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HomeMy WebLinkAboutMINUTES - 08122008 - C.15 1 . s L TO: BOARD OF SUPERVISORS _ Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: August 12, 2008 Sra co'vzi►� ~ Count y SUBJECT: Accepting completion of landscape improvements for Subdivision.05-08929, San Ramon (Dougherty Valley) area, (District III), SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/accepting completion of landscape improvements on Knightsbridge Way, Holborn Way, Pembroke Way, Highbury Way, Knightsbridge Court and Pembroke Court; for Subdivision Agreement (Right-of-Way Landscaping) Subdivision 05-08929, project developed by Windemere`BLC Land Company, LLC, as recommended by the Public Works Director. FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Windemere BLC Land Company, LLC, has completed the improvements per the Subdivision Agreement(Right-of Way Landscaping), 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: SIGGNATURE: >gRECOMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE _APPROVE —OTHER SIGNATURES ACTION OF BOARD ON APPROVED AS RICOMMENDED__jZOTHER VOCE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: BBJc G:\EngSvc\BO\2008\08-12\SD 05-08929 BO-45 DV Landscape(SUB-RA-PA)FORM.docx I hereby certify that this is a true acid correct copy of an Originator: Public Works(ES) Contact:M.Sen(313-2187) action taken and entered on the minutes of the Board of Recording to be completed by Clerk of the Board cc: Public Works Construction Div. Supervisors on the date shown. K.Dahl,Engineering Svc. L T.—June 12,2009 Chris Low,City of San Ramon ATTESTED: �f• 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC .° JOHN CULLEN, Cler of the Board of Supervisors and 6121 Bollinger Canyon Road,Ste 500 Count Administrator. San Ramon,CA 94583 y Attn:Brian Olin Fidelity and Deposit Company of Maryland. 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 By ,Deputy . Attn:Rachelle Rhealt IIIlllllll llllllllllllflllllll�IIIIIIIIIIIIIIIII :CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Contra Costa County Board of Supervisors ppb_ 2008_0203225-00 Return to: Friday, SEP 12, 2008 08:46:12 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 - Nbr-0004201705 lrc/R9/1-10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 12, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/ -5;FA SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-08929, 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 Windemere Parkway and Holborn Way. The Public Works Director has notified this Board that the Right of Way Landscaping Improvements in Subdivision 05-08929, have been completed as provided in the Subdivision, Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, heretofore approved by this Board. BBJc G:\EngSvc\BO\2008\08-12\SD 05-08929 BO-45 DV Landscape(sus-RA-PA)FORM.docx I hereby certify that this is a true and correct copy of an Originator: Public Works(ES) Contact: M.Sen(313-2187) action taken and entered on the minutes of the Board of Recording to be completed by Clerk of the Board Supervisors on the date shown. cc: Public Works -Construction Div. K.Dahl,Engineering Svc. T.—June 12,2009 ATTESTED: -el X"e Chris Low,City of San Ramon JOHN CULLEN, Cl lof the Board of Supervisors and 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC County Administrator 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland By , Deputy 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Rachelle Rhealt RESOLUTION NO.2008/ Ufl/ SUBJECT: Accepting completion of.landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-08929, project developed by Windemere BLC Land Company; LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District III) DATE: August 12, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 12, 2008 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 BANK/SURETY October 25, 2005 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for $83,650.00, Bond No. 08821651 issued by the above surety be RETAINED for the six month lien guarantee period until February 12, 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 the Right-of-Way Landscaping Improvements on Knightsbridge Way, Holborn Way, Pembroke Way, Highbury ,,Way, Knightsbridge Court and Pembroke Court are ACCEPTED AS COMPLETE. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the`$1,700.00 cash deposit (Auditor's Deposit Permit No. 448563 , dated July 25, 2005) made by Windemere BLC Land Company, LLC and the performance/maintenance surety for $24,840.00,'Bond Rider No. 08821651, dated July 13, 2005,.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. RESOL UTION NO. 2008/SSU RIDER To be attached to and form part of. Bond Number 08821651 dated 7/13/2005 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND in the amount of $165,600.00 on behalf of WINDEMERE BLC LAND COMPANY, 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 hallbe amended as follows: The Performance Bond Amount Shall Be Amended: FROM: $165,600.00 TO: $24,840.00 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 21St day of July, 2008. Signed, Sealed &Dated this 23rd day of July, 2008. See Attached Signature Block (Principal) By: Fidelity and Deposit Company of Maryland (Surety) f By: eri Ap , Atto ey-In-Fact Bond Rider No. 08821651 05-08929 aka Village 45 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: �C:tJLtKJI/ � .�1t David Geist, Authorized Agent CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California s County of Orange I { On . 7/23/08 before me, K. Luu, Notary Public ,. (Here insert name and title of the officer) personally appeared Jeri Apodaca i -who proved to me on the basis of satisfactory evidence to be the person(x) whose name(a)is/ ,e subscribed to the within instrument and acknowledged to me that lxcrJshe/9=7 executed the same in bis/her/tbeix authorized i€ capacity(�W, and that by 1)j�/her/ter signature(s) on the instrument the person(g), 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. 1€� K. Luu !.. Commission # 1778641 WITNESS my hand and official seal. _ Notary Public -California orange,,County My COmm.Expirm Nov 6,2011 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be j properly completed and attached to that document. The only exception is iij a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e, cert Eying the authorized capacity of the signer).Please check the ?i document carejullyfor proper notarial wording and attach this orm i re uired.(Title or description of atahed document continued) f ii • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which i must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). ;>E • Print the name(s) of document signer(s) who personally appear at the time of ?" ' notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/the),-is/efe)or circling the correct forms.Failure to correctly indicate this ❑ Individual(S) information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. tiE Impression must not cover text or lines.If seal impression smudges,re-seal if a l (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of l" ❑ Partner(s) the county clerk. I� Attomey-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(S) acknowledgment.is not misused or attachcd to a differcut document. ED Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA . } County of CONTRA COSTA ss. On July 25, 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) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in #isA494their authorized capacity(ies), and that by r",,,sA:�64their 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 0 1715845 •� Notary Public -California WITNESS my hand and official seal. Contra Costa County CMM=Jan 12,2011 (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#08821651,Windemere SD 05-08929, aka Village 45, ROW Landscape Improvements - n Document Date: July-23, 2008 !' Number of Pages: 6 Signer(s) Other Than_Named Above: Jerry 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: Lerinar Homes,of California, Inc. a California corporation . Y The following is a transcript of the text obscured by the Zurich watermark on the original Power of Attorney document: To be attach to rider for bond number 08821651', signed and sealed on 7/23/2008 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, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the datehereof, does hereby nominate, constitute and appoint, Jeri APODACA, of Irvine, California, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Jeri APODACA, dated September 21, 2001. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, 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 14`h day of April, A.D. 2003. I do hereby certify under penalty of perjury, as Power of Attorney for Fidelity and Deposit Company of Maryland that the above is a true, correct and accurate depiction of the text obscured by the Zurich watermarking on the original Power of Attorney document. rida a, Attrrley-in-Fact State of California } County of Orange }ss On August 26, 2008, before me, Kim Luu, Notary Public, personally appeared Jeri Apodaca, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in-her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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 correction. WITNESS my hand and official seal. K. LUU Commission # 1778,641 Z .-® Notary Public - California z Orange County My Comm.Expires Nov 6;'2011 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'•Vl, 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 Jeri APODACA,of Irvine,California, its true and lawful age - - ac ke,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed" s & � ,and the execution of such bonds or undertakings in pursuance of these pr in any,as fully and amply,to all intents and purposes;as if they had been o cu p ac w ab egularly elected officers of the Company at its office in Baltimore,Md.,in r twpers n e attorney revokes that issued on behalf of Jeri APODACA,dated \2 7 �J D The said Assistantc o at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- a 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 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �p DEPps� � f Q P W By: . T. E Smith .Assistant Secretary Paul C. Rogers Vice President State of Maryland City of Baltimore ss. 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 deposethand 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. LYNN n µCrAAY� SAD C6U"' � 9r� Sandra Lynn Mooney. Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J 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 TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 23rd day of July 2008 Assistant Secretory 6121 Bollinger Canyon Road #500 ti San Ramon, CA 94583 July 18, 2008 VIA FACSIMILIE: 925.313.2333 No. of Fax Pages:' 2 Contra Costa County Public Works Department - 255 Glacier Drive Martinez, CA 94553 ATTENTION: Monish Sen, Engineering Services SUBJECT: Request for Reduction in Performance Bond Dear Monish: Please authorize a Bond Reduction for 05-08929 aka Village 45 so that we may request the bond reduction from the Surety. Please acknowledge below. Thank you. Cathy.Taylor Lennar- Bay Area Land Project aka Community Name: Windemere, San Ramon Principal: Windemere BLC Land Company, LLC Surety: Fidelity.and Deposit Company of Maryland Subdivision Number: 05-08929 Date of Bond: July 13, 2005 Original Bond Number: 08821651 Original Performance Bond Amount: $165,600.00 Rider Amount: $24,840.00 (15%of Original Performance bond amount) BOS approved Agreement Reso. No.: 2005 /697 (Agreement Approved) Authorizaf n: -717-1 Xv5 Monish Sen Date Engineering Services Division, CCC-PW (925) 313-2187 PUBLIC WORKS DEPARTMENT CONTRA.COSTA COUNTY Date: "I�1"L1C73 TO: Teri Rie Engineering Services FROM: �1;1 1'ILttG4Ot1 ' ,Landscape:Inspector SUBJECT: Landscape/Park Inspection Status Report for 61j8nWl-7(©!+._l _ VILWA C-1 A,�;, BOND REDUCTION Improvements satisfactorily completed as of -711- 1PB GUARANTEE PERIOD: Private 100% (no guarantee) Public END OF WARRANTY/MAINTENANCE Improvements perfon-ned satisfactory as of this date. All deficiencies corrected as of Remarks .dw1'Lkf. Ga(.7rpData\t:ngSvc:biJlileeFfonnsihlndscapeSignOtf:Sheet.dnc • 9119;2007 Cc: L.Leong,Engineering Services T3.Balangan,Eng ineering Services L.Breen,Engineering Services