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HomeMy WebLinkAboutMINUTES - 03062007 - C.20 TO.: BOARD OF SUPERVISORS t,E o� Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa .�Q x, DATE: March 6, 2007 oA~��� STq COUt1 County SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-09022, 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/ l0,7 for Subdivision 05-09022, approving Subdivision Agreement (Right-of- Way Landscaping), 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): Subdivision 05-09022 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement(Right-of-Way Landscaping)will not be approved. Continued on Attachment: ✓ SIGNATURE: _-'RECOMMENDATION OF COUNTY ADMINISTRA _RECOMMENDATION OF BOARD COMMITTEE vKPPROVE OTHER SIGNATURE(S): �—� ACTION OF BO V ON d APPROVED AS RECOMMENDED OTHER vo OF SUPERVISORS ,,// I hereby certify that this is a true and correct UNANIMOUS(ABSENT /1/owe'- ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LL:vz G:\EngSvc\BO\2007\03-06\BO-16 SD 05-9022.doc Originator: Public Works(ES) Contact: T.Rie(313-2363) ATTESTED: 1,��ya4 a cc: Public Works- Construction Current Planning,Community Development JOHN CULLEN, Clerk of the Board of T—January 6,2008(P 1) Windermere BLC Land Company,LLC Supervisors and County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd,Penthouse By , Deputy Glendale,CA 91203 ti THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2007 by the following vote: AYES: Gioia, Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ /497 SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-09022, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District I1I) The following document was presented for Board approval this date for Subdivision 05- 09022, located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,700.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 468136 July 31, 2006 LL:vz I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2007\03-06\BO-16 SD 05-9022.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: T.Rie(313-2363) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development T—January 6,2008(Pl) ATTESTED: Windermere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Atm:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd,Penthouse Glendale,CA 91203 By ,Deputy RESOLUTION NO.2007/ �O�T SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-09022, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: March 6, 2007 PAGE: 2 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08821790 July 20, 2006 Performance Amount: $166,400.00 Labor&Materials Amount: $84,050.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2007/1X,x` SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) t Subdivision: SUB 05-09022 (x-ref SUB 8508) Effective Date: { t Subdivider: Windemere BLC Land Company, LLC Completion Period: 2 year i THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: W[NDEMERE BLC LAND COMPANY,LLC A California limited liability company ` CONTRA COSTA COUNTY SUBDIVIDER: By:LEN-OBS Windemere,LLC, A Delaware limited liability company Maurice M. Shiu, Public Works Director Managing Member By:Lennar Homes of California,Inc., Managing Member i By: (signature)�lG�� (print name&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL: GST✓( /� By. (4L- (signature) (print name&title Erik S.Brown,Asst. Secreta Engineering Services Division (p ) n' FORM APPROVED: Victor J.Wes an, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, i signatures must conform with the designated representative groups pursuant to Corporations Code§313.) i 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun ,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: l 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the II improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. i 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: j A. For Performance and Guarantee: $ 1,700.00 cash,plus additional security,in the amount of $ 166,400.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 84,050.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash, certified check, or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with §94-4.406 and§94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califorrniia� / f�,, h w � ss. r County of 64 ,-,�_ /�// � ,t(l OnU`1, X06 before me, ).�//�` G` �� , r`QI��G <' ate Varrie and Title of Officer(e.g 'Jane Doe,N ary Public") r r personally appeared LII/�L f Br h , /740 L7,��'" I Names)of Signer(s) personally known to me I 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/s4e/they executed the same in -hislhier/their authorized RUTH EVEN tlSllOP capacity(ies), and that by -htsf+ter/their CarrrWaon#E 1670361 signature(s) on the instrument the person(s), or lla��,Mv 40"himc-calill _ the entity upon behalf of which the person(s) 1po Coft CoCounty acted, executed the instrument. Comm.E;*rt May 26,201 WITN S m,,,,y hand and and official seal. el"I 40� Signature of Notary 5115blic 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: WNW,14 ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact l C Trustee ❑ Guardian or Conservator ❑ Other: 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 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER E TREASURER: MARTINEZ, CALIFORNIA .t _CEIVED FROM Public Works ORGANIZATION NUMBER 650 rganiza ions (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 $ 3.52 Sale of Prints 004530 9931 REV 6GO085 42.80 Corner Records 000651 9660 6LO88D 80.00 Postage Reimb 004500 2103 SAS 999sas 25.01 PA 02-00007 Agmt Ext 000651 9660 REV 6LO76B 250.00 Sub 02-08631 Agmt Ext 250.00 Sub 95-07984 Agmt Ext 250.00 Sub 02-08686 Agmt Ext 250.00 Sub 02-08682 Agmt Ext TT_ 250.00 'arker Ave Underground 000662 9752 6R1056 1,000.00 )A02-00012 Ext Agmt 000651 9660 6LO76B 250.00 ZA04-01166 Ext Agmt V ♦ 250.00 rust Fund 000649 9665 83,958.00 819800 0800 9,200.00 000682 9752 3,600.00 cctng: G1202777-G1202778 TOTAL $ DEPOSIT 99,659.33 Deposit consists of the following items ecords: G1201860-G1201865 COIN and CURRENCY $ 71.33 ng Svcs: G1201622-G1201650 & G1203001-G1203003 CHECKS, M.O., ETC. $ 99,588.00 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED Gitackriowl.dge'd amount of money described above is for treasurer's receipt of above amount is Receipt of above amount ideposit into the County Treasuryned: Date I /4Signed: Signed:EXT. DopDeput Count Treasurer 4 Rev. (7-� �/2/0 6 i v jC/ a 819800-0800: G1203001, $2,300.00, Sub 05-09023, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1203002, $1,700.00, Sub 05-09022, Cash Bond, Windemere BLC Land Compony,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 ' I EXECUTED IN DUPLICATE Subdivision: _SUB 05-09022 (x-ref SUB 8508) Bond No.: 08821790 Premium:$1,664.00/2yrs. IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping,and other related improvements in Subdivision 05-09022 (x-ref SUB 8508)as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Windemere BLC Land Company LLC as Principal, and Fidelity and Deposit Company of Maryland , a corporation organized existing under the laws of the State of Maryland ,and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: One Hundred Sixty Six Thousand Four Hundred and 00/100 Dollars ($ _ 166,400.00 )for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Eighty Four Thousand Fifty and 00/100 Dollars ($ 84,050.00 )to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save hannless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Bond No. 08821790 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 ACKNOWLEDGMENT r' State of California (y� rwn � ss. �hhS County of ,l(r On \)w j �0 before me, ��1�', Gh UIA'2D %l r/� N , I Date ame andTitle of Officeje.g.,-Jane Doe, ry Public') r personally appeared /yLlA�1 �l �t7krJ__f• row ' Name(s)of Signer(s) I 'hhpersonally known to me r ❑ proved to me on the basis of satisfactory evidence h to be the person(s) whose name(s) is/are r subscribed to the within instrument and acknowledged to me that hexa/they executed the same in hoi- h r/their authorized RUM ELLEN 08HOP capacity(ies), and that by ei;their C.ortxrMuion#1670361 signature(s) on the instrument the person(s), or h Notay PWW•Ccalargo _ the entity upon behalf of which the person(s) Z Coro Coda County acted, executed the instrument. trN Comm.E>4,r..May s6,sol WV hand Wd official seal. Signature of Notary Publi 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 Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave..P.O.Boz 2402•Chatsworth.CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ASOWLEDGMENT • No.5907 State of California County of Orange On July 20, 2006 before me, J. Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Jeri Apodaca 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. BARRAGAN behalf of which the person(s) acted, executed the instrument. Commission# 1635125 a Z emy Notary Pubiic-California ZOrange County Comm.Expires Jan 5,20_'0WITNESS my hand a d official seal. SIGNATURE 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/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • 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 PAUL C.ROGERS,Vice President,and T.E. SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s 'nate,constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful age - ac ke,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed- s ° 'and the execution of such bonds or undertakings in pursuance of these pr in pany,as fully and amply,to all intents and purposes,as if they had been ° ac w gularly elected officers of the Company at its office in Baltimore,Md.,inp rs e attorney revokes that issued on behalf of Jeri APODACA,dated 71 . The said Assistant hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- ° 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 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �p 9EPps� r � W w � By: T. E. Smith Assistant Secretary Paul C.Rogers Vice President State of Marylandl ss: City of Baltimore f On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, 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. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J Plan Check Project Name: Windemere- Subdivision 9022 Estimate Location: San Ramon,California Name of Client: Windemere B.L.C. Land Company,LLC Date of Estimate: May 17,2006 .......... .. ................................................................................................................................................................................................ ..... . ....................................... ........ . Item Quanti Unit Item Description Unit Price Ext.ensions. . . ..... A. SUBDIVISION 9022 -VILLAGE 30 CSA MAINTAINED LANDSCAPE 1 20,502 SF Irrigation system(coverage) 2.75 56,380.50 2 1 EA Irrigation system(controller/remote controls) 9,500.00 9,500.00 3 1 EA Electric meter pedestal & connection to controller 6,000.00 6,000.00 4 1 EA Telephone service to controller 500.00 500.00 5 20,502 SF Landscape grading& soil preparation 0.30 6,150.60 6 142 EA Root barriers (for trees in curb strips-40LF @ $7/LF) 280.00 39,760.00 7 17 EA Root barriers (for trees in front yards-201,17 7/1,F) 140.00 2,380.00 8 150 EA Augered treewells for trees in turf areas 10.00 1,500.00 9 159 EA 15 gallon trees 90.00 14,310.00 10 20,502 SF Sodded turf 0.60 12,301.20 11 20,502 SF 365 day maintenance(post-acceptance) 0.18 3,690.36 12 1 171 EA Extended maintenance (for street trees in front yards) 22.00 374.00 Subtotal: $152,846.66 10% contingency: $15,284.67 Total (rounded to the nearest hundred): $168,100.00 Notes: 1.Street trees within the front yards will be irrigated off each homeowner's individual irrigation system. Any necessary estimates for the balance of the front yard landscaping, including the irrigation system, shall be submitted with the front yard landscape plans. 2. Quantity of augered treewells includes all trees in curb strips and half of those in the front yards. 3. Concrete mowbands have been included in the RAI 200 estimate. PLAN CHECK FEES: $5,000+(Total Estimate-$50,000 x 2%) $7,362.00