Loading...
HomeMy WebLinkAboutMINUTES - 09132005 - C8 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: September 13, 2005 SUBJECT: Accepting completion of improvements,DP 03-03037 (cross-reference Subdivision 95-07976), San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/45/ for DP 03-03037 (cross-reference Subdivision 95-07976), accepting completion of improvements, 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 subdivision improvements per the Subdivision 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: ✓FFECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE .,eEXPPROVE OTHER SIGNATURES ACTION OF BO ON �G�,v��G�I�i APPROVED AS RECOMMENDED >V_OTHER VOTE OF SUPERVISORS �C UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct LT:rm copy of an action taken and entered on the G:\GrpData\FngSvc\B0\2005\09-13\DP 03-03037 BO-45 DV.doc Originator: Public Works(FS) minutes of the Board of Supervisors on the Contact:Teri Rie(313-2363) date shown. I.D.94-3291516 cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. C.Moe s,Engineering Svc. ATTESTED: -T.—July 13,2006 Sheriff-Patrol Div.Commander JOHN SWEETEN, Clerk of the Board of CHP,c%Al csAA-cog Supervisors and County Administrator Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 By ,Deputy Attn:Brian Olin The Continental Insurance Company 2600 Lucien Way,Ste 130 Maitland,FL 32751 Attn:Patricia H.Brebner CONTRA COSTA Ca Recorder Office Recorded at the request of: STEPHEN L. WEIR Clerk-Recorder Contra Costa County DOC� 2000�035'j 098�00 Board of Supervisors Return to: Wednesday, SEP 14, 2005 15:15:26 Public Works Department FRE $4).@@ Engineering Services Division Tt I Pd $0,00 Nbrm@@02898293 Irc/RS/1=10 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: Accepting completion of improvements,DP 03-03037(c_ross'-re_f&r_ence Subdivision 95-07976), San Ramon(Dougherty Valley) area. (District IR) These improvements are approximately located near Watennill Road and Bollinger Canyon Road. The Public Works Director has notified this Board that the improvements in DP 03-03037 (cross-reference Subdivision 95-07976) have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT:rm G:\GrpData\EngSvc\B0\2005\09-13\DP 03-03037 B045 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of Contact:Teri Rie(313-2363) an action taken and entered on the minutes of the Recording to be completed by COB I.D.943291516 Board of Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. -C.Motu,Engineering Svc. ATTESTED: r ��'i �dS'' -T.—July 13,2006 Sheriff-Patrol Div.Commander JOHN SWEETE&, Clerk of the Board' of CHP,c%AI csAA-cog Supervisors and County Administrator Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 By ,Deputy Atte:Brian Olin The Continental Insurance Company 2600 Lucien Way,Ste 130 Maitland,FL 32751 Atte:Patricia H.Brebner RESOLUTION NO.2005/ ��� SUBJECT: Accepting completion of improvements,DP 03-03037(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 SURETY June 15,, 2004 The Continental Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,352,650.00, Bond No.929 322 963 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 Community Center and Library site improvements are ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the Community Center Building, Library Center Building, and site improvements on the Community Center and Library parcels for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. The Contra Costa County Building Inspection Department has issued an occupancy permit which allows the Community Center and Library buildings to be accepted by the City of San Ramon for their use. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $27,050.00 cash deposit (Auditor's Deposit Permit No. 420937, dated March 11, 2004) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $401,740.00, Bond No. 929322963 issued by The Continental Insurance Company 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. �Di� 03 -.3�3� BOND NO.,-929322263 RIDER To be attached to and form a part of Bond No. 929322963 executed by WINDEMERE BLC LAND COMPANY,LLC as Principal and by THE CONTINENTAL INSURANCE COMPANY as Surety, in favor of COUNTY OF CONTRA COSTA and 'effective as of February 27,2004 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Performance bond amount: FROM: $296789250.00 TO: $401,740.00 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 6th day of July--. 2005 Signed and sealed this 6th day of July 2005 WINDEMERE BLC LAND COMPANY,LLC Principal BY: (See attached signature page) THE CONTINENTAL INSURANCE COMPANY rety B *Accepted: PULVy-in-Fact rme Rhonda C. Abel COUNTY OF CONTRA C Obligee BY: 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 B . 111111111U00*L I Lawrence H.Thompson, ice President By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July T 2005 before me, Dina Printy, Notary Public, personally appeared -Lawrence H. Thompson and Dee Baker, 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# 1463610 will Notary Public-California Orange County MV Comm.Expires Nov 28,,20071 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: Lawrence H. Thompson—Vice President Lennar Homes of California, Inc, 1 Dee Baker-Assistant. Secretary Lennar Homes of California, Inc., DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Eider for Surely Bond No. 929322963 Number of Pages: "One (1) - Date of Document: July 6, 2005 Signers (other than those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 6, 2005 before me, G.L.Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC personally appeared Rhonda C. Abel 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. 10 A G. L. REZA Cq 0 COMM. #1395003 2 • NOTARY PUBLIC-CALIFORNIA $: ORANGE COUNTY WITNESS my ha and official seal. My CoMm.Exp,Jan. 21, 2007 d official NAT 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 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 O 1993 NATIONAL NOTARY ASSOCIATION*8236 Remmet Ave.,P.O.Box 7184*Canoga Park,CA 91309-7184 e POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark, New Jersey,a New Jersey corporation(herein called"the CIC Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Mike Parizino, Linda Enright, Rhonda C.Abel,James A. Schaller,Jane Kepner, Nanette Marielia-M ers,Patricia H. Brebner,Alexis H. Bryan, Leigh McDonough, Individual) of Irvine,California their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature ---In Unlimited Amounts--- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 2nd day of April,2002. •... •• 4�1►•• '• ;• NNW Y _ The Continental Insurance Company Z ,oa _; _ " Firemen's Insurance Company of Newark,New Jersey •r" NMI n►• s i i.� .. DO 1 State of Illinois,County of Cook,ss: Michael Gengler Group Vice President On this 2nd day of April,2002, before me personally carne Michael Gengler to me known,who,being by me duly sworn,did depose and say.that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of The Continental Insurance Company, a New Hampshire corporation,and Firemen's Insurance Company of Newark, New Jersey,-a New Jersey corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL" 'c DIANE FAULKNER Notary Public,State of Illinois001, My Commission Expires 9/17/05 + My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE I,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 6th da of y Jul- , 2005 �•■••••.••• WMwir N c•: ':� The Continental Insuran e TIMMY c Company --�r �� • AM: •_ Firemen's Insurance Company of Newark,New Jersey • 06 s• i • _ s' • •.� STATfiC&v_ :;i• i ��� • •`•0•..•••' Mary A. Ribikawskis Assistant Secretary (Rev. 10111/01) fi AuthorizingBywl.awsand Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached.91) ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written consent dated the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds, undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In accor.dance with. the Terror�is�,n Risk In�urance Act of 2002, m we apra�+diugthis i di.scloeure notice for bonds and certain insurance policies on which one or more of the Writing Companies 'Identified below its the surety or insurer. TO Principals on bonds and insureds on certain 'insurance policies wntten by any one # or more of the0 following comp (collectivelythe "'W'�i-i,tuag Compawes") as surety or injurer:, WesternSurety Company, Universal Surety of America, Surety bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firexnen'sImurance Company of Newark, NJ, and The Contm" ental Insurance Company. DMCLt)6qjjj&jE-QIE-PREM11 The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). D18QLQSURE....QE.FEj2EFL",PARTICIEMON IN PAYMNI OF T.FtjRRORj69M-. LOSSES. The United States Will pay ninety percent (90°!0) of covered terrorism losses exceeding the applicable surety/insurer deductible.