HomeMy WebLinkAboutMINUTES - 03132007 - C.6 TO: BOARD OF SUPERVISORS ��E sE L Contra
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FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
f iilllll- Z
DATE: March 13, 2007 °°'F - '`Pv County
`rT'`1 COUN"�
SUBJECT: Accept completion of improvements, Subdivision 05-08925, 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/A§-.L for Subdivision 05-08925,accepting completion ofimprovements,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: �-' SIGNATURE: ✓
ECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
.--APPROVE THER
SIGNATURES
ACTION OF BO?�o ON APPROVED AS RECOMMENDED OTHER
VCE OF SUPE SORS
VV UNANIMOUS(ABSENT A.S f ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
LB:vz
G:\PngSvc\BO\2007\03-13\6045 DV(SUB)SD 05-8925.doc date shown.
Originator: Public Works(ES)
Contact:Teri Rie(313-2363)
Recording to be completed by COB
I.D.94-3291516 ATTESTED: /�'IQ' F A �,g &O;—
cc: Public Works -A.Bell,Construction
P.Tehaney,M&T Lab JOHN CULLEN, Clerk of the Board of
I.Bergeron,Mapping Div.
L.Breen,Engineering Svc. Supervisors and County Administrator
T.—January 13,2008
Sheriff-Patrol Div.Commander
CHP,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:Nanette Mariella-Myers
IIII III III I III II IIII I II II(IIII II III I IIII I III II III
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder
Contra Costa County D
Board of Supervisors OC— 2001-0075649-00
Return to: Wednesday, MAR 14, 2007 14:30:30
Public Works Department FRE $0.00
Engineering Services Division Tt 1 Pd $0.00 Nbr-0003633697
Irc/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/ ot,
SUBJECT: Accepting completion of improvements, Subdivision 05-08925, for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District III)
These improvements are approximately located near East Branch Parkway and Windemere
Parkway.
The Public Works Director has notified this Board that the improvements in Subdivision 05-
08925 have been completed as provided in the Subdivision Agreement with Windemere BLC Land
Company,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision
Map.
LB:vz
G:\EngSvc\B0\2007\03-13\BO45 DV(SUB)SD 05-8925.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
-1. Te gamy,Map Lab �drC /?
-I.Bergeron,Mapping Div. ATTESTED: �
-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 Al
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:Nanette Mariella-Myers t�
RESOLUTION N0.2007/ /��'
SUBJECT: Accepting completion of improvements, Subdivision 05-08925, for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District IIID
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$1,527,000.00,
Bond No. 8821659 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 Percy Lane,Keats Lane,Arlington Way,Fenwick Way,
Enfield Street, Alvo Court, Lambeth Way, Farrington Way and Thurlow Way, for the hereinafter
described public roads, as shown and dedicated for public use on the Final Map of Subdivision 05-
08925 filed October 7,2005,in Book 484 of final maps at Page 3,Official Records of Contra Costa
County, State of California, are ACCEPTED AS COMPLETE.
Road Name Road-R/W Widths Lengths (Miles)
Percy Lane 36' curb/56' RW .12
Keats Lane 36' curb/56' RW .08
Arlington Way 36' curb/56' RW .20
Fenwick Way 36' curb/56' RW .08
Enfield Street 36' curb/56' RW .21
Alvo Court 36' curb/48' RW .02
Lambeth Way 36' curb/56' RW .14
Farrington Way 36' curb/56' RW .06
Thurlow Way 36' curb/56' RW .12
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 $30,500.00 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$453,530.00,Bond No. 8821659 issued by Fidelity
and 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.
RESOL UTION NO. 200?/ IT Z
RIDER
To be attached to and form part of:
Bond Number 08821659
dated 7/14/2005
issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
in the amount of $3,023,500.00
on behalf of WINDEMERE BLC LAND COMPANY, LLC
(Principal)
and in favor of CONTRA COSTA COUNTY
(Obligee)
Now therefore, it is agreed that the attached bond shall be amended as follows:
The Bond amount shall be amended:
FROM: $3-9023,500.00
TO: $453,530.00
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 11 th day of September, 2006.
Signed, Sealed & Dated this 13th day of September, 2006.
WINDEMERE BLC LAND COMPANY, LLC
By: See attached signature block
(Principal)
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
(Surety)
By:
Nanette Mariella-Myers, Attorney-in-Act
Bond No. 08821659
(Decrease Rider for Sub.05-08925 aka Village 41 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: ���_
Brian G. Olin,Vice-President
By: GZ✓Y
Erik S. Brown, Asst. Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California
/ }
County of ss.CGS Lol fQ
On([���ltr�6tf'� 2M before me, ����n �is��� ,Notary Public,
personally appearedr� �� S' 8r4�� B// �• ��''L
Apersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s)whose name(s)as/are
subscribed to the within instrument and
acknowledged to me that he41m/they
executed the same in hisAwdtheir authorized
capacity(ies),and that by44sAwftheir
RUIN RM NOW signature(s)on the instrument the person(s),
Callon 0 167MI or the entity upon behalf of.which the
No"ftAft-COMOMIC person(s)acted,executed the instrument.
COMM Ca1t CourMr
MyComm.&VkWMoy266 20
WITN S han nd official seal
OPTIONAL
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.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
Signer's Name:
❑ Individual
0 Corporate Officer—Title(s): Top or thumb here
0 Partner- Limited General
❑ Attorney-in-Fact
0Trustee
0 Guardian or Conservator
❑ Other:
Signer is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On September 9, 2006 before me, T. England, Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Nanette Mariella-Myers
NAME(S)OF SIGNER(S)
® personally known tome -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.
L ENGLAND �
Commission# 1657153 2
a s Notary Public - California
' Orange County WITNESS my hand and official seal.
My Comm.Expires Apr 9,2010
SIPVTURE 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
❑ 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:
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 a to dZs by nominate,constitute
and appoint Nanette MARIELLA-MYERS,of Irvine, California, its t mey-in-Fact,to make,
execute, seal and deliver,for,and on its behalf as surety,and a d undertakings,and
the execution of such bonds or undertakings in purs o ent g upon said Company,as fully
and amply,to all intents and purposes,a u 11h wl,-dged by the regularly elected officers
of the Company at its office in , ' ns. This power of attorney revokes that issued on
behalf of Nanette rs d v p
The said Assistant o t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- C any,-and is now in force.
IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of April,
A.D.2005.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'gyp DfPpS�J
�a 1-5 v n
fo 0
W
By:
Eric D. Barnes Assistant Secretary William J.Mills Vice President
State of Maryland1 ss:
City of Baltimore f
On this 13th day of April, A.D. 2005, 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.
'.v'•. 2tIJ ti
Constance A.Dunn Notary Public
My Commission Expires: July 14,2007
POA-F 012-5025
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 Attomeys-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 a
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 13th day of September 2006
L/
Assistant Secretary
a