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HomeMy WebLinkAboutMINUTES - 03112008 - C.13 e3 ' gE lox TO: BOARD OF SUPERVISORS I tra0 n FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ~ < Costa DATE: March 11, 2008 County SUBJECT: Accept completion of improvements for East Branch Parkway, Road Acceptance 02-01137 (cross-reference Subdivision 03-08509), San Ramon (Dougherty Valley) area. (District III) SPECIFIC:REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/1 for Road Acceptance 02-01137 (cross-reference Subdivision 03-08509), accepting completion of improvements,for project being developed by Windemere BLC Land Company,LLC,(San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATIONQ: The developer, Windemere BLC Land Company, LLC, has completed the road improvements per the Road Improvement Agreement, and in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The improvements will not be accepted. Continued on Attachment: 1,-' SIGNATURE: !'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,2APPROVE OTHER SIGNATURE(S): /Gl 40-e ACTION OF B00b ON APPROVED AS RECOMMENDED�_OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT '►54- copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. BB:vr G:\EngSvc\120\2008\03-I 1\130-45 DV(RA)RA 02-1137.doc Originator: Public Works(ES) Contact: Ten Ric(313-'_363) Recording to be completed by Clerk of the Board ATTESTED: O� l` /it I.D.94-3291516 cc: Public Works -C°^5tre °i°. P.TeltarianeyMNcT Lab JOHN CULLEN, Clerk of the Board of - , 1.Bergeron,Mapping Div. Supervisors and County Administrator -B Balangan,Engineering Svc. Sherif-Patrol Div.Convnander CIIP,c!o AI CSAA—Canog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 13y - Deputy Windemere BLC land Company,LLC 6121 Bollinger Canyon Road,Suite 501 San Ramon.CA 94583 Attn.Brian Olin Arch Insurance Company 135 N.Los Robles Avenue,Suite 825 Pasadena-CA 91 101 Attn:Rosa li.Rivas ... IIII III III I III it IIII I II I IIII II VIII I IIII I III II III i Recorded at the request of: CONTRA-COSTA Co Recorder Office Contra Costa County Board of Supervisors STEPHEN L, WEIR, Clerk-Retarder Return to: : DDC— 2008-0053450-00 Public Works Department Engineering Services Division Wednesday, MAR 12, 2008 14:05:11 FRE $0.00 1 Tt 1 Pd $0.00 Nbr-0004022628 IrclR9I1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 11, 2008 by the following vote: AYES: Gioia. Piepho, Bonilla. Glover NOES:- None I ABSENT: Uilkema ABSTAIN: None _._.-__,__RESOLUTION NO. 2008/ ►`j3 SUBJECT: Accepting completion of improvements for East Branch Parkway,Road Acceptance 02-01137 (cross-reference Subdivision 03-08509), San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 02-01137(cross-reference Subdivision 03-08509)have been completed as provided in the Road Improvement Agreement with Windcmere BIC Land Company,LLC,heretofore approved by this Board; BB:vz G:T-ngSvc\.BO\2008103-I 1180-45 DV(RA)RA 02-1137.doc Originator: Public Works(ES) 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 Clerk of the Board I.D.94-3291516 Supervisors on the date shown. cc: Public Works Construction Div. P.Tchaney,MR T Lab ©�/'1 /O 1.Bergeron,Mapping Div. ATTESTED: -1.3. dI;nginccring Svc. Sheriff-Patrol Div.Commander JOHN CULLEN� Clerk of the Board of Supervisors and e CHP,c/o AI County Administrator CSAR--Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windcmere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 501 By v _\ Deputy San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Avenue,Suite 825 Pasadena,CA 91101 Attn:Rosa E.Rivas RESOLUTION NO.2008/ J� 't SUBJECT: Accepting completion of improvements for East Branch Parkway,Road Acceptance 02-01137 (cross-reference Subdivision 03-08509), San Ramon(Dougherty Valley) area. (District III) DATE: March 11, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 11,2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY November 30, 2004 Arch Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$803,000.00, Bond No. SU 5007921 issued by the above surety be RETAINED for the six month lien guarantee period until September 11,2008,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 East Branch Parkway for the hereinafter described public improvements, 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 Pages 21-44 and by separate instrument on March 23,2004,recording series DOC 2004-0098681-00,Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) East Branch Parkway 92'-126' R/W 0.04 miles East Branch Parkway 84'-118' R/W 0.16 miles Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept East Branch Parkway 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$16,100.00 cash deposit(Auditor's Dcposit Permit No.426052,dated June 10, 2004) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$238,500.00, Bond No. SU 5007921 issued by Arch Insurance Company, LLC be RETAINED pursuant to the requirements of section 94-4.406 of the Ordinance Code until release by this Board. All deposit pen-nits are on file with the Public Works Department. RIDER To be attached to and form part of: Bond Number SU5007921 dated 5/21/2004 issued by the ARCH INSURANCE COMPANY in the amount of $1,589,900.00 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 Performance Bond amount shall'be amended:. FROM: $1,589,900.00 TO: $238,500.00 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, 2008. Signed, Sealed & Dated this 8th day of February, 2008. See Attached S4inature Block (Principal) By: ARCH INSURANCE COMPANY (Surety) By: r r ► ' (roc ;n Jeri Apodaca, AttorneyIn-Fact Bond Rider No. SU5007921 Phase 4,RA 04-01137 (X-ref SD 03-08509) aka East Branch Parkway Road Improvement Agreement(Civil) 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 David Geist, Authorized Agent CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT; State of California County of Orange On 2/8/2008 before me, Lisa Kay Crail, Notary Public Date Here Insert Name and Title of the Officer personally appeared — Jeri Apodaca Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person. whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized USA KAY CRAIL capacity , and that by her signature on the Commission #F 1722222 .1 Notary Public -California instrument the person . or the entity upon behalf of Riverside County.. which the person acted, executed the instrument. 1 MVComm.EVkes Feb 2,2011 ` - - - - - - - - - - - - - - - - - - - 1 I certify under PENALTY OF PERJURY under the laws of.the State of California that the foregoing paragraph is true and correct. WITNESS _hand d offi" ial seal; Signature Place Notary Seal Above "�� ^i'`-Signature of Ndtary Public 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 Document Title or Type of Document: Document Date:_ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed.by Signer(s) Signer's Name: Jeri Apodaca Signer's Name: U Individual IL Individual Corporate Officer—Title(s): r, Corporate Officer—Title(s): Partner—0 Limited 0Generalt1CILt17�tal;ltld,l:ld:ll,�■ 17 Partner—❑ Limited ❑ General X Attorney in Fact ❑ Attorney in Fact -•1=-'1IN,I2=i Top of thumb here Top of thumb here U Trustee ❑Trustee Guardian or Conservator ❑ Guardian or Conservator F1 Other: CJ Other: Signer Is Representing:_ � Signer Is Representing- Arch Insurance Company 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NatiorlalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-8766827 CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA I ss. County of CONTRA COSTA On February 13, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared Brian G. Olin and David Geist, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he4Wthey executed the same in #+s/l4e4their authorized capacity(ies), and that by his,4ye_rT/their sign'ature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of.California that the foregoing paragraph is true and correct. CATHERINE M. TAYLOR Commission # 1715843 -� Notary Public -California WITNESS my hand and official seal. Contra Costa County F*Comn9vMJm12.2011 R (Signature of Notary Public) U Place Notary Seal Above 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 Document Title or Type of Document: Bond Rider#SU5007921 Contra Costa County RA 04-01137 (X-ref SD 03-08509)aka Phase 4 East Branch Parkway Civil Improvements Document Date: February 8, 2008 Number of Pages: 5 Signer(s) Other Than Named Above: Jeri Apodaca, Attorney-In-Fact(Surety) Capacity(les)Claimed by Signer Signer's Name:See below ❑ Individual ® Corporate Officer_Title(s): Brian G. Olin,Vice-President Top of thumb here David Geist-Authorized Agent ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 31 st day of_ July 20.07 Arch Insurance Company Attested and Certified ance C 0 'Jy CORPORATE SFAS 1971 {� Z`'G _ �13f0U11 Martin J. Niism/Aecretary Edward M. Ti{us ice President STATE OF NEW YORK SS COUNTY OF NEW YORK SS. I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free aKvoluntary act said corporation and. as their own free and voluntary acts for the uses and purposes therein set forth. PETER J.CALLEO,ESO. n J Notary Public, State of New York t` No.02CA6109336 QV.lifted In New York County Petr J Nota TPublic v� Commission Expires May 3, 2008 My commiss r expires 5-03-2008 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed.the corpora se I of the Arch Insurance Company on this 8th day of February . 2008 i Martin J. Nil srf Secretary This Power of Attorney limits the acts of those named therein to the bonds and;undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors& Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 cyv�once C cortrovArF •p y 69 971 �41 a t OOML0013 00 03 03 Kueo►' Page 2 of 2 Printed in U.S.A.