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Home My WebLink AboutMINUTES - 03132007 - C.7 TO: BOARD OF SUPERVISORS -� s e L =_ Contra . �� ti ,.,o� FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR `+ Costa n - s DATE: March 13, 2007 ST•q-COUIy County SUBJECT: Accept completion of improvements, Subdivision 05-08926;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" for Subdivision 05-08926,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: t/ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S)- ACTION IGNATURE S -ACTION OF BO ON )e 9 t APPROVED AS RECOMMENDED OTHER voT,E of SUPE ORS I hereby certify that this is a true and correct VE UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: p LB:vz date shown. G:\EngSvc\BO\2007\03-13\BO45 DV(SUB)SD 05-8925.doc Originator: Public Works(ES) Contact:Teri Ric(313-2363) Recording to be completed by COB I.D.94-3291516 ATTESTED: 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 CONTRA COSTA Co Recorder Office STEPHEN L, WEIR Clerk-Recorder Recorded at the request of: DOC— 200' —0075650-00 Contra Costa County Board of Supervisors Wednesday, MAR 14, 2007 14:30:34 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0.00 Nbr-0003633698 Engineering Services Division 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 l - -- - RESOLUTION NO. 2007/ /Z" SUBJECT: Accepting completion of improvements, Subdivision 05-08926, 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. The Public Works Director has notified this Board that the improvements in Subdivision 05- 08926 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\BO\2007\03-13\BO45 DV(SUB)SD 05-8926.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 / a 71M /3 q_ ,„; I.Bergeron,Mapping Div. ATTESTED: / -(+�'�/ L.Breen,Engineering Svc. JOHN CULLEN Clerk of the Board of Super-visors and T.–January 13,2008 ' p 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 RESOLUTION N0.2007/ SUBJECT: Accepting completion of improvements, Subdivision 05-08926, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: March 13, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 13,2,007 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$1,393,000.00, Bond No. 8821657 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 Enfield Street, Arlington Way, Keats Lane, Hoskins Lane, Halifax Way and Kearny Way, for the hereinafter described public roads, as shown and dedicated for public use on the Final Map of Subdivision 05-08926 filed October 7, 2005, in Book 483 of final maps at Page 48, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Enfield Street 36' curb/56' RW .10 Arlington Way 36' curb/56' RW .09 Keats Lane 36' curb/56' RW .14 Hoskins Lane 36' curb/56' RW .33 Halifax Way 36' curb/56' RW .25 Kearny Way 36' curb/56' RW .01 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 $27,900.00 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$413,720.00,Bond No. 8821657 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. RESOLUTION NO. 2007115,3 RIDER To be attached to and form part of: Bond Number _ 08821657 dated 7/14/2005 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND in the amount of $2,758,100.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore,the.attached bond shall be amended as follows: The Bond Amount shall be amended: FROM: $2,758,100.00 TO: $413,720.00 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 11th day of September, 2006. Signed, Sealed &Dated this 1 lth day of September, 2006. 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 See attached signature block (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Surety) By: Nanette Mariella-Myers, Attorney -Fact Bond No. 08821657 (Rider Subdivision No. 05-08926 aka Village 42) 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: Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California } ss. County of OnU,WlCbIeZZ, Zed before me, 417— - U/Sh�f Notary Public, personally appeared Arl&h Xpersonally known to me ❑proved tome on the basis of satisfactory evidence to be the person(s)whose name(s)4eare subscribed to the within instrument and acknowledged to me that he4he/they executed the same in hisA4er/their authorized capacity(ies),and that by-As4ter/their signature(s)on the instrument the person(s), RM ELLEN IMMM or the entity upon behalf of which the C nwdsdcn 0 1670361 person(s)acted,executed the instrument. No" - Conim Carta County WITH S ha and official seal. qffMV Comm.E0'M Mal►26,201 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 ❑ Corporate Officer—Title(s): Toa or thumb here ❑ Partner- Limited General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On September 11, 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 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 T. ENGLAND behalf of which the person(s) acted, executed the instrument. Commission# 1657153 Z ;=� Notary Public-California Orange County My Comm.Expires Apr 4,201 o WITNESS my han nd official seal. SIG URE 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 e dds 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 p ents. g upon said Company,as fully and amply,to all intents and purposes,as ' u e it wledged by the regularly elected officers of the Company at its office in nt ' p ns. This power of attorney revokes that issued on behalf of Nanette rs d v 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- p 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 DEPps�, �o c By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland 1 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. ..r..,, - i Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 012-5025J 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 ofthe 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 11th day of September 2006 ' CJ Assistant Secretary