HomeMy WebLinkAboutMINUTES - 08192008 - C.8 TO: BOARD OF SUPERVISORS E..- Contra
Costa
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR -- ``
4
DATE: August 19, 2008 Count
r�q �oUh y
SUBJECT: Accepting completion of improvements for Road Acceptance 06-01214, San Ramon (Dougherty
Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
(,,
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ -IA3 accepting completion of improvements for Bollinger Canyon Road Trail
Crossing, Road Acceptance 06-01214, (cross-reference Subdivision 95-07976); as recommended by the Public
Works Director, for project being developed by Windemere BLC Land Company, LLC. .
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer has completed the improvements per the Road Improvement 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:
a
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ON PROVED AS RE MMENDED OTHER
VO T-OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT ) copy of an action taken and entered on the
AYES: NOES: minutes.ofthe Board of Supervisors on the
BB:jc
ABSENT: ABSTAIN: date shown.
G:\L=ngSec\BO\2008\08-1008\0806-01214 BO-45
DV(SUB-RA-DA)FORM.docc
Originator: Public Works(ES)
Contact:M.Sen(313-2187) ATTESTED:5► '""� / otL�O
Recording to be completed by Clerk or the Board
cc: Public works Construction Div. JOHN CULLEN, lerk of the Board of
K.Dahl,Engineering Svc.
l'.—June 19.2009 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 Rd.,Ste.500
San Ranwn,CA 94583 By Deputy
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd.,Penthouse Suite
Glendale,CA 91203
Attn:Rhonda C.Abel
I I II I I -
IIIIIII III I III II III III I I IIIII III III I IIII I II IIII II
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder
Contra Costa County ,DOC— 2008_0203226-00
Board of Supervisors L
Return to: Friday, SEP 12, 2008 08:46:20
Public Works Department :FRE $0.00:
Engineering Services Division Tt 1 Pd $0,00 Nbr-0004201710
' W 1rcIR9/1-li
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 19, 2008 by the following vote:
BQ'N.1.' SUPERX'ISORS Li1LICE,ti1:a,
BON.ILI; ,G 0VEA AN.U.:PIEPHO
NOES-' . t 1VONE.
ABSENT;;`:Sl1PERVISOR CIOIA'.
RESOLUTION NO. 200810,A3
SUBJECT: Accepting completion of improvements for Road Acceptance 06-01214 (cross-
reference Subdivision 95-07976), project developed by Wendemere BLC Land
Company, LLC, as recommended by the Public Works Director, San Ramon
(Dougherty Valley) area. (District III).
These improvements are located at the Bollinger Canyon Road Trail Crossing.
The Public Works Director has notified this Board that the improvements in Road
Acceptance 06-01214 have been completed as provided in the Agreement with Windemere BLC
Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
BBJc I hereby certify that this is a true and correct copy
G:\EngSvc\BO\2008\08-19\RA 06-01214 BO-45 of an action taken and entered on the minutes of the
DV(SUB-RA-DA)FORM.docx
Originator: Public Works(ES) . Board of Supervisors on the date shown.
Contact: M.Sen(313-2187)
Recording to be completed by Clerk of the Board ATTESTED:
cc: Public Works Construction Div.
K.Dahl,Engineering Svc. JOHN CULLEN, Cler of the Board of Supervisors
T.-June 19,2009
Chris Low,City of San Ramon and County Administrator
2222 Camino Ramon,San Ramon,CA 94583
Windcmere BLC Land Company,LLC
6121 Bollinger Canyon Rd.,Ste.500
San Ramon,CA 94583 By , Deputy
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd.,Penthouse Suite
Glendale,CA 91203
Attn:Rhonda C.Abel
RESOLUTION NO.2008/ SR
SUBJECT: Accepting completion of improvements for Road Acceptance 06-01214 (cross-
reference Subdivision 95-07976), project developed by Wendemere BLC Land
Company, LLC, as recommended by the Public Works Director, San Ramon
(Dougherty Valley) area. (District III)
DATE: August 19, 2008
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been
COMPLETED as of August 19, 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
April 17, 2007 Fidelity and Deposit Company of Maryland
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $83,000.00,
Bond No. 08821793 issued by the above surety be RETAINED for the six month lien guarantee
period until February 19, 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 Bollinger Canyon Road Trail Crossing the
hereinafter described public improvements, dedicated for public use and conveyed by separate
instrument, recorded on December 20, 2007, recording series number DOC-2007-0343144-00,
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 FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$1,700.00 cash deposit (Auditor's Deposit Permit No. 468136 , dated July,
31, 2006) made by Windemere BLC Land Company, LLC, and the performance/maintenance
surety for $24,650.00, Bond Rider No. 08821793 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 Np. 2008/ "
RIDER
To be attached to and form part of:
Bond Number 08821793
dated 7/25/2006
issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
in the amount of 5164,300.00
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 amended as follows:
The Performance Bond Amount Shall Be Amended:
FROM: $164,300.00
TO: $24,650.00
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 11th day of June, 2008.
Signed, Sealed &Dated.this 12th day of June, 2008.
See Attached Signature Block
(Principal)
By:
Fidelity and Deposit Company of Maryland
and
(Surety)
By: k I /� . 1
Je i Apo a; Att ey-In-Fact
Bond Rider No. 08821793
RA 06-01214 (X-ref SD 03-08508) aka
Phase.3,Bollinger Trail 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: .
Brian G. Olin,Vice-President
By
David Geist,Authorized Agent
•
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of.California
County of Orange .
On 6/12/08 before me, K. Lull, Notary Public
(Here insert name and title of the officer)
personally appeared Jeri Apodaca
who proved to me on the basis of satisfactory evidence to be the person(R)whose name(x)is/Ae subscribed to
the within instrument and acknowledged to me that lxa/she/tdzq executed the same in him/her/tlieiK authorized
capacity(�W, and that by W/herAkoeir signature(s) on the instrument the person(i), 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.
t,Lrurre6:�.ftior�s: Fs,.�n•�,�.n��s� e
<� K. LUU i
+ +• Commisslon # 1 7713641
WITNESS m and and official seal. I;`: "�"'`•`''`'' _
y lgotory Public Ca,'ifornla
Orange County =
Ccrwn.'cxo?res PIoY 6,2011 a
(Notary Seal)
Signature of Notary Public
s ��•s� •[,v��xTMyzS,,,��FtaP�'A
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
properly completed and attached to that document. The only exception is if a o
document is to be recorded outside of California.In such instances,any alternative
acknowledgment verbiage as may be printed on such a document so long as the
(Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the i
(Title or description of attached document continued)
document corefullyfor proper notarial wording and attach this form ifrequired.
• 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 is
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).
• 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/lheyr is/are)or circling the correct forts.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.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient arca permits,otherwise complete a different acknowledgment form. if
• Signature of the notary public must match the signature on file with the office of
❑ ParflleI(5) the county clerk.
® Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ 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 June 17, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
David Geist, who proved to me on the basis of satisfactory evidence to be the person(&) whose
name(&) is/are subscribed to the within instrument and acknowledged to me that he/oh
executed the same in hisih,�,er4the;,=authorized capacityoee&), and that by histherlthei signature(e)on
the instrument the personko, or the entity upon behalf of which the pbrsonW 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 # 1715843
:p Notary Public -California
WITNESS my hand and official.seal. Z Contra Costa County
Camm MAM 12.2011
(Signature of Notary Pubic) 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: Bond Rider#08821793, Contra Costa County, RA 06-01214
(X-ref SD 03-08508) aka Phase 3, Bollinger Trail Civil Improvements
Document Date: June 12, 2008 Number of Pages: 5
Signer(s)Other Than Named Above: Jeri Apodaca, Attorney-In-Fact(Surety)
Capacity(ies)Claimed by Signer.
Signer's Name: David Geist
❑ Individual •
® Corporate Officer—Title(s): Authorized Agent Top of thumb here
❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA
} ss.
County of CONTRA COSTA
On June 20, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
Brian G. Olin, who proved tome on the basis of,satisfactory evidence to be the person()whose
name{&) is4Fe subscribed to the within instrument and acknowledged to me that hei&helthe
executed the same in hWhei:ltheir authorized capacity(ie&), and that by hislh,T,e *, hei signatures)on
the instrument the person(-&), or the entity upon behalf of which the personW 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.
CAfHERINE M. TAYLOR
Commission # 1715843 16
-i Notary Public -California
WITNESS my hand and official seal. Contra Costa County
Corrin .1�T 2011
(Signature of Notary Public) U Place Notary Seal-Above
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons Defying 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: Bond Rider#08821793, Contra Costa County, RA 06-01214
(X-ref SD 03-08508) aka Phase 3, Bollinger Trail Civil Improvements
Document Date: June 12, 2008 Number of Pages: 6,
Signer(s) Other Than Named Above: Jeri Apodaca,Attorney-In-Fact(Surety)
David Gesit,Authorized,Agent(Lennar Homes of California, Inc.)
Capacity(aes)Claimed by Signer
Signer's Name: Brian G. Olin
M.
❑ Individual 77 .Corporate Officer—Title(s): Vice-President
❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation
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 08821793, signed and sealed on 6/12/2008
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 date hereof, 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.
Jeri Apo ca, Att ey-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 # 1778641
Notary Public • California
z Orange County
My Comm.Expires Nov 6,2011
1,
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=4nate.,
set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof da s constitute and
appoint.Teri APODACA,of,lrvine,California, its true and lawful age t � "��act ke, execute.,seal and
deliver, for,and on its behalf as surety,and as its act and deed- c �. .. and the execution o.f
such bonds or undertakings in pursuance of these Pi i � �n� �Pany,as fully and amply,to all
intents and purposes,as if they had been �c�ct ac rho " gularly elected officers of the Company at
its office in Baltimore,Md., in� �pers ) �aitorney revokes that issued on behalf of Jeri
APODACA,dated Sz � 2713Fany,
The said Assjstant.�c��oltat the extract set forth.on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- a C 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 DEvps�
o a
7
By:
T. E. Smith Assistant Secretary Paul C Rogers bice President
State of Maryland l.ss:
City of Baltimore f
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 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.
' .5O
Sandra Lynn Mooney Notmy Public
My Commission Expires: 3anuary 1,2004
POA-F 012-5025)
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 may be signed by facsinule 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."
CN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 12th day of June 2008 _
Assistant Secretan'