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HomeMy WebLinkAboutMINUTES - 03112008 - C.16 TO: BOARD OF SUPERVISORS -- -= � ontra --. �� _ A., FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR nj 1:1,,1;; ;:zCosta DATE: March 11, 2008 ` =-------- ti,4o� s�'9 OUIy'� County SUBJECT: Accept completion of improvements for East Branch Parkway and Sherwood Way, Road Acceptance 03-01151 (cross-reference Subdivision 03-08509), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ ISG for Road Acceptance 03-01151 (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 RECOMMENDATION(S):, 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:l,:n� SIGNATURE: <-� �� /gam✓ G-11ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE rHER SIGNATURES : r �' ACTION OF BO ON n:3 / 11 40A APPROVED AS RECOMMENDED,_OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct _,4 UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date Shown. BB:vz G:\EngSvc\j3O\2008\03-1 I\BO-45 DV(RA)RA 03-115 Ldoc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by Clerk of the Board I.D.94-3291516 ATTESTED: © 7/ Lk cc: Public Works -Construction Div. P.Tehaney,M&T Lab JOHN CULLEN, Clerk of the Board of -I.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. ;Supervisors an ounty Administrator Sheriff-Patrol Div.Cortmtander CHP,do AICSAA—CartogChris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windemerc BLC Land Company,LLC Deputy 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Quanta Indemnity Company One Financial Plaza,10a Floor Hartford,CT 06103 Attn:Jeri Apodaca M IIII 111!'111 I III 11 Illi 111 I Illi II ILII I IIII 111 III III CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L.. WEIR, C lerk4ecorder Contra Costa County i Board of Supervisors DOC_ 2008_0053451-00 ; Return to: ' Wednesday, MAR 12, 2008 14:05;23 Public Works Department I FRE $0.00: 1 Engineering Services Division i Tt 1 Pd $0.00 Nbr-0004022629 lrc/R9/1-8 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 ABSENT: Uilkema ABSTAIN: None RESOLUTION NO. 2008/ �j L SUBJECT: Accepting completion of improvements for East Branch Parkway and Sherwood Way, Road Acceptance 03-01151 (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 03-01151 (cross-reference Subdivision 03'L',08509)have been completed as provided in the Road Improvement Agreement with Windemere BIC Land Company,LLC,heretofore approved by this Board; BB:vz G:\EngSvc\BO\2008\03-11\BO-45 DV(RA)RA 03-1151.doc Originator: Public Works(ES) I hereby certify that this is a'true and correct copy of an Contact: Teri Rie(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.Tehancy,M&T Lab I.Bergeron,Mapping Div. ATTESTED: E),3 At O B.Balangan,Engineering Svc. JOHN CULLEN, CIA of the Board of Supervisors and Sheriff-Patrol Div.Commander CHP,c/o AI 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 By , Deputy San Ramon,CA 94583 Attn:Brian Olin Quanta Indemnity Company One Financial Plaza,10th Floor Hartford,CT 06103 Attn:Jeri Apodaca RESOLUTION NO.2008/, (p 1, ,i, SUBJECT: Accepting completion of improvements for East Branch Parkway and Sherwood Way, Road Acceptance 03-01151 (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 January 25, 2005 National Farmers Union Standard Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$3,100,000.00, Bond No. 4410156 issued by the above surety be RETAINED for the six month lien guarantee period until September 11,2008,at which time the Clelk 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 and Sherwood Way 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, inl;Book 468 ofjffinal maps at Page 21, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Width Lengths (Miles) East Branch Parkway 84'Road/118'R/W Width 0.58 Sherwood Way 40'Road/72'R/W Width 0.38 Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept East Branch Parkway and Sherwood Way for maintenance and ownership 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 $62,000.00cash deposit (Auditor's Deposit Permit No. 434613, dated November 16, 2004) 'made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$920,700.00,Bond No.4410156 issued by Quanta Indemnity Company (formerly National Farmers Union Standard Insurance Company) 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. li i 'I RIDER To be attached to and form part of- Bond Number 4410156 dated- 10/27/2004- issued by the QUANTA INDEMNITY COMPANY (FORMERLY NATIONAL FARMERS UNION STANDARD INSURANCE COMPANY) in the amount of $6,138,000.00 on behalf of WINDEMERE BLC LAND COMPANY LLC (Principal) and in favor of CONTRA COSTA COUNTY (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: $6,138,000.00 TO: $920,700.00 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 7th day of February, 2008. See Attached Signature Block (Principal) By. QUANTA INDEMNITY COMPANY FORMERLY NATIONAL FARMERS UNION STANDARD INSURANCE COMPANY (Surety) By: Jeri Apodaca, orney-In Fact Bond Rider No. 4410156 Phase 4,RA 03-01151 (X-ref SD 03-08509) aka Backbone Roadways 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 By 1 stn11 ; David Geist,Asst. Secretary ' ^ / CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT ' State of California County of Orange fit (Here insert name and title of the officer) personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(R)whose name(g) is/Aw subscribed to the within instrument and acknowledged to me that Irelshe/Am y executed the same n eriltbdx authorized capacity0o*), and that by W/her/tWr signature(s) on the instrument the pdrson(i), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY ORPERJURY under the laws of the State of California that the foregoing paragraph is true and correct. E son LUU WITNESUSy h d and.official seal. Comminion Land I Orange ccwnty (Notary Seal) Signature~Notary Public - - —' ... INSTRUCTIONS FOR COMPLETING TI-11 S FORM Any acknowledgment co-pleted in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUNIENT appears above in the notary�section or a separate acknowledgment form must be waperlyi completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiagel:does not require the notary to do something that is illegalfor a notaty in it California(i.e. cert6ing the'authorieed capacity of the signer).Please check the document carefullyfor proper notarial wording and attach thisform ifrequired. (Title or description of attached document continued) State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. Date 0`f notarization must�e the date that the signer(s)personally appeared which must so be the same date'ihe acknowledgment is completed. (Additional information) The r�otary public must print his or her name as it appears within his or her commission followed by a c'omma and then your title(notary public). Print the name(s) of document signer(s)who personally appear at the time of e the correct singul' CAPACITY CLARVIED BY THE SIGNER Indicat ar or plural forms by crossing off incorrect forms(i.e. helshe/dw)—is/are)or circling the coirectforms.Failure to correctly indicate this El In&vidual(s) inform tion may lead to rejection of document recording. ... El Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) its,otherwise complete a different acknowledgment form. sufficient area perm Signiture of the notary public must match the signature on file with the office of El Partner(s) the county clerk. (M Attomey-in-Fact Additional inform'Stion is not required but could help to ensure this i�; [3 Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. Other Indicate the capa6ity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). Securely attach this document to the signed document / CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT ............................................................................................._._._._._._.__,_._._,.._._._._._..._..._._._._._._._.. State of CALIFORNIA County of CONTRA COSTA ss. On February 13, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared I 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 he/sWthey executed the same in hisAie4their authorized capacity(ies), and that by hisA4e4their signature(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 • '� Comm6slon#F 1715643 Notary Publlc -Callfornla WITNESS my hand and official seal. zContra Costa County Cflnrn MnJon12 ZAII (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#4410156 Contra Costa County RA 03-01151 (X-ref SD 03-08509) aka Phase 4 Backbone Roadways Civil Improvements Document Date: February 7,2008 Number of Pages: 5 Signer(s) Other Than Named Above: Jeri Apodaca,Attorney-In-Fact(Surety) Capacity(ies) Claimed by Signer Signer's Name: See below ❑ Individual • ® Corporate Officer—Title(s): Brian G. Olin,Vice-President Top of thumb here David Geist-'Asst. Secretary ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation c QUANTA INDEMNITY COMPANY [formerly National Farmers Union Stari?dard 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 r of Irvine,California to'be its true and lawful Attorneys)-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. 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;for 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. j 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 Companywith 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 NationallFarmers,Uniori Standard Insurance Company]has been affixed thereto in New York City;New York this 26"'day of March,2004, QuantalIndemnity Company [formerly National Farmers Union 'Standard Insurance Company] By Waida Decreus,Assistant Secretary o �o Z Jn.2 d. 2003 :�"�y O. �ti�4 i !h li