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HomeMy WebLinkAboutMINUTES - 03112008 - C.21 1 p`r'4F TO: _ BOARD OF SUPERVISORS, ` — -=� Con r a �. FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: March 11, 2008 County. . J SUBJECT: Accept completion of improvements for Albion Road and Ivy Hill Way Intersection,Road Acceptance 05-01197 (cross-reference Subdivision 03-08508), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008for Road Acceptance 05-01197 (cross-reference Subdivision 03-08508), accepting completion of improvements, for project being developed by Windemere BLC Land Company, (San Ramon (Dougherty Valley)-area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer,Windemere BLC Land Company,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 completion of improvements will not be accepted and the,warranty period will not begin. Continued on Attachment: ✓! SIGNATURE; COMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ,APPROVE OTHER SIGNATURES : 9;����� ACTION OF BO ON APPROVED AS RECOMMENDED 7L . OTHER VOTE of suPExvlsoxs I hereby certify that this is a true and correct UNANIMOUS(ABSENT 215V ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the DS:vz ABSENT:_ABSTAIN: date shown. .. . &\EngSvc\BO\2008\03-I 1\130-45 DV(RA)RA 05-1197.doc - Originator. Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by Clerk of the Board. I.D.94-3291516 • ATTESTED: © \ 'o cc: Public Works -Construction Div. P.Tehaney,M&T Lab JOHN CULLEN elerkof the Board of -I.Bergeron,Mapping Div. - Sheriff-Patrol Div.Commander D.Spinale,Engineering Svc. Supervisors and County Administrator ., CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC y , D uty 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin - Liberty Mutual Insurance Company - 505 South Main Street,#830 Orange,CA 92868 Attn:Rosa E.Rivas Ii f f f l llf 1!I I III II IIII I Ii l 11111 � �--�� . IIIIIIIIIIIIIIIIIIII Recorded at the request of: CONTRA COSTA Co Reeorder Office Contra Costa County STEPHEN L, UEIR Clerk-Recorder Board of Supervisors ' DOC.r 2006-0053449-00 Return to: Public works Department Wednesday, MAR 12, 2008 14:04:48 Engineering Services Division . FRE $0.00. . Tt I Pd $0 00 Nbr-0004022627 Irc/R9/1-9 ? THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,—CXUY1r 0"_rk 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/ I IQ SUBJECT: Accepting completion of improvements for Alb11 ion Road and, Ivy Hill Way Intersection, Road Acceptance 05-01197 (cross-reference Subdivision 03-08508), San Ramon'(Dougherty Valley) area. (District The Public Works Director has notified this Board that the improvements for Road Acceptance 05-01197 (cross-reference Subdivision 03-©8508)have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company,LLC,heretofore approved by this Board; DS:vz G:\EngSvc\BO\2008\03-11\BO-45 DV(RA)RA 05-1197.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.Tehancy,M&T Lab r -I.Bergeron,Mapping Div. ATTESTED: p t, O K -D.Spinale,Engineering Svc. JOHN CULLEN Clerk of the Board of Supervisors arid Sheriff-Patrol Div.Commander CHP,coo AI 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 p y San Ramon,CA 94583 Attn:Brian Olin Liberty Mutual Insurance Company 505 South Main Street,#830 - - Orange,CA 92868 Attn:Rosa E.Rivas RESOLUTION NO.2008/ �'��(0 G' r SUBJECT: Accepting completion of improvements for Albion Road an&Ivy Hill Way Intersection, Road Acceptance 05-01197 (cross-reference Subdivision 03-08508), San Ramon(Dougherty Valley) area. (District III) DATE: March 11, 2008 PAGE: Z NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 11,2008 thereby establishing the six-monthiterminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY June 20, 2006 Liberty Mutual Insurance Company BE IT FURTHER RESOLVED the payment (Labor and materials) surety for$220,000.00, Bond No. 024023085 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 Albion Road and Ivy Hill Way Intersection for the hereinafter described public improvements,as shown and dedicated for public use on the Final Map of Subdivision 03-08508 filed August 21, 2006, in Book 493 of final maps at Page 43, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Albion Road and 39.4-52'/56.1-84.4' R/W 0.1 miles Ivy Hill Way Intersection Upon acceptance by the Board of Supervisors;'the San Ramon City Council shall accept 71. Albion Road and Ivy Hill Way Intersection 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$4,400.001ash deposit(Auditor's Deposit Permit No.463654,dated May 10, 2006) made by Windemere BLC Land Company, LLC; and the performance/maintenance surety bond rider for$65,340.00,Bond No.024023085 issuedlbyLiberty Mutual Insurance Company be RETAINED pursuant to the requirements of section 9474.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. 1' RIDER " To be attached to and fonn part of., Bond Number 024023085 dated 4/2-6/2006 issued by the LIBERTY MUTUAL INSURANCE COMPANY in the amount of $435,600.00 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: $435,600.00 TO: $65,340.00 It is further understood and agreed that all other.terns 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) f By: Liberty Mutual Insurance Company (Surety) By: ) LA Jeri Apodaca, Attorney- n-Fact - J. Bond No. 024023085 Phase-3RA 05-01197 (X-ref SD 03-08508) aka Albion Road 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-c Brian G. Olin, Vice-President Bye. David Geist, Authorized Agent i. L ... ........... ............ .............. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 2/19/08 before mel Kl! uu, Notallotary'.Public (Hcie insert name and title of the officer) personally appeared Jeri Apodaca iv who proved to me on the basis of satisfactory evidence to be the person(A)whose name(g)is/fie subscribed to the within instrument and acknowledged to me that lxatshe/i bay executed the same in bis/her/lbeir authorized ... capacity(, and that by bjg/her/*6r signature(s) on the instrument the person(s), or the entity upon behalf of 32 which the person acted, executed the instrument. I certify under PENALTY OF PER-JURY under the laws of the State of California that the foregoing paragraph is true and correct. K. Luju COMMIU10n * 1778441 Notary Public - California WITNESS my hand and official seal. Z Orange County is NOV6.2011 PV (Notary Seal) 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 (Title or description of attached document) acknow4dgment verbiage as may be printed on such a document so long as the a verblag`does not require the notary to do something that is illegal for a notary in Californiae.(i. ceytifyinithe authorized capacity of the signer). Please check the document Oc ,t,,,,rejullyf i orproper notarial wording and attach this form 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 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)- • 'me,ziotary 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 notarisation. CAPACITY CLAWED BY THE SIGNER Indicite the correct singular or plural forms by crossing off incorrect forms(i.e. is/a”)or circling the correctforms.Failure to correctly indicate this EJ Individual(s)- inform';ation may lead to rejection of document recording. 0 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 El Partner(s) • Signalire of the notary public must match the signature on file with the office of 11 the county clerk. Attorney-iii-Fact Additional information is not required but could help to ensure this D Trustee(s) acknowledgment is not misused or attached to a different document. D Other Indicate title or type of attached document,number of pages and date. 4 Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Secutely attach this document to the signed document • ......... .... .. .. .. .. .. . ..... ... ......................................... ..................................................... ............................................. .......................................... i J CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA 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 tome that eEsheEthey executed the same in his�their authorized capacity(ies), and that by h+s1he4their 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. CCATHERINE M. TAYLOR ommisslon#► 1715843 IL -�: Notary Public-California WITNESS my handand official seal. Contra Costa County Carni Mian 12.2011 (Signature of Notary Public) Place Notary Seal Above OPTIONAL Though the information below isnot required by law;it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment ofahis form to another document. Description of Attached Document Title or Type of Document:Contra Costa County BondiRider#024023085,Windemere RA 05-01197 (X-ref SD 03-08508)aka Albion Road Civil Improvements Document Date: February 19, 2008 Number of Pages: 5 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 0 General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation .JI THIS POWER OF�ATTORiNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.,": 962686 This Power of Attorney limits the"acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE.PRESENTS. That Liberty Mutual'-Insurance Company (the "Company"), a:Massachusetts stock insurance company;.pursuant to and by authority ofthe By-law and Authorization hereinafter set;forth,"does hereby,name constitute and appoint RHO _A DA C BEL, NANETTE MARIELLA-MYERS,JAMES A .SCHALLER,-JANE KEPNER, MICHAEL.D..PARIZINO, JER.I APODACA. LINDA ENRIGHT, RACHELLE;RHEAULT, ROSA E.;HRIVAS ALL OF THE CITY OF IRVINE,STATE OF CALIFORNIA.. ....................... . ..... ..... .. . ......: . ....... ...t. ....: ..... .... . :.each..-individually if therebe.more than one name d, its true and.''lawful attorney in fact to make execute,,seal, acknowledge and deliver,for and on its behalf as surety and as'its actand deed,.any and all undertakings,;bonds;recognizances and othersurety-"obligations:.in the penal sum not exceeding ONE?HUNDRED SEVENTY FIVE MILLION ANQ00<100"" "** *'''*"* DOLLARS-($ 775000,000.00*'* *. )each;and the execution of-such undertakings,,.'bonds recognizances.and other:surety obligation`s in pursuance, of these presents, shall be as binding upon the P y y y g y p terry of the Company in their own proper persons. That this oweris made and executed pursuant torand bntauthor ty of he following p i1 Y p p y y g y-law and Authorization. : ARTICLE XIII`-Execution of Contracts:Section'5.Surety Bonds and Undertakings. _,Any officer of.the Company authorized.for that purpose in writing by the;chairman or the president, and subject to such limitations as the chairman or,the resident may prescribe shall a oint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, W'. acknowledge i f ret n.their res active overs , attorne ecognizances and other surety obligations. Such 7 " attorneys sin fact subjectto the lmiittat ons set so th an and all:u undertakings, y ; shall have full power to bind the Company by their N m s, bonds, r O as bindin as if sig ned b 'the any and attested b the secreta y,Pany. When so executed such instruments shall be ai-" signature and execution of an such instruments.and to attach thereto the seal of the Com g g Y P i Y secretary. mbe y By the following instrument the chairman or the presidenthas authorized the officer or other-official named therein to appoint attorneys-in-fact: .tZ (D: - C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott Assistant Secretary of Liberty Mutual Insurance:Company;-is hereby. ,. - .. Company to make;execute, seal, acknowledge and = � authorized to appoint-such attorneys-in-fact as may be necessary to act in behalf of the = 'O deliver as surety any and all undertakings,bsurety obligations . 0 recognizances and other,, . o to 9-4). That-the By-law and.the Authorization set forth above aretrue copies thereof and are,now in full force and.effect. W C E IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or.official of the Company and the corporate seal of 0'.Q y+-O, Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pelnnsylvania this' :8th day of: June Q as O 2006 _ LIBERTY MUTUAL INSURANCE COMPANY (;_ O I O. 0 =R. i Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss A f Cc COUNTY OF MONTGOMERY. ML, z , .• Garnet-W. Elliott,to me known, and acknowledged ._.d Cthat'h On 8th da of June: 2006 ; before me,a PotYry-Public, personally camef said corporation; and that:he executed the above 3 y E G; Powerof Attorney andtaff zed the cofrLorate sealtof Mutual Insurance Insurance Com ano thereto wit h�he authority and at-the direction of said corporation. : E is an Secretary Liberty Y p Liberty P. i Yt O ca IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania;on the day and year «N = v. first above lk� rCo cue r eaM'VTwnNeYLVrK , IN > ;v z� JJJJ,, O e$'* Or GEYrP K :iti?2P�£ C by Z �0 Z - - r s T ^arY mea rax liar.�8, Ter sa Pastella,Notary Public CERTIFICATE �$ L: qac Pott 4az#snn�yirats ke oca3lan'a fi3ptaras O 1,the undersigned,Assistant. ecretary of Liberty Mutual Insurance-Company,dL.o hereby certify that the original power of attorney of which the foregoing. is a full,true and correct copy,is in full force and effect on the date of this":certificate, and1 do furtfier certify that the officer-or official who executed the said power of attorney is an Assistant Secretary specially-authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of.Liberty Mutual]insurance Company: e roduced signatures un vote of the board of directors of:Liberty Mutual Insurance Company ata meeting duly calla p g der and by authority of the following This certificate and the above.power of attorney may be signed by facsimile or mechanically r d and held on the 12th day of March, 1980. VOTED.that the facsimile or mechanically reproduced signature of any:assistant secretary of the company,wherever appearing upon a certified copy of any power of attorney issued by the companyan connection with surety;bonds, hall be valid and.binding upon the company with the same force and effect as though manually affixed. . IN TESTIMONY WHEREOF, I have hereunto subscribed.my name and affixed the corporate seal of the said company,this 19th day of February 2008. y David M.Carey,Ass• ht Secretar Ji a � Fs6-1:2--08 10:5]:am F=r;o,MMLENNAR'.CORMUNJTIES ;19252420822 71-71,,B-' P.01/01 F"-909 f. 6121 Bollinger Canyom�Road #500, " San'Ramon, CAi94583 a ' Febn,ary'12,.2008 j VIAFACSIMILIE925:313:2333 t No.of Fax:Pages.' 1 Contra,Costaou Cniy _ - - Public"Works.Departrnenfi : 255 Glacier Dave Martinez,",GA.94553', 1 Ii ATTENTIQN"_ Ter, Rie,Associate GivilEngineer :S,UBJECT: Requ6k,".for;Reduotion m PerformanceBorid _ As er our requests-please;authorize a Bond�Reduct Ins ecgon Status.Re icm, the app'roved:CCCPW. P Y p, por[will'follaw: 'Weare also workutg`on the Turnover Qocumehf*,O submit to PURIiC WVorks Fi66se'8cknowleciage below. Thank you. Cathy Taylor ry Lennar- Bay Area Land- I{ u 3 Project"aka;Comrnunity Name: V1lindei ----- S,tn Ramon:: Subdivis:.ion Number 0s 81 51". 1,197 (X ref;SD 03-0854 . . ,aka Aldilon Road 'Da'teof Bond April.,26:,2006, Or"i ►nal Bond Number. I — 9 024023085 Original Perfdrmance Bond Amount:. 435.600:00 'Ridet Amount: $66.3, 46.00 05%0 of Original Performance bond amount) 80`S approved Agreement Reso No; 2006/"38Z Authorizati: Teri Rie, As di e Ch-Al Eng"sneer D,jte, Engineering- ices=Division; CCC.PW , 925 313 .( )� . . -2363:- ,