HomeMy WebLinkAboutMINUTES - 01112005 - C.5 TO: BOARD OF SUPERVISORS �
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: January 11, 2005
SUBJECT: Accepting Completion of Improvements and Road Improvement Agreement for RA 00-01102.
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 Windemere BLC Land Company,
L.L.C., San Ramon (Dougherty Valley)area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASONfS)FOR RECOMMENDATION(SI:
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:—r—,
ECOMMEN€7ATION OF COUNTY ADMINISTRATOR
�RECOMMENDATION OF BOARD COMMITTEE
_
—PPROVE .OTHER
r � 4
SIGNATURES): ,
ACTION OF BOARD ON JANUARY 11 : 20Q`1 APPROVED AS RECOMMENDED --- OTHER
OTHER
t;
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 UNNONEANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
J.r„ ATTESTED: JANUARY 11, 2005
Or[&.Div: EnPublic Works(ES)
711RA 00-01102 0rdar.doc JOHN SWEETEN,TEN Ct eat,.o f the
Board of
Orig.div: Public Warks(ES) 11i 11.V �7 VY 1+1: i,1V, l...l li 1 11 D U. 1
Contact: Teri Die(313-2363) u ervisors and Count Administrator
cc: Public Woks S
-Accounting Supervisors y
-T.Bell,Construction
-Maintenance(w/Plat)
-T—July 11,2005
CSAA-Cartog
CHP,c/o Al
Sheriff-Patrol Div.Cormnander By ___, Deputy
City of San Ramon,Attn:C.Low and 3.WhiteWindemere BLC Land Company,L.L.C.
Attn:Brum Olin
6121 Bollinger Canyon Road,Suite#500
San Ramon,CA 94563
The American Insurance Company
Attn:Patricia H.Brehm
5 Peters Canyon
Irvine,CA 92606
Y:
CONTRA COSTA Cc Recorder Office
Recorded at the request of: STEPHEN LUEIR Clerk-Recorder
Contra Carta County DOC - 200 -0e i3 296 00
Public Works Department
Engineering Services Division Wednesday, JAM 12, 2005 09:32:43
Return to: FRE $0.00
Public Works Department Tt 1 Pd $0,00 Nbr 0002513993
Engineering Services Division
Irc/R9/1-s
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 11, 2005 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, GLOVER, DES,hULNIER AND UILKEMA
NOES: NONE
ABSENT: NONE
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 111)
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\01-1I\RA 00-01102 130-42.doc
JY:rm
Originator: Public Works(ES)
Contact: Teri Ric(313-2363) 1 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
CSAA-Cartog
CHP,c/o Al
Sheriff-Patrol Div.Commander ATTESTED: JANUARY 11, 2005
City of San Ramon,Attn:C.Law and J.white JOHN SWEETEN Clerk of the Board of Supervisors
Windemere BLC Land Company,L.L.C. 1}
Attn:Brian Olin and County Administrator
6121 Bollinger Canyon Road,Suite#500
San Ramon,CA 94583
The American Insurance Company
Attn:Patricia H.Brebner By Deputy
, De ut
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. 111 2750 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,Windernere 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) L mn hkm(rniles)
Bollinger Canyon Road varies 10.2 in— 19.8 in / 60 rn—66 in 1.89 kin(1.17)
Windernere Parkway 25.2 in/27.6 in 0.39 km (0.24)
Albion Road varies 12.0 in—21.6 in / 19.2 in—31.2 in 0.57 km(0.35)
N. Bellingham Road 12.0 m/ 19.2 in 0.22 km (0.14)
S. Bellingham Road 12.0 in/ 19.2 in 0.14 km (0.09)
Harcourt Way 12.0 in/varies 20.4 in—22.8 m 0.64 kin (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
24,2001)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 PenaW Rider
Rider to be attached to and form a part of Bond Number 111 2750 7108 , dated the 18th day
of December, 2001 executed by The American Insurance Company,Surety, on behalf of Windem.ere
BLC Land CoMpMy , 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 Four 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 4th day of January 2005 .
WlNDEMERE BLC LAND COMPANY, LLC, a California
limited liability company
By: LEN-OBS Windem+ere, LLC, a Delaware limited
ACCEPTED: liability company, its Managing Member
By. Lean r B mes of Cal forma, Inc., a
The above is hereby agreed to and accepted: Caliorn a eorporaton, Managing Member
PRINCIPAL
A17AG44EA BcAr.P u.rr,c i--t /s+ By: (sem.. A-ITACHMP, s1 .-kTVr.I= f*Aef�.)
OBLIGEE PAMMV,
By: The American Insurance Company
TITLE SURETY
Attest: By.� . /! •i �� (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:LENT NAR HOMES OF CALIFORNIA,INC.,a California
Corporation,its Managing Member
B E Vice President
k t
By: , ssistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
1
€ County of ss.
f '
On -j K--,,.-AL? iG'� before me,�4isl --'1-l"*��.rC ,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public')
personally appeared � ttJC `kc�t( t 1 % f',l
Nama(a)of Signer(a)
{ IP1 personally known to me
❑ 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
KA 1 L. KEI�tJ�AFa acknowledged to me that heABh /they executed
Comrnidii n A 1378$27 the same in hmsAer/their authorized
0kXy+ Kd*c -Ccifomi capacity(ies), and that by !"risfiw/their
COMM conks county
MyConvn.E> 0ct7,20C#b 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 offjicial'seal.
Signature Notary PubNc
OPTIONAL
Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this farm to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: ,
❑ Individual Top of thumb here
El Corporate Officer — Title(s):
❑ Partner — ❑ Limited D General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
V 1999 National Notary Association-9360 De Sato Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 www.nationalnctary.org Prod.No.5907 Reorder:Cail Toll-Free 1.800-878-8827
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 (seal)
Brenda J. Vckson
r BRENDA J.DICKSON >
cOW 013lam
rte' NOTARY PUSLiC-.ALIFORMA
Q MARiN COUNTY
My Comm.Expires August 17,2M5
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 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
Eileen M. Robison 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 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 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 2nd day of. November
;"% w "��4y FIREMAN'S FUND INSURANCE COMPANY
10 °.jju��,�ta� {t p,.u.. y� r, ho� _ -+w� NATIONAL SURETY CORPORATION
-j tft� a +, +, i ♦ • ' a` E A L:,�n THE AMERICAN INSURANCE COMPANY
< 5EP'r 3.1970 , a, � :$EAL:8
ASSOCIATED INDEMNITY CORPORATION
cna d �d�c cQ�s �a�� �eQ�erit o � AMERICAN AUTOMOBILE INSURANCE COMPANY
STATE OF CALIFORNIAh •
COUNTY OF MARIN SS. Ely
Vice-president
On this 2nd flay of November 2001 ,before me personally came Donn. R. 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 W IEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
r KRISTIN A.GAZZOLI
0 COMM.#1262236
Q .y, NOTARY PUBLiC•CALIFORN;A
MARIN COUNTY 0
My Comm.Expires Apn 22,2004
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-Iaws 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. Bated the 4th day of _ January 2005
YC+, W,
+O SEPT.3.1970 - i z + • $$N L;8 i
b O` ,,at� t a L, r .i'i`i'��•�„`''�
� ��t<�+��a °n • ,...,•`„i`-r i''.f��E��e r3akCE iCu`►t� '�,,;trtoutsM�`
��,;,„„K, ♦+„ .« Resident Assistants tart'