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HomeMy WebLinkAboutMINUTES - 03132007 - C.5 C' Jig- TO: g-.TO: BOARD OF SUPERVISORS � Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa 4 DATE: March 13, 2007 f ��" County SUBJECT: Accept completion of improvements, Subdivision 05-08924, for project being developed by Windemere BLC Land Company,LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Subdivision 05-08924,accepting completion of improvements,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Windemere BLC Land Company, LLC, 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: The completion of improvements will not be accepted and the warranty period will not begin. Continued on Attachment: a/SIGNATURE: .iRECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE KHER r SIGNATURES ACTION OF BOAR6,6N APPROVED AS RECOMMENDED OTHER vo�E OF SUPERV RS t I hereby certify that this is a true and correct V UNANIMOUS(ABSENTC.Z ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LB:vZ G:\EngSvc\BO\2007\03-13\13045 DV(SUB)SD 05-08924.doc date shown. Originator: Public Works(ES) Contact:Teri Rie(313-2363) Recording to be completed by COB I.D.94-32915161* cc: PubliclicATTESTED: ;e Works -A.Bell,Construction r✓✓r7 g �MUV�7 Tehaney,Mapping Div.Lab 1.Bergeron,MapJOHN CULLEN� Clerk of the Board of -I. L.Breen,Engineering Svc. Supervisors and County Administrator T.—January 13,2008 Sheriff-Patrol Div.Commander CNP,c/o Al CSAA—Cartog Chris Low,City of San Ramon By , Deputy 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity Deposit Company of Maryland 801 Brand Blvd,Penthouse Suite Glendale,CA 91203 Attn:Rosa E.Rivas ii��►►i ii►i►iii►►iii►ii ii►►i►► ii►ii uiii►iii►�i►i T CQNTRA CQSTA Co Recorder Office Recorded at of: StEPHEN 1, WEI�R�C1�075648-0@ Board of Supervisors 20 DOC _ Return to: Wednesday, MAR 14, 2007 14:30:26 Public Works Department FRE $0.00 Engineering Services Divisiontl �1d �0 �� Nbr-0003633696 L r lrc/R9�1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 13, 2007 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA,BONILLA,AND PIEPHO NOES: NONE ABSENT; SUPERVISOR GLOVER ABSTAIN: NONE - - RESOLUTION NO. 2007/ SUBJECT: Accepting completion of improvements, Subdivision 05-08924, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway. The Public Works Director has notified this Board that the improvements in Subdivision 05- 08924 have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company,LLC,heretofor--approved by this Board in conjunction with the filing of the Subdivision Map. LB:vZ G:\EngSvc\BO\2007\03-13\BO-45 DV(SUB)SD 05-08924.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(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 A.Bell,Construction P.Tehaney,M&T Lab �(� p I.Bergeron,Mapping Div. ATTESTED: /%a/� /i 7_ -900,oX— L.Breen,Engineering Svc. T.—January 13,2008 JOHN CULLEN� p Clerk of the Board of Supervisors and - Sheriff-Patrol Div.Commander County Administrator CHP,c/o AI CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC By , Deputy 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity Deposit Company of Maryland 801 Brand Blvd,Penthouse Suite Glendale,CA 91203 Attn:Rosa E.Rivas /67RESOLUTION NO.2007/ SUBJECT: Accepting completion of improvements, Subdivision 05-08924, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District IIn DATE: March 13, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 13,2007 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 SURETY October 4, 2005 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,035,500.00, Bond No. 08821661 issued by the above surety be RETAINED for the six month lien guarantee period until September 13,2007,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 Aldgate Way, Paige Way, Kearny Way, Keats Lane, Enfield Street and Paige Court,for the hereinafter described public roads,as shown and dedicated for public use on the Final Map of Subdivision 05-08924 filed October 7, 2005, in Book 484 of final maps at Page 8, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Aldgate Way 36' curb/56' RW .03 Paige Way 36' curb/56' RW .33 Kearny Way 36' curb/56' RW .05 Keats Lane 36' curb/56' RW .15 Enfield Street 36' curb/56' RW .08 Paige Court 36' curb/48' RW .07 Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Company,LLC,shall retain the subdivision improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $20,700.00 cash deposit (Auditor's Deposit Permit No. 451038, dated September 12, 2005) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $307,600.00, Bond No. 08821661 issued by Fidelity Deposit Company of Maryland 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. RESOLUTION NO. 2007/ RIDER To be attached to and form part of.- Bond f:Bond Number 08821661 dated 7/14/2005 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND in the amount of '$2,050,300.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor.of CONTRA COSTA COUNTY (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: $2,050,300.00 TO: $307,600.00 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 October, 2006. Signed, Sealed &Dated this 16th day of October, 2006. WINDEMERE BLC LAND COMPANY, LLC By: See attached signature block (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Surety) By: a&-6_ ` Rosa E. Rivas, Attorney-in-Fact Bond No. 08821661 Decrease Bond Rider—Sub 05-08924 aka Village 40 Subdivision Agreement for Street Improvements 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: G G� Brian G. Olin,Vice-President By: Erik S.S. Brown,Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��;'.�>ct>.c�`.cr.�-c<>-c<>�;,c'.c`r�,c,c".c�.cS<.cs'�.cc.cr<c�c`.cc�.cc>.c�'.c�'•c�`.c^<cc.e�.c�<c�-c�?%c�'.c<`.c�'<c�`�<�'.c�'.cc�,c<`.oy� State of California ��h rrU 60-� ss. County of On 0AL'I, Z,g before me, Date Name and Title of Officer e. '> J ( g.,"Jane Doe,Notary Public") personally appeared e7 �� � ��f Bi�✓ti Name(s)of Signer(s) Ipersonally known to me Z ❑ proved to me on the basis of satisfactory evidenced�'' �s f` to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefst they executed the same in *s+ef/their authorized 9 capacity(ies), and that by 4iisttrer/their RtiM NL9d X10► signature(s) on the instrument the person(s), or q. 16710361 the entity upon behalf of which the person(s) i to*"Fl-CamOIMO acted, executed the instrument. ti (i Contra Cotlo County s� MMCexmi.6�YsMp�►Z4,�1 WITNE ilhannd official seal. r Signature of Notary P tic OPTIONAL - C@ Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. S Description of Attached Document , Title or Type of Document: �5l Document Date: Number of Pages: :s i Signer(s)OtherThanNamed Above: Capacity(ies) Claimed by Signer ) Signer's Name: WIWIE3 Individual Top of thumb here ; ❑ Corporate Officer—Title(s): i ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ) IN ❑ Guardian or Conservator t ❑ Other: r Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On October 16, 2006 before me, J. Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rosa E.Rivas 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 J. sARRAGAN behalf of which the person(s) acted, executed the instrument. Commission# 1635125 @my Notary Public-CQUtotnia Orange County Comm.Expires Jan 5,201 Of WITNESS my hand and o 'cial seal. SI ATURE OF 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 F-1. INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED H 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/GE 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J. MILLS,Vice President,and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e , dds by nominate,constitute and appoint Rosa E.RIVAS,of irvine,California, its true and lawful C tt -in- make,execute,seal and deliver,for,and on its behalf as surety,and as its act and o c d ngs,and the execution of such bonds or undertakings in pursuan o ,s on said Company,as fully and amply,to all intents and purposes,as if th cute 8 ged by the regularly elected officers of the Company at its office in Bal ' r®, heir �r r v The said Assistant r e ere �t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- w s ' now in force. o IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of October, A.D. 2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DEPOr.1 O O By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Marylandt ss: City of Baltimore f On this 5th day of October, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President,and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 0e*-ASR'1t4)-bD Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-5025T EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President,or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts,agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16th day of October 2006 Assistant Secretary