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HomeMy WebLinkAboutMINUTES - 07252006 - C.10 C 6E L 0 TO: BOARD OF SUPERVISORS =- L_==° Contra 0. FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR Costa DATE: July 25, 2006 -rA - County covxrt I SUBJECT: Approving the Road Improvement Agreement for Windemere Phase III Access Roads/Trails,Road Acceptance 04-01165 (cross-reference Subdivision 03-08508), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/w, /for Road Acceptance 04-01165 (cross-reference Subdivision 03-08508), approving the Road Improvement Agreement, 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): Road Acceptance 04-01165 (cross-reference Subdivision 03-08508) 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: � E; L _L/-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE :;/APPROVE OTHER SIGNATURE (S): ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VO'Ti�OF SUPERVISORS ./� I hereby certify that this is a true and correct I/ UNANIMOUS(ABSENT �/Q7�'C�� ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. Originator: Public Works(ES) Contact: T.Ric(313-2363) ATTESTED: EH:vz G:\EngSvc\BO\2006\07-25\RA 04-01165 BO-15.doe JOHN CULLS , Cl of"oard cc: Public Works- Construction Current Planning,Community Development Supervisors and County Administrator T—May 18,2008 Windermere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Cathy Taylor Fidelity and Deposit Company of Maryland By , Deputy 801 North Brand Blvd,Penthouse Suite Glendale,CA 91203 Attn:Patricia H.Brebner THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 25. 2006. by the following,vote: AYES: Uilkema,Piepho,DeSanlnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Road Improvement Agreement for Windemere Phase III Access Roads/Trails, Road Acceptance 04-01165 (cross-reference Subdivision 03-08508), for project 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 Phase III Access Roads/Trails road acceptance file Road Acceptance 04-01165 (cross-reference Subdivision 03- 08508) 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 maintenance access road and aggregate trail construction. 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: Originator: Public Works(ES) Contact: T.Rie(313-2363) I hereby certify that this is a true and correct copy of an action EH:vz G:\EngSvc\BO\2006\07-25\RA 04-01165 B&I5.doc taken and entered on the minutes of the Board of Supervisors cc: Public Works- Construction Current Planning,Community Development on the date shown. T—May 18,2008 Windermere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 ATTESTED: San Ramon,CA 94583 Attn:Cathy Taylor JOHN CULLEN, erk o0he Board of Supervisors and Fidelity and Deposit Company of Maryland 801 North Brand Blvd,Penthouse Suite County Administrator Glendale,CA 91203 Attn:Patricia H.Brebner By- ,Depute' RESOLUTION NO.2006/ r_O SUBJECT: Approving the Road Improvement Agreement for Windemere Phase III Access Roads/Trails, Road Acceptance 04-01165 (cross-reference Subdivision 03- 08508), for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: July 25, 2006 PAGE: 2 I. Cash Bond Performance Amount: $6,900.00 Auditor's Deposit Permit No. DP 438588 Date: January 31, 2005 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-3291516 H. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 087 453 42 January 14, 2005 Performance Amount: $679,100.00 Labor&Materials Amount: $343,000.00 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. RESOLUTION NO. 20061 ROAD IMPROVEMENT AGREEMENT �J Developer: Windemere BLC Land Company,LLC Effective Date: Development: RA 1165(Cross Ref.SUB 8508) Completion Period: 2 ,Xyear WINDEMERE BLC LAND COMPANY,LLC Road: Windemere Phase III Access Roads/Trails A California limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: LEN-OBS Windemere,LLC, A Delaware limited liability company Managing Member CONTRA COSTA COUNTY DEVELOPER By:Lennar Homes of California,Inc., Maurice M. Shiu,Public Works Director Managing Member a ` LW� By: � � (signatu !.l (print n me& e) nn chim,Vice Pre ' ent RECOMMENDED FOR APPROVAL By: i. (signature) Engineerin S i s ry ion (print name&title)Pa I J. n er,Asst.Secretary FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. IfSubdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313:) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun "and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. 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 in 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. IMPROVEMENT 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: $ 6,900.00 cash,plus additional security,in the amount of$ 679.100.00 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 workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 343,000.00 which is fifty percent(50%)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 them or to the Developer.Upon acceptance 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 S94-4.408 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 0 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 0,n&:>TM 0o<'TI; On-SA"VRC4 1 .070 before me, P112E1�L.Y1EE(V(�V ��pTAQ.` �vl�y C , Date t W)nd Title of Officer((a d"Jane Doe,Notary Public") personally appeared " ENR "E-1Z , Names)of Signer(s) V personally known to me ❑ 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 KAREN L. KEENAN acknowledged to me that 4,e,'she/they executed Commission A 1378827 the same in hosither/their authorized .d Notary Public -Cofomlo capacity(ies), and that by hisfher/their ,, Contra Costo County signature(s)on the instrument the person(s), or s My Comm.Expires Oct 7,2006 -- the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand Vic. s al. t Si nature of Noly Public 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 form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: IVICUI ❑ Individual Top of thumb here ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: c ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 s COUNTY OF'CONTRA WSTA " Rf � DEPOSIt v, *MIT FF10E.OF COiJNTY AlfD1TQR-CONTROLLER - „ MARTINUXALIFORNIA HE_TREASURER , EIVEf?Fdy ROM , JJIZATIONNUMBER t ) < A t, xAV �ry For 6ash,Colle2tion,Procedures see County`Adrrrinistrator's Bulletin 105:) SUB DESCRIPTIQN PUNDJORG g (1 `AGCT TASK OPTION ACTIVITY AMOUNT h $ : hZ 30 s I wl- . : —� ` '� ' 160 _rwli�oil � 60 — 'L,;j i t ria;, -a la� r 1(1,55,IAL26 i 6 � t ,. .� 1. e f x f Y h } EXPLANATION TOTAL.. DEPOSITq2&24 nit consists of the following iterhs cQ1Nand CURRENCY $ . ' ' � �� �w� �� `CHECKS MO,ETC. $ ^ t1( tQr - BANK DEPOSITS $ / F( .4UDIT©R-CCMtTROLLER USE'ONLY .3r ,t t >` C t • DEPOSIT. PERMIT D, f NUMBER t7 DATE T ASSIGNED TMO The amount of money descnbed above is#or, Treaeuret ceip of above amountis'approved ,Receiptof above amount is heraeby y osit'anto the County Treasury " acknowledged. Si df '' u�Date" t Illy Signed: Signed: ' fXT.W .f Deputy County Auditor" " Deputyaunty Treasurer. -34 REV.(7-93). �A le� r /819800-0800: G1159863, $6,900.00, RA 1165, Performance Cash Bond, ndemere BLC Land Company, LLC, 6121 Bollinger Canyon Road #500, San on, CA 97583 819800-0800: 61159864, $5,200.00, RA 1166, Performance Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Road #500, San Ramon, CA 97583 0649-9665 / 831000: 61159850, $55,560.00, RA1174, Road Acceptance Review Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Road #500, San Ramon, CA 97583 0649-9665 / 831000: G1159860, $40,480.00, , Sub 8928, Major Sub Improvement Plan Review Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Road #500, San Ramon, CA 97583 0649-9665 / 831000: G1159861, $44,840.00, , Sub 8929, Major Sub Improvement Plan Review Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Road #500, San Ramon, CA 97583 0649-9665 / 831000: G1159862, $7,020.00, D00049', Drainage Acceptance Review Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Road #500, San Ramon, CA 97583 0649-9665 / 831000: G1159865, $53,953.57, RA4159, Road Acceptance a e Review, Shapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: G1159866, $64,191 .23, Sub 8943, Major Improvements Plan Review, 5hapell Industries of Northern California, 100 N. Milpitas Blvd., Milpitas, CA 95035 Executed in Duplicate Bond No.: 08745342 Development: RA 1165 (Cross Ref SUB 8505) Premium: $4,754.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1• RECITAL OF Rom) IMPROVEMENT AG"EMEN : The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along R_a 1165 to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. 08LYGA'TtON: Windemere BLC Land Company L.L.C. ,asPrincipal and Fidelity and Deposit Company of Maryland a corporation organized under the laws of the State of Maryland , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. performance: Six Hundred Seventy Nine Thousand One Hundred and 00/100 Dollars ($ 679 100.00 1 for itself or any city assignee under the above County Road ,frnprovement Agreement, plus B. Payment: Three Hundred Forty Three Thousand and 00/100 Dollars ($ 343,000.00 1 to secure the claims to which reference is made in Title 15 § et seq. of the Civil Code of the State of California. 3. CONDITION: f tAL /T`4e Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs, executors, administrators,successors or assigns,shall in all things stand to and 'f a414€by and well and truly keep and perform the covenants, conditions and provisions in the said �' aeement and any alteration thereof made as therein provided on it or its pan, to be kept and r�ormed at the time and in the manner therein specified and in all respects according to their true . intent and mean ng and shall indemnify and save harmless The County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force,and effect CALIFORNIA ALL-PUSSE ACKNOWLEDGEMENT State of California County of Orange On January 18, 2005 before me, Dina Prints, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. 4 _ DINA PrINTY I ` Commission 453610 k�A Notary Public -California 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: Corporate Officer—Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 08745342 Number of Pages: Two 2 Date of Document: January 14, 2005 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE AGMWOWLEDGMENT No.5907 • State of California County of Orange On January 14 2005 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner 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 ASHLEY K.WARD signature(s) on the instrument the person(s), or the entity upon Commission# 1483685 behalf of which the person(s) acted, executed the instrument. z0my Notary Public-California p ( ) Z orange County Comm.Expires Apr 16,2008 WITNESS my hand and official seal. SIGNATURE OF 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 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 ©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 VI, Section 2,of the By-Laws of said Company,w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and appoint Patricia H.BREBNER,of Irvine,California, its true and law d e t,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act al B takings and the execution of such bonds or undertakings in pursuan o ,s on said Company,as fully and amply,to all intents and purposes,as if t xe t ged by the regularly elected officers of the Company at its office in Ba ' rj eir r This power of attorney revokes that issued on behalf of Patricia H , Se e The said Assistant c o t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- c any,and is now in force. IN WITNESS W 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 4th day of February, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DfPps�f f0 P W �) By: T.E. Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland1 Ss: City of Baltimore f On this 4th day of February, 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. �i "Al- jj�_- WW-*-r Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025M r ZURICH !S IMPORTANT DISCLOSURE NOT PAD YO OND )Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American J8uranee Company, and American Ouarantee and Liability insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. pieclos+gfe of TerTm ism Premlurn Thepremium charge for risk of loss resulting from sots of terrorism(as defined in the Act)under this bond is waived. This amount is reflected in the total premium for this bond. Risclosu+ra of Avallabfiity oh Coygrarre f,�orTerrorism i&n-i s As required by the Terrorism tusk insurance Act of 2002,we have made available to you coverage for losses resulting avm eats of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising horn events other than acts of terrorism. pisclosure of Federal Short of IasuranceSgnasav's Tgf#'QrismJLo saes 1%e Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share iQ k&agaace company losses resulting from acts of terrorism(as defined in the Act)after a insuamoe company has paid 10SM in excess of an annual aggregate dedaodble. For 2002,the inswwoe company deductible is t'/e of direct earned pt+erahtm in the prior year;for 2003,7°/s,of direct earned premium in the prior year,for 2004, 10%of direct earned ps+saniuua in the prior year;and for 2005. 1S%of direct earned premium in the prior year. The federal share of an hwas ce compaay's losses above its deductNe is 90%.In the event the United States government participates in Bosses,the United States government may direct insurance companies to collect a terrorism surcharge from pplioyholdets. The Act door,not currently provide for insurance industry or United States government participation in %nodes,losses that exceed g 1 oo billion in any one calendar year. 12e111n1Non of Act of Terrorism Us Terrorism Risk insurance Aot definer,"act of terrorise,"as any act that is certified by the Secretary of the Treasury, itt owmn uo with the Secretary of State and the Attorney General of the United States- 1. to be an trot of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or inftastruature; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air oarrier (as defined in section 40102 of title 49,United 17 States Code)or a Unified States ling vessel(or a vessel based principally in the United States,on which United States inoome tax is paid and:whose insuranoe coverage Is subject to regulation in the United States),or the premises of a United States Whdon;and 4. to have been committed by an individual or individuals,acting on behalf of any fbr4p person or foreign interest as part of art effort to coerce du civilian population,of the United Sates or to istfluence the policy or affm the conduct of the,Vatted States Qovernment by W.Mon. M4 no act sbali be certified by the Secretary as an act of terrorism If the act is committed as part of the course of a war dechrad by Congms(except for workers'compensation)or property and casualty insurance losses resulting ftm the apt,in the aggregate,do not exceed$5,0001000, Tbm ftelosum are laformational only and do not ptodify your bond or affect your rights under the board. Copyright Zurich Amnim Inu mee c)onTOY 2003