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HomeMy WebLinkAboutMINUTES - 12202005 - C12 fp rL4i 9ypG.. y Ir T O: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: December 20, 2005 SUBJECT: Accepting completion of improvements, Subdivision 04-08773, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S : ADOPT Resolution No. 2005/ for Subdivision 04-08773,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 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. CONS.E,QU, ENCES.OF NEGATIVE ACTION: The completion of improvements will not be accepted and the warranty period will not begin. Continued on Attachment: ( SIGNATURE: fir N, ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE 'PROVE OTHER (00� SIGNATURES . ACTION OF B7V ( ON f ' ' ( APPROVED AS RECOMMENDED r THER VOTE OF SUPERS I hereb cert_ that this is a true and correct UNANIMOUS(ABSENT ) y y AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the BB:rm G:\GrpData\EngSvc\BO\2005\12-20\SD 04-08773 BO-45 DV.doc date shown. 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 SWEET , C l e k dthe Board of -I.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. Supervisors and County Administrator -T.—October 20,2006 Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon , Deputy 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Attn:Grace Reza CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk=Recorder Contra Costa County ,� 4 9 6 0 3...0 0 DOCiiiiiis 200 � Board of Supervisors Return to: Wednesday, DEC 28, 2005 11:17:23 Public Works Department FRE $0.00 048 Engineering Services Division Tt I Pd VA Nbr=6003059uio 1 rc/RSA'1. 7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 20, 2005,by the following vote: A t TT!M AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema ?�[.OES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/&:>1 SUBJECT: Accepting completion of improvements, Subdivision 04-08773, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near East Branch Parkway. The Public Works Director has notified this Board that the improvements in Subdivision 04- 08773 have been completed as provided in the Subdivision Agreement with Windemere Land Company,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. BB:rm G:\GrpData\EngSvc\BO\2005\12-20\SD 04-08773 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: , -B.Balangan,Engineering Svc. JOHN SWEETEN Clerk f the Board T. October 20,2006 of Supervisors and Sheriff-Patrol Div.Commander County Administrator CHP,c/o AI CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Deputy Windemere BLC Land Company,LLC y , p y 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA 91101 Attn:Grace Reza RESOLUTION NO.2005/ SUBJECT: Accepting completion of improvements, Subdivision 04-08773, 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 SURETY December 7, 2004 Arch Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,031,000.00, Bond No. SU5009147 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 Wycliffe Court, Arden Court, Milton Court, Quimby Court,Ingleton Way,Wycliffe Lane,Banbury Drive,and Chancery Way for the hereinafter described public roads,as shown and dedicated for public use on the Final Map of Subdivision 04-08773 filed December 14,2004, in Book 472 of final maps at Page 14 and Page 22., Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Wycliffe Court 36'curb/48'RW 0.07 Arden Court 36' curb/48' RW 0.02 Milton Court 36' curb/48'RW 0.01 Quimby Court 36' curb/48'RW 0.03 Ingleton Way 3 6' curb/5 6'RW 0.03 Wycliffe Lane 3 6' curb/5 6'RW 0.18 Banbury Drive 3 6' curb/5 6'RW 0.20 Chancery Way 36' curb/56'RW 0.10 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$20,620.00 cash deposit(Auditor's Deposit Permit No.428422,dated July 21, 2004)made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $306,207.00, Bond No. SU 5009147 issued by Arch 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. RIDER To be attached to and form part of.- Bond f:Bond Number SU 5009147 Dated 7/09/04 issued by the Arch Insurance Company in the amount of $230413380.00 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: $2,041,380.00 TO: $306,207.00 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 12th da, of September, 2005. Signed, Sealed & Dated this 12th da, 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: jKdot...' Greg PQmi, Vice President By: a t" - Dee Baker, Assistant Secretary Arch Insurance Company (Surety) By. ,_- race Reza, Attorne n-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 16, 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 eal. DINA PR114TY ! s Commission# 1453610 Notary Public-California z 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: 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: Suretv Bond No. SU5009147 Number of Pages: One 0) Date of Document: September 12, 2005 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) 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. .��. JERI APO7 97�� Y CA Comm.#1�1., WITNESS m hand and official seal. NOTARY PUBLIC-CALIFORNIA Orange County `~ My Comm.Expires Oct.12,2006 S GNA RE 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) F-1 PARTNER(S) 0 LIMITED [: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 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel, Jeri Apodaca, Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rochelle Rheault,Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) its true and lawful Attorne'y(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver,bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution Of such bonds and undertakings in pursuance of the$6­.pre$ents.-shall be as binding upon the said Company as fully and amply to all intents and purposes,as'if the same ba''d..666h,duly executed and acknowledged b ' its y regulariv elected officers'at its principal office in Kansas City soun. Mis This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on-March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as�being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President,.or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant.to the resolution adopted by the Board of Directors on March 3.2003,and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. 0OML0013 00 03 03 Page I of 2 Printed in U.S.A. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 14th day of June 2005____. Attested and Certified Arch Insurance Company Since CORPORATE SEAQ. 1971 Mary Jea a An rson,ice President Edward M. Titus,Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINKUS,.Notary Pubti City of Philadelphia,Phila.Crounty Kathleen Marcinkus, N Lary Public My Oomrrssion Expires Febua 2a,2006 My commission expires 2-25-05 CERTIFICATION I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14, 2005_ on behalf of the person{s}as listed above is a true and correct copy and that the same _. as been in full force and effect since the date thereof and is to-full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and We e c orate s Arch Insurance Company on this 12th day of I September ,20 05 . Mary Je ne derson,Vice President This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING To THIS BOND TO THE FOLLOWING ADDRESS: Arch contractors&Developers Group 135 N.Robles Ave.,,Ste.825 Pasadena,CA 91101 '00, � �once ;+ SEAL ,SIM k w. �bs0L14 OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A.