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HomeMy WebLinkAboutMINUTES - 12052006 - C.20 �•Z� o TO: BOARD OF SUPERVISORS —SEAL-=�" Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR g; ;;IIII .. .; ;s Costa DATE: December 5, 2006 sra ------ County SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 01-08155, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ 70 02 for Subdivision 01-08155, accepting completion of 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/REASON(S) FOR RECOMMENDATION(S): 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: r� SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRXTOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER { SIGNATURE (S): ACTION OF BOA ON yY! Fi� si5-, r. APPROVED AS RECOMMENDED OTHER VOTE of SUPER BOJ Rs I hereby certify that this is a true and correct UNANI I S VOL C'�G nt;'Qi6T AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LB:vz G:\EngSvc\BOR006\12-05\BO-45 DV(Landscaping)SD 01-8155.doc date shown. Originator: Public Works(ES) Contact: Ten Rie(3)3-2363) I.D.943291516 cc: Public Warks -A.Bell,Construction Div. P.Tehaney,M&T Lab ATTESTED: deZ e,srl��� am-a� -1.Bergeron,Mapping Div. -T.Ric,October 200s"`_ JOHN CULLEN, Clerk of the Board of -T.—October 5,2007 CHP,c/o All Div.Coder Supervisors and County Administrator CSAA—Cartog Chris Low,City of San Rartwn 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company 6121 Bollinger Canyon Road Son Ramon,CA 94583 By , Deputy Attn:Sam Worden JIF St.Paul Fire and Marine Insurance Company 333 City Blvd.West,Suite 1100 Orange,CA 92868 Attn:Rosa E.Rivas i CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder Centra Costa Conroy DDC— 2006-0389300—O0,, Board of Supervisors Return to: Wednesday, DEC 06, 2006 09:10:23 Public Works Department ✓ FRE $0.00 r i Engineering Services Division Tt 1 Pd 1rclR9/1 S THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2006 by the following vote: AYES: Uilkema, Piepho, Glover and Gioia NOES: None VACANT: DISTRICT IV SUPERVISOR DESAULNIER ABSTAIN: None -- ---- ----- — --- - -z RESOLUTION NO. 2006/ 02 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 01-08155,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway and Hartcourt Way. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 01-08155,have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, heretofore approved by this Board; LB:vz G:\EngSvc\BO\2006\12-05\BO-45 DV(Landscaping)SD 01-8155.doe Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works -A.Bell,Construction Div. I hereby certify that this is a true and correct copy of an -P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of -1.Bergeron,Mapping Div. T -T.Rie,Engineering Svc. Supervisors on the date shown. -T.—October 5,2007Sherin_ — CHP,c/o AI Div.Commander ATTESTED: r/�CGd.y''r�G a' �� °'ea'o.0 CHP,c/o AI � CSAA—Cartog JOHN CULLEN, Clerk of the Board of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Windemere BLC Land Company 6121 Bollinger Canyon Road San Ramon,CA 94583 Attn:Sam Worden By ,Deputy St.Paul Fire and Marine Insurance Company 333 City Blvd.West,Suite 1100 Orange,CA 92868 Attu:Rosa E.Rivas RESOLUTION NO.2006/ ;;�6 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 01-08155,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: December 5, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of December 5, 2006 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 December 3, 2002 St. Paul Fire and Marine Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $13,050.00, Bond No. ST 2227 issued by the above surety be RETAINED for the six month lien guarantee period until June 5, 2007, 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 Roubaud Court, Rothbury Way, Riverland Court, Pipers Brook Court, Roverton Court, Dromana Court and Rutherglen Drive 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$1,000.00 cash deposit(Auditor's Deposit Permit No. 391754,dated August 21, 2002) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$3,800.00, Bond No. ST 2227 issued by St. Paul Fire and Marine 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. 1 RESOLUTION NO. 20061 X I- f r f RIDER To be attached to and form part of: Bond Number ST 2227 dated August 14, 2002 issued by the ST. PAUL FIRE AND MARINE INSURANCE COMPANY in the amount of $25,100.00 on behalf of Windemere BLC Land Comrany, LLC (Principal) and in favor of County of Contra Costa, California (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: $25,100.00 TO: $3,800.00 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 9th day of November, 2006. Signed, Sealed & Dated this 9th day of November, 2006. WINDEMERE SLC LAND COMPANY,LLC.,a California limited liability company By: LEN-OBS WINDEM ERE,LLC.,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: See Attached Signature Block ST. PAUL FIRE AND MARINE INSURANCE COMPANY (Surety) By: Rosa E. Aivas, Attorney-in-Fact Bond No. ST 2227 Decrease Rider Sub. 8155 aka Village 16 Subdivision Agreement- ROW Landscape 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: Gr ' t Brian G. Olin,Vice-President By: GiIN f /`5� Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of co a4y_w Asns.� ' pn"V[.Ir bele )31 (o before me, /� a4� -cIR I�4X-�'IrlZz t 1�) y Pc lc. Date �.,, Name and Title of Officer(e.g.,"dank Doe,Notary Public") personally appeared ��� �- b,k� � t►ZL S •SYo,,Zh Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence _ to be the person(s) whose name(s)islare subscribed to the within instrument and acknowledged to me that Cornmtpbn#16143117hefs they executed the same in 449A4er/their N0111011Y PUbl e-CaWo np authorized capacity(ies), and that by his�their COMOCofaCounty signature(s) on the instrument the person(s), or the �'CO�"' On18• entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature6f Notary 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 Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General WWWO M14 ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top or thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder.Call Toll-Free 1-800-876-6827 ACKNOWLEDGEMENT State of California County of Orange On November 9 2006 before me, J.Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E. Rivas 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 acknowledge 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. J. BARRAGAN WITNESS my hand and official seal. Commission# 1635125 Z z;u� Notary Public-California Orange County Signature r My Comm.Expires Jan 5,201( (Seal) 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) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP S WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. - Travelers Casualty and Surety Company Seaboard Surety Company - Travelers Casualty and Surety Company of America Sl.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 213962 Certificate No.-000255669 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint James A.Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella-Myers, Rhonda C. Abel,Jane Kepner, Grace Reza,and Rosa E. Rivas of the City of Irvine ,State of Califot'Ilia ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business ofguaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pet'mittted,in any-actions or.proceedings allowed by law. 20th IN WITNESS WHEREOF,the Compog have caused this mstmmbent to be signed and then-corporate seals to be hereto affixed,this March b day of Farmington Casualty Company' �`s,y 4'? .: St.Paul Guardian Insurance Company Fidelity and Guaranty TnsilrancesC mpany� per" St.Paul Mercury Insurance Company Fidelity and Guaranty Insmap_a Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company O �t Y FD vT P �LOPVO.R�>��f QG: ,RP ORA r,%i O 1♦ •W' i61962N o �19� N6�RAT 9jF 92� �_ ,ot im �mrc .- y mO JJJ µyti7FORD, 5 < .1696 r a. a AA.... F ! OF RAMC IS.ANN� dt'........:Na 'sd asp �'••r Alit,,. ��� s State of Connecticut By: Ltd City of Hartford ss. Gorge W t ompson,Sen' r Vic President 20th March 2006 On this the day of , before me personally appeared George W.Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. em@:D:) In Witness Whereof,I hereunto set my hand and official seal.My Commission expires the 30th day of June,2006. Marie C.Tetreault,Notary Public 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity andGuarantyCompany,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty-and Suretyt^CompanyofAmerisca`and United States Fidelity and Guaranty Company do hereby _ certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by,said'Companies,which is in full force and effect and has not been revoked. �.�. 'gt2s" " A 9th November 06 IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of sa,�dyCompanies this day of _2006 Kori M.]ohans Assistant Secretary G/.5li,�a SUitl� f1RF 6 \T,N.-IySG y,NS°P �tTY�N° y �3 G n Ott' PoRItm T �(' n.m WiGOPi0R9tf:p n �+ E tsar o � 1977 1927 C �� — z: __ ,,, NMTFCND. 3 tamcogq 5 t°�® u ...✓'� To verify the.-authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpau)travelersbond.corn.Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER