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Home My WebLink AboutMINUTES - 06282005 - C3 r TO: BOARD OF SUPERVISORS 1 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: June 28, 2005 SUBJECT: Accepting Completion of Improvements,Road Improvement Agreement, San Ramon(Doughery Valle ) area. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 386 for RA 00-01106(cross-reference Subdivision 7976),accepting completion of improvements for Bollinger Canyon Road bridges across Alamo Creek,Road Improvement Agreement for project being developed by Windemere BLC Land Company, L.L.C., San Ramon(Doughery Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Windemere BLC Land Company, L.L.C., has completed the road improvements per the Road Improvement Agreement, 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 one year warranty period will not begin. Continued on Attachment: ✓ SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓XPPROVE OTHER SIGNATURE (S). ACTION OF B77 ON JUNE 26, 2005 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the xx UNANIMOUS(ABSENT NONE ) date shown. AYES: NOES: ABSENT: ABSTAIN: G:\GrpData\EngSvc\BO\2005\06-28\RA 00-01106 BO-42.doc ATTESTED: JUNE 28, 2005 CM:rm:sr Originator:Public Works(ES) JOHN SWEETEN, Clerk of the Board of Contact: Teri Rie(313-2363) cc: Public Works -Accounting Supervisors and County Administrator -T.Bell,Construction -Maintenance(w/Plat) -T—April 28,2006 Sheriff-Patrol Div.Commander Windemere BLC Land Company,LLC By , Deputy 6121 Bollinger Canyon Road,#500 tl San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 5 Peters Canyon Road Irvine,CA 92606 Chris Low,City of San Ramon CONTRA COSTA Coy Recorder Off see Recorded at the request of: STEPHEN L, UEIR Clerk-Recurder Contra Costa County DOC" 2006. 0239127�00 Public Works Department Wednesday, JUN 29, 2005 15:13:46 Engineering Services Division FRE $0.00 Return to: Public Works Department Tt I Pd $0,00 Nbr-@002771897 Engineering Services Division 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/ 1386 SUBJECT: Accepting Completion of Improvements, Road Improvement Agreement for Bollinger Canyon Road bridges across Alamo Creek,RA 00-01106(cross-reference Subdivision 7976), San Ramon(Doughery Valley) area. (District III) The Public Works Director having notified this Board that the improvements for RA 00- 01106 (cross-reference Subdivision 7976) have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company,L.L.C.heretofore approved by this Board; G:\GrpData\EngSvc\130\2005\06-28\RA 00-01106 BO-42.doc I hereby certify that this is a true and correct copy of an CM:rm:sr action taken and entered on the minutes of the Board of Originator: Public Works(ES) shoe. Contact: Teri Rie(313-2363) Supervisors on the date Recording to be completed by COB Cc: Public Works -Accounting -T.Bell,Construction -Maintenance(w/Plat) ATTESTED: JUNE 28, 2005 _T—April 28,2006 JOHN SWEETEN, Clerk of the Board of Supervisors Sheriff-Patrol Div.Commander Windernere BLC Land Company,LLC and County Administrator 6121 Bollinger Canyon Road,#500 San RamonCA 94583 Attn:Brian Olin By ,Deputy The American Insurance Company V 5 Peters Canyon Road Irvine,CA 92606 Chris Low,City of San Ramon RESOLUTION NO.2005/ 386 V SUBJECT: Accepting Completion of Improvements, Road Improvement Agreement for Bollinger Canyon Road bridges across Alamo Creek,RA 00-01106(cross-reference Subdivision 7976), San Ramon(Doughery 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 Road Improvement Agreement: DATE OF AGREEMENT SURETY September 11, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,106,000.00, Bond No. 11141715166 issued by The American Insurance Company 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 improvements are ACCEPTED as COMPLETE; the right of way was conveyed by separate instrument,recorded on November 16,2001,in Book 436 of Maps on page 29. Road Name Structures Road/R/W Width Length Bollinger Canyon Alamo Creek Bridges, Westbound Road Width—44' .03 miles Road length Eastbound Road Width—44' (2 bridges each 140' long) Total Road Width— 194' BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$22,100.00 cash deposit(Auditor's Deposit Permit No.372379,dated August 1, 200 1)made by Windemere BLC Land Company,LLC and the performance/maintenance surety bond rider for $328,500.00, Bond No. 11141715166 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. Windemere BLC Land Company, L.L.C. will maintain the bridge during the warranty and maintenance period. RESOLUTION NO. 2005/386 . l ....................................................... ............................................................ Fireman s Fund' Rider Executed in Duplicate Original To be attached to and form a part of Bond Number 111 4171 5166 'dated the 26 th day of September, 2000, executed by The American Insurance Company, Surety, on behalf of Windemere BLC 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 Three Hundred Twenty Eight Thousand Five Hundred and 00/100's Dollars ----- ($328,500.00). to guarantee that said work relative to the installation of street, a and other improvements on or along Bollinger . g ,_..-._.-,�,.� ,ge a neon R= in Project No. RA 1106, shall be free from defects in material 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 , 2005. (See attached signature g page) es Amethy. t D. We� ve Principal . The American Insurance Company Surety ,l �� -- -�. B (Seal) Witness Gordon Peterson Eileen M. Robison, Attorney-in-Fact ACCEPTED The above is hereby agreed to and accept Count ontra Costa Obligee B : Attest Title Title f 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: David Evans,Vice Presi t r By: Dee Baker,Assistant Secretary 4 ACKNOWLEDGEMENT State of California } ss. County of Marin On May 16, 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 I-X (Seal) Brenda J. Di kson r "••y�„ BRENDA J.DICKSON Q COMM.#11318092 D I NOTARY PUBLIC-CALIFORNIA T Q MARIN COUNTY O My COMM.Expires August 17,2005.4 NATIONAL SURETY CORPORATION FIREMAWS FUND INSURANCE COMPANY 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 INDEMNAITY CORPORATION, a Californiacorporation, 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 Attorneys}-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. Thispower of attorney is granted under and by the authority of Article VH 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." Is 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- 2Q01 #?A1"1"fMt,4r FIREMAN'S FUND INSURANCE COMPANY y ro* A NATIONAL SURETY CORPORATION '0THE AMERICAN INSURANCE COMPANY 0 7- SEPT.1 V11110 SE A,L. ASSOCIATED INDEMNAITY CORPORATION �b SL S O,y "-�'� •�'•'':;,:�r� 4f ANEFJCAN AUTOMOBILE INSURANCE COMPANY ELNVE STATE OF CALIFORNIASS. By COUNTY OF MARIN I Vice-Pmtdent On this 2nd -day of November 2 0 01before 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 wrrNEss WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. T KRISTIN A.GAZZOLI > r Co%iw#1262236 0 NOTpRy pUBlIC-CALIFORNIA 0 MARIN COUNTY My Comm.Expires April 29.20N .......... N ti STATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MARIN I 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 VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attonley,are now in force. Signed and sealed at the County of Marin. Dated the 16th day of May 2005 %% y �`'� •[ �'�i4161 let % CIN Ch 100 6 E A E_ SEPT. 7- CE Rcsidcnt Assistant S ctary