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Home My WebLink AboutMINUTES - 07082008 - C.16 ' , TO: BOARD OF SUPERVISORS , '= Contra FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR Costa DATE: July 8, 2008 County couK`�'t SUBJECT: Accept completion of improvements for Road Acceptance 05-01199,San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ 4?S' accepting completion of improvements for Windemere Phase III Trail Improvements, Road Acceptance 05-01199, (cross-reference Subdivision 03-08508), for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, 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 improvements per the Road Improvement Agreement, and the 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: � _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON B APPROVED A ECOMMENDED OTHER VO�F SUPERVISORS I hereby certify that this is a true and correct �/ UNANIMOUS(ABSENT A 0W ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. BB:jc G:\F.ngSvc\BO\2008\07-08\RA 05-01199 B045 DV(SUB-RA-DA)FORM.docx Originator: Public Works(ES) Contact: T.Ric(313-2363) d —/ Recording to be completed by Clerk of The Board ATTESTED: Q d/ cc: Public Works Construction Div. JOHN CULL rk of the Board of -P.Tehancy,M&T Lab. -I.Bergeron,Mapping Div. Supervisors and County Administrator D.Spinale,Engineering Svc. Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC By , Deputy 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91 101 Attn:Rosa A.Rivas IIII III III I III II II IIII II I11111111111:;1111111111111 CONTRA COSTA Co Recorder Off ice Recorded at the request or: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2008-0152527-00 Board of supervisorsWednesday, JUL 09, 2008 10:37:10 Return to: FIRE $0.00: ; Public Works Department Tt l Pd $0.00 Nbr-0004140656 Engineering Services Division Irc/R9/1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 8, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover j' NOES: None ABSENT: None ABSTAIN: None NO. 2008/ SUBJECT: Accepting completion of improvements for Windemere Phase III Trails, Road Acceptance 05-01199 (cross-reference Subdivision 03-08508), project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Bollinger Canyon Road. The Public Works Director has notified this Board that the improvements for Windemere Phase III Trails, Road Acceptance 05-01199 have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. BB:jc G:\EngSvc\BO\2008\07-08\RA 05-01199 BO-45 DV(SUB-RA-DA)FORM.doex Originator: Public Works(ES) Contact. T'.Ric(313-2363) Recording to be completed by Clerk of The Board I hereby.certify that this is a true and correct copy cc: Public Works Construction Div. of an action taken and entered on the minutes of -P.'I'ehaney,MBcT lab. 1.Bergeron,Mapping Div. the Board of Supervisors on the date shown. D.Spinale,Engineering Svc. Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 ATTESTED: n Windemere BLC Land Company,LI-C. JOHN CULLS , Cl c of the Board of 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Supervisors and County Administrator Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 By , Deputy Attn:Rosa A.Rivas RESOLUTION NO.2008/ SUBJECT: Accepting completion of improvements for Windemere Phase III Trails, Road Acceptance 05-01199 (cross-reference Subdivision 03-08508), project developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) DATE: July 8, 2008 PAGE: 2 NOW. THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 8, 2008 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 August 15, 2002 Arch Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $156,000.00, Bond No. SU5020560 issued by the above bank be RETAINED for the six month lien guarantee period until January 8, 2009, 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 Windemere Phase III Trails the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 03- 08508 filed August 21, 2006, in Book 493 of final maps at Page 43. Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. BE IT FURTHER RESOLVED that upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FUTHER RESOLVED that the beginning of the warranty period is hereby established, and the4$3,100.00 cash deposit (Auditor's Deposit Permit No. 467598, dated July 20, 2006) made by Windemere BLC Land Company, LLC.. Be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release of this Board. RESOLUTION NO. 2008/ �� RIDER To be attached to and form part of: Bond Number SU5020560 dated 7/5/2006 issued by the ARCH INSURANCE COMPANY in the amount of. 5308,900.00 on behalf of WINDEMEP E BLC LAND N COMPAY, LLC (Principal) --_-- and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Performance Bond Ai-nount Shall Be Amended: FROM: $308,900.00 TO: $46,340.00 It.is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 3rd day of June, 2008. Signed, Sealed &Dated this 4th day of June, 2008. See Attached Si mature Block (Principal) By: Arch Insurance Company (Surety) By: Jen Apo ttorney n-Fact Bond Rider No. SU5020560 RA 05-01199 aka Phase 3, Trails Civil Improvements 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 _ Brian G. Olin, Vice President By: Lca-!,� C� David Geist, Authorized Agent CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA } ss. County of CONTRA COSTA On June 6, 2008 before me, . Catherine M. Taylor,. Notary Public, personally appeared Brian G. Olin and David Geist, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isEare subscribed to the within instrument and acknowledged to me that hei.6he/they executed the same in.hoRtherltheir authorized capacity(ies), and that by hisi#etheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I.certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CATHERINE M. TAYLOR Commission i 1715843 Notary Public -California WITNESS my hand and official seal: Contra Costa County Camp .!�t 2,2011 1 01 (Signature of Notary Public) Place Notary Seal Above 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: Contra'Costa.County, Bond Rider#SU5020560,Windemere, Phase 3, RA 04-01199 aka Trail Civil Improvements Document Date: 06/04/08 Number of Pages: 5 Signer(s)Other Than Named Above: Jeri Apodaca, Attorney-In-Fact(Surety) Capacity(ies) Claimed by Signer Signer's Name: See Below ❑ Individual • ® Corporate Officer—Title(s): Brian G. Olin,Vice-President Top of thumb here David Geist, Authorized Agent ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel,Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelle Rheault,and Linda Enright of Irvine,CA(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in.Kansas City_:Vi00;4in:,:,;. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A.