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HomeMy WebLinkAboutMINUTES - 06282005 - C7 e Y i TO: BOARD OF SUPERVISORS 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 RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ 390 for RA 02-01129(cross-reference Subdivision 7976),accepting completion of improvements for Windemere Parkway Culvert #4 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. 4 Continued on Attachment:_ SIGNATU _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE (S): ACTION OF BOARD ON JUNE 289 2005 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct __.XX 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 02-01129 B042.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 St.Paul Fire and Marine Insurance Company Attn:Patricia H.Brebner By , Deputy 333 City Blvd.,West#1100 Orange,CA 92868 Chris Low,City of San Ramon CONTRA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L, UEIR ClerMecorder Contra Costa County DOC. 200 �0239'1 3 1. Public Works Department Wednesday, JUN 29, 2005 15:14:16 Engineering Services Division Return to: FRE $0.00 Public Works Department Tt I Pd $0,00 Nbr-0002771901 Engineering Services DivisionI rc/RS/1-7 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/ 390 SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for Windemere Parkway Culvert#4,RA 02-01129(cross-reference Subdivision 7976),San Ramon(Dougherty Valley)area. (District" The Public Works Director having notified this Board that the improvements for RA 00-01129 (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; DATE OF AGREEMENT SURETY September 10, 2002 St. Paul Fire and Marine Insurance Company G:\GrpData\Engsvc\BO\2005\06-28\RA 02-01129 BO-42.doc TR:cnitn:sr Originator: Public Works(ES) Contact: Teri Rie(313-2363) 1 hereby certify that this is a true and correct copy of an Recording to be completed by COB cc: Public Works -Accounting action taken and entered on the minutes of the Board of -T.Bell,Construction Supervisors on the date shown. -T—December 28,2005 City of San Ramon,Attn:C.Low and J.White Windemere BLC Land Company,L.L.C. Attn:Brian Olin 6121 Bollinger Canyon Road,Suite#500 ATTESTED: JUNE 281_ 2005 San Ramon,CA 94583 JOHN SWEETEN, Clerk of the Board of Supervisors St.Paul Fire and Marine Insurance Company Attn:Patricia H.Brebner and County Administrator 333 City Blvd.,West#1100 Orange,CA 92868 Chris Low,City of San Ramon By Deputy RESOLUTION NO.2005/ 390 SUBJECT: Accept Completion of Improvements and Road Improvement Agreement for RA 02-01129(cross- reference Subdivision 7976), 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 285 2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: BE IT FURTHER RESOLVED the payment(labor and materials)surety for$364,500.00,Bond No.SV9446 issued by St.Paul Fire&Marine Insurance Company be RETAINED for the six month lien guaranteep eriod until December 7,2005, 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 Windemere Parkway Culvert Number 4 is ACCEPTED as COMPLETE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $7,300.00 cash deposit(Auditor's Deposit Permit No.391077 dated August 7,2002)made by Windemere BLC Land Company,L.L.C.and the performance/maintenance surety for$108,200.00,Bond Rider No. SV9446 issued by St. Paul Fire&Marine Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. Windemere BLC Land Company, L.L.C. will maintain Culvert Number 4 during the maintenance and warranty period. RESOLUTION NO. 2005/390 DECREASE RIDER To be attached to and form part of Bond Number SV9446 effective July 26 2002 issued by the St. Paul Fire and Marine Insurance Company in the amount of Seven Hundred Twentv One Thousand Seven Hundred and 00/100 - ---__ _ _ _ _ __ ___ ______ _ _ _ DOLLARS ($ 721,700.00 ), on behalf of Windemere BLC Land Company, LLC as Principal and in favor of County of Contra Costa as Obligee. Now therefore,it is agreed that: We. St. Paul Fire and Marine Insurance Company Surety on the above bond,hereby stipulate and agree that from and after the effective date The Performance portion of the bond is reduced: FROM: Seven Hundred Twenty One Thousand Seven Hundred and ($ 7219700.00 TO: One Hundred Eight Thousand Two Hundred and 00/100----- ($ 108,200.00 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 14th Day of April 2005 Signed, Sealed and Dated this 15th Day of April 9 2005 St. Paul Fire and Marine Insurance Company (Surety) By: Patricia H. Brebner Attorney-In-Fact S-2127/GEEF 2/98 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On April 15, 2005 before me, Angela Petropoulos,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner , NAME(S)OF SIGNER(S) ® personally known to me-OR- F-1 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. ANGELA PETROPOULOS Commission#1538595 Notary Public-Califomla Orange County WITNESS my hand and Ici s 1. My Comm.Expkes Dec 25,2008 sidI4 t URE O f NOTARY 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) F-1 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 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 7he POWER OF ATTORNEY u 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 Power of Attorney No. 22775 Certificate No. 1401792 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,Linda Enright, 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,seal 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 permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October ,2001 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 511fiETy Jti EIRE O\�`N..1 t - ;Q,! qti�., Y G. _ �7 * !_ 'PZ t pitPOq,�;� W:`G�PORgrt;;�t^�S n9p- ofCfl. "` .R1 'A 927 SEAL �01 1951 PETER W.CARMAN,Vice President State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 4th day of October 2001 ,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. 0�GGP EA *0- A44-r",&& Ator In Witness Whereof,I hereunto set my hand and official seal. p Ry 9 VeUC My Commission expires the 1 st day of July,2006. 09E C-`I ao REBECCA EASLEY ONOKALA,Notary Public 86203 Rev. 7-2002 Printed in U.S.A. F • ' f t I 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 Attomey(s)-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 Attomey(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. 1,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 15th day of April 2005 S1iETy FARE 6 �� MS P'�1N8V,gY r ��� * 'rj��•ORPORR1tt� W•' RATE.�iOR1927 :oSSLSEALt y9 / 9.51 -RANCEG °1s:iN'�a * Ids Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power ofAttorney,call 1-800-421-3880 and ask for the Power ofAttorney clerk. Please refer to the Power ofAttorney number,the above-named individuals and the details of the bond to which the power is attached.