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Home My WebLink AboutMINUTES - 06282005 - C18 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: June 28, 2005 SUBJECT: AcceEting completion of improvements, San Ramon(Dougherty Valley) area. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 401 for Subdivision 99-08154.,accepting completion of improvements(Langton Drive, Langton Court,, Latera Court, Kellybrook Way, Fenwick Drive, Kinvarra Court, Arlewood Court, and Kirkstone Court),for project being developed by Windemere BLC Land Company,L.L.C.,San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S).0 The developer, Windemere BLC Land Company, L.L.C., has completed the subdivision improvements per the Subdivision Agreement, and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: Th completion of improvements will not be accepted and the one year warranty period will not begin. Continued on Attachment: ✓ SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _.6,A"ROVE OTHER SIGNATURE(S): ACTION OF BO,,4 ON— JIM 280 2005 APPROVED AS RECOMMENDED.xx OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the XX UNANIMOUS(ABSENT NONE minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: CM:rtn:sr G:\GrpData\EngSvc\BO\2005\06-28\SD 99-08154 BO-45.doc Originator: Public Works(ES) ATTESTED: JUNE 28, 2005 Contact: Teri Rie(313-2363) I.D.94-3291516 JOHN SWEETEN, Clerk of the Board of cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab Supervisors and County Administrator -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. -C.MohamnrA Engineering Svc. -T.—April 28,2005 Windemere BLC Land Company 6121 Bollinger Canyon Road,#500 By ---Deputy San Ramon,CA 94583 W Attn:Brian Olin The American Insurance Company 5 Peters Canyon Road Irvine,CA 92606 Attn:Eileen Robison Chris Low,City of San Ramon CONTRA COSTA Co Recorder Office Recorded at the request of., STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC� 2005sotmmm0239139tommmt0@ Board of Supervisors Return to: Wednesday, JUN 29, 2005 15:15:05 Public Works Department FRE $0.00 Engineering Services Division Tt I Pd I,00 Nbr-0002?7909 Irc/RS/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 28, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2005/ 401 SUBJECT: Accepting completion of improvements, Subdivision 99-08154, San Ramon (Dougherty Valley) area. (District IH) The Public Works Director has notified this Board that the improvements (Langton Drive, Langton Court, Latera,Court, Kellybrook Way, Kenwick Drive, Kinvarra Court, Arlewood Court, and Kirkstone Court)in Subdivision 99-08154 have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. CM:nn G:\GrpData\Engsvc\BO\2005\06-281SD 99-08154 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Fie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.94-3291516 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: JUNE 282 2005 -I.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and -C.Mohammed,Engineering Svc. -T.—April 28,2005 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Windernere BLC Land Company By Deputy 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 5 Peters Canyon Road Irvine,CA 92606 Attn:Eileen Robison Chris Low,City of San Ramon RESOLUTION NO.2005/ 401 SUBJECT: Accepting completion of improvements, Subdivision 99-08154, San Ramon (Dougherty Valley) area. (District III) DATE: June 28,, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 28,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY February 12, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$427,750.00, Bond No. 11133599222 issued by the above surety be RETAINED for the six month lien guarantee period until December 28,2005,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 the hereinafter described roads,as shown and dedicated for public use on the Final Map of Subdivision 99-08154 filed March 1,2002,in Book 440 of Maps at Page 14, Official Records of Contra Costa County, State of California, are ACCEPTED as COMPLETE. Road Name Road-R/W Widths Lengths (Miles,) Langton Drive 36'/various 48'-56' 0.10 Langton Court 36'/48' 0.06 Latera Court 36'/48' 0.07 Kellybrook Way 36'/various 48'-56' 0.09 Kenwick Drive 36'/56' 0.09 Kinvarra Court 36'/48" 0.04 Arlewood Court 36"/48" 0.04 Kirkstone Court 36'/48" 0.08 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$8,600.00 cash deposit(.Auditor's Deposit Permit No. 378574,dated December 113%200 1)made by Windemere BLC Land Company,LLC and the performance/maintenance surety bond rider for$127,000.00,Bond No. 11133599222 issued by The American 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. Windemere BLC Land Company, L.L.C. will maintain the improvements during the maintenance and warranty period. RESOLUTION NO. 2005/401 .............. ................I.............. Firemanis Fund" Rider Executed in Duplicate Original To be attached to and form a part of Bond Number 111 3359 9222,dated the 301h daof November, I day 2001, executed by The American Insurance Company, Surety, on behalf of Windemere BILC 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 reduced to 'One Hundred_Twenty Seven Thousand and 00/1 00's Dollars ------ ($127, to guarantee that said work relative to the installation of street, drainage and other improvements in Subdivision No. 8154, shall be free from defects or workmanship and shall perform satisfactorily for a period of one (1) year after the date the Obligee accepts the work as complete. Principal agrees to correct, repair, or replace, at Principal's expense, any defects in said work. NOW THEREFORE, if the above bounded Principal shall well and truly repair and/or replace defective material and workmanship, this obligation shall be void one year after the date of acceptance of the improvements by the Obligee, otherwise this obligation shall remain in full force and effect. 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. IN WITNESS WHEREOF, said Principal and said Surety have caused these Presents to be duly signed and sealed this 16th day of May, 2005. (See attached signature page) ,tness ithyst weuve Principal The American Insurance Company Surety "Oes;X] By: (Seal) Witness Gordon J. P"eterson Eileen M. Robison, Attorney-in-Fact ACCEPTED The above is ereby agreed to and accepted: Count y of Contra cast Obligee B • Attest Title Title WINDEMERE BLC LAND COMPANY,LLC.,a California 4W 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: David Evans,Vice Presid eo� By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 202005 before me, Dina Prints, Notary Public, personally appeared David Evans 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 seal. DINA PRINIY commission# 1453610 Notary Public-California Orange County MY Comm.Expires Nov 28,2007 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: David Evans —Vice President Lennar Homes of California, Inc Dee Baker- Assistant. Secretary_______ Lennar Homes of California Inc.. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 111 3359 9222 Number of Pages: Two (2) . Date of Document: May�16, 2005 __,._,_..�____ _ Signers (other than those named above}:Eileen Robiso, n, Amethyst D. Weuve, Gordon J. Peterson ACKNOWLEDGEMENT State of California ) ss. County of Marin Cin May 1-6, 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. Diqkson BRENDA J. DICKSON 0 COMM.#1318092 > NOTARY PUSLIC-CALIFORNIA < MARIN COUNTY 0 My CoMM.Expires Auguot 17,2005" j QP1 J FIREN"S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUI"MOBILE INSURANCE COMPANY GENERAL POWER OF ATI`ORNEY ti TI 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 it Jersey a Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCL- CONTANY,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, seat, 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 seats 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 repeated: * "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 beading such facsimile signature or facsimile seal shall be valid and bind-tag 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 2 nd —day of November FIREMAN"IS FUND INSURANCE COMPANY 000 Sit NATIONAL SURETY CORPORATION 0 •+ tTHE AMERICAN INSURANCE COMPANY SEPT.3, X 6 E A l- ASSOCIATED INDENG41TY CORPORATION l S, sy AMERICAN AUTOMOBILE INSURANCE COMTANY cr-c *CE STATE OF CALIFORNIASS. By cj) COUNTY OF MARINN I Vice-President On this- 2nd -day of November 2 0 0 1 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 WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. .......... KRISTIN A.GAZZOLI r COMM.1$1262236 > -1 T NOTARY PL,61 1IC-CALIFORNIA ' r is N. MARIN C011 0 • My Comm.Expires Apd'209.2 N ti STATE OF CALEFORNTA SS. CERTIFICATE COUNTY OF MA11JN I 1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that die foregoing and attached POWE1%'% 01' 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 ,are now in force. I y Signed and sealed at the County of Marin. Dated ffie 16th day of May 2005 00 "" Ye to N lot*, is 711f 4% 4� 00 1.�7 a Z 7- SEPT 119ro 4W 44rct Rcsidew Assistant S retary IV