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HomeMy WebLinkAboutMINUTES - 12202005 - C13 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 20, 2005 SUBJECT: Accepting completion of improvements, Subdivision 04-08776, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ for Subdivision 04-08776,accepting completion ofimprovements,for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District 111) 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. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the warranty period will not begin. ... .................................... Continued on Attachment:,'' SIGNATURE: 4 COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ 'PROVE OTHER " SIGNATURE(S): O.. (IL4t .� ACTION OF BO ON Z> APPROVED AS RECOMMENDED. OTHER F VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES; ABSENT: ABSTAIN: BB:rm G:\GrpData\EiigSvc\BO\2005\12-20\SD 04-08776 BO-45 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct Contact:Teri Rie(313-2363) copy of an action taken and entered on the I.D.94-3291516 cc: Public Works -T.Bell,Construction Div. minutes of the Board of Supervisors on the -M.Valdez,M&T Lab -I.Bergeron,Mapping Div. date shown. -B.Balangan,Engineering Svc. -T.—October 20,2006 Sheriff-Patrol Div.Commander CHP,c/o AI CSAA—Cartog ATTESTED: Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 JOHN SWEETEN', Clerk�f the Board of Windemere BLC Land Company,LLC Supervisors and County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin The Continental Insurance Company P.O.Box 946640 Maitland,FL 32794-6640 uty Attn:Rhonda C.Abel CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN Le UEJR C Contra Costa County DOC�• X00 Supervisors 0 4 9 6 0 ... Board of Su p Wednesday, 2 DEC 28, 005 Return to: FRE $0.0011:17:17 Public Works Department Engineering Services Division Tt 1 Pd 0 00 Nb 0003059818 irc/R,9/1_7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 20, 2005, by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: Accepting completion of improvements, Subdivision 04-08776, 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- 08776 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. BB:rm G:\GrpData\EngSvc\BO\2005\12-20\SD 04-08776 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 of the.Board of Supervisors and -T.—October 20,2006 p Sheriff-Patrol Div.Commander County Administrator CHP,c/o AI CSAR—Cartog Chris Low,City of San Ramon OL 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC y , Deputy 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin The Continental Insurance Company P.O.Box 946640 Maitland,FL 32794-6640 Attn:Rhonda C.Abel RESOLUTION NO.2005/ ' SUBJECT: Accepting completion of improvements, Subdivision 04-08776, 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 79 2004 The Continental Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,285,000.00, Bond No. 929341272 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 Rodriguez Court, Chancery Way, York Lane, Stonehenge Way, Mandy Way, Sherwood Way, and Hastings Way for the hereinafter described public roads,as shown and dedicated for public use on the Final Map of Subdivision 04-08776 filed December 16, 2004, in Book 472 of final maps at Page 31 and Page 39, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-RIW Widths Lengths(Miles) Rodriguez Court 36' curb/48'RW 0.07 Chancery Way 36' curb/56'RW 0.05 York Lane 3 6'curb/5 6'RW 0.23 Stonehenge Way 36' curb/56'RW 0.14 Mandy Way 3 6' curb/5 6'RW 0.01 Sherwood Way 36'curb/56'RW 0.01 Hastings Way 3 6' curb/5 6'RW 0.26 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 peri od is hereby established, and the $25,700.00 cash deposit (Auditor's Deposit Permit No. 431272, dated September 15, 2004) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$381,650.00,Bond No. 929341272 issued by The Continental 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 Number 929 341 272 Dated 9/7/2004 issued by the The Continental Insurance Company in the amount of $2,544,300.00 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: $2,544,300 00 TO: $381,650.00 It is further understood and agreed that all.other terns and conditions of this bond shall remain unchanged. Ir This Rider is to be Effective this 12th day of September,200D. 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: Dee Baker, Assistant Secretary The Continental Insurance Company (Surety) Rhonda C. Abel,, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On Seotember 16, 2005 before me, Dina Notary Public, personally appeared Grec a i 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. A& do, 'AL_ �Aw_ Witness my hand and official seal. DINA PRINTY commission#1453610 Public� California NotafY orange C ounty 771 4L'1C)AV4 My Comm.Expires Nov 28,200 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. Secreta[y Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Suretv Bond No. 929341272 Number of Pages: One (1) Date of Document: September 12,, 2005 Signers kother than those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On September 12 2005 before me, G.L.Reza DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel NAME(S)OF SIGNER(S) ® personally known to me - OR- F-1 proved to me on the basis Of satisfactoryevidence 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 y behalf of which the person(s) acted, executed the instrument. G. L. R EZA 0 9� COMM. #1395003 �. m o NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY a WITN S my and,an official seal. My Comm.Exp, Jan. 21, 209.?11 I ` SIG RE 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) ❑ PARTNER(S) D LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ 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 APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark, New'Jersey,a New Jersey corporation(herein called"the CIC Companies"),are duly organized and existing corporations having their.principal offices in the City of Chicago,and State of Illinois,,and that they do by virtue of the signatures and-seals herein affixed hereby make, constitute and appoint Nanette Mariella-Myers,Patricia H. Mike Parizino, Linda Enright, Rhonda C.Abel,James A.Schaller,Jane Kepner,,N Brebner,Alexis H. Bryan, Leigh McDonough, Individually OfIrvine,California their-true I and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts--- and and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse .hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 2nd day of April,2002. pullit 0e Note. tk* ?Aft y W Pei 1WW The Continental Insurance Company IMMY m 1 Firemen's Insurance Company of Newark,New Jersey SIAM 441 Ap 1Z•ii2-- ki Michael Gengler Group Vice President State of Illinois, County of Cook,ss: On this 2nd day of April,2002, before mepersonally came Michael Gengler to me known,who,being by me duly sworn,did depose and .say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of The,Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark, New Jersey,-a New Jersey corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL" DIANE FAULKNER-, Notary Public,State of Illinois My Commission Expires 9/17/05 S My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark, New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of-the said corporations this 12th_day of September 2005 The Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey Ott) 0"tv r.* 1 6. fa -POP f 41ke Mary A.Ribikawskis Assistant Secretary (Rev. 10/11/01) Authorizing By-Laws-and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY: This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written consent dated the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking-or contract of suretyship to which it is attached."