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HomeMy WebLinkAboutMINUTES - 02142006 - C.8 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 14, 2006 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right of Way Landscaping) for RA 01-01123 (cross-reference Subdivision 95-07976), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for RA 01-01123 (cross-reference Subdivision 95-07976), accepting completion of landscape 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) i 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: L,� SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ :--<PPROVE OTHER SIGNATURES : ACTION OF BO ON APPROVED AS RECOMMENDED OTHER V0 SUPERVISORS y� UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: BB:mr I hereby certify that this is a true and correct G:\GrpData\EngSvc\BO\2006\02-14\RA 01-01123 B045 DV LS.doc Originator: Public Works(ES) copy of an action taken and entered on the Contact:Teri Rie(313-2363) I.D.94-3291516 minutes of the Board of Supervisors on the cc: Public Works Construction Div. date shown. P.Tehaney,M&T Lab I.Bergeron,Mapping Div. B.Balangan,Engineering Svc. T.—12/14/06 n - Sheriff-Patrol Div.Commander ATTESTED: �>' -�' / ao tori CHP,c/o Al CSAA-Cartog JOHN SWEETEN, Clerk of-Ke Board of Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Supervisors and County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Atm:Brian Olin 01, St.Paul Fire and Marine Insurance By , eputy 333 City Blvd.West,#1100 Orange,CA 92868 Atm:Jeri Apodaca 1111 IIIIIIIIIIIIIII NIIII 11111111111-111111111111111111 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2006-0048687-00 Boardof Supervisors t Return to: Wednesday, FEB 15, 2006 09:14:11 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0003121332 lrc/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 14, 2006,by the following vote: AYES: Uilkema,Piepho, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - RESOLUTION NO. 2006/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping)for RA 01-01123 (cross-reference Subdivision 95-07976),San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Phase IB Windemere Backbone Roadways. The Public Works Director has notified this Board that the Right of Way Landscaping improvements for RA 01-01123 (cross-reference Subdivision 95-07976),have been completed as provided in the Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, heretofore approved by this Board; BB:rrn G:\GrpData\EngSvc\BO\2006\02-14\RA 0 1-0 1123 B045 DV LS.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 ee: Public Works Construction Div. I hereby certify that this is a true and correct copy of an -P.Tehaney,M&T Lab -I.Bergeron,Mapping Div. action taken and entered on the minutes of the Board of -B.Balangan,Engineering Svc. Supervisors on the date shown. -T.—12/14/06 Sheriff-Patrol Div.Commander CHP,c/o Al ATTESTED: 7Gt%P"'4 r CSAA—Cartog Chris Low,City of San Ramon JOHN SWEETEN, Clerk ofWe Board of Supervisors and 2222 Camino Ramon San Ramon,CA 94583 County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin St.Paul Fire and Marine Insurance By , Deputy 333 City Blvd.West,#1100 Orange,CA 92868 Attn:Jeri Apodaca RESOLUTION N0.2006/ (A SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping)for RA 01-01123 (cross-reference Subdivision 95-07976),San Ramon(Dougherty Valley) area. (District III) DATE: February 14, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of February 14,2006 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 October 1, 2002 St. Paul Fire and Marine Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$713,650.00, Bond No. SV9493 issued by the above surety be RETAINED for the six month lien guarantee period until August 7,2006,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 the Right-of-Way Landscaping improvements on Phase 1B Windemere Backbone Roadways 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 one year warranty and maintenance period is hereby established, and the $14,273.00 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$211,955.00,Bond No. SV9493 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. RESOL UTION NO. 2006/4-5 RIDER To be attached to and form part of: Bond Number SV 9493 Dated 8/14/02 issued by the . St. Paul Fire and Marine Insurance Company in the amount of $1,413,027.00 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: $1,413,027.00 TO: $211,955.00 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 day of September, 2005. 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 Mem er By: Greg Pomi, Vice President By: %Ao-& Dee Baker, Assistant Secretary St. Paul Fire and Marine Insurance Company (Surety) i By: Jeri-Apo a , tto ey-in-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 sea a DINA PRINTY < � ,• Commission# 1453610 Notary Public -California Orange County oMy Comm.Expires Nov 28,2047 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: Surety Bond No. SV9493 Number of Pages: One (1) Date of Document: September 12, 2005 Signers (other than those named above):Jeri Apodaca 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 Jeri Apodaca 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. J G. L REZA COMM. #1395003 ::5 n NOTARY PUBLIC-CALIFORNIA o WIT E S my ha;�7S�IGNRE d official seal. ORANGE COUNTY n My Comm.Exp. Jan. 21, 2007F 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) 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/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 1he �du� POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company 24266 Power of Attorney No. Certificate No. 2 n- 63120 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and 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,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the,State of Maryland,and 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,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Rachelle Rheault, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan of the City of Costa Mesa State California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seat and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or�pem�,fitted in.any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrumentito be signed and sealed this . day of March 204 Seaboard Surety CompanyUnited States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian InsuranceCompany, Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury InsuranceCompanyry v, spy'% , $wr7 ERE 6 O\'4 NS P ,PSURgL y .> i Y * o - - �P ��yiOPPOflA19�f •y.;tpPPORAlf;.P? Y��I4 �` .F 11927 to�z �le'T; 1�' " N tgg5 ' yJ77 r PETER W.CARMAN,Vice President EAm State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 10th day of March 2004 ,before me,the undersigned officer, personally appeared Peter W. Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. l p,EA �0by In Witness Whereof,I hereunto set my hand and official seal. NO �RY C My Commission expires the Ist day of July,2006. �o9E CiiV�� REBECCA EASLEY-ONOKALA,Notary Public 86203 Rev.7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.,Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,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 upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company, St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.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. IN TESTIMONY WHEREOF,I hereunto set my hand this 12th day of September 2005, SUFEIy ,10.E s \�y iNSG ,a��r�iS�gq,, Y�r �A rtOPVOR,,1�,>'m F pµVON9Tf�} ,W�yym.-� �: � / �•I ' 1927 "ti®� , 1896 1.9 1951 a `SEAL%o: oe.SERL!3 .n Thomas E.Huibregtse,Assistant Secretary Va Via; -, \< To verify the authenticity of this Power of Attorney,call 1-800-42138 , 80 and ask for the„Power of Attt,orney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power is attached.