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Home My WebLink AboutMINUTES - 03132007 - C.9 C- "of TO: BOARD OF SUPERVISORS �� sE Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: March 13, 2007 �os s =�..•�s��4 T'9 e6i- County SUBJECT: Accept completion of improvements, Subdivision 05-08928, 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 05-08928,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 Attacbment:_,,-' SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,KPPROVE THER SIGNATURES ACTION OF BO DON APPROVED AS RECOMMENDED OTHER vooF StrnEORS I hereby certify that this is a true and correct V UNANIMOUS(ABSENT J mr� 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\BO-45 DV(SUB)SD 05-8928.doc Originator: Public Works(ES) Contact:Teri Rie(313-2363) Recording to be completed by COB /p! , I.D.94-3291516 ATTESTED: �G XC17 /3 a&dd,�P°' cc: Public Works A.Bell,Construction ' P.Telraney,M&T Lab JOHN CULLEN, Clerk of the Board of Bergeron,Mapping Div. L.Breen,Engineering Svc. Supervisors and County Administrator -L 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 Arch Insurance Company 135 N.Robles Avenue,Suite 825 Pasadena,CA 91101 Atm:Rosa E.Rivas CONTRA COSTA Co Recorder Office Recorded at the request of. STEPHEN L. WEIR Clerk-RTcorder —00 Contra Costa County DOC_ OC 200'7 005652 Board of Supervisors Wednesday, MAR 14, 2007 14:30:42 Return to: FRE $0.00 Public Works DepartmentTt 1 Pd $0.00 Nbr-0003633700 Engineering Services Division Ire/R 9/1-9 - - - — -- -- 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 PIEPRO NOES: NONE ABSENT; SUPERVISOR GLOVER ABSTAIN: NONE RESOLUTION NO. 2007/ SUBJECT: Accepting completion of improvements, Subdivision 05-08928, 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- 08928 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\BO-45 DV(SUB)SD 05-8928.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 -I.Bergeron,Mapping Div. ATTESTED: L.Breen,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and T.—January 13,2008 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 Arch Insurance Company 135 N.Robles Avenue,Suite 825 Pasadena,CA 91101 Attu:Rosa E.Rivas RESOLUTION NO.2007/ /�+ SUBJECT: Accepting completion of improvements, Subdivision 05-08928, 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 13,2007 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 August 9, 2005 Arch Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$936,500.00, Bond No. SU 5015798 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 Arlington Way, Montrose Way, Edgeware Court, Highbury Way, Knightsbridge Way, Montrose Court, Prestwick Court and Argyle Court. for the hereinafter described public roads, as shown and dedicated for public use on the Final Map of Subdivision 05-08928 filed August 12,2005,in Book 481 of final maps at Page 45,Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Arlington Way 36' curb/56' RW .02 Montrose Way 36' curb/56' RW .16 Edgeware Court 36' curb/48' RW .08 Highbury Way 36' curb/56' RW .06 Knightsbridge Way 36' curb/56' RW .09 Montrose Court 36' curb/48' RW .08 Prestwick Court 36' curb/48' RW .07 Argyle Court 36' curb/48' RW .06 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$18,700.00 cash deposit(Auditor's Deposit Permit No.448426,dated July 21, 2005) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $278,150.00, Bond No. SU 5015798 issued by Arch Insurance Company 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/x^ RIDER To be attached to and form part of.- Bond £Bond Number SU5015798 dated 7/11/2005 issued by the ARCH INSURANCE COMPANY in the amount of $1,854300.00 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: One Million Eight Hundred Fifty Four Thousand Three Hundred and No/100----------------------------------------------------------------------------($1,8549300.00) TO: Two Hundred Seventy Eight Thousand One Hundred Fifty and No/100----- ------------------------------------------------------------------------------= ($2789150.00) 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 7th day of September, 2006. Signed, Sealed &Dated this 11th day of September, 2006. WINDEMERE BLC LAND COMPANY, LLC By: See attached signature block (Principal) ARCH INSURANCE COMPANY (Surety) By �� .� t� Rosa E. Rivas, Attorney-in-Fact Bond No. SU5015798 (Rider Subdivision No. 05-08928 aka Village 44) 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 1 )} County of �/h 1 ss. OnL"JA'29, Zde before me, /6V-1��//P�—/g/J`2� ,Notary Public, personally appeared Urwt O�P'ersonally known to me ❑ 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 he4he/they executed the same in his4wp(their authorized capacity(ies),and that by+hs+er/their RNiN 1NilOP signature(s)on the instrument the person(s), tbn* 1670361 or the entity upon behalf of which the Nokwy hallc. person(s)acted,executed the instrument. IRContra Cogo Cow* MVCO1'M.�Moy26,201 WITN SS y h ' a d 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 ❑ Corporate Officer-Title(s): Top or Womb here ❑ Partner- Limited General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: State of California ACKNOWLEDGEMENT County of Orange On September 11 2006 before me, J.Barragan, Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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 acknowledge 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. J. BARRAGAN WITNESS my hand and official seal. Commission# 1635125 Notary Public-California Signature .-® orange County My Comm.Expires Jan 5,2010 J.Barragan (Seal) 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 1/06 FRP POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel,Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino, James A. Schaller, Rachelle Rheault,Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,.,M§-:S,9 L This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such' officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President; or any Vice President, or their appointees; designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the. resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified. with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof,tI;G C:,,;,runy has c ;:--d L':Ec i^stru neat tc Ve signed and its corporate seal to be affixed by their authorized officers,this• 9th day of_May 2006 Arch Insurance Company Attested and Certified C� COtEORATE �•O .. .. V SEµ Martin J. Nilse ecretary Edward M. Titus ice President STATE OF NEW YORK SS COUNTY OF NEW YORK. SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to. be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as, their own free and voluntary acts for the uses and purposes therein set forth. PETER J.CALLED,ESQ. Notary Public, State of New York No.0 Now York C Pe r J. Nota ublic Qt•.Ilfied In New York County Commission Expires May 3, 2008 My commiss expires 5-03-2008 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affi d the corpora se I of the Arch Insurance Company on this 11th day of_ September 20 06 �� , Martin J. Nils , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. . PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors.& Developers Group 135 N.Robles Ave.,Ste.825 Pasadena,CA 91101 once CCM/CIRATE SEAS 973 OOML0013 00 03 03 !llcso.d Page 2 of 2 Printed in U.S.A.