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Home My WebLink AboutMINUTES - 03062007 - C.6 s -L TO: BOARD OF SUPERVISORS •�-��`, ''�T�_:`:,. Contra �-_ FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR �? Costa;:.,,-:;-.�::��•'� :�je 7I�' r,7 DATE: March 6 2007 �� y;q.000: County SUBJECT: Accept completion of improvements for Sherwood Park, Park Acceptance 03-00016 (cross- reference Subdivision 03-08509), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMI NDATION(S)&BACKGROUND AND JUSTIFICATION RECOMNIENDATION(S): ADOPT Resolution No. 2007/ /13 for Park Acceptance 03-00016 (cross-reference Subdivision 03-08509), accepting completion of improvements for Sherwood Park, 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 park improvements per the Subdivision (Right-of-Way Landscaping) 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 w'11 not begin. Continued On Attachment: :./- SIGNATURE: vitECONIMENDATION OF COUNTY ADMINIS _RECOMMENDATION OF BOARD COMMITTEE --'APPROVE OTHER SIGNATURE.- S ACTION OF BO R ON APPROVED AS RECOMMENDED OTHER VOTKOF SUPERVISORS I hereby certify that this is a true and correct Y UNANIMOUS(ABSENT PW_ ) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the BB vz G.1,EngSvc\BO\2007\03-061LS0-45 DV(PA)PA 03-0016.doc date shown. Orig-inator: Public Works(ES) Contact: Teri Rie(313-?363) Rccurding to be completed by COB I.D.94-3291516 cc: Public Works -A.Bcll,Construction Div. /- B a � 0� -P.Tchaney,M&T Lab ATTESTED:/y �jn "Vj��/ -1.Bergeron,Mapping Div. B.Balangan.Engineering Svc. JOHN CULLEN, Clerk of the Board of -T.-Januaty 6,2005 Sheriff Patrol Div.Comnumder Supervisors and County Administrator CIIP,Go Al CSAA—C artog Chris Low.City of San Rarnon 2222 Cansino Ranson,Sim w Rann,CA 94553 Windensere BLC I-:md Company,I.U..' 6121 Bollinger Canyon Road,Suite 500 By , Deputy San Ranson,CA 94553 Attn:Brian Olin National Famscrs Union Standard Insurance Company cio Quanta Indemnity Company One Financial Plaza,106 Floor Hartford.CT 06103 Aun:Jeri Apodaca . � IIII III III I III II IIII I illll I II II IIII I ILII I ill II III CONTRA COSTA Co Retarder Office STEPHEN L. WEIR Clerk-Recorder Contra Cossta County11ty Recorded t the t of: DOC— 200' —0067492-00 Board of Supervisot-s Wednesday, MAR 07, 2007 10:14:44 Return to: FRE $0.00 PtrbliceWorksr%,icrsDivi Ttl Pd $0,00 Nbr-0003624163 latgincering Service;Division lrc/R9/1-9 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 anti Piepho NOES: None ABSENT: None ABSTAIN: None - RESOLUTION NO. 2007/ SUBJECT: Accepting completion of improvements for Sherwood Park, Park Acceptance 03- 00016 (cross-reference Subdivision 03-08509), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Jamie Place. The Public Works Director has notified this Board that the improvements for Park Acceptance 03-00016(cross-reference Subdivision 03-08509)have been completed as provided in the Subdivision (Right-of-Way Landscaping) Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board; 13B:vz G:iEngSvc"RO\2007`03-06•,BO-45 DV(PA)PA 03-0016.tloe Origirt:ttor: Public works(FS) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(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 Div. P.Tehancy,M&T Lab t' 1.Bergeron,Mapping Div. ATTESTED: 144)1.19h B.Balangan,Engineering Svc. JOHN CULLEN Clerk of the Board of Supervisors and T.—January 6,2008 Sheriff Patrol Div.Commander County Administrator CHP,c/o Al CSAR--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 National Farmers Union Standard Insurance Company chi Quanta Indemnity Company One Financial Plaza, 10"Floor I lartford.CT 06103 Attn:.1eri.Apodaca RESOLUTION NO.2007/ / SUBJECT: Accepting completion of improvements for Sherwood Park, Park Acceptance 03- 00016 (cross-reference Subdivision 03-08509), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: March 6, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 6,2007 thereby establishing the six-month tenninal period for the filing of liens in case of action under said Subdivision(Right-of-Way Landscaping) Agreement: DATE OF AGREEMENT NAME OF SURETY December 5, 2006 National Farmers Union Standard Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for 5287,600.00,Bond No. 441.0196 issued by the above surety be RETAINED for the six month lien guarantee period until September 6, 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 Sherwood Park,the hereinafter described park,as shown and dedicated for public use on the Final Map of Subdivision 03-08509,filed September 28,2004,in Book 468 of final maps at Page 21,Lots 1 and 10,Official Records of Contra Costa County,State of California, are ACCEPTED AS COMPLETE. Park Name APN Number Area (acres) Sherwood Park 223-400-001 1.49 acres Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the Sherwood Park for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$5,750.00 cash deposit(Auditor's Deposit Permit No.436057�dated December 14, 2004) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$85,400.00, Bond No. 4410196 issued by National Farmers Union Standard 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. 3007///.3 RIDER To be attached to and form part of-. Bond Number 4410196 dated 12/3/2004 issued by the NATIONAL FARMERS UNION STANDARD INSURANCE COMPANY in the amount of $ 569,450.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of COUNTY OF CONTRA COSTA (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: $569,450.00 TO: $85,400.00 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 1 st day of February, 2007. Signed, Sealed & Dated this I st day of February, 2007. 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 By: NATIONAL FARMERS UNION STANDARD INSURANCE COMPANY (Surety) By: Jeri Apr daca, -in-F ct Bond No. 4410196 Decrease Rider PA 03-00016(X-ref SUB 03-08509) Subdivision Agreement (Right-of-Way Landscape) 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� - Brian G. Olin,Vice-President By: Erik S. Brown,Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c l)t Y)U., State of California /Y County of r(Jrc � On aa(J 7 before me, <- Dak Name and Title of Officer(e.g.,LUne Doe.*Notary Public") personally appeared `7 �i1 Names)of Signer(s) e Xpersonally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)islare subscribed to the CATHERINE M. TAYLOR within instrument and acknowledged to me that COmmis5lon#t 1715843 16 .fa�/they executed the same in-hisiher/their authorized _-sem Notary Public-California 9 capacity(ies), and that by 44-RA-ter/their signature(s) on the Contra Costa County ConmB ��12,�1t instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Pubjy 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 Docum tjj � Title or Type of Document: 'h��S��°i�L �4i� Cep—P&J'& Document Date: 7 Number of Pages: Signer(s) Other Than Named Above: y t--7 Ava Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: -1 Individual Individual C Corporate Officer — Title(s): CI Corporate Officer — Title(s): -i Partner — E Limited I. General _ __l Partner — C. Limited -7 General L_ Attorney in Fact 10=012MIC1111=1M ❑Attorney in Fact • loo of thumb here Top of thumb here Trustee Trustee CI Guardian or Conservator ❑Guardian or Conservator C Other: _ (! Other: Signer Is Representing: Signer Is Representing: ,,^c..2006 National Notary Association•9350 De Soto Ave P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 ACKNOWLEDGEMENT State of California County of Orange., On February 1 2007 before me, J. Barragan,Notary Public (here insert name and title of the officer) personally appeared Jeri Apodaca 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 Orange County Signature My Comm.Expires Jan 5,2010 (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 QUANTA INDEMNITY COMPANY [formerly National Fanners Union Standard Insurance Company] New fork City,New York 10020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company], a Colorado corporation, (hereinafter the"Company"), does hereby constitute and appoint: Jeri Apodaca of Irvine, California to be its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, seal, and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course of its business up to a penal sum not to exceed FIFTY MILLION AND 00/100 DOLLARS ($50.000,000.00)each, and to bind the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company. This appointment is made under and executed pursuant to and by authority of the following By-law, which By-law is now in full force and effect: ARTICLE XVIII- EXECUTION OF POLICIES, BONDS, ETC. Section 2. All bonds,undertakings,contracts, and other instruments, other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Deputy Chairman, if any, or the President or a Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations, except that any one or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in Section 3 below,may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. '.file signature of each of the following officers: Chairman. Deputy Chairman, President, anv Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys- in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company] has been affixed thereto in New York City,New York this 26`x'day of March, 2004. Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company) .rot— �. By ----.. Walda Decreus, Assistant Secretary ti�':'�ZPUF1''•.� 2003 ° y ?' /