HomeMy WebLinkAboutMINUTES - 01112005 - 2005 RES 34 Recorded at the request of.
Contra Costa County
Public Works Department
Engineering Services Division
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Engineering Services Division
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY", CALIFORNIA
Adopted this Resolution on January 11, 2005 by the following vote:
APES: SUPERVISORS GIOIA, PIEPHO, GLOVER, DESAULNI t AM UILKR4A
NOES: NONE
ABSENT: MINE
ABSTAIN: NONE
RESOLUTION NO.2005/34
SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for RA 00-
01102(cross-reference Subdivision 95-07976),San Ramon(Dougherty Valley)area.
(District III)
The Public Works Director having notified this Board that the improvements for RA 00-
01102 (cross-reference Subdivision 95-07976) have been completed as provided in the Road
Improvement Agreement with Windemere BLC Land Company,L.L.C.heretofore approved by this
Board;
DATE OF AGREEMENT SURETY
January 15, 2002 The American Insurance Company
G:\GrpData\EngSvc\BO\2005\01-11\RA 00-01102 B042.doc
JY:rm
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an
Recording to be completed by COB
cc: Public Works Accounting action taken and entered on the minutes of the Board of
T.Bell,Construction Supervisors on the date Shown.
-Maintenance(W/Plat)
-T—July 11,2005
CSAR-Cartog
CHP,c/o Al
SherifATTESTED: JANUARY 11, 2005
Sheriff-Patrol Div.Commander
City of San Ramon,Attn:C.Low and J.White JOHN SWEETEN Clerk of the Board of Supervisors
Windemere BLC Land Company,L.L.C. ' p
Attn;Brian Olin and County Administrator
6121 Bollinger Canyon Road,Suite#500
San Ramon.CA 94583
The American Insurance Company Deputy
Attn:Patricia H.Brebner ByZtq�7
5 Peters Canyon
Irvine,CA 92606
RESOLUTION NO. 2005/34
SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for RA 00-
01102(cross-reference Subdivision 95-07976),San Ramon(Dougherty Valley)area.
(District III)
DATE: January 11, 2005
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of January 11, 2005 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Road Improvement Agreement:
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$6,048,100.00,
Bond No. 1112750 7108 issued by The American Insurance Company be RETAINED for the six
month lien guarantee period until July 11, 2005, 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 Bollinger Canyon Road,Windemere Parkway,Albion
Road,N.Bellingham Road,S.Bellingham Road,and Harcourt Way the hereinafter Described roads
as shown and dedicated for public use on the Final Map of Subdivision 7976 filed November 16,
2001,in Book 436 of Maps at Page 29,Official Record of Contra Costa County,State of California,
is ACCEPTED as COMPLETE. Upon acceptance by the Board of Supervisors,the San Ramon
City Council shall accept the public improvements for maintenance in accordance with the
Dougherty Valley Memorandum of Understanding.
Road Name Road/R/W Width(metric) Lengh Iles)
Ballinger Canyon Road varies 10.2 m— 19.8 m /60 m—66 m 1.89 km (1.17)
Windemere Parkway 25.2 m/27.6 m 0.39 krn (0.24)
Albion Read varies 12.0 m---21.6 m / 19.2 m—31.2 m 0.57 krn(0.35)
N. Bellingham Road 12.0 m/ 19.2 m 0.22 km (0.14)
S. Bellingham Road 12.0 m/ 19.2 m 0.14 krn (0.09)
Harcourt Way 12.0 m/varies 20.4 m—22.8 m 0.64 km (0.40)
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$132,900.00 cash deposit(Auditor's Deposit Permit No.379205 dated December
24,200 1)made by Windemere BLC Land Company,L.L.C.and the performance/maintenance surety
for$1,794,480.00,Bond Rider No. 1112750 7108 issued by The American Insurance Company be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released
by this Board.
RESOLUTION NO. 2005/34
Executed in Duplicate Original
Increase or Decrease Bond Penalty Rider
Rider to be attached to and form a part of Bond Number 1112750 7108 , dated the 18`x' day
of December,, 2001 executed by The American Insurance Company , Surety, on behalf of Windemere
BLC Land Company , LLC , Principal, and in favor of the County of Contra Costa , Obligee.
It is understood and agreed that the Performance Bond Penalty is changed:
From: Eleven Million Nine Hundred Sixty Three Thousand Two Hundred and 00/100's
($11,963,200.00)
To: One Million Seven Hundred Ninety Pour Thousand Four Hundred Eighty and
00/100's($1,794,480.00)
Effective: January 4, 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 4h day of _J uary 2005 .
WINDEMERE BLC LAND COMPANY, LLC, a California,
limited liability compan
By: LEN-OBS Windemere, LLC, a Delaware limit=ed
ACCEPTED: liability company, its Managing Member
The above is herebyagreed to and a ted: By: Le n r Homes of California, Inc., a
g P Ca i ornia corporation, Managing Member
PRINCIPAL
AWAc► .HSD By: (Sft- aZrACH 51AVN1A 7'Ur..E. T'A*6�)
OBLIGEE 1>ArFma --W4. 1jtK,
By: The American Insurance Company
TITLE SURETY
Attest: By l+''I� ir' w (Seal)
TITLE 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
g gE icePresident
By: ssistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
i
State of California
1 ss.
County of `,dC- 4 �Tp�
1
before me, (. ty r L", 00TA
Date Name and 7itlaof C)lf, (e.g.,er Jane Doe,Notary Public"j
personally appeared _ t P qtr 1 i�i t r e ti:r--)K EC
Name(S)of Signar(s)
personally known to me
G 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
KAREN L` KEENAN acknowledged to me that heliehe/they executed
Ccffv�r*mk)t#13788'
Nosy -CaVomla the same in faisl erltheir authorized
Coes O Costo County capacity(ies), and that by I�/their
>MCorr vn.ExpkMOct 7.20W6 - signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
l ,
WITNESS�my hand a d official"seat.
Signature o(N#ry Public
� —
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of document:
Document Elate: Number of Pages:
j
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
L`
r, 9
C Individual Top of thumb
❑ Corporate Officer —Title(s):
Ci Partner — ❑ Limited El General
Attorney-in-Pact
CJ Trustee
'Guardian or Conservator
Other:
Signer Is Representing:
C?1999 National Notary Association•9350 6e Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402-www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-B00-670.6827
State of California
County of Marin )
On ,January 4, 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 ' ! `� (Seel)
Brenda J. ckson
0MYBRENDA J.DICKSON
COMM. is,ec >
rNOTARYtour o, xA 0
COMM' ites A„�„et 1 r,z 6 '
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 NEN BY THESE PRESENTS: That FIRI AN'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
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 ratifying and confirming 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 muting 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 2nd day of Noy _2D-01—.
y as r x � ' "" "«,w. FIl2EMA.YS FUND INSURANCE COMPANY
""Or—IN, � NATIONAL SURETY CORPORATION
_ THE ANIS ICAN INSURANCE CONIPAANY
E i 8 E A,IL�8
ASSOCIATED INDEMIrrTTY CORPORATION
6, `'" � "` '<< +nr � �o��� �� N aa�t� tun S 9► AMERICAN AUTOMOBILE INSURANCE COMPANY
STATE OF CALIFORNIA SS. By
COUNTY OF MARIN Vit president
On this 2nd day of November , 2001 ,before me personally carne Donn Ra Kolbeck
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 WITNESS WFIEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
KRISTIN A.OAZZOLI
(;pW#1262236
i► , NOTARY PUBLIC-CALIFORNIA
MARIN COUNTY
SAY Comm.Expires AW ,2J44
STATE OF CALIFORNIA SS. CERTIFICATE
COUNTY OF MARIN
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 tl:e_ 4th day of Januar` 2005
yr,
CCS ♦ : r aBA L. £'=
Q LA ''r'+,�,
$ ti *Yee cd �acc ca '4 „ Resident Assistant tary
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TO: BOARD OF SUPERVISORS 4J
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: January 11, 2005
SUBJECT-. Accc tin CoLn letion refIm rovements and Road Im rovement A cement for RA 0001102.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 34 for RA 00-01102(cross-reference Subdivision 95-07976),accepting completion
of improvements and Road Improvement Agreement,for project being developed by Windermere BLC Land Company,
L.L.C., San Ramon (Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR-RECOMMENDATION(S):
The developer,Windemere BLC Land Company,has completed the road improvements per the Road Improvement,Board
Resolution No. 2002/16, and in accordance with the Title 9 of the County Ordinance Code requirements.
CONSEQUENCES OF NEGATIVE ACTION:
The completion of improvements will not be accepted and the 365-day warranty period will not begin.
Continued on Attachment:— SIGNATURE:
7TECOMMENDATI7N OF COUNTY ADMINISTRATOR
'RECOMMENDATION OF BOARD COMMITTEE
-:.APPROVE APPROVE OTHER
}
SIGNATURES : t I'-
ACTION OF BOA ON TAN[)ARY 11 , 2005 APPROVED AS RECOMMENDED"xx OTHER_
r
x%
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS date shown.
xx UNANIMOUS(ABSENT NOIN )
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: ,JANUARY 11, 2005
G:\Ci,pData',Lngyve O\2005101-1I\RA0>-01102Qrder.doc JOHN SWEETEN, Clerk of the Board of
Orig.Div: Public Worcs(ES) p
Contact: 'seri Ric(313-2363) Supervisors and.County Administrator
cc: Public Works -Accounting
T.Bell,Construction
-mairuenance(w/Plat)
-T—July 11,2045
CSAA-Cartog
CHP,tie Al B,yzi�r� , Deputy
Shetiff Patrol Div.Comnwnder
City of San Ramon,Aten;C.Low and J.White
Windernere BLC Lund Company,L.L.C.
Attn:Brian Olin
6121 Bollinger Canyon Road,Suite#500
San Rarnon,CA 94563
The American Insurance Company
Attn:Patricia H.Bre6eter
5 Peters Canyon
Irvine,CA 92606