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HomeMy WebLinkAboutMINUTES - 08012006 - C.5 � C SEL TO: BOARD OF SUPERVISORS :•=—� �--• Contra � `; FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: August 1, 2006 ss - `COUls'�-- ~, County T'4 SUBJECT: Accepting, completion of landscape improvements for Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 00-08151 (cross-reference Subdivision 95-07976), 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/ for Subdivision 00-08151 (cross-reference Subdivision 95-07976),accepting completion of improvements for Subdivision Agreement(Right-of-Way Landscaping),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 landscape improvements per the Subdivision Agreement(Right-of-Way Landscaping), 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 aintenance/warranty period will not begin. Continued on Attachment:-,--' SIGNATURE: _L,ffECOMMENDATION OF COUNTY ADM OR RECOMMENDATION OF BOARD COMMITTEE ,:CPPROVE OTHER �� �z�e lq SIGNATURES : ACTION S BO N O/ APPROVED AS RECOMMENDED OTHER V7E of SUPER oxs I hereby certify that this is a true and correct UNANIMOUS(ABSENT P",G- ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: _ABSTAIN: date shown. BB:vz G:\EngSvc\B0\2006\08-01\SD 00-08151 B045(DV).doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) I.D.94-3291516 ATTESTED: G cc: Public Works -A.Bell,Construction Div. P.Tehaney,M&T Lab JOHN CULLEN, Cl k of the Board of -I.Bergeron,Mapping Div. B.Balangan,Engineering Svc. Supervisors and County Administrator -T.-January 25,2007 - Sheriff-Patrol Div.Corm ander CHP,c/o At CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Parnon,CA 94583 By , Deputy Brian Olin,Windemrere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500,San Ramon,CA 94583 Rosa Rivas,Travelers Casualty and Surety Company of America,9325 Sky Park Court,Suite 220,San Diego,CA 92123 zg0V0-faZ445zz 40 Recorded at the request of: Wednesday, AUG 02, 2006 09:36:03 FRE $0.00 Contra Costa County Board of Supervisors Tt 1 Pd $0.00 Nbr-0003348071 Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 1, 2006, by the following vote: AYES:-_____Ulllcema.,Piepho,DeSaulnier,Glover and Gioia, _ NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ 4 9 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08151 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located east of Bollinger Canyon Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 00-08151 (cross-reference Subdivision 95-07976),have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping) with Windemere BLC Land Company, LLC,heretofore approved by this Board; BB:vz G:\EngSvc\BO\2006\08-01\SD 00-08151 BO-45(DV).doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB LD.94-3291516 cc: Public Works A.Bell,Construction Div. I hereby certify that this is a true and correct copy of an P.Tchaney,M&T Lab action taken and entered on the minutes of the Board of -I.Bergeron,Mapping Div. -B.Balangaq,Engineering Svc. Supervisors on the date shown. -T.—January 25,2007 Sheriff-Patrol Div.Commander ATTESTED: CHP,c/o Al CSAA-Cartog JOHN CULLEN, CIA of the Board of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Windermere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Travelers Casualty and Surety Company of America By , Deputy 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Rosa Rivas 1� RESOLUTION NO.2006/ T0,9 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 00-08151 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: .August 1, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of August 1, 2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF SURETY April 9, 2002 Travelers Casualty and Surety of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for $29,400.00, Bond No. SP 7827 issued by the above surety be RETAINED for the six month lien guarantee period until January 25,2007,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 Right-of-Way Landscaping improvements on Bandol Way,Craneford Way,and Barossa Drive are ACCEPTED AS COMPLETE.Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $1,000.00 cash deposit (Auditor's Deposit Permit No. 382409, dated March 1,2002)made by Windemere BLC Land Company,LLC,and the performance/maintenance surety bond rider for $8,670.00, Bond No. SP 7827 issued by Travelers Casualty and Surety of America 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. RESOLUTION NO. 20061 A;9 RIDER ` To be attached to and form part of: Bond Number SP7827 (formerly known as bond no. 11127507801) Dated 2/27/2002 issued by the The American Insurance Company and bond was transferred to Travelers Casualty and Surety Company of America in the amount of $57,800.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of COUNTY OF CONTRA COSTA (Obligee) Now therefore, it is agreed that in consideration of the preiniurn charged, the attached bond shall be amended as follows: The Bond Amount shall be amended: FROM: $57,800.00 TO: $8,670.00 It is further understood and agreed that all other teens and conditions of this bond shall remain unchanged. This Rider is to be Effective this 1St day of March, 2006. Signed, Sealed & Dated this 1st day of March, 2006. 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: Greg mi, Vice President By: �C- �.�ti✓ Trud.ie Wilson, Assistant Secretary Travelers Casualty and Surety Company of America (Surety) RC,-->4<� Rosa E. Rivas, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 3, 2006 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and Trudie Wilson, 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. DINA PRINly F;"'``•• Commission# 1453610 Witness_My hand and official seal. 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: Greg Pomi —Vice President Lennar Homes of California, Inc. Trudie Wilson - Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. SP7827 Number of Pages: One (1) Date of Document: March 1, 2006 Signers (other than those named above): Rosa E. Rivas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On March 1 2006 before me, J. Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC". personally appeared Rosa E. Rivas 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 ►i. BARRAGM signature(s) on the instrument the person(s), or the entity upon ConretfNngon# 1636128 behalf of which the person(s) acted, executed the instrument. k0kny RUAMIC- Zditn o County MY omm.E�Yas.bnS,201 r WITNESS—m- ,, and ate o#lcial seal. SI TURE OF NOTARY .y 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) LI MITED 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/GE 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 FRP WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER V'STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 213962 Certificate No. 000064846 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint James A.Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella-Myers, Rhonda C.Abel,Stanley C. Lynn,Jane Kepner, Grace Reza, and Rosa E. Rivas of the City of Irvine State of California their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their-business ofguaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemiit'fed m any actions orp"ioceedings allowed by law. 2nd IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this day of February 2006 ,p >' l..b S •1 Farmington Casualty Company �� ° St.Paul Guardian Insurance Company Fidelity and Guaranty+Insurance'Gompanyn. _ry St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance'Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company } p�SUA( StYIETy F\PE 4 C�E ;SEAL:;3`e°! `P 6 State of Connecticut By: City of Hartford ss. 9949e W ompson,Sen' r Vic President On this the 2nd day of February 2006 before me personally appeared George W.Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TET A A. k,' In Witness Whereof,I hereunto set my hand and official seal. W A My Commission expires the 30th day of June,2006. pG * Marie C.Tetreault,Notary Public 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER