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HomeMy WebLinkAboutMINUTES - 03112008 - C.17 TO: BOARD OF SUPERVISORS ` _ -- a .Y- 1111111 -_- CONI lllllllllllll RA COSTA C IIIIIIIIIIIII --- Recorded at the request of: STEPHEN L o Recorder IIIIIIIIIIIII Contra Costa County. DOC.. HEIR, Cl er Office ce III Board of Supervisors We 209g_ -Recorder Return to: 'PRC neSday. M � DD 3 1� Public Works Department $0.001 IRR 12, 20052�0D Engineering Services Division T 1 pd 14:05:29 i � $0,00 Nbr-0004011630 THE BOARD OF SUPERVISORS OF CONTRA COSTA CO Y;ch___- Adopted this Resolution on March 11, 2008 by the following vote: AYES: Gioia, Piepho, Bonilla, Glover I NOES: None ABSENT: Uilkema 1 ABSTAIN: None -- - _- — - RESOLUTION NO. 2008/ SUBJECT: Accepting completion of improvements for Windemere Parkway Phase 5 Wildlife Crossing,Road Acceptance 04-01164(cross-reference Subdivision 03-08510), San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 04-01164(cross-reference Subdivision 03!,,085 10)have been completed as provided in the Road Improvement Agreement with Windemere BC Land Company,LLC,heretofore approved by this Board; BB:vz G:\EngSvc\BO\2008\03-1 I\BO-45 DV(RA)RA 04-1164.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 l Supervisors on the date shown. cc: Public Works Construction Div. P.Tehaney,M&T Lab I.Bergeron,Mapping Div. ATTESTED: ©3 lk O g B.Balangan,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and Sheriff-Patrol Div,Commander CHP,coo Al County Administrator CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC B Deputy 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn Patricia H,Brebner RESOLUTION NO.2008/1 'r SUBJECT: Accepting completion of improvements'for Windemere Parkway Phase 5 Wildlife Crossing,Road Acceptance 04-01164(cross-reference Subdivision 03-08510), 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 6, 2007 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for $36,500.00, Bond'No. 08745343 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 the Windemere Parkway Phase 5 Wildlife Crossing for the hereinafter described public improvements is ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors; the San Ramon City Council shall accept Windemere Parkway Phase 5 Wildlife Crossing 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$1,000.00 dash deposit(Auditor's,Deposit Permit No.438801,dated February 3,2005)made by Windemere BLC Land Company,LLC,and the performance/maintenance surety bond rider for $10,800.00, Bond No. 08745343 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's Works Department. i RIDER To be attached to and form part of. Bond Number 08745343 dated':' 1/14/2005 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND in the amount of $72,000.00 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: $72,000.00. TO: $10,800.00 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 13th day of February, 2008. Signed, Sealed &Dated this 19th day of February, 2008. See Attached Signature Block (Principal) By: Fidelity and Deposit Company of Maryland (Surety) By: R _� Jeri p Atto ey-In-Fact Bond No. 08745343 Phase 5,'RA 04-01164 (X-ref SD 03-08510) aka Wildlife Crossing Road Improvement Agreement (Civil) WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company I, 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: `tit�a David Geist, Authorized Agent r .:.... .; .::.:.,: : .............. ... ....... ...... ......... ........ ......... .............---......- is CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California 1:: j. County of Orange 2/19/08 } On before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca �• t�: [ who proved to me on the basis of satisfactory evidence to be the person(x)whose name(a) is/w subscribed to " the within instrument and acknowledged to me that lra/she/�ay executed the same in bis/her/their,authorized = capacity( , and that by W/her/tsar signature(s)on the instrument the person(R), or the entity upon behalf of is 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. i K. LUU WITNESS nW hand and official seal. Commission # 1778641 Notary Public-California Orange County (Notary Seal) MV Comm.EVkW Nov 6,2011 Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION (`INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly 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) verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certijying the authorized capacity of the signer).Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signers)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must'also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shc/they—is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ 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) sufficient area permits,otherwise complete a different acknowledgment form. [I Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. CA Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other te Indicate title or type of attached document,number of pages and date. Indicate the capacity 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 I' CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA },...SS.- County s-County of CONTRA COSTA On February 21, 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 heishe#hey executed the same in hisA#e4their authorized capacity(ies), and that by hiM;erAheir 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 i Commission #E 1715843 -: Notary Public -California WITNESS my hand and official seal. € ' Contra Costa County Camm.Ei kes Jan 12,2011 d6�L_ (Signature of Notary Public) 0 Place Notary Seal Above OPTIONAL r 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: Contra Costa County Bond Rider#08745343,Windemere RA 04-01164(X-ref SD 03-08510) aka Wildlife Crossing Civil Improvements Document Date: February 19, 2008 Number of Pages:,5 is Signer(s)Other Than Named Above: Jeri Apodaca,Attorney-In-Fact 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, Authorized Agent ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation 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 PAUL C.ROGERS,Vice,President,and T. E. SMITH,Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By'-Laws of said Company,w set forth on the reverse side hereof and are hereby certified to be in full force and effect on,the date hereof d s nate, constitute and appoint Jeri APODACA,of Irvine,California, its true and lawfil age - - ac ke, execute, seal and deliver,for,and on its behalf as surety, and as its act and deed. s , and the execution of such bonds or undertakings in pursuance of these r p m ' pany,'as fully and amply,to all intents and purposes,as if they had been ac ab gularly elected officers of the Company at its office in Baltimore,Md., pjr persattorney revokes that issued on behalf of Jeri APODACA,date40F, 713 The said Assista4CV-ky, t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the Band is now in force. IN WITNESS the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT-COMPANY OF MARYLAND 'jp DUO � f , O wig S W I in* By: T.E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland 1 ss: City of Baltimore f On this 14th day of April, A.D. ,2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice `President, and T. E. SMITH, ',Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, toy 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 Cotpoate 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 fust above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J I , Feb-1:2-08. 10:45am From-LENNAR.COMMUNIT O 9252420822 T-716 P.0.1-/01 F-906 v 6121,",Bollinger Canyon Road#500 San Ramon,:'CA 94583, February 12,2008 lir1A FACSIMILIE 925.313.2333 ,Nd. of'Fax'Pages: 1 : Contra Costa County Public Works Department 255 Glacier`Drive .. Martinez, CA 94553 ATTENTIQN: Teri>`Rie, Associate Civil Engineer SUBI:ECT: Request for;Reduction m Performance Bond pear Teri: As per your requests pleasa!authonze a Bond Reducti6hi the.approved C. CPW Inspection Status;Report will follow. We are also working on,the Turnover Documents t- suhmi .to-Public Works Please acknowiegge below. Than you. Cathy;Taylor Lennar- Bay Area Land Project aka Cornmunity,,Name Wind einOre S San Ramon Sebdvision Number: RA 0401164 (X refStD 03-0851;{}} aka Wildlife Crossing Date of Bondi January 14. 2005 original Bond Number: 08745343 original PPrforrnance'Bond Amount: ' $ 2ti000'00' Rider Amount $7 0800.00 (1�i of Original;Performance pone amount] B©S approved Agreement Reno. No.: 2007 4-624 Authorization: , Teri Rie, Associ to, ivi E glneerDate Engineering Services Division, CCC-PW (925)313-2363 i