The URL can be used to link to this page

Home My WebLink AboutMINUTES - 08052008 - C.11 • SE G TO: BOARD OF SUPERVISORS _ Contra •: : FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa ldamu.A"' .z DATE: August 5, 2008 �o -_ �`�� sr'`1 COUN'� County SUBJECT: Accept completion of improvements for Japonica Way, Road Acceptance 05-01185, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/%20 Sf accepting completion of improvements for Road Acceptance 05-01185, (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 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: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOM LADED OTHER vo OF SUPERVISORS ./' I hereby certify that this is a true and correct UNANIMOUS(ABSENT A 00C/ ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the BB:je ABSENT: ABSTAIN: date shown. G:\EngSvc\60\2008\08-05\RA 05-01185 B045 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: �7erkof •S +Zel�el� cc: Public Works -Construction Div. -P. nch,Maintenance Div.y,M&T Lab Fi H.Finch, JOHN CULLENBoard of - I.Bergeron,Mapping Div. K Dahl,Engineering Svc. Supervisors and County Administrator - -T.—June 5,2009 CHP,do Al Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Rd.,#300 By , Deputy San Rano,CA 94583 Attn:Brian Olin Safeco Insurance Company of America 330 N.Brand Blvd.,101°Floor Glendale,CA 95203 Atm:Rhonda C.Abel CONTRA COSTA Co Recorder Office Recorded at the request of. STEPHEN L. WEIR, Clerk-Recorder Contra Costa County DOC— 2008-0175175-00 Board of Supervisors Wednesday, AUG 06, 2008 13:17:02 Return to: Public Works Department FRE $0.00 1 Engineering Services Division Tt 1 Pd $0.00 Nbr-0004168037 Irc/R9/1-9 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/,S5_(o SUBJECT: Accepting completion of improvements for Japonica Way, Road Acceptance 05- 01185 (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 located on Japonica Way between Ivy Hill Road and Japonica Bridge. The Public Works Director has notified this Board that the improvements in Road Acceptance 05-01185 (cross-reference Subdivision 03-08508) 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\BO\2008\08-05\RA 05-01185 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: J.LaRocque(313-2315) Recording to be completed by Clerk of the Board / cc: Public Works -Construction Div. ATTESTED: CL4"AerY -P.Tehaney,M&T Lab JOHN CULLEN, Cled of the Board of Supervisors -I.Bergeron,Mapping Div. -K.Dahl,Engineering Svc. and County Administrator -T.June 5,2009 CHP,c/o Al Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By , Deputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Rd.,#300 San Ramon,CA 94583 Attn:Brian Olin Safeco Insurance Company of America 330 N.Brand Blvd.,10'e Floor Glendale,CA 95203 Attn:Rhonda C.Abel RESOLUTION N0.2008/ SUBJECT: Accepting completion of improvements for Japonica way, Road Acceptance 05- 01185 (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 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, 2005 Safeco Insurance Company of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for $207,000.00, Bond No. 6349072 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 Japonica Way, 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, is ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Japonica Way 40' Road- 72' R/W 0.07 Japonica Way 55' Road- 72' R/W 0.03 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 $4,200.00 cash deposit (Auditor's Deposit Permit No. 444939, dated May 24, 2005) made by Windemere BLC Land Company, LLC and the performance/maintenance surety for $61,470.00, Bond Rider No. 6349072, dated June 12, 2008, issued by Safeco Insurance Company of America be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 20081",4 X,4 RIDER To be attached to and form part of: Bond Number 6349072 dated 5/18/2005 issued by the SAFECO INSURANCE COMPANY OF AMERICA in the amount of $409,800.00 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: $409,800.00 TO: $61,470.00 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: Safeco Insurance Company of America (Surety) By: eri Apo ca, Atto ey- -Fact Bond Rider No. 6349072 RA 05-01185(X-ref SD 03-08508) aka Phase 3,Japonica Way 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: Gly Brian G. Olin,Vice-President By: f-fin ti David Geist, Authorized Agent b 4.' •:iUi..:iiitIXG iii•:G. :.S}S-i:� i.:w':ii.t•G::t.:.�d•.:1•tilt::wlF.'.'•::.i+.::.'i.::i:.':.':.�..:.......: i.,uw .................... .�..:,.....n..n.:..}44.. ?w'.F CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California M County of Orange5s On 6/12/08 before me, K. Luu, Notary Public (Here insert name and title of the officer) tai wS ersonall a eared Jeri Apodaca 3i €i p Y pp (, 1% f: } 1% who proved to me on the basis of satisfactory evidence to be the person(x) whose name(a) is/fie subscribed to the within instrument and acknowledged to me that Ixe/she/lbay executed the same in his/her/tb?eix authorized I` capacity(�w.>), and that by l3j�/her/1416r signature(s) on the instrument the person(x), or the entity upon behalf of r; i:i which the person(s) acted, executed the instrument. 1= it I certify under PENALTY OF PERJURY under the Iaws of the State of California that the foregoing paragraph is true and correct. K. Lull : _.•.,, Commission # 1778641 WITNESS my hand and official seal. Z Notary Public - California z Orange County ' 3: MY Comm.Expires Not 6,2011 : (Notary Seal) Signature of Notary Public in ADDITIONAL OPTIONAL INFORMATION `' INSTRUCTIONS FOR COMPLETING THIS FORM 3Si An acknowledgment completed in California must contain verbiage exact! as s �.; Y g P8 Y 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 recorded outside of California.In such instances, any alternatives sS acknowledgment verbiage as may be printed on such a document so long as the 1 E l (Title or description of attached document) verbiage does not require the notary to do something that is illegal fora notary in California (i.e. certifying the authorized capacity of the signer). Please check the it (Title or description of attached document continued) document carefullyfor proper notarial wording and attach this form ifrequired. p State and County information must be the State and County where the document Number of Pages Document 'r•E Date signer(s)s)Personall appeared before the nota ry Public for acknowledgment. fE 'ii • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. : j (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. i CAPACITY CLAM1ED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.o ssi 11 Individual(S) ke/she/tkey-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. { fEs 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. O Partner(s) 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 i ❑ Trustee(s) acknowledgment is not misused or attached to a different document. i Indicate title or type of attached document,number of pages and date. R ❑ Other ; 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 ..... .,.G.f4 xii..Fw ;v.^ .i i } f 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 person(&) whose nameW is/are subscribed to the within instrument and acknowledged to me that he, executed the same in hislheF/thew authorized capacity0e64, and that by hisiher/t#e# signature(O on the instrument the person(o, 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 Commission #F 1715043 i Notary Public -California WITNESS my hand and official seal. Contra Costa County Comm YesJan 12,2011 (Signature of Notary Public) L 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#6349072, Contra Costa County, RA 05-01185 (X-ref SD 03-08508) aka Phase 3,Japonica Way Civil Improvements Document Date: June 12, 2008 Number of Pages: 5 Signer(s) Other Than Named Above: Jeri Apodaca, Attorney-In-Fact (Surety) Capacity0es) 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 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 person(-64 whose names) iso% subscribed to the within instrument and acknowledged to me that helshelt#ey executed the same in histh,�e authorized capacity(W, and that by hisih.�ir signatures) 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 correct. CATHERINE M. TAYLOR Commission # 1715643 to Notary Public -California WITNESS my hand and official seal. Contra Costa County Camm be jm 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: Bond Rider#6349072, Contra Costa County, RA 05-01185 (X-ref SD 03-08508) aka Phase 3, Japonica Way 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.) Capacityfic*Claimed by Signer Signer's Name: Brian G. Olin ❑ Individual -- 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 Safeco Insurance Company of America General Insurance Company of America POWER Safeco Plaza e OF ATTORNEY Seattle,WA 98185 No. 9675 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint *****RHONDA C.ABEL;JERI APODACA;LISA K.CRAIL;LINDA ENRIGHT;JANE KEPNER;NANETTE MARIELLAWYERS;MIKE PARIZINO; RACHELLE RHEAULT;JAMES A.SCHALLER;Irvine, its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 31 st day of March 2008 STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Stephanie Daley-Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 12th day of June 2008 `Qp�CE yy CE cot# �y fid•o¢��rryQ.� �`-� O CORPORATE SEAL SEAL - 6�x� s, x 77 `rj I9�3 clt `� 1 X23 STEPHANIE DALEY-WATSON,SECRETARY Of Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF S-0974/DS 4/05