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Home My WebLink AboutMINUTES - 12202005 - C11 .a TO. BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORDS DIRECTOR DATE: December 20, 2005 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for SD 00-081491 San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): .In�l�l��nll.�l�l�i.+n��ll..I�M�nr.l.wnn�lll�u ADOPT Resolution No. 2005/ for SD 00-08149, accepting completion of landscape improvements for Subdivision Agreement (Right of Way Landscaping) for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASONS FOR RECOMMENDATIONS : The developer, Windemere BLC Land Company, LLC, has completed the landscape improvements per the Subdivision Agreement(Right of Way Landscaping), 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 maintenance/warranty period will not begin. Continued on Attachment:_, "' SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,,,APPROVE OTHER SIGNATURE (S): ACTION OF BO N APPROVED AS RECOMMENDED OTHER OTE OF SUPER SORS UNANIMOUS(ABSENT y y 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:rm, date shown. G:\GrpDataTngSvc1BO\2005\12-20\SD 00-08149 BO-45 DV.doc Originator: Public Works(ES) Contact:Teri Rie(313-2363) I.D.94-3291516 cc: Public Works -T.Bell,Construction Div. ATTESTED: -M.Valdez,M&T Lab JOHN SWEETS CIA of the Board of -L Bergeron,Mapping Div. -E.Hu,Engineering Svc. Supervisors and County Administrator -T.—October 20,2006 Sheriff-Patrol Div.Commander CHP,c/o Al CSAR—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 -- 'Deputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 777 San Marin Drive Novato,CA 94998 Attn:Kristin A.Gazzoli CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, C lerk-Recorder Recorded at the request of: DOC, 2005. 0496204. 00 Contra Costa County Board of Supervisors Wednesday, DEC 28, 2005 11:17:29 Return to: FRE $0.00 Public Works Department Tt I Pd $0,00 Nbr.0003059$ 0 Engineering Services DivisionI rc/RS/1_8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 20, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnierg Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ OO SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for SD 00-08149, San Ramon (Dougherty Valley) area. (District 111) These improvements are located along Adelaide Hills Court, Andreas Court, Allann-lere Court, Angsley Court, Angsley Lane, Andreas Way, Allanmere Drive, and Arrowfield Way. The Public Works Director has notified this Board that the Right of Way Landscaping improvements for SD 00-08149, .have been completed as provided in the Subdivision Agreement (Right of Way Landscaping)with Windemere BLC Land Company, LLC, heretofore approved by this Board; EH:rm G:\GrpData\EngSvc\BO\2005\12-20\SD 00-08149 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: -E.Hu,Engineering Svc. JOHN SWEETEN, Clerk of the Board of Supervisors and -T.—October 20,2006 N1 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 'ev Deputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 777 San Marin Drive Novato,CA 94998 Attn:Kristin A.Gazzoli RESOLUTION NO.2005/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for SD 00-08149, San Ramon (Dougherty Valley) area. (District III) DATE: December 20., 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape 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(Right of Way Landscaping): DATE OF AGREEMENT NAME OF SURETY April 9, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $65,000.00, Bond No. 11127507793 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 the Right-of-Way Landscaping improvements on Adelaide Hills Court, Andreas Court, Allaninere Court, Angsley Lane, Andreas Way, Allanmere Drive,and Arrowfield Way are ACCEPTED AS COMPLETE.Upon completion of the warranty and maintenance period,the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $1,300.00 cash deposit (Auditor's Deposit Permit No. 382409, dated March 1,2002)made by Windemere BLC Land Company.,LLC,and the performance/maintenance surety bond rider for $19,310.00, Bond No. 11127507793 issued by The American 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. V 00 0 V Ul'l Increase or Decrease Bond Penally Rider Rider to be attached to and form a part of Bond Number I 112750 7793 ., dated the 27th day of February.,2002 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. It is understood and agreed that the Bond Penalty is changed: From: One Hundred Twenty Eight Thousand Seven Hundred and no/100 dollars ($128,700.00) To: Nineteen Thousand Three Hundred Ten and no/100 dollars ($19,310.00) Effective: September 6, 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, aareements or warranties of the above mentioned Bond other than as stated above. Signed, sealed, and dated this. 15th day of September 2005 PRINCIPAL By: (see attached signature page) The American Insurance Companv SURETY B (Seal) ATTORNEY IN FACT K�ni A.Gazzoli 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: Ila Greg Nfni,Vice President By: Cindy Thomps ,Assistant Secre ry ACKNOWLEDGEMENT State of California ss. County of Marin On September 15,, 2005,, before me, Brenda J. Dickson, personally appeared Kristin A. Gazzoli, 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. D kson BRENDA J.DICKSON 0 COMM.#1596033 > n NOTARY PUBLIC-CALIFORNIA "0 < MWN COUNTY 0 j `, ,R=-' MY Comm.Ex res August 17,2= - VP FIREMAN'S FUND INSURANCE COMPANY NATIONAL:SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION a 4 TIIE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE,COMPANY GENERAL POWER OF ATTORNEY Tj KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Kristin A. Gazzoli of Novato, CA their true and lawful Attorney(s)-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 ratifying and confuming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under 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-President,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 WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 17 day of March 200T_ Of# y C Of FIREMAN'S FUND INSURANCE CONTANY float wa E�r NATIONAL SURE ORPORATION < ANIMCAN INS E COMPANY S E A 1J.:8 -Z WPTA1970 ASSOCIATED IND CORPORATION AMERICAN AUTOMOBIIE INS CE COWANY CE #VC touts 914"m C B STATE OF CALIFORNIA SS. B —/�j U COUNTY OF MARIN 1 .0001— lo,, Vice-ftesi&dt On this 17 day of March 2 0 0 3 before me personally came Harold N. Marsh 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 VnTNESS WMREOF, I have hereunto set my hand and affixed my official seal,the.day and year herein first above written. N- BRENDA J. DICKSON r O/S !, C_110'NAIM.#1318092 > 0 NOTARY PUBLIC-CALIFORNIA MARIN COUNTY 0 My Comm.Expires Awgust 17,2005.4 Notary lic STATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MAR.IN I 1, 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 t� day of Sep-+Cen L Y IL #N•Ric,)�N%s 717rQ4 1.4, LE Ott*q Cj ,!::� 1% ""1 0 ,% r 4�1 S� Cj 1� -1 -Z-. I N ,U. < A L 7- SEPT.3.197t7 C"ll It 4 #444 C> E CO `olr> 444 Resident Assistant Secretary rr,.,