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HomeMy WebLinkAboutMINUTES - 12132005 - C5 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,,PUBLIC WORKS DIRECTOR DATE: December 13., 2005 SUBJECT: Accepting completion of improvements for Culvert#5 at Windemere Parkway, RA 03-01150, (cross-reference Subdivision 00-08507),San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005 for RA 03-01150 (cross-reference Subdivision 00-08507), accepting completion of improvements for Culvert#5 at Windemere Parkway 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 road 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 &.4PPROVE OTHER SIGNATURES : 1 7 ACTION OF BO V ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct *St UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the TR:n-n ABSENT: ABSTAIN: date shown. G:\GrpData\EngSvc1B012005\12-131RA 03-01150 B045 DV.doc Originator: Public Works(ES) Contact: Teri Rie(313-23Q) I.D.94-3291516 ATTESTED: 0`0 cc: Public Works -T.Bell,Construction Div. JOHN SWEETEN 1. -M.Valdez,M&T Lab . Clerk of the Board of -I.Bergeron,Mapping Div. Supervisors and County Administrator -C.Mohammed,Engineering Svc. -T.—October 13,2006 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Deputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite#500 San Ramon,CA 94583 Attention:Brian Olin Safe Co Insurance Company of America 330 North Brand Blvd.,Suite#1000 Glendale,CA 91203 Attention:Grace Reza CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Contra Costa County DOC. 2005, 048 1 08.,,,.00 Board of Supervisors Return to: Thursday, DEC 15, 2005 11:04:20 Public works Department FRE $10.00 Engineering Services Division T61 Pd $0,00 Nbr-0003043914 Irc/RS/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 13, 2005, by the following vote: AYES: Gioia,Piepho,DeSaulnierg Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: Accepting completion of improvements for Culvert#5 at Windemere Parkway,RA 03-01150,(cross-reference Subdivision 00-08507), San Ramon(Dougherty Valley) area. (District 111) The Public Works Director has notified this Board that the improvements for RA 03-01150 (cross-reference Subdivision 00-08507)have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board; TR:rm G:\GrpData\EngSvc\BO\2005\12-13\RA 03-01150 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 -1.Bergeron,Mapping Div. ATTESTED.-. -C.Mohammed,Engineering Svc. -T.—October 13,2006 JOHN SWEETEN, Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander County A r County srra ,or- CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,,CA 94583 Windemere BLC Land Company,LLC By mom" Deputy 6121 Bollinger Canyon Road,Suite#500 San Ramon,,CA 94583 Attention:Brian Olin Safeco Insurance Company of America 330 North Brand Blvd.,,Suite#1000 Glendale,CA 91203 Attention:Grace Reza RESOLUTION NO.2005/n:tO9 SUBJECT: Accepting completion of improvements for Culvert#5 at Windemere Parkway,RA 03-01150, (cross-reference Subdivision 00-08507), 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 Road Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY June 8, 2004 Safeco Insurance Company of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for$344,000.00, Bond No. 624 3454 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 Culvert #5 at Windemere Parkway, the hereinafter described public improvements, are ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Company, LLC, shall retain the road 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$6,880.00 cash deposit(Auditor's Deposit Permit No.419035,dated February 5,2004)made by Windemere BLC Land Company,LLC,and the performance/maintenance surety bond rider for$102,170.00,Bond No. 624 3454 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. All deposit permits are on file with the Public Works Department. RIDER To be attached to and form.part of: Bond Number 6243454 Dated 1/29/04 issued by the Safeco Insurance Company of America in the amount of $681,120.00 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: $681,120.00 To: $102,17,_,0_ 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 12th day of September, 2005. Signed, Sealed & Dated this 12th 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: a'k' Dee Baker, Assistant Secretary Safeco Insurance Company of America (Surety) By: ,/Grace Reza, Attorney ' -Fact w. w CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of C a l ifo rn i s County of O ra n ge On September 16, 2005 before me, Dina Prints, Notary Public, personally appeared „Greg P„m,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 L , r�r D'NApllTr [-/{./ `�.J Commission# 1453610 ,-------- �.�F,� :, Notary Publio•Caufornia J llSO Orange County .� ����� My 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: Gree Pomi --Vice President Lennar Homes of California, Inc. ��ir.l��ri��nrr�i■i�•rirrr-i rrrr•ir_�•�i_ • _- • -�� r��_ r�_r�•r Dee. Baker- Assistant. Secretary Lennar Homes of California, Inc. wr�r�irrrr_I•r_iii i r_urr_ow�i .rl�rrrgr__•r�r�• r_rrrrr - �n��rn�i �rrrrrrr��•� DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 6243454 Number of Pages: One (1) Date of Document: September 12, 2006 Signers (other than those named above):Grace Reza CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On September 12 2005 before me, Jeri Apodaca , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Grace Reza NAME(S)OF SIGNER(S) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) p Y 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. 40 JERI APODACA Comm.#1379729 NOTARY PUBLIC-CALIFORNIA �, WITNESS m hand and official seal. Orange County y A 1M My Comm.Expires Oct.12,M6 t' JL el�071 SIGN URE OF NOTAR Jeri Apodaca 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) ❑ PARTNER(S) F-1 LIMITED F-1 GENERAL ® ATTORNEY-IN-FACT F-1 TRUSTEE(S) F-1 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 2198 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 ` + r T POWER Safeco Insurance Companies .................................. PO Box 34526 O F ATTO RN EY Seattle,WA 98124-1526 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;ALEXIS H.BRYAN;LINDA ENRIGHT;JANE KEPNER;NANETTE MARIELLA-MEYERS;MIKE PARIZINO; GRACE REZA;RACHELLE RHEAULT;ROSA E.RIVAS;JAMES A.SCHALLER;ASHLEY K.WARD;Irvine, its true and lawful attomey(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 3rd day of June 2005 STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,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 attomeys-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,1 have hereunto set my hand and affixed the facsimile seal of said corporation this 12th day of September 2005 :SAL SEAL .. STEPHANIE DALEY-WATSON,SECRETARY S-0974/DS 4/05 Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF