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HomeMy WebLinkAboutMINUTES - 05082007 - C.5 C1 . V N. s TO: BOARD OF SUPERVISORS ` - Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR = Costa n DATE: May 8, 2007 TA �oU County SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 04-08773, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION (S): ADOPT Resolution No. 2007/ P for Subdivision 04-08773, 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 theCounty 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: SIGNATURE: ktiv� RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE THER r SIGNATURES : ACTION OF BOA N APPROVED AS RECOMMENDED OTHER V of SUPER I ORs I hereby certify that this is a true and correct uNANI US(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on th ABSENT: ABSTAIN: e LB:vz date shown. G:\EngSvc\BO\2007\05-08\BO-45 DV(Landscaping)SD 04-8773.doc Originator: Public Works(ES) - Contact: Teri Rie(313-2363) I.D.94-3291516 cc: Public Works -A.Bell,Construction Div. O y. P.Tehaney,M&T Lab ATTESTED: -1.Bergeron,Mapping Div. B.Balangan,Engineering Svc. JOHN CULLEN, &erk of the Board of -T.—March 8,2008 - Sheriff-Patrol Div.Commander Supervisors and 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 6121 Bollinger Canyon Road,Suite 500 .By ,Deputy San Ramon,CA 94583 - Attn:Brian Olin Quanta indemnity Company Formerly National Farmers Union Standard , One Financial Plaza,101 Floor , Hartford,CT 06103 Attn:Jeri Apodaca Recorded at the request of: — -, _ - - Contra Costa County STEPHEN L. WEIR yClerk-Recorder Board of Supervisors Return to: DOC_ 20 _ 36863-00 Public Works Department Wednesday, MAY 09, 2007 08:48:05 Engineering Services Division FRE $0.00 t t 1 Pd $010 00 Nb r- 000317045110.9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolutiono';n 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'u completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 04-08773,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District]Ell) These improvements are approximately located near East Branch Parkway. qi The Public Work" Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 04-08773, havie 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\BO-45 DVkLandscaping)SD 04-8773.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) _Recordingto 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.Balang4 Engineering Svc. Supervisors on the date Shown. T.-March 8,2008 Sheriff-Patrol Div.Commander ATTESTED: CHP,c/o Al CSAA-Cartog j JOHN CULLEN, Oerk of the Board of Supervisors and Chris Low,City of San Ramotil 1 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 Quanta Indemnity Company Formerly National Farmers Union Standard One Financial Plaza,10'1�too' Hartford,CT 06103 Attn:Jeri Apodaca RESOLUTION NO.2007/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of;-,,Way Landscaping)for Subdivision 04-08773,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District 1II) DATE: May 8, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of May 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 November 15, 2605 Quanta Indemnity Company Formerly National Farmers Union Standard Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$154,350.00, Bond No. 4410193 issued by the above surety be RETAINED for the six month lien guarantee period until November 9;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 Chancery Way,Ingleton,way,Wycliffe Court,Wycliffe Lane,Banbury Drive,Quimby Court,Arden Court and Milton Court are ACCEPTED AS COMPLETE.Upon completion of the warranty and maintenance period, thel 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 maintenance period is hereby established,and the$3,090.00 cash deposit(Auditor's Deposit Permit No.436206,dated December 16, 2004) made by Windemere BLC Land, 'Company, LLC, and --the performance/maintenance surety bond rider for$45,840.00,Bond No. 4410193 issued by Quanta Indemnity Company,Formerly National Farmers Union Standard 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. RESOL UTION NO. ?007/ .240 RIDER To be attached to and form part of- Bond Number 4410193 dated 12/31/04 issued by the Quanta Indemnity Company in the amount of $305,610.00 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: $305,610.00 To: $45,840.00 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 6th day of April, 2007. Signed, Sealed & Dated this 11th day of April, 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: � — / �t��u. Quanta Indemnity Company (Surety) By: r)"'—oil- Co - Jeri Apo aca, Att&mey-in-Fact '�I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Ard Ap 2-cAY7 before me, Date " Name an Title of Office .g.,"Jae Doe,Notary PubWT personally appeared :13f w'1 _ ��✓! �C n� Lir% k S'. uc.J Name(s)of Signer(s) personally known to me ❑ (or proved to me on the basis of satisfactory evidence) CATHERINE 41 thYLOR to be the person(s)whose name(s)is/are subscribed to the Commission 1715843 within instrument and acknowledged to me that -: NotaryPjItc-'Cautorroa he/she/they executed the same in his/her/their authorized Contra Costa County gJ�12,�11 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. WITNESS my,hand and official seal. 0_Place Notary Seal Above f Signature of Notary PVic OPTIONAL J�� 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. P, 5 � Description of Attache ;p" ocument�>^1 �" � „_ _ Title or Type of Document: 773, �l 3L Document Dater l( Dwd 7 Number of Pages: 1 Signer(s) Other Than Named Above: o G(zx- _w, ?4k•"-A —� Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — El Limited El General ❑ Partner — ❑ Limited ❑General _ ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here [I Trustee 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 1-800.876-6827 Bond Rider No. 4410193 SUB. 8773 aka Village 32 Subdivision Agreement)[tight-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: GU Brian G. Olin,Vice-President By: G �/�% ✓-— Erik S.Brown,Asst. Secretary - ACKNOWLEDGEMENT State of California County of Orange On April 11 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 Commission# 1635125 WITNESS my hand and official seal. O Notary Public-California Orange County My Comm.Expires Jan 5,2010 Signature - (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 York 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. II Section 2. All bonds,undertakings'I 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. II signature of each of the following officers: Chairman, Deputy Chairman, President, any 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`n day of March, 2004. ail Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] By Walda Decreus,Assistant Secretary o0 0 2003 a � STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this 26`h day of March,2004,before me, a Notary Public,personally came WALDA DECREUS, to me known, and acknowledged that she is an Assistant Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company]; that she knows the seal of said corporation; and that she executed the above,Power of Attorney and affixed the corporate seal of Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] thereto with the authority and at the direction of said corporation. Carol E. Cincola Nota Public State of New York . Notary Notary.Public No.01C 14758623 Qualified in Westchester County My Commission Expires June 30,2006 CERTIFICATE I,the undersigned, Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company], do hereby certify that the foregoing Power of Attorney is still in full force and effect,and further certify that Article XVIII, Sections 2 and 3 of the By-laws of the Company are now in force. IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this 11 th day of April, 2007 By {^^ - Martha G.Bannerman,Secretary �fICJ� 15�:�zPO � 2003 fl 'OLORr'go �