HomeMy WebLinkAboutMINUTES - 12132005 - C17 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 13, 2005
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SUBJECT: Accep tin completion of improvements, Subdivision 04-08777, San Ramon (Dougherty Valley)
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
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RECOMMENDATION(S):
ADOPT Resolution No. 2005/ for Subdivision 04-08777, accepting completion of improvements,
Subdivision 04-08777, San Ramon(Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATIONS :
The er develop pan Windemere BLC Land Company, LLC, has completed the subdivision improvements per the
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Subdivision Agreement, and in accordance with the Title 9 of the County Ordinance Code.
CONSEQUEN(--'.ES OF NEGATIVE ACTION:
The completion of improvements will not be accepted and the warranty period will not begin.
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Continued on Attachment: SIGNATURE: Y p
uo-ICECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
'PROVE OTHER
SIGNATURE S
ACTION OF BO Z ON APPROVED AS RECOMMENDED OTHER
7
VOTE 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:cm
G:\GrpData\EngSvc\BO\2005\12-13\SD 04-08777 BO-45 DV.doc
Originator: Public Works(ES) 1!Aj11d0000*"'
Contact: Teri Rie(313-2363)
I.D.94-3291516 JOHN SWEETEN, Clerk of the Board of
cc: Public Works -T.Bell,Construction Div. Supervisors and County Administrator
-M.Valdez,M&T Lab
-1.Bergeron,Mapping Div.
-B.Balangan,Engineering Svc.
-T.—October 13,2006
nia
Sheriff-Patrol Div.Commander gZ..a
CHP,c/o Al
CSAA—Cartog
Windemere BLC Land Company,LLC
Attention:Brian Olin 6121 Bollinger Canyon Road,Suite#500,San Ramon,CA 94583
National Farmers Union Standard Insurance Company
Attention:Jeri Apdoaca, One Financial Plaza, 10`'Floor,Hartford,CT 06103
1111111111111111111111111111111111111111111111111
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder
Contra Costa County D O � 2005�04818 2 6, 00
Board of Supervisors
Return to: Thursday, DEC 15# 2005 11:04:54
Public Works Department FRE $0.00
Engineering Services Division Tt I Pd $0,00 Nbr=0003043922
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,Piephog DeSaulnierg Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
"SOLUTION NO. 2005/
SUBJECT: Accepting completion of improvements, Subdivision 04-08777, San Ramon
(Dougherty Valley) area. (District 111)
These improvements are approximately located near East Branch Parkway.
The Public Works Director has notified this Board that the improvements in Subdivision 04-
08777 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:cm I hereby certify that this is a true and correct
G:\Gi-pData\EngSvc\BO\2005\12-13\SD 04-08777 BO-45 DV.doc copy of an action taken and entered on the
Originator: Public Works(ES) minutes of the Board of Supervisors on the
Contact: Teri Rie(313-2363) date shown.
Recording to be completed by COB
I.D.94-3291516 ATT E ST E D:
cc: Public Works -T.Bell,Construction Div. JOHN R. SWEETEN, lerk of the Board
0 .
1.Bergeron,Mapping Div.
Cif'uperrvi s and CountyM rator
-
-B.Balanger,Engineering Svc. Ely. Deputy
-T.—October 13,2006
Sheriff-Patrol Div.Commander
CHP,c/o Al
CSAR—Cartog
Chris Low,City of San Rai-non
2222 Camino Ramon San Ramon,CA 94583
Windermere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite#500,San Ramon,CA 94583
Attention:Brian Olin
National Farmers Union Standard Insurance Company
One Financial Plaza,10"'Floor,Hartford,CT 06103
Attention:Jeri Apodaca
RESOLUTION NO.2005/
SUBJECT: Accepting completion of improvements, Subdivision 04-08777, San Ramon
(Dougherty Valley) area. (District 111)
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 7, 2004 National Farmers Union Standard
Insurance Company
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,486,000.00,
Bond No. 4410153 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 Sherwood Way, Chancery Way, York-Lane,Hastings
Way, Mandy Way, Dalton Way, Glencoe Circle, and Sherwood Way for the hereinafter described
public roads,as shown and dedicated for public use on the Final Map of Subdivision 04-08777 filed
December 20,2004,in Book 472 of final maps at Page 40,Official Records of Contra Costa County,
State of California, are ACCEPTED AS COMPLETE.
Road Name Road-R/W Widths Lengths MilesA
Sherwood Way 3 6'curb/60'RW 0.21
Chancery Way 3 6' curb/5 6' RW 0.20
York Lane! 3 6' curb/5 6' RW 0.07
Hastings Way 3 6' curb/5 6' RW 0.11
Mandy Way 3 6' curb/5 6 RW 0.01
Dalton Way 3 6' curb/5 6' RW 0.01
Glencoe Circle 36' curb/5 6' RW 0.29
Sherwood Way 3 6' curb/5 6' RW 0.01
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 $29,720.00 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$441,342.00,Bond No.4410153 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.
a.5r/1 0 1
RIDER.
To be attached to and form part of:
Bond Number 4410153
Dated 10/27/04
issued by the National Farmers Union Standard Insurance Company
in the amount of $23942,280.00
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: $2,942,280,00
T O: $441,342.00,
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 Mem er
By:
Greg Pomi, Vice President
By:
Dee Baker, Assistant Secretary
National Farmers Union Standard Insurance Company
(Surety)
By: ,._. k ►
Jeri...Apo me in-Fact
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Mate of California
County of Ora
On September 15 2005 before me, Dina Prints, Notary Public, personally
appeared
_I_ � personally
Cre Pomi and Dee Baker, ersonally known to me to be the persons whose
names are subscribed to the within instrument and acknowledged to me
that the executed the same in their authorized capacity, and that by their signatures
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on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
�;ti-;fy DINA PRINTY
hand and official seal.
'�''""~' Commission# 1453bi 0
Z �4 F Notary Public•California
Orange County
„ p'r' iy Comm.Expires Nov 28,2007
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:
GregPoomi --Vice President Lennar Homed of California, Inc.
Dee Baker- Assistant. Secretary
L_enna,r Homes of(California, Inc.
II��I�I-II II��.�II� I
..II I�.I�I�II�■ .11�.�1II.WI�YI.�. �Il.�q��l . I I.�IIYI�I
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. .144 0153
Number of Pages; One (1) I_
Date of Document: September 14,,2045
-
Signers {other than those named above}:Jeri Apodaca
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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- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed Zo 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.. R EZA I�
COMM. #1395003
a abs
0M
NOTARY PUBLIC-CALIFORNIA �
ORANGE COUNTY n WITNES m hand and official seal.
My��rnm.��p� fan. 21, 2007
SIGNATURE 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
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNERS LIMITED
GENERAL
®
ATTORNEY-IN-FACT
F-1 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-40671GEEF 2/98 071993 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:
.Teri Apodaca
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f Irvine California to be its true and lawful Attorney(s)-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 001100 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]
By
Walda Decreus,Assistant Secretary
�a%y'S'ANp�
1968
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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 York. , r
No.01 C 14759623
Qualified In Westchester County
Notary Public
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
2005
By f ,...
Martha G.Bannerman,Secretary
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