Loading...
HomeMy WebLinkAboutMINUTES - 03182008 - C.11 SEL TO: BOARD OF SUPERVISORS .;•_= �:___`, Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR Costa DATE: March 18, 2008 County Sra co"vrf► SUBJECT: Accept completion of improvements and declaring Windemere Parkway Extension a county road, Road Acceptance 04-01176 (cross-reference Subdivision 05-08957), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Road Acceptance 04-01176 (cross-reference Subdivision 05-08957), accepting completion of improvements, for project being developed by Windemere BLC Land, 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 road improvements will not be accepted and Windemere Parkway will not be opened. Continued on Attachment:41 SIGNATURE: ?4�� *4 RECOMMENDATION OF COUNTY AD1141NISTRATOR _RECOMMENDATION OF BOARD COMMITTEE 1,14PPROVE THER SIGNATURES ACTION OF BOXRO ON APPROVED AS RECOMMENDED >e-_OTHER VOTE OF SUPE /1S ORS UNANIMOUS(ABSENTJI.�T��) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the BB:vz minutes of the Board of Supervisors on the G:\Enar gSvc\BO\2008\03-11\BO-45 DV(RA)RA 04-1176.doc P Originator:Public Works(ES) date shown. Contact:Teri Rie(313-2363) Recording to be completed by Clerk of the Board I.D.94-3291516 cc: Public Works Construction Div. P.Tehaney,M&T Lab ATTESTED: �l g/ ) 6 I.Bergeron,Mapping Div. —� B.Balangan,Engineering Svc. JOHN CULLEN, Clerk of the Board of Sheriff-Patrol Div.Commander CHP,coo Al ' Supervisors and 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 B DSputy San Ramon,CA 94583 Attn:Brian Olin Insurance Company of the West 17852 E.17"E.17'n Street,Suite 111 Tustin,CA 92780 Attn:Rosa E.Rivas CONTRA COSTA Co Recorder Office Recorded at the request or: STEPHEN L. WEIR, C Jerk-Recorder Contra Costa County --DpC— 2008-0059266-00 Board of Supervisors Return to: Wednesday, MAR 19, 2008 13:45:23 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0004029521 rrcIR911-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 18, 2008 by the following vote: AYES: GIOIA, UILKEMA, BONILLA, and GLOVER NOES: None ABSENT: PIEPHO ABSTAIN: None RESOLUTION NO. 2008/ SUBJECT: Accepting completion of improvements and declaring Windemere Parkway Extension a county road, Road Acceptance 04-01176 (cross-reference Subdivision 05-08957), San Ramon(Dougherty Valley) area. (District 111) The Public Works Director has notified this Board that the improvements for Road Acceptance 04-01176 (cross-reference Subdivision 05-08957) have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board; BB:vz G:\EngSvc\BO\200SN03-1 1\BO-45 DV(RA)RA 04-1176.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.Tehaney,M&T Lab p -I.Bergeron,Mapping;Div. ATTESTED: © �� D o g -B.Balangan,Engineering Svc. JOHN CULLEN, Clerk of t e Board of Supervisors and T-January 18,2009 Sheriff-Patrol Div.Commander 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 By , Deputy 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Insurance Company of the West 17852 E.17'E. 17'Street,Suite 1 I 1 Tustin,CA 92780 Attn:Rosa E.Rivas RIESOLUTION NO.2008/ �� SUBJECT: Accepting completion of improvements and declaring Windemere Parkway Extension a county road, Road Acceptance 04-01176 (cross-reference Subdivision 05-08957), San Ramon (Dougherty Valley) area. (District III) DATE: March 18, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of March 18„ 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 February 7, 2006 Insurance Company of the West BE IT FURTHER RESOLVED the payment (labor and materials) surety for $1,892,000.00, Bond No. 2171041 issued by the above surety be RETAINED for the six month lien guarantee period until September 18, 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 Windemere Parkway Extension the hereinafter described road, is ACCEPTED and DECLARED to be a County road; the right-of-way was conveyed by separate instrument, in the Official Records of Contra Costa County, State of California: Instruments Date RecordingSeries eries Offer of Dedication-Road Purposes December 4, 2007 DOC-2007-0330656-00 Offer of Dedication-Road Purposes December 18, 2007 DOC-2007-0343151-00 Road Name Road-R/W Widths Lengths (Miles) Road# SYS Windemere Parkway 74'-118 R/W Widths 0.79 6104 AR Windemere Parkway 86'-135' R/W Widths 0.05 6104 AR Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept Windemere Parkway Extension for maintenance in accordance with the Dougherty Valley Memorandum of Understanding (MOU), sections 4.6(b) and 6. Per section 4.6(b) the County is required to contract with the City for maintenance. BE IT FURTHER RESOLVED that the County is hereby contracting with the City of San Ramon to provide General Maintenance services in accordance with Section 6 of the MOU. The maintenance contract shall be funded by CSA M-29. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $37,800.00 cash deposit (Auditor's Deposit Permit No. 453163, dated October 20, 2005) made by Windemere BLC Land Company, LLC, and the performance/maintenance surely bond rider for $561,930.00, Bond No. 2171041 dated February 1, 2008, issued by Insurance Company of the West 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 2171041. dated 9/27/2005 issued by the INSURANCE COMPANY OF THE WEST in the amount of $3,746,2,00.00 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: $3,746,200.00, TO: $561,930.00 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: INSURANCE COMPANY OF THE WEST (Surety) F \ By: Lk , , Jeri Apod , Attor y- n-Fac — _. Bond Rider No. 2171041 Phase 5,RA 04-01176 (X-ref SD 05-08957) aka Offsites Windemere Parkway 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: rl'­�n:1 M . A'- xt David Geist, Asst. Secretary . ......................... ...................... .................... . ................................................................................................................................................... CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 2/07/08 before me, K. Luu, Notary Public (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(g)whose name(x)is/w subscribed to the within instrument and acknowledged to me that Ixer/she/lbay executed the same in bis/her/lbeir,authorized ..capacity(�W, and that by W/her/%6r signature(s) on the instrument the person(i), 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. K. LUU Commission # 11771111641 WITNESSCalifornia z hand and official seal. Notary Public Orange County L�r *C0MFn.EV110sNW6,2011 (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 formmus t 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) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying 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 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) • 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 CLAMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. helshe/dw is/are)or circling the correct forms.Failure to correctly indicate this 0 Individual(s) information 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 (Tide) sufficient area permits,otherwise complete a different acknowledgment form. 11 Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. [Z Attorney-in-Fact Additional information is not required but could help to ensure this El 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. 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 ............................................................ ................................................................................... .................... _................................................................ .................. CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA l )} County of CONTRA COSTA ss. On February 13, 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) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in h+sEhetrltheir authorized capacity(ies), and that by htheir 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 Commission #► 1715843 -� Notary Public -California WITNESS my hand and official steal. Contra Costa County q� CMVfL UesJan12,2011 (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#2171041 Contra Costa County RA 04-01176 (X-ref SD 05-08957) aka Phase 5 Windemere Parkway Civil Road 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 No. 0000973 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint JANE KEPNER,NANETTE MYERS,JAMES A.SCI-TALLER,JERI APODACA,MIKE PARIZINO, LINDA ENRIGHT,RHONDA C.ABEL,ROSA E.RIVAS,RACHELLE RHEAULT,GRACE REZA their true and lawful Attomey(s)-in-Fact with authority to dale,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January,2008. ru,,o PANT l9 POfjq CIC\` 6 A �\ arcOPPOAAI 4 R` Eos ° r�}o`t = ��� INSURANCE COMPANY OF THE WEST�o SEAL e`l v m ;, EXPLORER INSURANCE COMPANY 0111\'E� INDEPENDENCE CASUALTY AND SURETY COMPANY � �3f�\oRNt► l2ffff dog., ,�vY) Jeffrey D.Sweeney,Assistant Secretary J.Douglas Browne,Senior Vice President State of California } SS. County of San Diego On January 2,2008,before me,Mary Cobb,Notary Public,personally appeared J.Douglas Browne and Jeffrey D.Sweeney,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument,the entity upon behalf of which the persons 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. Witness my hand and official seal. MARY COBE IG, COMM.dk11602390 NOTARY PUBUCOUM NIA i VSAN OIEGOWUNTY A MyComnt9sionExp� " ip SEPTEMBER 20.2009 Mary Cobb,Notary Public RESOLUTIONS This Power of Attomey is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers of Attomey appointing the person(s)named as Atlomey(s)-in-Fact to date,execute,sign,seal, and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shalt have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE 1,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and eflect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force. IN WITNESS WHEREOF,I have set my hand this 7th day of February 2008 t r Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attomey Number,the above named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 EI Camino Real,San Diego,CA 92130-2045 or call(858)350-2400.