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Home My WebLink AboutMINUTES - 12132005 - C16 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 13, 2005 SUBJECT: Accepting completion of improvements, Subdivision 04-08775, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/17-9 a for Subdivision 04-08775, accepting completion of improvements, Subdivision 04-08775, 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. p p Continued on Attachment: SIGNATURE: ... ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER P L�ii SIGNATURES ACTION OF BOV ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS ABSENT 0�� I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. TR:EH:sr G:\GrpData\EngSvc\BO\2005\12-13\SD 04-0775 BO-45 DV.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED. IIq/0�� Recording to be completed by COB I.D.94-3291516 JOHN SWEETEN, CIA of the Board of cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab Supervisors and County Administrator -I.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. -T.—10/13/06 Sheriff-Patrol Div.Commander By , Deputy CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Brian Olin,Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500,San Ramon,CA 94583 Jeri Apodaca,National Farmers Union Standard Insurance Company One Financial Plaza,10`"Floor,Hartford,CT 06103 1111111111111111111111111111111111111111111111111 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, C lerk=Recorder Contra Costa County DOC. 2005• 0481817. 00 Board of Supervisors Return to: Thursday, DEC 15, 2005 11:04:57 Public Works Department FRE $0.00 Engineering Services Division Tt I Pd $0,00 Nbr-0003043923 Irc/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/ 9'� SUBJECT*, Accepting completion of improvements, Subdivision 04-08775, San Ramon (Dougherty Valley) area. (District 111) These improvements are approximately located near Sherwood Way and Mornington Lane. The Public Works Director has notified this Board that the improvements in Subdivision 04- 08775 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:EH:sr I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2005\12-13\SD 04-0775 BO-45 DV.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie(313-2363) Supervisors on the date shown. Recording to be completed by COB I.D.94-3291516 cc: Public Works -T.Bell,Construction Div. ATTESTED: -M.Valdez,M&T Lab JOHN SWEETEN,'Clerk of the Board of Supervisors and -I.Bergeron,Mapping Div. -B.RLngan,Engineering Svc. County Administrator -T.—10/13/06 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Deputy Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Brian Olin,Windernere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500,San Ramon,CA 94583 Jeri Apodaca,National Farmers Union Standard Insurance Company One Financial Plaza,10th Floor,Hartford,CT 06103 RESOLUTION NO.20051 SUBJECT: Accepting completion of improvements, Subdivision 04-08775, 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 14, 2004 National Farmers Union Standard Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,099,000.00, Bond No. 4410154 issued by the above surety be RETAINED for the six month lien guarantee period until June 13, 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 Mornington Lane, Embleton Lane, Vernon Way, Melbourne Way, and Salisbury Way for the hereinafter described public roads, as shown and dedicated for public use on the Final Map of Subdivision 04-08775 filed December 20, 2004, in Book 473 of final maps at Page 1,Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths(Miles) Mornington Lane 3 6'curb/5 6'RW 0.30 Embleton Lane 36'curb/56'RW 0.06 Vernon Way 36'curb/56'RW 0.12 Melbourne Way 3 6'curb/5 6'RW 0.13 Salisbury Way 3 6'curb/5 6'RW 0.13 Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Company,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 $21,980.00 cash deposit (Auditor's Deposit Permit No. 434405, dated November 10, 2004) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$326,403.00,Bond No.4410154 issued by National Farmers Union Standard Insurance Company 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. 90 RIDER To be attached to and form part of: Bond Number 4410154 Dated 10/27/04 issued by the National Farmers Union Standard Insurance Company in the amount of $2,176,020.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of COUNTY OF CONTRA COSTA (ObliRee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Band Amount shall be amended: FROM: $2,176,020.00 To: $326,403.00 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 14th day,of September, 2005. Signed, Sealed &Dated this 14th day of September, 2005. 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: Greg Pomi, Vice President By: Dee Baker, Assistant Secretary National Farmers Union Standard Insurance Company (Surety) By: Jeri po ttorney in-Fact Y R CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran On September 16-, 2005 before me, D�inall,Pry, Notary Public, personally appeared Greg Pom„i 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 officia ealR `o. DINA N TY Commission# 145361 Notary Public -California 00, Orange County My Comm.Expires Nov 23,2007 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 SIGNER IS REPRESENTING: Greg Pomi--Vice President Lennar Homes of California Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. I _�._II.Y�.1_.._IYY_YYYY�..._ 1_I..YYY.YY..MYYY__.1111._IY__II_.YY_I I_IYYI�..Y._ . I� I._YYY.Y..Y_IYY DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Suretv Bond No. 4410154 Number of Pages: one (1) I�._.Y___._._. Date of Document: Septeml ber 14,2005 Signers (other than those named above):Jeri Apodaca ,_ .I_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On September 14 2005 before me, G.L.Reza,Notary Public 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- F1proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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 behalf of which the person(s) acted, executed the instrument. G. L. REZA COMM. #1395003 Q NOTARY PUBLIC-CALIFORNIA 2 C WITNUSS y1d and official seal. ORANGE COUNTY My Comm.Exp, Jan. 21, 2007 woo 0* aNATURE OF 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 F-1 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 O 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 NATIONAL FARMERS UNION STANDARD► INSURANCE COMPANY [in the process of being renamed Quanta Indemnity Company] New York City,New York 10020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company], a Colorado corporation,(hereinafter the"Company"), does hereby constitute and appoint: Jeri Apodaca of Irvine,California to be its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign, seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal sum not to exceed FIFTY MILLION AND 00/100 DOLLARS ($50,000,000.001 each,and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC. Section 2. All bonds,undertakings, contracts,and other instruments, other than as above for and on behalf of the Company which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman,if any, or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company] has been affixed thereto in New York City,New York this 26th day of March,2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] -14 By Walda Decreus,Assistant Secretary 1968 o STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this 26th day of March, 2004,before me, a Notary Public,personally came WALDA DECREUS, to me known, and acknowledged that she is an Assistant Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company]; that she knows the seal of said corporation;and that she executed the above Power of Attorney and affixed the corporate seal of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company] thereto with the authority and at the direction of said corporation. Carol E.Cincola Notary Public-State of New Yor No.01C 14759623 Notary Public Qualified in Westchester County My Commission Expires June 30,2006 CERTIFICATE I,the undersigned, Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company], do hereby certify that the foregoing Power of Attorney is still in full force and effect, and further certify that Article XVIII, Sections 2 and 3 of the By-laws of the Company are now in force. 14th September IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this day of 52005. B y Martha G.WAnnerman, Secretary AN �k4STnN04,6 1968 M