Loading...
HomeMy WebLinkAboutMINUTES - 12132005 - C14 T O: BOARD OF SUPERVISORS cot FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 13, 2005 SUBJECT: Accepting completion of improvements, Subdivision 03-08717, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/q +-&- for Subdivision 03-08717, accepting completion of improvements, Subdivision 03-08717, 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 subdivision improvements per the Subdivision 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 rY Q�u SIGNATURES : ACTION OF BOA ON APPROVED AS RECOMMENDED OTHER V TE 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 of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:sr G:\GrpData\EngSvc\BO\2005\12-13\SD 03-08717 BO-45 DV.doc oe Originator: Public Works(ES) ATTESTED: ! d Contact: Teri Rie(313-2363) Recording to be completed by COB JOHN SWEETEN, Clerk of the Board of I.D.94-3291516 Supervisors and County Administrator cc: Public Works -T.Bell,Construction Div. -•M.Valdez,M&T Lab -1.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. -T.—10/13/06y puty Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Brian Olih,Windemere BLC Land Companies,LLC 6121 Bollinger Canyon Road,Suite 500,San Ramon,CA 94583 Jeri Apodaca,Fidelity and Deposit Company of Marland 225 S.Lake Avenue,Suite 700,Pasadena,CA 91101 CONTRA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder Contra Costa County Board of Supervisors DOC200 0481813" 0 0 Return to: Thursday, DEC 15, 2005 11:04:46 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $010 Nor-0003043919 1 rc/RS/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 13, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ "�- SUBJECT: Accepting completion of improvements, Subdivision 03-08717, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway and Longleaf Circle. The Public Works Director has notified this Board that the improvements in Subdivision 03- 08717 have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TR:sr G:\GrpData\EngSvc\BO\2005\12-13\SD 03-08717 BO-45 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.94-3291516 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -I.Bergeron,Mapping Div. ATTESTED: d -B.Balangan,Engineering Svc. JOHN SWEET N, Clerkof the Board of Supervisors and T.—10/13/06 p Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Deputy Brian Olih,Windemere BLC Land Companies,LLC p y 6121 Bollinger Canyon Road,Suite 500,San Ramon,CA 94583 Jeri Apodaca,Fidelity and Deposit Company of Marland 225 S.Lake Avenue,Suite 700,Pasadena,CA 91101 RESOLUTION NO.2005/ SUBJECT: Accepting completion of improvements, Subdivision 03-08717, San Ramon (Dougherty Valley) area. (District III) DATE: December 13, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 13,2005 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 SURETY December 9 2003 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,414,500.00, Bond No. 08719202 issued by the above surety be RETAINED for the six month lien guarantee period until June 20, 2006, 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 Longleaf Circle, Avalon Way, Rosemount Lane, and Avalon Court for the hereinafter described public roads, as shown and dedicated for public use on the Final Map of Subdivision 03-08717 filed December 15,2003,in Book 459 of final maps at Page 46, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Longleaf Circle 3 6'curb/5 6'RW 0.57 Avalon Way 3 6'curb/5 6'RW 0.18 Rosemount Lane 3 6'curb/5 6'RW 0.18 Avalon Court 3 6'curb/4 8'RW 0.11 Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Companies, LLC, shall retain the subdivision improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$28,300.00 cash deposit(Auditor's Deposit Permit No.409852,dated August 51 2003) made by Windemere BLC Land Companies, LLC, and the performance/maintenance surety bond rider for$420,110.00,Bond No. 08719202 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. All deposit permits are on file with the Public Works Department. RIDER To be attached to and form part of: Bond Number 08719202 Dated 7/28/03 issued by the Fidelit and De sit Com an of Mar land in the amount of $2L800.700.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of COUNTY OF CONTRA COSTA (Obligee) Now therefore it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Bond Amount shall be amended: FROM: $2,800,700,00 To: $420,110,00 It is further understood and agreed that all other terms and conditions of this band shall remain unchanged. This Rider is to be Effective this 12th day of September, 2005. Signed, Sealed &Dated this 12th day of September 2005. WINDEMER.E 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: , &L Greg Pomi, Vice President By: Dee Baker, Assistant Secretary Fidelity and Deposit Compan-of Marland (Surety) B - y` fe:r. A c ,Attorne -in-F act T L CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran e On September 16, 2005 before me, Dina Prints, Notary Public, personally appeared Greg Pomi and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and-acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. E}INA PRiNTY ommission# 1453610 as �., ? =r: ' ,t►? Notary Public-California Orange County My Comm,Expires Nov 28,2007 OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Greg_Pomi —Vice President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 08719202 Number of Pages: One (1) Date of Document: September 12, 2005 Signers (other than those named above):Jeri Apodaca CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On September 12 2005 before me, G.L.Reza DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jeri Apodaca NAME(S)OF SIGNER(S) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon . G. L. REZA 4 behalf of which the person(s) acted, executed the instrument. o •a COMM. #1395003 g m► o NOTARY PUBLIC-CALIFORNIA s ORANGE COUNTY a ' My Comm,Exp, Jan. 21, 2007 WITNES y ha an o icial seal. ,` IGNATU F NOTARY G.L.Reza OPTIONAL Though the data below is not required by law,, it may prove valuable to persons relying On the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT F-1 INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) F-1 PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Power of Attorney qW 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 V1,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 ate,constitute and appoint Jen" APODACA,of Irvine,California, its true and lawful a e ac ke,execute,seal and deliver,for,and on its behalf as surety,and as its act and dee 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 ac gularly elected officers of the Company at its office in Baltimore,Md.,in p rs e attorney revokes that issued on behalf of Jeri APODACA,dated 7, The said Assistant a t the extract set forth on the reverse side hereof is a true copy of Article VL Section 2,of the By- a any,and is now in force. IN WITNESS 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 10 DEP0, 1P 01 Z By: T.E.Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland SS: City of Baltimore I 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 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 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 1 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 12th dayof September 2005 Assistant Secretary