HomeMy WebLinkAboutMINUTES - 08192008 - C.9 i
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TO: BOARD OF SUPERVISORS Contra-� `'�`����``'
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR
Costa
DATE: August 19, 2008 `�:. ��
s County
SUBJECT: Accepting Completion of landscape 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/ JY accepting completion of landscape improvements for Subdivision
Agreement (Right-of-Way Landscaping) for Road Acceptance 06-01214, (cross-reference Subdivision 95-
07976), 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 has completed the required landscape improvements.
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
RF.COMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON A ROVED AS RECO 1ENDED OTHER
VO/OF SUPERVISORS I hereby certify that this is a true and correct
�' UNANIMOUS(ABSENT 'ny ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
BB.I
G:\EngSvc\BO\2008\08-19\RA 06-01214 130-45
DV Landscape(SUB-RA-PA)FOILM.docx
Originator: Public Works(ES)
Contac ng t be comple87)
ted
ATTESTED: / •Z��/
`Recording to he completed M'Clerk of the Board
cu Public works Construction Div. JOHN CULLEN, CITrk of the Board of
K.Dahl,Engineering Svc.
T.—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 Road,Suite 500
San Ramon,CA 94583 By , eputy
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
801 North Brand Blvd.,Penthouse Suite
Glendale,CA 91203
Attn:Rhonda C.Abel
III I IN 111111111
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder
Contra Costa County pOH— 2008-0203227-00
Board of Supervisors
Return to: Friday, SEP 12, 2008 08:46:27
Public Works Department FRE $0.00
Engineering Services Division :Tt 1 Pd $0.00 Nbr-0004201715
Irc/R9/1-11
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on August 19, 2008 by the following vote:
.AYES: �SLJPERVISORS U11.,KE11IA;
13ONILL'A,GLOVER;ANG PIEPHO
NOES: . NONE
ABSENT: '.SUPERVISOR'G'IOIA
RESOLUTION NO:2008/.58�
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) for Road Acceptance 06-01214 (cross-reference
Subdivision 95-07976), 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 located at the Bollinger Canyon Road Trail Crossing.
The Public Works Director has notified this Board that the Right of Way Landscaping
Improvements in Road Acceptance 06701214 (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 in conjunction with
the filing of the Subdivision Map.
BB:;e
I hereby certify that this is a true and correct
G:\EngSvc\BO\2008\08-19\RA 06-01214 BO-45 copy of an action taken and entered on the
DV Landscape(SUB-RA-PA)FORM.docx minutes of the Board of Supervisors on the date
Originator: Public Works(ES)
Contact: M.Sen(313-2187) shown.
Recording to be completed by Clerk of the Board
cc: Public Works Construction Div. ATTESTED: Ay.
-K.Dahl,Engineering Svc.
T.—June 19,2009 JOHN CULLEN, C1® c of the Board of
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583 Supervisors and County Administrator
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin By , Deputy
Fidelity and Deposit Company of Maryland
801 North Brand Blvd.,Penthouse Suite
Glendale,CA 91203
Attn:Rhonda C.Abel
RESOLUTION NO.2008/ ��1�
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) for Road Acceptance 06-01214 (cross-reference
Subdivision 95-07976), project developed by Windemere 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 (Right-of-.Way Landscaping):
DATE OF AGREEMENT NAME OF BANK/SURETY
September 18, 2007 Fidelity and Deposit Company of Maryland
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $20,950.00,
Bond No. 08821794 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 Right-of-Way Landscaping Improvements at the
Bollinger Canyon Road Trail Crossing 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$1,000.00 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 $6,140.00, Bond Rider No. 08821794 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.
RESOLUTION NO. 20081�5 P
RIDER
To be attached to and form part of.-
Bond Number 08821794
dated 7/25/2006
issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
in the amount of $40,900.00
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: $40,900.00
TO: $6,140.00
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
(Surety)
By:
Jen po , Atto 16 ey-In-Fact
Bond Rider No. 08821.794
RA 06-01214(X-ref SD 03-08508) aka
Phase 3,Bollinger Trail Row Landscape Improvements.
WINDEMERE BLC LAND COMPANY,LLC,
.a California limited liability company
By: LEN-OBS WINDEM..ERE, LLC.,a Delaware limited
liability company, its Managing Member
By: LENNAR HOMES OF CALIFORNIA, INC., a California
corporation, its Managing Member
By: l
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. Luu, 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()whose name(a) is/
fie subscribed to
the within instrument and acknowledged to me that lra/she/lhay executed the same in bis/her/lbeir,authorized
capacity(�W, and that by 1)i3/her/their signature(s) on the instrurnent the.person(g), 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 correct.
K. LUU
Co','mlsslon # 1778641
WITNESS my hand and official seal.
Notary Public - California
Orange county
(NotaSeal) '
MY
Comm.Expires
Signature of Notary Public ry
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
document is to be recordid 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. certifying the authorized capacity of the signer). Please check the sE
document carefully for proper notarial wording and attach this form ifrequired.
(Title or description of attached document continued)
•
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
must also be the same date the acknowledgment is completed.
5f:
(Additional information) The notary public must print his or her name as it appears within his or her
I commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(i) who personally appear at the time of 2
notarization.
CAPACITY CLAUVIED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
E3 Individual(s) he/she/they—is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
ED 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 area permits;otherwise complete a different acknowledgment form.
❑ Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
IX Attorney-in-Fact Additional information is not required but could help to ensure this
0 Trustee(s) acknowledgment is not misused or attached to a different 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 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(s) whose
name{ is/are subscribed to the within instrument and acknowledged to me that he%hefthey
executed the same in his«.,, 'their authorized capacity(iW, and that by hisfher/t,eir signature(O on
the instrument the person'ko, or the entity upon behalf of which the persons-) 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
ComNalon • 171lTSI
m 3
Nolmy Publio -CallforMa
WITNESS my hand and official seal. Contra Costa County
�� //�� CtsnnB IrNa,tt X11
(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: Bond Rider#08821794,Contra Costa County, RA 06-01214
(X-ref SD 03-08508) aka Phase 3, Bollinger Trail ROW Landscape 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 77,Corporate Officer—Title(s): Authorized Agent
❑ 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 to me on the basis of satisfactory evidence to be the persons) whose
name(e) is/aFe subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislh.,,ertheEF authorized capacitykie.0, and that by his.11h.%i,signature(z)on
the instrument the personks), 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 correct.
CATHERINE M. TAYLOR
Commission sT 1715043
-: Notary Public -California
WITNESS my hand and official seal. Contra costa County
Comm B Me icn I2,2D11
(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: Bond Rider#08821794, Contra Costa County, RA 06-01214
(X-ref SD 03-08508) aka Phase 3, Bollinger Trail ROW Landscape Improvements
Document Date: June 12,.2008....... Number of Pages.: 6. .
Signer(s)Other Than Named Above: Jeri Apodaca, Attorney-In-Fact(Surety)
David Geist,Authorized Agent(Lennar Homes of California, Inc.)
Capacity(les)Claimed by Signer
Signer's Name: Brian G. Olin
❑ Individual •
® Corporate Officer—Title(s): Vice-President 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
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 08821794, 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.
Jen Ap aca, At rney-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 acknoNvledged 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
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,whi set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof,dVS
-tiknate,constitute and
appoint Jeri APODACA,of Irvine,California, its true and lawful age !f-ace,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 r to any, as fully and amply,to all
intents and purposes, as if they had been o c ac wd ca "b gularly elected officers of the Company at
its office in Baltimore,Md.,in r p e r s e attorney revokes that issued on behalf of Jeri
APODACA,dated
The said Assistant�c o at the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- a 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
DEP0,;
_ O O
�.J w• e.
� tO11I 2
'yM P\l► �� /may/��
By: —
T. E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Maryland1 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.
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025J