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HomeMy WebLinkAboutMINUTES - 05082007 - C.6 C . TO: BOARD OF SUPERVISORS _E_SE L = Contra 0- 1 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: May 8, 2007 C6 `�", County ST`q U>Z SUBJECT: Accept completion of landscape improvements for Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 04-08774, 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/ oUb for Subdivision 04-08774, 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's Code. CONSEQUENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance/warranty period will not begin. c Continued on Attachment:_ SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ✓A-111PROVE THER SIGNATURES ACTION OF BOA N d APPROVED AS RECOMMENDED OTHER VO.TYc/OF SUPER ORS I hereby certify that this is a true and correct V UNANIMOUS(ABSENTco of an action taken and entered on the AYES: NOES: copy ABSENT: ABSTAIN: minutes of the Board of Supervisors on the LB:vz date shown. G:\EngSvc\BO\2007\05-08\BO-45 DV(Landscaping)SD 04-8774.doc 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 ATTESTED: A m -I.Bergeron,Mapping Div. B.Balangan,Engineering Svc. JOHN CULLEN, Cl 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 Fanners Union Standard One Financial Plaza,I O' Floor Hartford,CT 06103 Attn:Patricia H.Brebner A ) Recorded at the request of: STEPHEN L. Wt1K werK-Kecoraer Contra Costa CountyD�C� 200`T-0136864-00 Board of Supervisors Return to: Wednesday, MAY 09, 2007 08:48:12 Public Works Department FRE $0.00 Engineering Services Division D ZL I d $@ @@ Nbr-00@3704511 6 r lrc/R9/1-9 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 N0. 2007/! og SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 04-08774,for prof ect being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near East Branch Parkway and Sherwood Way. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 04-08774,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\BO-45 DV(Landscaping)SD 04-8774.doc Originator: Public Works(ES) Contact:Teri Ric(313-2363) Recording to be completed by COB. I hereby certify that this is a true and correct copy of an I.D.94-3291516 cc: Public Works A.Bell,Construction Div. action taken and entered on the minutes of the Board of - P.Tehaney,M&T Lab Supervisors on the date.shown. 1.Bergeron,Mapping Div. B.Balangan,Engineering Svc. March B,Zoog ATTESTED: /� !9ja Sheriff-Patrol Div.Commandonumnder CHP,coo Al JOHN CULLEN, C rk of the Board of Supervisors and CSAA—Canog Chris Low,City of San Ramon County Administrator 2222 Camino Ramon,San Ramon,CA 94583 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"Floor Hartford,CT 06103 Attn:Patricia H.Brebner RESOLUTION NO.2007/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping)for Subdivision 04-08774,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 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, 2005 Quanta Indemnity Company Formerly National Farmers Union Standard Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $44,350.00, Bond No. 4410192 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 Mornington Court,Clifton Court,Carrington Court,Mornigton Lane,Harlow Lane and Baker Way 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 maintenance period is hereby established, and'the $1,000.00 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.$13,160.00, Bond No.,4410192 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. RESOLUTION NO. 20071Afb- RIDER To be attached to and fonn part of: Bond Number 4410192 dated 12/3/04 issued by the Quanta Indemnity Company in the amount of $87,700.00 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: $87,700.00 To: $13,160.00 It is further understood and agreed that all other teens 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: Quanta Indemnity Company (Surety) - By: -- --- Jeri Apodaca, A orney-in-Fact Bond Rider No. 4410192 SUB. 8774 aka.Village 33 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: Gt✓ Erik S. Brown,Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of eon-6r� C-6 - On n s2� before me, 0,d4�/7; - r Date Name and Title of Officer(e.g. 'ane DW Notary Public" personally appeared suI'! &A �� ��i! �R �� S- �c j n Name(s)of Signer(s) personally known to me ❑ (or proved to me on the basis of satisfactory evidence) CATHERINE M.TAYLOR Commission* 1715843 to be the person(s)whose name(s) is/are subscribed to the -: Notary PubllC -ColitorMa I within instrument and acknowledged to me that ' Contra Costa County he/she/they executed the same in his/her/their authorized cCmrn. mill capacity(i s), and that by his/her/their signature(s) on the instrument the persoh(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Abbve Signaturd of Notary Public OPTIONAL ` Though the information below is not required by law, it may prove valuable to persons relying on the document C —I"n�V and could prevent fraudulent removal and reattachment of this form to another document. Description of Attachef�cument �"� Title or Type of Document: I -Q!7, t� 1,C)jq Zt Document Date:A%n-1 it 02cx)7 Number of Pages: Signer(s) Other Than Namedl,Above: \%,/ 7 � 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 ❑ Attorney in Fact ❑Attorney in Fact • Top of thumb here Top of thumb here ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ -Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2006 National Notary Association•9356 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 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 WITNESS m hand and official se zOM Commission# 1635125 y ZNotary Public -California Orange County Signature y 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) HLIMITED 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 Attomey(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 ($50.000,000.001 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. The 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 Indem'.nity Company [formerly National Farmers Union Standard Insurance Company]has been affixed thereto in New York City,New York this 26`h day of March, 2004. I' Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company] By Walda Decreus,Assistant Secretary 9EM-bil 1 ? 2003 ° b It