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Home My WebLink AboutMINUTES - 09132005 - C7 TO: BOARD OF SUPERVISORS 0d7 FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 13, 2005 SUBJECT: Accepting completion of improvements for DA 03-00019 (cross-reference Subdivision 03- 08508), San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20051-11MO for DA 03-00 01 9 (cross-reference Subdivision 03-08508), accepting completion of improvements for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District 111) 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: _/RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE r4CPPROVE OTHER (::7 1111 9- 4ze� SIGNATURE(S): ACTION OF BO ON e0 M y .�O APPROVED AS RECOMMENDED 10, 'C OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT /Vo�t.� copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. sB:rm G:\GrpData\EngSvc\B0\200.509-13\DA 03-00019 BO-45.doc Originator: Public Works(ES) ��Aa Contact: Teri Rie(313-2363) ATTE. .94-32915(6 �STED: i cc: Public Works -T.Bell,construction Div. JOHN SWEETEN, Clerk of the Board of -M.Valdez,M&T Lab -H.Finch,Maintenance Div. Supervisors and County Administrator -I.Bergeron,Mapping Div. T.Rie,Engineering Svc. -T.—June 16,2006 Sheriff-Patrol Div.Commander CHP,c%Al csA.d,-cog By ,Deputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ranson,CA 94583 Atte:Brian Olin Fidelity and Deposit Company of Maryland 225 S.Lake Avenue,Ste 700 Pasadena,CA 91101 Atte:Patricia H.Brebner i i i iii ii iii CONTRA COSTA Co Recorder Office STEPHEN L, WEIR C lark-Recorder Recorded at the request of: aOC� 200 '�0351097�00 Contra Costa County Wednesday, SEP 14, 2005 15:15:23 Board of Supervisors FRE $0.00 Return to: Public Works Department Tt I Pd $0100 Nbr-0002898292 Engineering Services Division Irc/R9/1=9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13, 2005,by the following vote: A-YES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES* None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005I��a SUBJECT: Accepting completion of improvements for DA 03-00019 (cross-reference Subdivision 03-08508), San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located north of Bollinger Canyon Road to Japonica Way. The Public Works Director has notified this Board that the improvements in DA 03-00019 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:nn G:\GrpData\EngSvc\BO\2005\09-13\DA 03-00019 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 �r"064F ovoe do 046' -H.Finch,Maintenance Div. ATTESTED: -I.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and -T.Rie,Engineering Svc. -T.—June 16,2006 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAR—Cartog Windemere BLC Land Company,LLC By Deputy 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 225 S.Lake Avenue,,Ste 700 Pasadena,,CA 91101 Attn:Patricia H.Brebner RESOLUTION NO,2005/ �5� SUBJECT: Accepting completion of improvements for DA 03-00019 (cross-reference Subdivision 03-08508), 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 July 8, 2003 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for$233,310.00, Bond No. 0864-1806 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 TT FURTHER RESOLVED that the improvements are ACCEPTED AS COMPLETE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$4,670.00 cash deposit (Auditor's Deposit Permit No. 405704, dated May 22, 2003)made by Windemere BLC Land Company,LLC and the performance/maintenance surety for $69,293.00, Bond No. 08641806 issued by Fidelity and Deposit Company of Maryland be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. The developer will maintain the improvements during the warranty and maintenance period. All deposit permits are on file with the Public Works De artment, /�v3m�it///O�! /l/o • �o oV� vA SURETY RIDER To be attached to and form a part of Bond No. 0864 1806 Type of Bond: Improvement Security Bond for Drainage Improvement Agreement dated effective 05/14/2003 (MONTH-DAY-YEAR) executed by Windemere BLC Land Company,LLC ,as Principal, (PRINCIPAL) and by Fidelity and Deposit Company of Maryland ,as Surety, in favor of County of Contra Costa,California (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Reducing bond amount from: Four Hundred Sixty One Thousand Nine Hundred Fifty and 00/100 Dollars ($461,950.00) To: Sixty Nine Thousand Two Hundred Ninety Three and 00/100 Dollars ($69,293.00) Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 07/05/2005 (MONTH-DAY-YEAR) Signed and Sealed 07/14/2005 (MONTH-DAY-YEAR) Windemere BLC Land Company,LLC (PRINCIPAL) By: (See attached signature page) (PRINCIPAL) Fidelity and Deposit Company of Maryland (SUR ) By: (A N -FACT Jeri Ap daCa S-0443/GE 7/04 FRP • 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: David vans,Vice Presi t Bt y• Cindy Thomps n,Assistant Secreta:6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 18, 2005 before me, Dina P Notary Public, personally appeared David Evans 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 offici I seal. DINA PRINTY I � �•• Commission#1453610 l � . 0; •„.o Notary Public-California IL Orange County My 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. Cindy Thompson - Assistant. Secretary Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 0864 1806 Number of Pages: Two (2) Date of Document: July 14, 2005 Signers (other than those named above):Jeri Apodaca CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 14, 2005 before me, G.L.Rem,Notary Public DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jeri Apodaca 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 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. G L. R EZA 0 COMM, #1395003 NOTARY PUBLIC-CALIFORNIA 0 WITIVaE Srpy d and official seal. ORANGE COUNTY IC MV Giamm.Exp: Jan. 21,2007 AdNATURE OF NOTARY G.L.Reza 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 H GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ 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&8236 Remmet Ave.,P.O.Box 7184*Canoga Park,CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company, set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful a e ac e,execute,seal and deliver,for,and on its behalf as surety,and as its act and dee S and the execution of - such bonds or undertakings in pursuance of these 0 any,as fully and amply,to all intents and purposes,as if they had been aclarly elected officers of the Co any at its office in Baltimore,Md.,in Perso & y revokes that issued on behalf of Jeri APODACA,dated 731 The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- and is now in force.- IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY, OF MARYLAND, this 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 10 OLPO 41b 10111!11 By: T E. Smith Assistant Secretary Paul C Rogers Vice President State of Maryland SS: City of Baltimore I On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 40 1:b 'Tilop Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025) EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as.provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate maybe signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TES'TIlVIONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 14th day of July 2005 Assistant Secretary