ and b bind tlx Companies Eby as fully and to tine same extent as if such bonds were signed by Praia sealed with the Companies and dnlp�me�ed by d�Comma'Savary,hereby.1�y�g and oo�g all thac the said Atzo °O seals of the �s}-iu-Fact may do in d�c p�ennisa. This power of atbo�nay is granted nada and by the authority of Article VII of the By-laws of each of the Companies which provisions ars now in full,force and e$ect. This power of attarmy is signed and scaled under the authority of the following Resolution adopted by the Board of.Directors of each of the Companies at a mooting duly called and held,or by written oonsent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED., the signadu�of any Vico-President,Assistant Secretary,and Resident Assistant Sa�etary of the and the seri of the Compmfies may be affucod�printod on any power of attarnay,an any revocation of any power Of , or on any c�rtificatc ralatmg thereto,by facsimile.and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signatanre or facsimile seal shall be valid and binding upon the Companies:' IN WITNESS the Companies have causod the presents to be signori by their Vice-President,and their corporate soak to be hereunto af�ucod this 2nd day of_ November .2001 JRs NE FIR]EMAN'S FUND INSURANCE COMPANY "� �O Q .�.•�••••,�`'�i+ t�♦1��` Gip � y 1 ''�_ N AnONAL SURETi CORPORATION O fa 9;Z L --W' *Gftw !sTCOWANY � � •.... c� Mcg w ASSOCLAaU) � RAION AMERICAN AUTOMOBEBN�RA �E COMPANY STATE OF CALIFORNIA COUNTYOFMARIN SS" By Yco-At On 2nd..'day of November 2001 ,before ma personally came Dom R. Kolbeck to known,who,being by me duly sworn,did depose and say. he is a Vice-President of each company,descried is and which executed the above instrument that he knows tl�soak of the said Companies;that the seals affi�cod to the,said instrument are such company seals;that they were so aff�cod by order of the Board of Directors of said companies and that he signori his name thr.reto by hke order. IN WTTNF..SS�itI�RFAF,I have hareunto sot my band and affixed my official seal,the day and year herein first above written. T KRISTIN A GAZZOU D O COMM.*1262236 all, NOTARY PUBLIC-CALIFORNIA UAAARIN CO'JMTY O . My Comm.Expires App'28.2004 •. STATE OF CALWORNIASS.COUNTY OF MARIl�1 CERT�'ICATE I, the undersigned, Resident Assistant Secretary of each company, DO HFREgy CERTIFY that theforegoing 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 Aitoncy,are now in force. Signori and sealed at the County of Marin. Dated the 8th day of July 2005 �Ir�rtr ��►wNs Vogel., 7 Il N%6: Colt • �1r � SEPT.Sti7o �7 � � � . • t t its 6 E A Ldw S= �tGINIP-� '� •s.a• '~ G'r � :gyp �!� �'�� ••.,,..•• 'NCE co`E' '�.+w��o�► 'atcoa. Resident Assistant