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Home My WebLink AboutMINUTES - 03182008 - C.12 TO: BOARD OF SUPERVISOR-S '`•---, ��_==�'�; Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR Costa DATE: March 18, 2008 ` ASF-------` - G~ County SUBJECT: Accept completion of improvements and declaring Camino Tassajara Road widening as a county road, Road Acceptance 05-01191 (cross-reference Subdivision 05-08957), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RE COMMENDATION(S): ADOPT Resolution No. 2008/ lqa for Road Acceptance 05-01191 (cross-reference Subdivision 05-08957), 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 completion of improvements will not be accepted and the warranty period will not begin. / �� r Continued on Attachment: / SIGNATURIE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE i,AfPROVE OTHER / SIGNATURE(S):(!, ACTION OF BO ON 07 1 Le J" APPROVED AS RECOMMENDED_)e_OTHER VOTE OF SUPE ISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT_�1 S'r. .#F_) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. BB:vz G:\EngSvc\BO\2008\03-11\BO-45 DV(RA)RA 05-1191.doc Originator: Public Works(ES) Contact: Teri Pie(313-2363) 2 Recording to be completed by Clerk of the Board ATTESTED: ✓, I.D.94-3291516 ee: Public Works P.Teha ey, Div. JOHN CULLEN Clerk of the Board of -P.Tehaney,M&T Lab � -I.Bergeron,Mapping Div. B.Balangan,Engineering Svc. Supervisors and County Administrator - T-January 18,2008 Sheriff-Patrol Div.Commander CHP,do Al CSAA-Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 By eputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Atm:Brian Olin The Continental Insurance Company 2405 Lucian Way,5'Floor Maitland,FL 32794 Attn:Jane Kepner Illllllllllllllllllliillilllllillllillillilliilli CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2008_0059267-00 Board of Supervisors Return to: Wednesday, MAR 19, 2008 13:45:31 Public Works Department FRE $0.00 I : Engineering Services Division Tt l Pd $0.00 Nbr-0004029522 rrc/R9/1-10 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/ 1.1'e SUBJECT: Accepting completion of improvements and declaring Camino Tassajara Road widening as a county road, Road Acceptance 05-01191 (cross-reference Subdivision 05-08957), San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 05-01191 (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:AEngSvcA130\2008\03-11\130-45 DV(RA)RA 05-119Ldoc 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 nn I.Bergeron,Mapping Div. ATTESTED: C�g 11 t� b B.Balangan,Engineering Svc. JOHN CULLEN, Clerk of the 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 The Continental Insurance Company 2405 Lucian Way,5''Floor Maitland,FL 32794 Attn:Jane Kepner REl30LUTION NO.2008/ SUBJECT: Accepting completion of improvements and declaring Camino Tassajara Road widening as a county road, Road Acceptance 05-01191 (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 June 27, 2006 The Continental Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $1,285,500.00, Bond No. 929 396 216 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 Camino Tassajara Road widening, the hereinafter described public improvements, as shown and dedicated for public use on separate instruments recorded on October 16, 2007, recording series DOC 2007-0289146-00; and October 23, 2007, recording series DOC-2007-0299786-00, Official Records of Contra Costa County, State of California are ACCEPTED and-DECLARED to be a county road. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $25,700.00 cash deposit (Auditor's Deposit Permit No. 465254, dated June 8, 2006) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $381,200.00, Bond No. 929 396 216 dated February 7, 2008 issued by The Continental 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. 9-00J6 /( -'-8 RIDER To be attached to and form part of. Bond Number 929396216 dated 5/19/2006 issued by the THE CQ: TINENTAL INSURANCE COMPANY in the amount of $2,541,300.00 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: $2,541,300.00 TO: $381,200.00 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 7th day of February, 2008. Signed, Sealed &Dated this 12th day of February, 2008. See Attached Signature Block (Principal) By: THE CONTINENTAL INSURANCE COMPANY (Surety) By: ('rte Jeri Ap aca, Attorney- 'n-Fact Bond Rider No. 929396216 Phase 5,RA 05-01191 (X-ref SI) 05-08957) aka Camino Tassajara 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 Gam-- By: Brian G. Olin,Vice-President David Geist,Authorized Agent ?i CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On 2/12/08 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(A)whose name(a)is/m subscribed to the within instrument and acknowledged to me that lre/she/gW executed the same in hirs/her/tbeix authorized capacityoW, and that by W/her/t eir 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. K. LUU WITNESS my �cial seal. ol Commission # 1778641 -m Notary Public -California z Orange County (Notary Seal) MyComm.Expires Nav6,2011 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 (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 CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/shdahey 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 sent 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) • Signature of the notary public must match the signature on file with the office of the county clerk. AttOmey-Iii-Fact Additional information is not required but could help to ensure this O Trustee(s) acknowledgment is not misused or attached to a different document. 11 OtherIndicate 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 ti 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 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 ,he�s#ethey executed the same in their authorized capacity(ies), and that by his/he their 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 #E 1715848 -i Notary Public -California WITNESS my hand and official seal. Contra Costa County Comm jM 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#929396216 Contra Costa County RA 05-01191 (X-ref SD 05-08957) aka Phase 5 Camino Tassajara Road Civil Improvements Document Date: February 12, 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, Inc. a California corporation POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Linda Enright,Mike Parizino,Rhonda Carlyn Abel,James A.Schaller,Jeri Apodaca,Jane Kepner, , Individually of Irvine,CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board of Directors of the corporation. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1 st day of October,2006. ••""'•• The Continental Insurance Company •��WSO� c►• inn �? Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this I st day of October,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. -OFFICIAL SEAL- MARIA M.WOW � Nary Public.9ntf mmof a • tih cob•ia�Eapiw an11 SMS My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 12th day of February 2008 .• ��'IjjgV The Continental Insurance Company loww A:• -of's�� Mary A. RtiikaQkis Assistant Secretary Form F6850-11/2001 61: 1 Bollinger Canyon Road #500 San Ramon, CA 94583 January 31, 2008 VIA FACSIMILIE: 925.313.2333 No, of Fax Pages: 1 Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 ATTENTION: Teri Rie, Associate Civil Engineer SUBJECT: Request for Reduction in Performance Bond Dear Teri: As per your request please authorize a Bond Reduction, the approved CCCPW Inspection Status Report from Dave Sanchez will follow. I am working on the Turnover Documents and will provide them as soon as possible. Please acknowledge below. Thank,you. Cathy Taylor Lennar- Bay Area Land Project aka Community Name: Windemere San Ramon Subdivision Number: RA 05-01191 (X-ref SD 05-08957) Date of Bond: May 19, 2006 Original Bond Number: 929396216 Original Performance Bond Amount: $2,541„300.00 Rider Amount: $381,200.00 (15%of Original Performance bond amount) BOS approved Agreement Reso. No.: 2005/404 Authorization: �— Teri Rie, Associate i it ngineer Date Engineering Services-Division, CCC-PW (925) 313-2363