HomeMy WebLinkAboutMINUTES - 10242006 - C.6 TO: BOARD OF SUPERVISORS �• ���-���' Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa ,
DATE: October 24, 2006
County
srq-courir�
SUBJECT: Amending Road Improvement Agreement for the S. Bollinger Canyon Road Acquisition of Off-
Site Right-of-Way, Road Acceptance 02-01127 (cross-reference Subdivision 95-07976), 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): �j�
ADOPT Resolution No. 2006/ 4Pd� for Road Acceptance 02-01127 (cross-reference Subdivision 95-07976),
amending Road Improvement Agreement for S.Bollinger Canyon Road Acquisition of Off-Site Right-of-Way,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 corporate surety bond company and the bond number are being replaced with a new corporate surety bond
company and a new bond number.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be amended.
Continued on Attachment: SIGNATURE:
— ezy
_L_&ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
-ACPPROVE OTHER
SIGNATURES :
a:�
ACTION OF BOA ON !i cif oZ APPROVED AS RECOMMENDED OTHER
V�OF SUPER ORS /' I hereby certify that this is a true and correct
UNANIMOUS(ABSENT A40W ) copy of an action taken and entered on the
AYES: NOES:
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown.
BB:vz
6:\EngSvc\BO\2006\10-24\BO-23 RA 02-01127A.doc
Originator: Public Works(ES)
Contact Teri o (313-2363) ATTESTED: (J/0id d 7' � 06
cc: Director
r of Community Development �
Public Works Accounting JOHN CULLEN, Clerk of the Board of
Construction
Windemere BLC Land Company Supervisors and County Administrator
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin
Travelers Casualty and Surety Company of America By , Deputy
9325 Sky Park Court,Suite 220
San Diego,CA 92123
Attn:Rosa E.Rivas
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 24, 2006 by the following vote:
AYES: Uilkema,Piepho.DeSaulnier,Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
-- - - - RESOLUTION NO. 2006/
SUBJECT: Amending Road Improvement Agreement for the S. Bollinger Canyon Road
Acquisition of Off-Site Right-of-Way,Road Acceptance 02-01127(cross-reference
Subdivision 95-07976), for project being developed by Windemere BLC Land
Company, LLC, San Ramon (Dougherty Valley) area. (District III)
The following replacement of the surety company and bond number are stated below:
Original Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: 11127507355 January 24, 2002
Performance Amount: $ 1,980,000.00
Principal: Windemere BLC Land Company, LLC
Replacement Surety Bond
Bond Company: Travelers Casualty and Surety Company of America
Bond Number and Date: SP7780 January 24, 2006
Performance Amount: $ 1,980,000.00
Principal: Windemere BLC Land Company, LLC
NOW THEREFORE BE IT RESOLVED that the Road Improvement Agreement
approved by the Board on February 12, 2002, is hereby AMENDED to allow substitution of the
above-mentioned corporate surety bond.
All deposit permits are on file with the Public Works Department.
BB:vz I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2006\10-24\130-23 RA 02-01127A.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Director of Community Development
Public Works Accounting ATTESTED: ((a/40l 16oiy oZ L
-Construction 7'i Wim"
Windemere BLC Land Company JOHN CULLEN, Clerk of the Board of Supervisors and
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583 County Administrator
Attn:Brian Olin
Travelers Casualty and Surety Company of America
9325 Sky Park Court,Suite 220
San Diego,CA 92123 By , Deputy
Attn:Rosa E.Rivas
RESOLUTION NO. 2006/ Cote
0 .
MSTPAUL
Firema 's TRAVELERS
Fund"
SURETY BOND ENDORSEMENT
TO: County Of Contra Costa
255 Glacier Drive
Martinez, CA 94553
Attn: Public Works Department
RE: Bond Principal: Windmere BLC Land Company, LLC
Surety: The American Insurance Company
Surety Bond Number: 11127507355
Description: Off site right-of-way agreement, T7976, Subdivision RA
1127, phase 1
Bond Amount: $1,980,000
The purpose of this Rider is to:
[X] CHANGE BOND NUMBER
Effective January 24, 2006, surety bond number 11127507355 is changed to
SP7780.
[X] CHANGE SURETY COMPANY
Effective January 24, 2006, Travelers Casualty and Surety Company of America
("Travelers") replaces The American Insurance Company ("FFIC") as surety on
the above referenced bond and, accordingly, agrees to be bound by the terms of
the above-referenced bond and to perform all of FFIC's obligations thereunder as
if the above-referenced bond had originally been issued by Travelers. Upon
execution of this Surety Bond Endorsement by all parties hereto, FFIC shall have
no further obligation or liability under the above-referenced bond.
Signed, sealed and dated November 11, 2005.
Travelers Casualty and Surety Company The American Insurance Company
of America
By: i' By:
Cindy Thun Figueiredo
Attorney-in-Fact Attorney-in-Fact
Accepted by County fC ntra Costa
By:
SIREMANS 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
Cindy Thun Figueiredo of Novato, CA
their true and lawful Attomey(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 duty 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 seats to be hereunto
affixed this 02 day of November 2001
z INEk FIREMAN'S FUND INSURANCE MPANY
�.� Dent
�`��''r" do 1« 4" __ °�` `� NATIONAL SURETY CO RATION
• a°S E A Lis€ THE AMERICAN INSURAN COMPANY
z tar[aero a ASSOCIATED INDEMNITY RATION
�bN� !' GttNC���t! sJG4'IBCE•�'�! y -ton'-'is AMERICAN MOBILE INS COMPANY
STATE OF CALIFORNIA
B
COUNTY OF MARIN SS. y Vt&q-1rcsident
On this 02 day of November ,2 0 O 1 ,before me personally e Haro 1 d .Na Marsh
to me known,who,being by me duly sworn,did depose and say.that he is a VicePresident of each company,described in and which executed
the above instrument;that he knows the seats 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 WHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written.
r KRISTIN A GAZZOLI
OOMM.01262236 >
a NOTARY PUSUC-CAUFORNYI
MARIN COUNTY 0
My Comm.Expires April 29.200{ 't
Not i
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 V11 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 the 11th day of November 12005'
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�61y ••......�•' �*�cc ca'f °�*rci`c° " *° Raident Assistant se«otary
TRAVEL CASUALTY AND SURETY COMPANY OF RICA
I1ELERS CASUALTY AND SURETY COMPA
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Scott R. Gill, of Hartford, Connecticut, their true and lawful Attorneys}in-Fact, with full
power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following
instrument(s): by his/her sole signature and act,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory
in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies,
thereby.as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of
said Attomey(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now
in full force and effect: .
VOTED: 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 Attomeys-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.
VOTED: 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.
VOTED: 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 Attorneys-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.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: 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 upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(02-05)Unlimited
. ST PA U L Scott R Gill
TRAVELERS senior Vice President
One Tower Square Bond Field Management
Hartford,CT 06183 Bond,PB05 .
(860)277--0499 TEL
(860)277-0148 FAX _v c
1 L��
December 12,2005
Rosa Rivas
AON RISK SERVICES
1901 MAIN STREET, SUITE 300
IRVINE, CA 92614
Dear Rosa,
Please be advised that St. Paul Travelers and Fireman's Fund are in the process of executing
endorsements to replace Fireman's Fund as surety for bonds produced by your office and
identified in the attached schedule. The endorsements will be mailed to each bond's respective
obligee for acceptance. Upon acceptance by the obligee,Travelers Casualty and Surety
Company of America will replace Fireman's Fund as surety on the bonds listed in the schedule.
Premium associated with bonds appearing in the attached schedule will be included in an invoice
prepared by St. Paul Travelers. Please forward payment to the following address:
Travelers Property Casualty
P.O Box 98374
Chicago,IL 60693
If you have any questions regarding this communication,please direct them to Scot MacElhiney
(860-277-2227; scot.macelhiney@spt.com)
Sincerely,
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Bond No. Til 2750 7355.
Premium: $6,930.00
Subdivision: RA 1127(cross-reference SUB 7976
SECURITY BOND FOR ACQUISITION OF
OFF-SITE RIGHT-OF-WAY AGREEMENT
(Performance, Guarantee, and Payment)
(Calif. Government Code §§ 66499-66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT.The Principal has executed an agreement with the County to
acquire off-site right of way for the construction of road improvements for Subdivision RA 1127(cross-reference SUB 7976,as
specified in the Acquisition of Off-Site Right-of-Way Agreement, and to complete said work within the time specified for
completion in the Acquisition of Off-Site Right-of-Way Agreement, all in accordance with State and local laws and rulings
thereunder in order to satisfy conditions for filing of the Final Map for said Subdivision.
2. OBLIGATION. Windemere BLC, LLC, as Principal, and The American Insurance Company
a corporation organized existing under the laws of the State of Nebraska ,
and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors,administrators, successors, and assigns to the County of Contra Costa, California, to pay it:
A. Performance &Guarantee $1,980,000.00 Dollars ($)for itself or any city-assignee under the above
County Acquisition of Off-Site Right-of-Way Agreement.
3. CONDITION, This obligation is subject to the condition set forth on the reverse side hereof.
A. The Condition of this obligation as to Section 2.(A)above is such that if the above bounded principal,
his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and provisions in the said agreement and any
alteration thereof made as therein provided, on is or its part,to be kept and performed at the time and in the
manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify
and save harmless the County of Contra Costa(or city assignee),its officers,agents and employees,as therein
stipulated, then this obligation shall become null and void;otherwise it shall be and remain in full force and
effect.
Asa part of the obligation secured hereby and in addition to the face amount specified therefor,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by
County(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any
judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all other persons
employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for
materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act
with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount
herein above set forth,and also in case suit is brought upon this bond,will pay,in addition to the fact amount
thereof,costs and reasonable expenses and fees,including reasonable attorneys fees,incurred by County.(or
city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed
as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of
Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought
upon this bond.
•
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said Acquisition of Off-Site Right-of-Way Agreement agreed to by the Principal and
the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such
alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of
California Civil Code §§ 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken.
SIGNED AND SEALED on January 24, 2002
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Homes of California, Inc.
its manager
THE AMERICAN INSURANCE COMPANY
Principal Surety
5 Peters Canyon
Address Address
Irvine, CA 92606
City, State and Zip City, State and Zip
By By
Patricia Brebner
Print Name Print Name
Attorney-in-Fact
Title Title
(This area for official notary flags.All signatures must be properly notarized in accordance with Civil Code Section 1180.The
names and titles of the people signing the documents must be listed on the notary flag.)
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