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Home My WebLink AboutMINUTES - 12202005 - C10 T O. BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 20, 2005 SUBJECT: Accepting completion of improvements, Subdivision 00-08149, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005 for Subdivision 00-08149,accepting completion of improvements,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 improvements are complete in accordance with the improvementp lans and the ordinance code. d Y CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be accepted as complete. Continued on Attachment: SIGNATURE: �i.... ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,,ZAPPROVE OTHER SIGNATURES : ACTION OF BO ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT I hereby certify that this is a true and correct AYES: NOES:I copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the EH:rn1 date shown. G:\GrpData\EngSvc\BO\2005\12-20\SD 00-08149 BO-45.doc Originator: Public Works(ES) Contact:Teri Rie(313-2363) I.D.94-3291516 ATTESTED: cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab JOHN SWEETS ,, Clerl of the Board of -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. Supervisors and County Administrator -E.Hu,Engineering Svc. -T.—October 20,2006 .. Sheriff-Patrol Div.Commander , CHP,c/o AI CSAA—Cartog , Deputy C.Low,City of San Ramon Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 777 San Marin Drive Novato,CA 94995-2000 Attn:Kristin A.Gazzoli CONTRA COSTA Co Recorder Office STEPHEN L. WEIR C1erk-Re d Recorded at the request of: DOC" 200 �0496205�00 Contra Costa County Wednesday, DEC 28, 2005 11:17:33 Board of Supervisors FRE $0.00 Return to: Public Works DepartmentTt I Pd $0,00Nor ��3 .. Engineering Services Division r c/R9/1-7 THE BOA" OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 20,, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulniier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ 7�TCtj SUBJECT: Accepting completion of improvements, Subdivision 00-08149, San Ramon (Dougherty Valley) area. (District 1111) These improvements are approximately located east of Bollinger Canyon Road near Windemere Parkway. The Public Works Director has notified this Board that the improvements in Subdivision 00- 08149 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. EH:rm G:\GrpData\EngSvc\BO\2005\12-20\SD 00-08149 BO-45.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works -T.Bell,Construction Div. I hereby certify that this is a true and correct copy of an -M.Valdez,M&T Lab action taken and entered on the minutes of the Board of -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. Supervisors on the date shown. -E.Hu,Engineering Svc. -T.—October 20,2006 Sheriff-Patrol Div.Commander ATTESTED: CHP,c/o Al JOHN SWEETEN, Clerk of the Board of Supervisors and CSAA—Cartog C.Low,City of San Ramon County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Brian Olin Deputy The American Insurance Company 777 San Marin Drive . ................. Novato,CA 94995-2000 Attn:Kristin A.Gazzoli RESOLUTION NO.2005/ SUBJECT: Accepting completion of improvements, Subdivision 00-08149 San Ramon (Dougherty Valley) area. (District III) DATE: December 20, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 20,2005 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 BANK/SURETY February 12, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$584,000.00, Bond No. 11133599248 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 Adelaide Hills Court,Andreas Court,Allanmere Court, Angsley Lane,Andreas Way,Allanmere Drive,and Arrowfield Way the hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 00-08149 filed March 1, 2002,in Book 439 of Maps at Page 32,Official Records of Contra Costa County,State of California, are ACCEPTED as COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Adelaide Hills Court 36'curb/48'RW 0.11 Andreas Court 36' curb/48'RW 0.03 Allanmere Court 36'curb/48'RW 0.03 Angsley Lane 36' curb/56'RW 0.10 Andreas Way 36'curb/56'RW 0.14 3 6' curb/4 8'RW 0.02 Allanmere Drive 36'curb/56'RW 0.23 Arrowfield Way 36' curb/56'RW 0.15 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$11,700.00 cash deposit(Auditor's Deposit Permit No.378574,dated December, 11,200 1)made by Windemere BLC Land Company,LLC and the performance/maintenance surety bond rider for$173,445.00,Bond No. 11133599248 issued by The American Insurance Company be p y RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. The developer will maintain and own the improvements during the warranty period. All deposit permits are on file with the Public Works Department. Increase or Decrease Bond Penalt Rider Rider to be attached to and form apart of Bond Number 11133599248 dated the 301h _day of November—,2001 executed by The American Insurance Company Surety, on behalf of Windemere BLC Land Com an LLC Principal, and in favor of the County of Contra Costa Obligee for SUB 8149, Phase I!, Village 10. -1P' It is understood and agreed that the Bond Penalty is changed: From: One Million One Hundred Fifty Six Thousand Three Hundred and NO/I 00's Dollars ($1,156,300.00) To: One Hundred Seventy Three Thousand Four Hundred Forty Five and NO/100's Dollars ($173,445.00) Effective: June 16,, 2005 Provided, however, that the aggregate liability of the Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. The liability of the Principal and the Surety under the Bond and under the Bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive,, alter or extend any of the terms, conditions, agreements or warranties of the above mentioned Bond other than as stated above. Signed, sealed, and dated this 26h day of July 2005 . PRINCIPAL By*- (See attached signature page) The American Insurance Company SURETY 2v B ;g,/f"916C2442-lv (Seal) Eileen M.Robison ATTORNEY IN FACT, Increase or Decrease Bond Penal Rider to be attached to and form apart of Bond Number 1113359 9248 dated the 301h_day of November,2001 executed by The American Insurance CoMpany , Surety, on behalf of Windemere BLC Land Compan LLC Principal, and in favor of the County of Contra Costa Obligee A for SUB 8149, Phase 1, Village 10. -AW It is understood and agreed that the Bond Penalty is changed: From: One Million One Hundred Fifty Six Thousand Three Hundred and NO/100's Dollars ($1,15{,300.00) To: One Hundred Seventy Three Thousand Four Hundred Forty Five and NO/loo's Dollars($173,445.00) Effective: June 16, 2005 Provided, however, that the aggregate liability of the Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. The liability of the Principal and the Surety under the Bond and under the Bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to-vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the above mentioned Bond other than as stated above. Signed, sealed, and dated this e)gth day of July 2005 . PRINCIPAL By: (See attached signature page) The American Insurance Company SURETY B (Seal) Eileen.M.Robison ATTORNEY IN FACT 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 Pok,Vice President By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 27, 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. „:..y DINa PRINTY Commission#1453610 a Notary Public•California Orange County My:Comm.Expires Nov 28,2007 O PTIONAL 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. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Increase or Decrease Rider for Surety Bond No. 111 3359 9248 Number of Pages: Two (2) Date of Document: July 26, 2005 Signers (other than those named above):Eileen M. Robison ACKNOWLEDGEMENT State of California Iss. County of Marin On July 26, 2005 before me, Brenda J. Dickson, personally appeared Eileen M. Robison, 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 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. WITNESS my hand and official seal. SIGNATURE (Seal) Brenda J. i kson r BRENDA J. MCKSON0 COMM.#13180924iip NOTARY PUBLIC-CALIFORNIA MARL N COUNTY a My Comm.Expires August 17,2005"� FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY 111ESE.PRESENTS: That FIREMAN'S. FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation,THE AbTMCAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEN94M CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof-- ————--———— and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby mffying and confirming all that the said Attomey(s)-in Fact may do in the premises. This power of attorney is granted cinder and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of.Directors of each of the Companies at.a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: ".RESOLVED,that the signature of any Vice-Presidents Assistant Secretary.,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and.binding upon the Companies" IN SS VAEEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 2nd day of_ November 2 0 O FIREMAN'S FUND INSURANCE COMPANY G�ppY�C:O r.+,OEr.M 1 rr", 1►N S rG ,��►�a �, .��Q6 !11(�'� (� --" .••••. Ca t�,.�••• ti� •+ .•'l�:- ~••. NATIONAL SURETY CORPORATION TIS AMERICAN INSURANCE COMPANY 1_ g?SEA L=o- ZSEPT.x`197'° a b= zr, f :, ASS INDEMNITY CORPORATION QC6,�CINd�Q.� Zyi •i: ` tri �' ti•` G,p� ti.t Q}e ,? O~r`` AMERICAN AUTOMOBILE IN CE COMPANY �/ s y 4aa•..+` co NCE STATE OF CALIFORNIA SS. By- COUNTY OF MARIN Vice President on this 2nd -day of November , 2 0 01 ,before me personally came Donn R. Ko lb e ck to me known,who,being by me duly sworn,did depose and say:that he is a Vice President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the;said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WrIN S NVIIEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. r •,,,,,,. KRISTIN A.GAZZOLI COMM.#1262236 O 0 NOTARY PUBLIC-CALIFORNIA �{ r ' • MARIN COUNTY 0 ` My Comm.Expires Apd!29,2004 N li STATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MARIN L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 1 da of ` -- � ty y Q`�CO 'r +'l► r��'ii, �•lA�H.s f �4'O�oVjC•f itl .�``�`�.�...:,'`Y/,,�i A �� "I `rte V` .•►.++i r0-� `4'a•'w./CN G,=, +� te'�'4i `�`��•.• ,.' ,�� 'Q =fir, � • �= � a �, O j �<:•�!� •:�+'`� Z SEPT.3.1970 =v a- = ?. = c c,r,d► p - •..,• 904. Resident Assistant��etaryCE C� '�KCE C ''4i/ t�`'� e'er �•