Loading...
HomeMy WebLinkAboutMINUTES - 05082007 - C.4 L—Off, TO: BOARD OF SUPERVISORS — - Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: May 8, 2007 '- y--- �4 County ST'q COU2i' SUBJECT: Accept completion of landscape improvements for Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 03-08716, 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/oW_ for Subdivision 03-08716, 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 accepted and the maintenance/warranty period will not begin. Continued on Attachment: a/ SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE u,,-APPROVE OTHER '::1z' " �" _"" SIGNATURE(S)- ACTION IGNATURES :ACTION OF BOA DON APPROVED AS RECOMMENDED OTHER V ow of SUPER ORS I hereby certify that this is a true and correct t/ UNANIMOUS(ABSENT 0 ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LB:vz G:\EngSvc\BO\2007\05-08\BO-45 DV(Landscaping)SD 03-8716:doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) I.D.94-3291516 r O cc: Public Works -A.Bell,Construction Div. ATTESTED: '0 Q 'a� -P.Tehaney,M&T Lab -1.Bergeron,Mapping Div. JOHN CULLEN, Cl c of the Board of -B.Balangan,Engineering Svc. -T.—Mary 8,2008 Supervisors and County Administrator Sheriff-Patrol Div.Commander 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 and Deposit Company of Maryland . . 225 S.Lake Avenue,Suite 200 Pasadena,CA 91101 Attn:Rosa E.Rivas Recorded at the request of: -- DOC," —_-well vitl A-rtworaer Contra Costa County L71�,J1f/CC��ll1 '��/1��'86'��0J /,�0 Board of Supervisors WlCl17lSCldy, MAY 09 Return to: FRE $0.00 2007 08:47:59 Public Works Department �� Pd Engineering Services Division $0.00 Nbr-0003704509 Ire/RS/1-S THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 8, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-,Way Landscaping)for Subdivision 03-08716,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway and Bethany Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping 11 improvements for Subdivision 03-08716,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\05-08\130-45 DV(Landscaping)SD 03-8716.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB 1:D.94-3291516 I hereby certify that this is a true and correct copy of an cc: Public Works A.Bell,Construction Div. P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of I.Bergeron,Mapping Div. B.Balangan,Engineering Svc. SuperVlSOT S'On the date shown. T.—Mary 2008 2008 Sheriff-Patrol Div.Commander ATTESTED: CHP,c/o Al CSAA-Cartog JOHN CULLEN, CM 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 9458; Attn:Brian Olin Byzr�� , Deputy Fidelity and Deposit Company of Maryland 225 S.Lake Avenue,Suite 200 Pasadena,CA 91101 Attn:Rosa E.Rivas oG n RESOLUTION NO.2007/ SUBJECT: Accepting, completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 03-08716,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: May 8, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of Maly 8,2007 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 December 9, 2003 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for$1,12,250.00; Bond No. 08719221 issued by the above surety be RETAINED for the six month.lien guarantee period until November 8, 2007, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amourt of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on Watervale Way, Bethany Road, Tamworth Lane and Durlington Court are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, 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 warranty and maintenancp period is hereby established,and the$2,250.00 cash deposit(Auditor's Deposit Permit No.413390,dated October 16, 2003) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$33,340.00,Bond No.08719221 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. 2007/.e�Kr RIDER To be attached to and form part of- Bond £Bond Number 08719221 dated Sebtember 24, 2003 issued by the Fidelity and Deposit Company of Maryland in the amount of $222,250.00 on behalf of Windemere BLC Land Company L.L.C. (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: $222,250.00 To: $33,340.00 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effeciive this 6th day of April, 2007. Signed, Sealed & Dated this 91h day of April, 2007. Windemere BLC Land Company, LLC By: Lennar Homes of California, Inc., its manager FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Surety) Rosa E. Rivas, Attorney-in-Fact f. Bond Rider No. 08719221 SUB. 8716 aka Village 24 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: Erik S. Brown, Asst. Secretary CALIFORNIA ASL-,PURPOSE ACKNOWLEDGMENT State of California County of On 4;vn,l 14, 2cJ4 7 before me, Date Name and Title bf Officer(e.g., a Doe,lNotary Public") personally appearedu C ��� R�.�- �riF S • f�,"�LI)11 Name(s)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)4s1are subscribed to the CATME H*M. TAYLOR within instrument and acknowledged to me that CommiWon• 1716443 -I-ie�/they executed the same in-hisflier/their authorized �. Notary Pubsc C01100"'11110toC01100"'11110capacity(ies), and that by his/her/their signature(s) on the Comm CohaCounty' 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 Pu OPTIONAL Though,the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent rem al and reattachment of this form to another document. �;4-�Z Description of Attached) ument p Gp / Title or Type of Document: ►cJ� �f - V 0 L �0 7�G; `�l6 Document Date:, a j00 -7 Number of Pages: Signer(s) Other Than Named Above: �G�S 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 NO ElAttorney in Fact ElAttorney in Fact • IN El 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 Sato Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 State of California ACKNOWLEDGEMENT County of Orange., On April 9, 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. tIARRAGAN WITNESS my hand and official seal. Conwnission# 1635125 Notary Public-CaMornia Orange County %,My Signature Comm.Expires Jan 5,201 (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 . El 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 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 h e , dGs by nominate,constitute and appoint Rosa E.RIVAS,of irvine, California, its true and lawful tt -in- -make,execute,seal and deliver,for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan 's on said Company,as fully and amply,to all intents and purposes,as if th xecutp 6 ged by the regularly elected officers of the Company at its office in Bal ' r® heir r r 0 The said Assistant r e ere ,l t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- � d*now in force. IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea of,'ithe said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 5th day of October, A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �p DEPps/ r f C. fo 0 \ By: Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland i ss: City of Baltimore f On this 5th day of October, A.D. 2006, 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. wraoawn .wnl..o Maria D.Adamski Notary Public My Commission Expires: July 8,2007 POA-F 012-5025T 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 of the 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 9th day of April 2007 Assistant Secretary