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Home My WebLink AboutMINUTES - 06282005 - C5 i TO: BOARD OF SUPERVISORS (141 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: June 28, 2005 SUBJECT: Accepting Completion of Improvements and Road Improvement Agreement, San Ramon (Dougherty Valley) area. SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 388 for RA 00-0 1111 (cross-reference Subdivision 7976),accepting completion of improvements for Bollinger Canyon Road Culvert #1 and Road Improvement Agreement 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): 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. � w Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _,,�PROVE OTHER Owl SIGNATURES ACTION OF BO ON JUNE 28. 2.005 APPROVED AS RECOMMENDED,xx OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct x_ UNANIMOUS(ABSENT NONE ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:cmm:sr G:\GrpData\EngSvc\BO\2005\06-28\RA 00-01111 BO-42.doc Originator:Public Works(ES) ATTESTED: JUNE 28) 2005 Contact: Teri Rie(313-2363) cc: Public Works -Accounting JOHN SWEETEN, Clerk of the Board of -T.Bell,Construction -T-December 28,2005 Supervisors and County Administrator Windemere BLC Land Company,L.L.C. 6121 Bollinger Canyon Road,Suite#500 San Ramon,CA 94583 The American Insurance Company 5 Peters Canyon Road By ,Deputy Irvine,CA 92606 Chris Low,City of San Ramon Recorded at the request of: Contra Costa County CONTRA COSTA Co Recorder Office Public Works Department Engineering Services Division STEPHEN L, WEIR, C Jerk=Recorder Return to: DOC" 2005" 0239229" 00 Public Works Department Engineering Services Division Wednesday, JUN 29# 2005 15:14:01 FRE $0.00 Tt I Pd $010 Nbr-0002771899 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 28, 2005 by the following vote: AYES. SUPERVISORS GIOIA, PIEPHO, DESAUNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN:[ NONE RESOLUTION NO, 2005/ 388 SUBJECT: Accept Completion of Improvements, Road Improvement Agreement for Bollinger Canyon Road Culvert#1,RA 00-01111 (cross-reference 7976),San Ramon(Dougherty Valley)area.(District 1H) The Public Works Director having notified this Board that the culvert improvements for RA 00-01111 (cross-reference 7976) have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company, L.L.C.,heretofore approved by this Board; 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: TR:cmm:sr I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2005\06-28\RA 00-01111 BO-42.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Fie (925-313-2363) Supervisors on the date shown. Recording to be completed by COB cc: Public Works -Accounting ATTESTED: JUNE 28, 2005 -T.Bell,ell,Construction -T. JOHN SWEETEN, Clerk of the Board of Supervisors — 28,2006 Windemere BLC Land Company,L.L.C. and County Administrator 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company By Deputy 5 Peters Canyon Road Irvine,CA 92606 Chris Low,City of San Ramon Resolution No.2005/ 388 SUBJECT: Accept Completion of Improvements, Road Improvement Agreement for Bollinger Canyon Road Culvert#L RA 00-01111 (cross-reference 7976),San Ramon(Dougherty Valley)area.(District III) DATE: June 28, 2005 PAGE: 2 DATE OF AGREEMENT SURETY September 11, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $552,550.00, Bond No. 11133582913 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; BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $11,100.00 cash deposit (Auditor's Deposit Permit No. 372112 & 372608, dated July 5, 2001 &August 7, 2001 respectively)made by Windemere BLC Land Company,L.L.C. and the performance / maintenance surety bond rider for $164,100.00, Bond No. 11133582913 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 culvert during the warranty and maintenance period. RESOLUTION NO. 2005/388 ............................................................ ............................................... Finaifs Fund* Rider Executed in Duplicate Original To be attached to and form a part of Bond Number 111 3358 2913 dated the 25h day of June, 2001,1 mw� executed by The American Insurance company, Surety, on behalf of Windermere 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 One Hundred S xty our Thousand One Hundred and 00/100's Dollars ---- ($164,100.00) to guarantee that said work relative to the installation of Culvert#1 in Project No. RA 1111, shall be fee 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) it ess Principal A th t D* W uve The American Insurance Company Surety (Seal Witness Gordon ,*`J" . Peterson Eileen M. Robison, Attorney-in-Fact ACCEPTED Th ave is hereby agreed to and accepted: County otCAmtf'o costa Obligee By: Attest -Title Title ♦ O 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 Preside By. Dee Baker,Assistant Secretary • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 20., 2005 before me, Dina Printy, 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 PRINTY Commission# 1453610 Z Notary Public -California Z 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 3358 2913 Number of Pages.- Two (2) Date of Document: May 6,, 2005 Signers (other than those named above):Eileen Robison, Amethyst D. We Gordon J. Peterson • 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 (Seal) Brenda J. Dic on r VMA BRENDA J. DICKSON 0 COMM.#1318092 > L NOTARY PUBLIC-CAUFORMA I < MARIN COUNTY 0 1 My Comm.Expires August 17,2005 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNYff CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATIPORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREM[AN'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 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 dulyattested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises- This power of attorney is granted under and by the authority of Article Vff 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." IN WrINESS 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 2001 FIREMAN'S FUND INSURANCE COMPANY �� .� ,�:••'"'-.`'��,. ��t,.••..`..,,,,,...so •+ 41P NATIONALS CORPORATION 0 TIM AMMCAN INSURANCE COMPANY -7SEA- SEPTASM •`= ASSOCIATED INDENflqITY CORPORATION `�� "'"°"r'Q� t�.::..•• ,.� CE cQ`'4�' #"'',sr`1 o;,.-�� AM[EFJCAN AUTOMOBILE INSURANCE COMPANY CE STATE OF CALJFORNIASS. By COUNTYOF MARIN I Vice-President on this 2nd_-day of No vemb e r 2 0 01 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 W INESS WHEREOF,I have hereunto.set my hand and affixed my official seal,the day and year herein first above written. -;,_ KRISTIN A.GAZZOLI r 0 COMM.#1262236 NOTARY PUS'IC-CALIFORNIA 0 MARIN COUNTY My COMM.Expires April 29,2004 9 STATE OF CALIFORNIA SS. CERTIFICATE Nffp COUNTY OF MARIN I 1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER 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 Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 16th day of May 2005 yofA Nurj?%,�%%k% tE -C 40 .0 o SEPT.3.19 -T ol C> %0 0 E C"E4 Resident Assistant S rotary