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Home My WebLink AboutMINUTES - 03112008 - C.18 I'. TO: BOARD OF SUPERVISORS •:= ---_�.,, FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa x, ;;;iapiilA DATE: March 11, 2008 �o --__ =G�~`4O4 STq C6U>y County SUBJECT: Accept completion of improvements for East Branch Parkway, Road Acceptance 04-01174 (cross-reference Subdivision 03-08510); San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): i ADOPT Resolution No. 2008/6 for Road Acceptance 04-01174 (cross-reference Subdivision 03-08510), 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: ✓ SIGNATURE: i. _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER r SIGNATURE (S)- ACTION OF B A D ON nv 411 APPROVED AS RECOMMENDED_ C�OTHER _ VOTE of SUPERVISORSI hereby certify that this is a true and correct UNANIMOUS(ABSENT 1 copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT:ABSTAIN: date shown. DS:vz G:\EngSvc\BO\2008\03-11\BO-45 DV(RA)RA 04-1174.doc Originator:Public Works(ES) Contact:Teri Ric(313-2363) Recording to be completed by Clerk of the Board ATTESTED:_n-TZ I /Q I.D.94-3291516 cc: Public Works Construction Div. JOHN CULLEN, Clerk of the Board of P.Tehaney,M&T Lab 1.Bergeron,Mapping Div. Supervisors and County Administrator B.Balangan,Engineering Svc. Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon y , e 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 Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 Attn:Jeri Apodaca zn__-- ---- _ Iilllllllllllllllllllllllllll �� C I IIlII 1 illl!II I!I I!I �, ONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR Clerk-Recorder G��f„� Contra Costa County DDC— lgg 0053453_00 Board of Supervisors Return to: Wednesday, MAR 12, Public Works Department + FRE $0.00: 1 2@08 14:05:33 Engineering Services Division Tt 1 Pd $@,@@ Nbr-0004022631 Irc/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 I NOES: None ABSENT: Uilkema j ABSTAIN: None RESOLUTION NO. 2008/ 1`�,a SUBJECT: Accepting completion of improvements'!for East Branch Parkway,Road Acceptance 04-01174 (cross-reference Subdivision b3-08510), San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 04-01174(cross-reference Subdivision 03;x`08510)have been completed as provided in the Road Improvement Agreement with Windemere BIJIC Land Company,LLC,heretofore approved by this Board; DS:vz G:\EngSvc\BO\2008\03-11\BO-45 DV(RA)RA 04-1174.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) actio Recording to be completed by Clerk of the Board taken and entered on the minutes of the Board of I.D.94-3291516 Supervisors on the date shown. cc: Public Works Construction Div. P.Tchaney,M&T Lab -I.Bergeron,Mapping Div. ATTESTED: O t\ b B.Balangan,Engineering Svc. 1' Sheriff-Patrol Div.Commander JOHN CULLEN, Clerk of the Board of Supervisors and 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 Deputy 6121 Bollinger Canyon Road,Suite 500 y p y San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 Attn:Jeri Apodaca RESOLUTION NO.2008/, t . SUBJECT: Accepting completion of improvements'for East Branch Parkway;',Road Acceptance 04-01174 (cross-reference Subdivision';03-08510),.San Ramon(Dougherty Valley) area. (District III) DATE: March 11, 2008 PAGE: 2 I 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: j, DATE OF AGREEMENT ` NAME'OF SURETY November 1, 2005 Arch Insurance Company BE IT FURTHER RESOLVED the payment(l bor and materials)surety for$1,289,000.00, Bond No. SU 5015795 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 fon the Final Map of Subdivision 03-08510 filed August 12, 2005, in Book 481 of final maps at Page 28, Official Records of Contra Costa County, State of California, is ACCEPTED AS COMPLETE. Road Name Road-R/W Widths I Lengths (Miles) East Branch Parkway 84'curb/118' RW 0.25 k Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept East Branch Parkway 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$25,800.0Aash deposit(Auditor's Deposit Permit No.448563,dated July 25, 2005)made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $382,830.00, Bond No. SU 5015795', issued by, Arch 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. RIDER To be attached to and form part of: Bond Number SU5015795 dated 7/11/2005 issued by the ARCH INSURANCE COMPANY in the amount of $2,552,200.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) 1' . E, 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: $2,552,200.00 TO: $382,830.00 It is further understood and agreed that all other termslsand conditions of this bond shall remain unchanged. This Rider is to be Effective this 1st day of February,;2008. Signed, Sealed & Dated this 8th day of February, 2008. WINDEMERE BLC LAND COMPANY, LLC By: (Principal) ARCHINSURANCECOMPANY (Surety) Jeri Apodaca,Atf6mey-"in-Fact' I� 'll Bond Rider No. SU5015795 Phase 5A,RA 04-01174(X-ref'SD 03-08510)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: 1C David Geist, Authorized Agerit . _ if CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange, 2/8/2008 On before me, Lisa Kay Crail, Notary Public , Date d Here Insert Name and Title of the Officer personally appeared Jeri Apodaca Names)of Signers) i, 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 11SA i GRAIL capacity , and that by her signature on the Commission 1723222 instrument the person , or the entity upon behalf of Notary Public California = II which the person `acted, executed the instrument. Rivoralde County *Comm.Fxpp%Feb2,2011 i I certifyfunder PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct. WITNESS my hand and offj�ia� I meal. Signature- Place Notary Seal Above Signat of Nota-ey ublic,_" OPTIONAL! ( , Though the information below is not required by law,it may provei 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General` Vuelakillidmillivilwaill X Attorney in Fact - ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator Cl Other: ❑ Other: Signer Is Representing: Signer Is Representing: Arch Insurance Company 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 913132402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 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)+sure subscribed to the within instrument and acknowledged to me that he4heAhey executed the same in h&A4e,4their author zed capacity(ies), and that by #isA%Mheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, r 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: 50 CATHERINE M. TAYLOR Commission * 171504 Notary Public -California WITNESS my hand and official seal. Contra Costa County Cantu Jan 12,2011 (Signature of Notary Public) 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#SU5015795 Contra Costa County RA 04-01174 (X-ref SD 03-08510) aka Phase 5A Backbone Roadways Civil Improvements e l Document Date: February 8,2008 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-Presiaent 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 a: In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 31st day of_. .Lly. 20.07 Arch Insurance Company Attested and Certified CWMATE v SEAL lj l 1971 7D Martin J. Nilse ecretary Edward M. Titus 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 lof 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 voluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein'set forth. PETER J.CALLEO,ESQ. e Notary Public,State of New York 1l' No.02CA6109336 Qi alified in New York County Pe r J. Nota ubllc Commission Expires May 3, 2008E My`commis s expires 5-03-2008 CERTIFICATION 1, 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. i IN TESTIMONY:^.'!'E'?E^F, I have hereuntc subscribed n^; name and affi d the corpora se f of the Arch Insurance Company on this 8th day of_ February 20 08 � Z i Martin J. Nils , 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 �vOnce, .. • SEAL 1%1 OOMLO013 00 03 03 Page 2 of 2 .; Printed in U.S.A. Jan-31-08 12:26pm From-LENNAR COMMUNITIES ^9252420822 T-704 ;R.OT/Ot f-878 6121.B�ollingerCanyon (Road 4500 ±' 'San Ramon, CA 9,583 January 31, 2008 VIA FACSIMILIE: 925.393.2333 IAIo: of.Fax`Wages: 1 :Contra Costa .Count Public WorKs Department-, F 255 Glacier Drive Martinez,.CA 9.4553 ATTENTION: Teri Rie' Associate Civil E,i glneer. SUBJECT: Request for Reduction �n Performance Band'", .Dear Teri:. As per your request please authorize a Bond Reducti the approved CCCPVV 'inspection Status"Report frcim Dave Sanchez will follow The Turnover .. Documents were ubmitted to Public SNorks ori.lanuary 251 2008. Please,_ - acknowledge below .r Thank you.: Cathy Taylor uennar- Bay Area_ pn n n Project aka Community'Nar'e_ UllindeR. mere; San'jRamon Subdivision Number RA 04!01174: -'ref.S13 X3.0851'03. Date>of Bonn: July 17 2005 Original Bond Number :' SU50�'5795 Original Performance Bond'Amourit $2,552;200.00 'RiderAmount: 382.B30.00' (l5%of Ori ginal.Performance bond amount) BOS approved Agreement Reso. No.- 20051y712 . Authorizat { ff Teri Rie, S. .61 to Clvll riglne' er bate . Engineering ices`Division; CCC-PSN (92'5) 313-2363 as