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HomeMy WebLinkAboutMINUTES - 08052008 - C.10 E S----- E L TO: BOARD OF SUPERVISORS ���" �� Contra�' �1NmNR °x � to FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR z �n%+ - z DATE: August 5, 2008 "�o a -— ;���~��� STA C'10 ------- County SUBJECT: Accept completion of improvements for Road Acceptance 02-01141, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/•Ifs-accepting completion of improvements for Japonica Way Bridge, Road Acceptance 02-01141, (cross-reference Subdivision 03-08508), as recommended by the Public Works Director, 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 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. e"�' 01 Continued on Attachment: SIGNATURE: _ZIR ECOMMENDATION OF COUNTY ADMINISTRATOR , .,RECOMMENDATION OF BOARD COMMITTEE PPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOM NDED OTHER V7 OF SUPERVISORS /OVY9.., I hereby certify that this is a true and correct UNANIMOUS(ABSENT ) 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:\EngSvc\60\2008\08-05\RA 02-01141 BO-45 DV(SUB-RA-DA)FORM.docx Originator: Public Works(ES) Contact: J.LaRocque(313-2315) Recording to be completed by Clerk of the Board ATTESTED: db it Iad cc: Public Works -Construction Div. -P.Tehancy,M&T Lab JOHN CULLEN, Cl {of the Board of -H.Finch,Maintenance Div. -1.Bergeron,Mapping Div. Supervisors and County Administrator -Engineering Svc. -T.—May 22,2009 ' Sheriff-Patrol Div.Commander CHP,c%Al Chris Low,City of San Ramon 2222 Camino Raman,San Ramon,CA 94583 By Deputy Windemere BLC Land Company,LLC 3121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin The Continental Insurance Company 2600 Lucien Way,Suite 130 Maitland FL 32751 CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DDC— 2008-0175174-00 Contra Costa County Board of Supervisors Wednesday, AUG 06, 2008 13:16:58 Return to: FRE 00: Public Works Department Tt 1 Pd $0.00 Nbr-0@04168036 Engineering Services Division lrc/R9/1-10 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 5, 2008 by the following vote: AYES: Gioia, Uilkema, Piepho, Bonilla, and Glover NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/%XfS SUBJECT: Accepting completion of improvements for Japonica Way Bridge, Road Acceptance 02-01141 (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) The Public Works Director has notified this Board that the improvements in Road Acceptance 02-01141 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. BBJc I hereby certify that this is a true and correct copy G:\EngSvc\130\2008\08-05\RA 02-01141 of an action taken and entered on the minutes of the BO-45 DV(SUB-RA-DA)FORM.docx Originator: Public Works(ES) Board of Supervisors on the date shown. Contact: J.LaRocque(313-2315) Recording to be completed by Clerk of the Board n_J cc: Public Works -Construction Div. ATTESTED: m s -P.Tehaney,M&T Lab JOHN CULLEN, Clerf of the Boar of Supervisors -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. and County Administrator -Engineering Svc. -T.—May 22,2009 Sheriff-Patrol Div.Commander CHP,c/o Al By , Deputy Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 3121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin The Continental Insurance Company 2600 Lucien Way,Suite 130 Maitland,FL 32751 Attn:Rhonda C.Abel RESOLUTION NO.2008/ So- SUBJECT: Accepting completion of improvements for Japonica Way Bridge, Road Acceptance 02-01141 (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: August 5, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 5, 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 July 19, X005 The Continental Insurance Company BE IT FURTHER RESOLVED that the payment (labor and materials) surety for $864,500.00, Bond No. 929367275 issued by the above surety be RETAINED for the six month lien guarantee period until February 5, 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 Japonica Way Bridge improvements 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 $17,300.00 cash deposit (Auditor's Deposit Permit No. 446032, dated June 13, 2005) made by Windemere BLC Land Company, LLC and the performance/maintenance surety for $256,760.00, Bond Rider No. 929367275, dated June 12, 2008, issued by The Continental Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOL UTION NO. 2008/S5Ji RIDER To be attached to and form part of: Bond Number 929367275 dated 6/l/2005 issued by the THE CONTINENTAL INSURANCE COMPANY in the amount of $1,711,700.00 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: $1,711,700.00 TO: $256,760.00 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 1 lth day of June, 2008. Signed, Sealed &Dated this 12th day of June, 2008. See Attached Signature Block (Principal) By: The Continental Insurance Company (Surety) By: Jeri Apo , ttorne -In-Fact Bond Rider No.929367275 RA 02-01141 (X-ref SD 03-08508) aka Phase 3,Japonica Bridge 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. E Gz Brian G. Olin,Vice-President By: L�xA, .2�, AJL David Geist, Authorized Agent ................1...f..ss....w................it:.\............n.,.,:....n.n. . • t.n:::^................ ..:.:.................................__............ .:.:.._......:.::........................................................ ..rum..,.�•.....�......n....n....w.........n.. ..w.. : CALIFORNIA ALL—PURPOSE In CERTIFICATE OF ACKNOWLEDGMENT k' State of California Ysi ii ' County of Orange 1- On 6/12/08 before me, K. Luu, Notary Public " (Here insert name and title of the officer) i? personally appeared Jeri Apodaca { who proved to me on the basis of satisfactory evidence to be the person(R) whose name(x) is/fie subscribed to i`•.`•. the within instrument and acknowledged to me that Ixa/she/mac executed the same in bis/her/tbeix authorized ca aci and that b r p ty( y lkjy3/her/tezr signature(s) on the instrument the person(R) or the entity upon behalf of I; which the person()acted, executed the instrument. I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph j is true and correct. # s•.i tli WITNESS m and and official seal. ''"'`` Commission LUU� ' !: y 1:: n # 1 778641 Notary Public - California Z Z v ; jl Orange County '- ''` (Notary Seal) My Comm.bgaires Nov 6,2011 �N Signature of Notary Public =w ey ^ �'. ADDITIONAL OPTIONAL INFORMATION d i INSTRUCTIONS FOR COMPLETING TIUS FORM Any acknowledgment completed in California must contain verbiage exactly as y DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be t" properly completed and attached to that document. The only exception is if a 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 da something that is illegalfor a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully jor proper notarial wording and attach this form if required. 16 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. ' !0° • Date of notarization must be the date that the signer(s)personally appeared which ? must also be the same date the acknowledgment is completed. i (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). i • Print the name(s) of document signer(s) who personally appear at the time of �? notarization. CAPACITY CLAIlvIED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/tlrey,is/are)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. i j Impression must not cover text or lines.If seal impression smudges,re-seal if a K EE (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ partners Signature of the notary public must match the signature on file with the office of 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 3 corporate officer,indicate the title(i.e.CEO,CFO,Secretary). $; • Securely attach this document to the signed document ?: ...+.wnW...n.u.wn.w...�-. wnv:w......t:.::.:. '.:.......n.............n..n.�f:f;:ti:-s....wnn..n...-:.'.f:u...s....nnb..nv.nw... .u..v.w.v... I CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA l )} ss. County of CONTRA COSTA 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 persons) whose name(o is/a-re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityoW, and that by his her/thei signature(64 on the instrument the person(-s), or the entity upon behalf of which the personko 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 #r 171584- Notary 71Sd13Notary Public -California WITNESS my hand and official seal. Contra Costa County kwcorrmpa .lon t 2,2011 (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: Bond Rider#929367275, Contra Costa County, RA 02-01141 (X-ref SD 03-08508) aka Phase 3, Japonica Bridge 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 To 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 l )} 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 personw whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his he their authorized capacity(ies), and that by his/",� signatureko on the instrument the personal, 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 # 1715845 -i Notary Public .California WITNESS my hand and official seal. Contra Costa county ,� .Lan 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#929367275, Contra Costa County, RA 02-01141 (X-ref SD 03-08508) aka Phase 3, Japonica Bridge Civil 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(ies)Claimed by Signer Signer's Name: Brian G. Olin ❑ Individual 77.- Top of thumb here ® 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 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation, is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Linda Enright,Mike Parizino, Rhonda Carlyn Abel,James A. Schaller,Jeri Apodaca,Jane Kepner, , Individually of Irvine,CA, its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted, as indicated,by the Board of Directors of the corporation. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this l st day of October,2006. O- �1N . The Continental Insurance Company fio :v Thomas P. Stillman Senior Vice President State of Illinois, County of Cook,ss: On this I st day of October, 2006, before me personally came Thomas P. Stillman to me known, who,being by me duly swom,did depose and say: that he resides in the City of Chicago, State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania corporation,described in and which executed the above instrument; that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ....................... 'OFFICIAL SEAL' MARIA ht MEORM • Nagy PuENe,wb d liwi • l i tiM C—Wias o,t Ewkw 211 Los : ` ^ ' My Commission Expires March 15, 2009 Marta M. Medina Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 12th day of June 2008 ��,V INS(, •.,•• The Continental Insurance Company NNW :z rw �•••�•..••• Form F6850-11/2001 Mary A. Rikaiokis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the company. "Article VI-Execution of Documents Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President may, from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or Senior Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attomey-in-fact. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13`h day of January, 1989: RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached."