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Home My WebLink AboutMINUTES - 03112008 - C.19 L/ V SE-L onIrTO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: March 11, 2008 `° °A~` County sra covzy't`; 1 SUBJECT: Accept completion of improvements for East Branch Parkway,Windemere Parkway and Sherwood Way,Road Acceptance 04-01175 (cross-reference Subdivision 04-08923), San Ramon (Dougherty Valley) area. (District III) f SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION i _RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Road Acceptance 04-01175 (cross-reference'Subdivision 04-08923), accepting completion of improvements,for prof ect 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 r/APPROVE OTHER SIGNATURES ATL�Z�,f 1 ACTION OF B ON APPROVED AS.RECOMMENDED A D _OTHER I' VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT V ) copy of':an action taken and entered on the AYES: NOES: minutesof the Board of Supervisors on the ABSENT:_a G ABSTAIN: date shown. BH:vz G:\EngSvc\BO\2008\03-11\130-45 DV(RA)RA 04-1175.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by Clerk of the Board I.D.94-3291516 ATTESTED: 07/„ I C)9 cc: Public Works -Construction Div. i -P.Tehaney,M&T Lab JOHN CULLEN, Clerk of the Board of -1.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. Supervisors and County Administrator Sheriff-Patrol Div.Commander Y CHP,c/o Al %, CSAA—Cartog Chris Low,City of San Ramon ' 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC , Dep y 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: Rachelle Rheault �I CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder ' Contra Costa County Board of Supervisors ' DOC— 2008_0053454-00 Return to: Wednesday, MAR 12, 2008 14:05:38 Public Works.Department ; FRE $0.00: Engineering Services Division Tt 1 Pd $0.00 Nbr-0004022632 I rc/R9/1-8 I � 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-i" - None ABSENT: Uilkema ABSTAIN: None i RESOLUTION NO. 2008/ SUBJECT: Accepting completion of improvements for East Branch Parkway, Windemere Parkway and Sherwood Way, Road Acceptance 04-01175 (cross-reference Subdivision 04-08923), San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for 'Road Acceptance 04-01175 (cross-reference Subdivision 04'x;'08923)have been completed as provided in the Road Improvement Agreement with Windemere BI1!'C Land Company,LLC,heretofore approved by this Board; BB:vz G:\EngSvc\BO\2008\03-11\BO-45 DV(RA)RA 04-1175.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.Tehaney,M&T Lab p -I.Bergeron,Mapping Div. ATTESTED: 03 t k -B.Balangan,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander CHP,c/o Al 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 Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 Attn: Rachelle Rheault RESOLUTION NO.2008/1 �I SUBJECT: Accepting completion of improvements for East Branch Parkway, Windemere Parkway and Sherwood Way, Road Acceptance 04-01175 (cross-reference Subdivision 04-08923), 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 December 13, 2005 Arch Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$5,139,000.00, 11 Bond No. SU 5015800 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. d, BE IT FURTHER RESOLVED that East Branch Parkway, Windemere Parkway and Sherwood Way for the hereinafter described public improvements,as shown and dedicated for public use on the Final Map of Subdivision 04-08923 filed October 7, 2005,in Book 483 of final maps at Page 35, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Len_ hs (Miles) East Branch Parkway 84'curb/118' RW 0.12 Windemere Parkway 84'curb/118'RW 1.24- Sherwood Way 40'curb/72'RW 0.27 Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the following: East Branch Parkway, Windemere 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 herby established, and the $102,800.004cash deposit (Auditor's Deposit Permit No. 451038, dated September 12, 2005) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$1,526,300.00, Bond No. SU 5015800 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. 9; RIDER To be attached to and form part of: Bond Number SU5015800- dated 7/11/2005 issued by the ARCH INSURANCE COMPANY in the amount of $10,175,200.00 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: $10,175,200.00 TO: $1,526,300.00 It is further understood and agreed that all other terms sand 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 Si nature Block By: (Principal) ARCH INSURANCE COMPANY (Surety) By: Jeri Apodaca, At omey-in act y Bond Rider No. SU5015800 Phase 5B,RA 04-01175 (X-ref SD 03-08923) 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: G _ Brian G. Olin,Vice-President By:. FC! J David Geist, Authorized Agent t , 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 Jeri Apo daca Name(s)of Signer(s) personally appeared 6 who proved to me on the basis of satisfadtory 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 capacity ' , and that by her signature' ' on the LISA KAY CRAIL instrument the person , or the entity upon behalf of Commission Public #Californiawhich the person acted, executed the instrument. Notary public - allforl � Riverside County WComm.EVIr+esf6b2.2011t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and lcorrect. WITNESS m n ad-o#fcial seal. ' Signature Place Notary Seal Above G, STbnature Notary 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 pof 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—O Limited ❑ General _ ❑Partner—❑ Limited ❑ General CK Attorney in Fact ❑Attorney in Fact - • ❑ Trustee Top of thumb here []Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ 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 1-800-676-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA } ss: County of CONTRA COSTA On February 13, 2008before 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 he4hE4they executed the same in hisA4e4their authorized capacity(ies), and that.by #isA4er4their_ 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 Commisslon# 1715043 -�� Notary Public -California = Contra Costa County WITNESS my hand and official seal. . Ccrrrn B Irasknl2 201t . UL (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 ofthis form to another document. Description of Attached Document Title or Type of Document: Bond Rider#SU5015800 Contra Costa,County RA 04-01175 (X-ref SD 04-08923) aka Phase 513 Backone Roadways Civil Improvements 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-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, lnc. a California corporation I' , POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and ex'i'sting under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company") does hereby appoint Rhonda C.Abel,Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelle Rheault, and Linda Enright of Irvine, CA(EACH) its true and lawful Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seall'and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter'of credit. This authority does not permit the same obligation to be split into-"two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected'officers at its principal office in Kansas City,,,f,✓liSPW :.._., This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which'are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize'them to execute on behalf of the Company, and attach the;seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution 'adopted by the unanimous consent of the Board of Directors of the:Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A.