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HomeMy WebLinkAboutMINUTES - 06132006 - C.13 (2) CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L WEIR, Clerk-Recorder Contra Costa County DDC— 2006-0188280-00 Board of Supervisors Return to: Wednesday, JUN 14, 2006 09:29:24 Public Works Department FRE $0.00 Engineering Services Division Tt l Pd $0.00 Nbr-0003282623 Ire/R9/1-12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I Adopted this Resolution on June 13, 2006, by the following vote: AYES: Uilkema, Pieplio, DeSaulnier.-Glo_er and Gioia NOES: Notre ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ % 4,0 SUBJECT: Accepting completion)of landscape improvements for Subdivision Agreement(Right of Way Landscaping)for RA 02-01142(cross-reference Subdivision 00-08507),San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Albion Road and Windemere Parkway. The Public Works Director has notified this Board that the Right of Way Landscaping improvements for RA 02-01142 (cross-reference Subdivision 00-08507), have been completed as provided in the Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, heretofore approved by this Board; TR:kg 7_:\Grl)Data\EngSvc\BO\2006\06-13\RA 02-01142 BO-145 DV(ROWL).doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct copy of an Recording to be completed by COB I.D.94-3291516 action taken and entered on the minutes of the Board of cc: Public Works A.Bell,Construction Div. Supervisors on the date shown. P.Tehaney,M&T Lab I.Bergeron,Mapping Div. B.Balangan,Engineering Svc. ATTESTED: T.—April 13,2007 1 Sheriff-Patrol Div.Commander JOHN CULLEN, Clerk of the Board of Supervisors and CHP,coo Al County Administrator CSAA—Cartog Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 P 7V ATTN: Brian Olin By , Deputy Travelers Casualty and Surety Co.of America) 9325 Sky Park Court,Suite 220 San Diego,CA 92123 ATTN: Grace Reza RESOLUTION NO.2006/ t36 a I . i . i i SUBJECT: Accepting completion iof improvements for Subdivision Agreement (Right of Way Landscaping)for RA 02-01142(cross-reference Subdivision 00-08507),San Ramon (Dougherty Valley) area. (District III) DATE: June 13, 2006 PAGE: 2 NOW THEREFORE BE IT (RESOLVED that the landscape improvements have been COMPLETED as of June 13,2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right of Way Landscaping): DATE OF AGREEMENT NAME OF SURETY December 9, 2006 Travelers Casualty and Surety Company of America BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,036,263.00, Bond No. 104 125 122 issued by the above surety be RETAINED for the six month lien guarantee period until December 13,2006,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 Right-of-Way Landscaping improvements on Albion Road and Windemere Parkway are iACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, (the San Ramon City Council shall accept the landscape improvements for maintenance in iaccordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$20,700.00 cash deposit(Auditor's Deposit Permit No.413390,dated October 16, 2003) made by l Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $307,774.00, Bond No. 104 125 122 issued by Travelers Casualty and Surety Company of America 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. i . i i RESOLUTION NO. 2005/3Cm RIDER To be attached to and form part of. Bond Number 1041 25122 ! Dated 9/24/03 issued by the Travelers Casualty and Surety Company of America i in the amount of $2,051,826.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of COUNTY OF CONTRA COSTA (Obligee) ! Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Bond Amount shall be amended: FROM: $2,051,826.00 TO: $307,774.00 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 12th!day of September, 2005. Signed, Sealed & Dated this 12th day,:of September. 2005. I WINDEMERE SLC LAND COMPANY,LLC., a California limited liability company I By: LEN-OBS WINDEMERE, LLCM, 1 a Delaware limited liability company, its Managing Member i By: LENNAR HOMES OF CALIFORNIA, INC., a California Corporation, its Managing Memb By: ,n ! Greg Pomi, Vice President ! Dee Baker, Assistant Secretary Travelers Casualty and Casualtyand SuretyCompanyof America (Surety) 'Grace Reza, Attorney-i Pact) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT i - State of California County of Orange On September 16, 2005 before me, Dina Printy, Notary Public, personally appeared Greg Pomi 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 se I. "6 :, DINA PRINTY y Commission## 1453510 NoiarV 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: Greg Pomi —Vice President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. I DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bondl No. 104125122 Number of Pages: One (1) Date of Document: September 12, 2005 I Signers (other than those named above):Grace Reza I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 _ I -- —State of California -- — - — --— - - i County of Orange I On September 12 2005 before me, Jeri Apodaca DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Grace Reza NAME(S)OF SIGNER(S) . ® 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. JERI APODACA Comm.p. 1379729 r() NOTARY PUBLIC CALIFORIVA V' WITNESS my hand and official seal. Orange Courly .� F.1Y Comm Expires On.12,2006 j SIGNAT RE OF NOTARY Jeri Apodaca 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) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: I i SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) I SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 I TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY —Hartford, Connecticut-06183-9062— POWER onnecticut-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, Siate of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents. make, c;onstiti:te and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella- Myers, Rhdtida C.,Abel, Stanley C. Lynn, Jane Kepner, Grace Reza, Rosa E. Rivas,Ashley K. Ward, of Irvine, California, their true and lawfil.Attorney(s)-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 Chauinan,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 is 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 C�mpany'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 I seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal sh'lall be valid and binding upon the Company in the future with respect to any.bond or undertaking to which it is attached. i (02-05)Unlimited DRAFT _. .—--- --- — -- - - -- updated 7_19-05- RAI 142 Pre-Maintenance Punch List December 20, 2004 Present 12-16-04: Jeff Ysmael, County; Jean-Paul Ripert, City-, Matt Early, City; Lou Gunn, Windemere; Kim K-rohn, Valley Crest; Jesus Valdez, Valley Crest; Mike Underwood, Valley Crest; Barbara Johnson,.Valley Crest; and Brian Dutchover, ASD Present 12-20-04: Jeff Ysmael, County; Jean-Paul Ripert, City; Sean Anderson, City; Lou Gunn, Windemere; Tim Hendricks, Valley Crest; Jesus Valdez, Valley Crest; Mike,Underwood, Valley Crest; Barbara.Johnson,Valley Crest; and Brian Dutchover, ASD Present 4-15-05: Tim Hendricks, Valley Crest; Jesus Valdez, Valley Crest; Mile Underwood, Valley Crest; and Brian Dutchover, ASD Present 7-19-05: Larry Theis, County; Lang Leong, County; Ryan McCallum, Windemere; Tim Hendricks, Valley Crest; and Brian Dui chover, ASD A review was conducted of the completed landscape improvements for RA1142/Phase 2 Backbone Roadways from punch list dated 12-20-04. The following struck items have been completed, italicized items are clarifidations and all other items remain to be corrected. 2. Repair- finish gade at eener-e 4 ViQgi , 115,alig,, +,-oo rtAko'; And ,-e large ifee 600 . .,, Eed i4-4--old An 147;,, 70,,,0. D ,1.,,.,,,. S. R«E)A0P_ se4W-F-etefeetingsat13ekI Of derrrallRe1rside e€�A'7i;4 dexier-ePfflkFA'&),(sta. =3?-=54. 6.Remove-eefiei-ete-feetings at ba elof s}dey"alk an side-e€ 364=00). g I ' 8. Repair- €nish grade-41 pai4iwaystRp en fiefth-side of Win demergP-w4wa(sta.-41*0 9.Repaii-finish -gade-in p�1eA,aY, e -8tith Side Of WindeMere l-af"'a,'(sta. -3 =i-50 to 10. Repaii- finish grade , tu4 a i 1, ,le,,.,,n, an „+l, Side of 11414 deme,-e n.,-1eA,a,. (sta. 0t 32*04. � 1 } Aeplaee ,,,1 walve. be „+1, moo„ ,1, 1,, + to „+ + 1,., 7- f �; 70 17• OR seuth side of W indemerear-k ti�la3� sta. _. 4�0). 14. Adjust utility bexes to ggr-ade- i� par-!E�A,ay str-ip an south side 4 WindeFAer-@ P44oA,ay . („+a. nc*nn) I RAI 142 - Phase 2 Backbone Roadways Page i ora . _ DRAFT Updated 7-19-05 46.Re�}e Y�-- valve-1 ex 1}d--A i—ig"eirgate-valve ; l,,,,.,y t.-;mouth side of 17. Replaee niissiiib utility box lid- a I (std 4�). (Sta. 584=00). 19. 144Rd-eme n.,,-1.,,..,,, (sta. 2- I 6n.� n+e 614=90)- Item to be corrected by Plan.Revision. �)- 72.-Repa�finish gFade in par-IPA,ay ship E)H H0141-36AS4'Sid-R-1 A-f-AIWAP R" RAAd (sta..-34*20 te-3450). I -- Ra.ad (sta.384=75~). Albion Read (sta. 3490). 24. Repair-AF=Si gi$�E-�H��1��f-5��"i�eF� eaafrt-S}Ef� �Zzrbien ReuE-ESto 17475 1 -25. I Refflo to stand pipes at baek of s}1e;Atm,:-eR.HeAheast siEI@ of Albion Read (sta. 47=680). 26. Repair-finish -,- ad@ in paf",-ay-stAp an fieftheast Sid@ ef Albion Read(sta. ^ ). 2T- Repair-finish ale-ir�� 1�r`La3��tlip en a east side of Albiei;�zsta.56 -29. histall nozzles speeified- fiffl- in-iglatiefi vaive AM seuthwest side 4 Albion Read . 34=00teT?; 29. histall.batten bear-d. -9, mat@rriai at tr-ee stakes an set+thwest side 4 Albion Read (sta, 2 W4. 34*nm 30 -Repgado in lens a ► stl} an seuthwest s3deof AlbJ dTSt - 0 .I ellvffilk, i;-;- eul de sae en sauthwest side of Albien Read . -12--7n to 32. Replaeo dead ei- Haissing Vise,, iflia sli Ribs at baek of sid&A,alk 011 s ssid-As E)f Albion Read (sta. 34*29 te35+?4 3 2�. Repaiy finish gade in par4way str-ip on sEmtI:;-v.,e-s# side A-f- Albion -R-A--Ad (sta. 36:4=50 to :3644.5). 1 34. Remove eenei-ete feetiflgs f+E)n4-.l bHek ef Sidewalk en southwest side ef Albiali Read . 35 Gemplete landseap "ts -A* b—i4ek- -ef sidewalk on southwest side ef Albion Read (sta. :3 7*45 t, -A( R€`niove-eenerete feetiiigs- e Y+ ek Al: sidevi 'ate' ase ,tet-s:ae ef Albion Read (sta. 37 -Reap ;,- aish g ad@ ; „-1 , side.,( n 11bie R--d- (sta. 414=40).- 39. Repaii- 144nl39-Repaii- inishgtade-iparkwqys�}-.penseut}iwastside eAlbion Read sta-4` 4=2 - la , - ��f ; . , ,VOSt Side-Of Arlbien Read (sta--46 40. Re.,laee , Die es-slams-at-We,1- 4 sidewalk- an soutkw@st Sid@ „r Albion Read Vita. 4;44&). RAI 142 - Phase 2 Backbone Road i ays Pagc 2 of i DRAFT -- ---- - �- - -- - - Updated 7-19-05 I 42 Pr-.,vide lid ., pull be* at r,.,..1.. of I;.ra..,alk- of Albion Rea (sta. 49*90) i 43. Repair-fkiish gradein paflpA,E�y str-ip An southwestside-efAlbion Read (sta. 514=50 to*a5)- 44. ROPaiF fiHiSh gr-ads in par-kway stfip EM SOROhNAM-9-14 Sit-10 OfAlbiA_14 R_A__Ad (Sta. 53=4904-. 45. Replae@ missing, slffubs a4 baek 4-f Sid-t-2,1A,-Alk A-4-;- side ef Albi6n Read (sta. 54*75 to DEFERRED TO MAINTENANCE.PERIOD: The following items are to be completed prior to the conclusion of the maintenance periiod and final acceptance. 46. Install concrete mowbands at project limits in cul-de-sac from back of sidewalk to soundwall. 47. Seal concrete expansion joints with a polysulfide or polyurethane waterproof caulking. 48. Repair all chips and spalls in concrete paving, mowbands &curbs as marked in field. 49. Secure approval from DSRSD ofiirrigation coverage and pressure test. 50. Install DSRSD recycled water signs in location approved by County. 51. Provide signed-off building permits. 52. Provide.manufacturer's literature; sales receipts and laboratory analytical data for amendments, fertilizers, mulch, plant materiall and hydroseeding worksheets as required by City Standard Specifications. 53. Provide manufacturer's certification of irrigation flow meter and irrigation controller installation. i 54. Provide manufacturer's certification of irrigation booster pump. 55. Provide telephone wiring to lirrigation controllers per manufacturer's and telephone company's specifications. 56. Provide phone service for controllers at City expense. 57. Provide street addresses for electrical meters and water meter numbers for irrigation services. 58. Provide record drawings, controller charts, operation and maintenance manuals and hardware items as required by City Standard Specificatiorns. 59. Provide padlocks for electrical meters & irrigation booster pump. City to provide loci: and key information. 60. Provide plan revision drawings showing deviations from approved plans including, but not limited to: a. Driveway addition on south side of Windemere Parkway(sta. 30+50). b. Fence location at back of sidewalk on north side of Windemere Parkway (sta. 32+00 to 32+40). 1 c. Fence location at back of sidewalk on south side of Windemere Parkway (sta: 32+00 to 32+40). d. Street light at fence on South side of Windemere Parkway(sta. 42+20). e. Re-routing of irrigation mainline &booster purnp location oil Albion Road. f. Concrete mowband or fence at project limits at back of sidewalk on south side of Windermere Parkway (sta. 60+20 to 61+80). .RAI 142 —Phase 2 Backbone Roadways Paue 3 of'4 i DRAFT Updated 7-19-05 Additional items added 4-15-05: 61. Replace dead Rosmarinus shrub;at back of sidewalk on south side of Windemere Parkway (sta. 34+25 to 35+00). 62. Prune or replace Pyrus trees as necessaryto remove bacterium on Albion Road. i i i ' I i i i i i i RA 1 142 Phase 2 Backbone Roadways Paoc 4 oro