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HomeMy WebLinkAboutMINUTES - 04102007 - C.6 TO: BOARD OF SUPERVISORS `t' �'-�� Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ; Costa DATE: April 10, 2007 'os =- GAy1koa -------- -- CO-U County SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Development Plan 03-03037 (cross-reference Subdivision 95-07976), 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 Development Plan 03-03037 (cross-reference Subdivision 95-07976), accepting completion of improvements for 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): The developer, Windemere BLC. Land Company, LLC, has completed the landscape improvements :per the Subdivision Agreement(Right of Way Landscaping), and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be acce ted and the warrant period will not begin. Continued on Attachment: v"' SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE LPROVE THER r SIGNATURE (S): ACTION OF BO ON d APPROVED AS RECOMMENDED OTHER voT of SUPE oxs I herebycertifythat this is a true and correct UNAN US(ABSENT_ AYES: NOES copy of an action taken and entered on the: ABSENT: ABSTAIN: minutes of the Board of Supervisors on.the.; LB:vz G:\EngSvc\BO\2007\04-10\BO-45 DV(Landscaping)DP 03-3037.doc date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) I.D.94.3291516 cc: Public Works -A.Bell,Construction Div. -P.Tehaney,M&T Lab �J�i/ O _� •— -1.Bergeron,Mapping Div. ATTESTED: /'� / 4/"--'/� -B.Balangan;Engineering Svc. -T.—February 10,2008 JOHN CULLEN, Clerk of the Board of Sheriff-Patrol Div.Commander CHP,c/o Al Supervisors and County Administrator CSAA-Cartog Chris Low,City of San Ramon .. 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 By eputy Attn:Brian Olin V Safeco Insurance Company of America 330 North Brand Blvd..Suite 1000 Glendale,CA 91203 Attn:Patricia H.Brebner Recorded at the request tCONTRA COSTA Co Recorder- Office eso : STEPHEN L, WEIR�jerkjhcorder Contra Costa County p0C— 200006152-00 Board of Supervisors Return to: Wednesday, APR 11, 2007 14:26:43 Public Works Department FRE $0.00 Engineering Services Division TL6 1 Pd $0.00 Nbr-6003669343 lrc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 10, 2007 by the following vote: AYES: GIOIA,UILKEMA, GLOVER AND PIEPHO NOES: NONE ABSENT: SUPERVISOR BONILLA ABSTAIN: NONE i RESOLUTION NO. 2007/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Development Plan 03-03037 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Bollinger Canyon Road and East Branch Parkway. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Development Plan 03-03037(cross-reference Subdivision 95-07976),have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Windemere BLC Land Company, LLC, heretofore approved by this Board; LB:vz G:\EngSvc\BO\2007\04-10\BO-45 DV(Landscaping)DP 03-3037.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works A.Bell,Construction Div. I hereby certify that this is a true and correct copy of an P.Tehaney,M&T Lab action taken and entered on the minutes of the'. Board of I.Bergeron,Mapping Div. B.Balangan,Engineering Svc. Supervisors on the date shown. T.—February 10,2008 J Sheriff-Patrol Div.Commander CHP,coo Al ATTESTED: CSAA—Cartog JOHN CULLEN, Clerk of the Board of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin By , Deputy Safeco Insurance Company of America 330 North Brand Blvd.,Suite 1000 Glendale,CA 91203 Attn:Patricia H.Brebner RESOLUTION NO.2007/ /� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Development Plan 03-03037 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: April 10, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of April 10,2007 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF SURETY August 9, 2005 Safeco Insurance Company of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for$475,150.00, Bond No. 6311584 issued by the above surety be RETAINED for the six month lien guarantee. period until October 10,2007,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 the Right-of-Way Landscaping improvements on Development Plan 03-03037 (cross-reference Subdivision 95-07976) are ACCEPTED AS COMPLETE.Upon approval by the Board of Supervisors,the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the one year warranty period is hereby established, and the $9,500.00 cash deposit (Auditor's Deposit Permit No. 445263, dated May 31, 2005) made by Windemere BLC Land Company, LLC, and the performance surety bond rider for $141,120.00,Bond No. 6311584 issued by Safeco Insurance Company of America 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//& DUPLICATE ORIGINAL RIDER To be attached to and form part of.- Bond £Bond Number 6311584 dated April 11, 2005 issued by the Safeco Insurance Company of America in the amount of $940,800.00 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: $940,800.00 TO: $141,120.00 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 10th day of January 2007 Signed, Sealed & Dated this 10th day of January 2,007 WINDEMERE BLC LAND COMPANY, LLC By: See Attached Signature Block (Principal) Safeco Insurance Company of America(Surety) By: - cu Rosa E. Rivas, Attorney-in-Fact Bond Rider No. 6311584 DP 03-3037 (X-ref SD 07976) Subdivision Agreement Right-of-Way Landscaping 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: G Erik S. Brown,Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of n' G On/ AR 4OU before me, r2t'J/lrZ _ dr y i-kr L Date // Name andirritle of Officer g.,"J a[Toe,flotary Public personally appeared Z,7 k4 Ca. ��« a-'`-'� �nrr� S- w-_7 Name(s)of Signer(s) , Opersonally known to me ❑ (or proved to me on the basis of satisfactory evidence) - - - - - ---- ---- to be the person(s)whose name(s)4/are subscribed to the ConwrAlaw*171i within instrument and acknowledged to me that INo1ory 111AW.COMM hefehe/they executed the same in his43er/their authorized Cama Cods C W* � capacity(ies), and that by hisAier/their signature(s) on the 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 ,..,-,e 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 Documentf�` - Title or Type of Document: 0-0-0— Z/U_—j;P0 43//SB Document Date: 2oo 7 Number of Pages: Signer(s) Other Than Named Above: US� �- r��S U✓ `��'` �!� Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Partner — ❑ Limited ❑ General VICUL ❑ Attorney in Fact • ❑Attorney in Factelf 41TAN611 ED Trustee El Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-5827 ACKNOWLEDGEMENT State of California County of Orange On March 20 2007 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 Commission# 1635125 WITNESS my hand and official seal. Z _� s Notary Public-California • Orange County Signature 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 Safeco Insurance Company of America General Insurance Company of America POWER Safeco Plaza e OF ATTORNEY Seattle,WA 98185 KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ****************RHONDA C.ABEL;JERI APODACA;LINDA ENRIGHT;JANE KEPNER;NANETTE MARIELLA-MYERS; MIKE PARIZINO;RACHELLE RHEALILT,ROSA E.RIVAS;JAMES A.SCHALLER;Irvine,California******************** its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 10th day of April 2006 STEPHANIE DALEY-WATSON SECRETARY MIKE PETERS PRESIDENT SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Stephanie Daley-Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws;the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 20th day of March 2007 RO Ct>RPORATE f SEAL SEA L 'iP� o -�� 53 � 19213. STEPHANIE DALEY-WATSON,SECRETARY �r tbAt;M ��awa� Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF