HomeMy WebLinkAboutMINUTES - 03182008 - C.13 sE `
TO: BOARD OF SUPERVISORS �?E =-� �`--��' Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
Costa
n.
DATE: March 18, 2008
S>A �aU;s County
SUBJECT: Accept completion of private improvements for Ashbourne Circle, Camberly Court, Sudbury
Court, Wycombe Court, Cranleigh Court and Winsford Court, Subdivision 97-07996, San
Ramon area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/1 for Subdivision 97-07996, accepting completion of private
improvements, for pr6ject being developed by Toll Brothers, Inc., San Ramon area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The private improvements have been completed. Additional work is necessary to address erosion in streams
tributary to detention basin per Regional Water Quality Control Board requirements for which a new bond is
being provided by developer.
CONSEQUENCES OF NEGATIVE ACTION:
The improvements will not be accepted as complete.
Continue on d Attachment: SIGNATURE:
e
_e,R'ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BA DON O o� APPROVED AS RECOMMENDED�_OTHER
VOTE OF SUP VISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT l T. _) 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\B0\22008\03-lKB0-45 SD 97-7996.docx
Originator: Public Works(ES),
Contact:S.Gospodchikov(313-2316) p Q
Recording to be completed by Clerk of the Board ATTESTED: ®��`b/®V
cc: Public Works Construction Div. —�
P.Tchaney,M&T Lab JOHN CULLEN, Clerk of the Board of
H.Finch,Maintenance Div.
1.Bergeron,Mapping Div. Supervisors and County Administrator
D.Spinale,Engineering Svc.
Sheriff-Patrol Div.Commander
CHP,c/o Al
CSAA—Cartog
Toll Brothers,Inc. By , Deputy
100 Park Place,#140
San Ramon,CA 94583
Attn:Bill Morrison
Fidelity and Deposit Company of Maryland
200 Berwyn Park
920 Carsatt Road,Suite 105
Berwyn,MD 19319-1150
CONTRA COSTA Co Recorder Office
STEPHEN L. WEIR, Clerk-Recorder
Recorded at the request of: DOC— 2008-0094156-00
Contra Costa County Tuesday, APR 29, 2008 14:58:53
Board of Supervisors
Return to: FRE $0.00
Public Works Department Tt 1 Pd $0.00 Nbr-0004070918
Engineering Services Division 1 r C/RS/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 q
RESOLUTION NO. 2008/
SUBJECT: Accepting completion of private improvements for Ashbourne Circle, Camberly
Court, Sudbury Court, Wycombe Court, Cranleigh Court and Winsford Court,
Subdivision 97-07996, San Ramon area. (District III)
The Public Works Director has notified this Board that the improvements in Subdivision
97-07996 have been completed as provided in the Subdivision Agreement with Toll Brothers,
Inc., heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
DS:vz
G:\EngSvc\BO\2008\03-18\BO45 SD 97-7996.docx
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: S.Gospodchikov(313-2316) action taken and entered on the minutes of the Board of
Recording to be completed by Clerk of the Board
cc: Public Works -Construction Div. Supervisors on the date shown.
-P.Tehaney,M&T Lab
-H.Finch,Maintenance Div. � Q
-I.Bergeron,Mapping Div. ATTESTED: Da/I V
-D.Spinale,Engineering Svc. JOHN CULLEN, Cle k of the Board of Supervisors and
Sheriff-Patrol Div.Commander
CHP,c/o AT County administrator
CSAA—Cartog
Toll Brothers,Inc.
100 Park Place,#140
San Ramon,CA 94583 B ,Deputy
Attn:Bill Morrison
Fidelity and Deposit Company of Maryland
200 Berwyn Park
920 Carsatt Road,Suite 105
Berwyn,MD 19319-1150
RESOLUTION NO.2008/ "�
SUBJECT: Accepting completion of private improvements for Ashbourne Circle, Camberly
Court, Sudbury Court, Wycombe Court, Cranleigh Court and Winsford Court,
Subdivision 97-07996, San Ramon 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 Subdivision Agreement:
DATE OF AGREEMENT_ NAME OF SURETY
January 25, 2005 Fidelity and Deposit Company of Maryland
BE IT FURTHER RESOLVED the payment (labor and materials) surety for
$1,222,500.00, Bond No. 08744676 issued by the above surety be RETAINED for the six
month lien guarantee period until September 18, 2008, at which time the Public Works Director
is AUTHORIZED to release the surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that Ashbourne Circle, Camberly Court, Sudbury Court,
Wycombe Court, Cranleigh Court and Winsford Court the hereinafter described roads, as shown
and dedicated for private use on the Final Map of Subdivision 97-07996 filed January`31, 2005,
in Book 473 of final maps at Pages 46-63, Official Records of Contra Costa County, State of
California, have been COMPLETED.
BE IT FURTHER RESOLVED that the private improvements have been COMPLETED
and are NOT ACCEPTED NOR DECLARED as County Roads, at this time.
BE IT FURTHER RESOLVED that there is no warranty period required, and the
Subdivision Agreement and surety bond, Bond No. 08744676, dated December 16, 2004, are
exonerated.
BE IT FURTHER RESOLVED that the $24,430.00 cash security Auditor's Deposit
Permit No. 437203, dated January 5, 2005 and Bond No. 08878018 (performance amount of
$200,000.00 and labor and materials amount of $100,000.00) issued by Fidelity and Deposit
Company of Maryland, dated January 3, 2008, shall be RETAINED until release by this Board.
All deposit permits are on file with the Public Works Department.
94 000 l r-,0
Subdivision: 7996
Bond No.: 08878018
Premium: $2,000.00
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install
and pay for street, drainage, and other improvements in Subdivision 7996
as specified in the Subdivision Agreement, and to complete said work within the time specified for
completion in the Subdivision Agreement, all in accordance with State and local laws and rulings therein-ider
in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision.
Toll Land XXII Limited Partnership,A Limited Partnership
2. OBLIGATION: owned by wholly-owned subsidiaries of Toll Brothers, Inc. as Principal, and
Fidelity and Deposit Company of Maryland ,a corporation organized existing
under the laws of the State of MD , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Two Hundred Thousand Dollars and 00/100 ($200,000.00
for itself or any city assignee under the above County Subdivision Agreer;i L,
plus
B. Payment: One Hundred Thousand Dollars and 00/100 Dollars ($
$100,000.00 _) to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded Principal,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there
shall be included costs and reasonable expenses and fees, including reasonable attorney's
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs
and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers, material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the sane in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15 (commencing with Section
3082) of Part 4 of Division:3 of the Civil Code, so as to give aright of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on January 3, 2008
TOLL LAND XXII LIMITED PARTNERSHIP
BY: TOLL CA GP CORP., GENERAL PARTNER
PRINCIPAL• SURETY: Fidelity and Deposit Company of Maryland
Address: 250 Gibraltar Road Address: 300 Berwyn Park, Suite 102, 801 Cassatt Road
CitHorshamZip: 19041 City: Berwyn z,5,7 Zip: 19312
i
By. By:
Print Name: --)Akao,-\ A1X'RRtSOt--) ZZ Print Name: Daniel P. Dunigan
Title: Title: Attorney-in-Fact
:mW
\\PWS1\SHARDATA\GrpData\EngSvc\Forms\BN WORD\BN.12.doc
............................
R.v j7 uib:;17::i1997.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of PENNSYLVANIA
County of CHESTER
ARLENE OSTROFF
On JANUARY 3, 2008 before me, NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared DANIEL P. DUNIGAN
NAME(S)OF SIGNER(S)
FaQ
- OR - 1$ proved to me on the basis of satisfactory evidence
to be the personMxwhose name(W ism
subscribed to the within instrument and ac-
knowledged to me that he0U&VW executed
the same in his/1W%MW authorized
capacity(), and that by his/ jZjR
signature(g).on the instrument the person(,
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITN SS my hand and official seal.
1
t` _ ' SIGNATURE F OTARY
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
1:1GENERA,L
Y, ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
FIDELITY AND DEPOSIT COMPANY OF MARYLAND SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President, and ERIC D.BARNES,Assistant Secretary,
in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date liffe cOs by nominate,constitute
and appoint William F.SIMKISS,Daniel P.DUNIGAN,Brian C.BL� p O JR.,Richard J.
DECKER and James L.HAHN,all of Paoli,Pennsylvania d ° orney-in-Fact,to
make, execute,seal and deliver, for,and on its beha D its and all bonds and
undertakings,and the execution of such in s ' r roc se presents,shall be as binding upon said
Company, as fully and amply,t �t t een duly executed and acknowledged by the
regularly elected of ny i i ore,Md.,in their own proper persons.
The said Assistant o `�t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- a C�any,and is now in force.
IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of March,
A.D.2005.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'gyp DEP ps�r
a
_ 0 0
By:
Eric D. Barnes Assistant Secretary William J. Mills [rice President
State of Maryland 1 SS:
City of Baltimore f
On this 9th day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding;instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Constance A. Dunn Nota7y Public
My Commission Expires: July 14,2007
POA-F '156-3293
FIDELITY AND DEPOSIT COMPANY
The OF MARYLAND
go.
ES
3910 KWICK ROAD, BALTimoR4 MID 21203
ConVanies Statement of Financial Condition
As Or: December 31.2006
ASSETS
Bonds......................................................---......................................................-----...........................$ 150,563,710
Stocks............................................................................................................................................... 39,367,826
Cash and Short Term Investments..............................-.................................................................... 38,939,878
Reinsurance.Recoverable................................................................................................................. 8,609,769
Other Accounts Receivable............................................-.---............................................................ 25,762,452
TOTAL ADItrtTED A.S.';[-.T'S Ts........................................................................................................$ 263,243,635
LIAB1:IJTIES,SURPLUS AND OTHER FUNDS
Reserve for Taxes and Expenses....................................................................................... ...........S 625,582
Ceded Reinsurance Premiums Payable............................................................................................ 32,539,536
Securities Lending Collateral Liability............................................................................................ 35,322,207
TOTALLiAlim[Es....................................................................................................................$ 68,487,375
Capital Stock,Paid Up......................................................... $ 5,000,000
Surplus................................................................................................................. 189,756,260
Surplus as regards Policyholders—...... ...................................................................................... 194,756;260
TOTAL.......................................................................................................................................$ 263,243,635
Securities carried at$33,209,461 in the:above statement are deposited as required by law.
Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of
December 31,2006 market quotations for all bonds and stocks owned,the Company's total admitted assets would be
$261,193,375 and surplus as regards policyholders$192,706,000.
1, DA`'ID A.BOWTRS, Corporate Secretary of the FIDE[,erY AND DEPOSIT COh.SPA*IY OF MARYLAMri,do hembv
certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31St
day of December,2006.
Corporate Secr+aary
State of Minios
City of Scbwmubwg SS:
Subwnl ed and swam to,befam me,a Notary Public of the State of nrtois,in hie City of Sc!aun6aM this 20th day of Muth,2007.
Notary Public
MARLO
NMIINN �s�
G
F
SARASYN
F NOTARY PUBLIC•STATE OF IU.NNIS
MY COMMMION ED'IRES:1125107
�;:rl�•
ACKNOWLEDGMENT
State of California
County of Contra Costa
On 2-28-08 _before me, Sarah Rust, Notary Public
(insert name and title of the officer)
personally appeared William A. Morrison, Jr.
who proved to me on the basis of satisfactory evidence to be the person�sfwhose nam%8)is4rc-
subscribed to the within instrument and acknowledged to me that he/&hefttey executed the same in
his/ emir authorized capacity(ies-), and that by his/herHiYeTr signature(.-on the instrument the
person;(8), or the entity upon behalf of which the person 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. SARAH RUST
5�K7omrnl3sion # 1745800
-: Notary Public -Colltornia
Contra Costa County
I <�� CcffmM 16.2011
Signatur Ire (Seal)
Feb. 28. 2008 11 .44PM,, LAND DEVELOPMENTAo, 36UU ,Y. 1
fiuu. [7. ZVV) L; SLI IYi I VLL IJIIV I IILIIV Ilic, nv. I J V L
�.,
Rao 2 0,0 5� 42 0 0
1 v'
�•_ State of California -�-�
i = Kevin Shelley
ENDORSED . FILED
i R,�o...• Secretary of State In the of es of the Sseretary of
of tht3.State of CaTifpmi�
FES 10 2005
I CERTIFICATE OF UMITE:D PARTNERSHIP KEVIN SHJ�L.EY
Secretary Of State
A$70.00 filing fee must aact)mpany this form.
IMPORTANT—Road instruC ons bafore completing this form. This Space For FUln2 use only
E? lTY NAME (Eno Ute no=v th ft waft%ImIlea PaclnersW or the abbrvAactog-L.P.-)
1. NAME OF Uk%TED PARTNERSHIP
Toll CA Vill,L.P.
PWNCIPAL.EXECUTIVE OFFICE ADDRESS (Do not abbretrate ire norm of the cAy. Item 2 cannot.be a P.O,ear..) _
2 STREETADORESS OITYAND S'rATE ZIP CODE
250 Gibraltar Road Horsham,PA 19444
COWY INFORIVIATION (Comolate Item 3 only if the Ifted paflnerstip was formed In C-d*rnia prior io July 1,1954 and hat®lathed ID be govemad
-by%ic Califom'ra Revised UrnAPA Fartrtemhip Act)
3. THE ORIGINAL LIMITED PARTNERSHIP CERTIRCATE WOZ RECORDED ON Wrni THE RECORDER
OF COUNTY. FILE OR RECORDAnoN Numash
AGENT FOR SERVICE of PROCESS (It the,agent Is an InaMduel,the agent mbar resile in Calftrttie and Dotp items 4 and 5 must be computed. If
tho apW is a corporation,the Agent must have on f(e wilts the OaRfomia Secretary of Shite a awfficate pursuant to Corroraliom Cede section 1508_atlti Iters
4 nvlst be wmpteteo(reeve Item 6.Wa
d. WAME OF AGENT FOR SERVICE OF PROCM
CT Corpordon System
i 5, tF AN INDIVIDUAL.ADDRESS OF AGENT FOR SERVICE OF PROCEW IN CALIFORNIA Ctrl STATE ZIP CODE^-
CA
._ CEM AL PAR-mERs (rzmrMe names ana,addresses of W of the general pOrVt m. Attachaarlwand pages,if nt�'sary.1 _
ea NAME ADDRESS CITY AND STATE ZIP CODE
Toll CA_GP Corp. 250 Gibraltar Road Horsham, PA 19044
6b. NAME ADDREW CITY AND STATE ZIP CODE
GENERAL PARTNER SIGNATORY REQU117=9I4TS
t. INDICATE THE rJUMEER OF GENERAL PARTNERS SIGIdArUR6S ACQUIRED FOR FILING CERTIFICATES OF AMENDMENT.RESTATWENT,q!RGER
DISSOLU IOX,CONTINUATION,CANCELLATION AND CONVERSION OR DOCUMENTS CONTADAINGA STATEMENT OF CONVERWON.
ADDITIONAL INFORMATION
B. ADDITIONAL INFORMATION SET FORTH ON INE ATTJn HED PASES,IF ANY.IS INCORPORATED HEREIN SY THS REFERENCE AHD MADE PART OF
THIS CERTIFICATE.
MCUTION
9. 1 DEC I AM PeRsDN WHD EXECuTED TNtS INSTRUMENT.WiICH EXECUTION IS NYACTAND OFED.
2/09!05
IGNATUR HORIZED DA. S1G[+IMTU;t OF AUTHORIZED PEiSOa _DAT"r
KenneEh arm. Senior fie Pr4=sident of Voll C A GP Corp.
TYPE OR FRt NAME AND TITLE OF AUTHORIZED PERSON TYPE OR FNNT NAMEAND TITM OF kUTNOT.LZED PERSON
RETURN TO (Ether the name and the addro21:of the person orrem to vhwm a copy of tnt flied docuomant should be reiwnad_) ,
10. NAME
FIRM W
ADDRESS
9 cb
CITY(STATBMP
LFA APPROVED EY SECRETARY OFSTATE
Feb, 28. 2008 11 :44PM LAND DEVELOPMENICNo. 3bUU r. J
Irv. IJJU I J
ASSISTANT SECRETARY'S CERTIFICATE
I, Kenneth J. Greenspan, Assistant Secretary of Toll CA GP Corp., a California
corporation(the "Corporation.', do hereby certify and confirm that;
1. The Corporation is the general partner ("General Partneri of Toll CA VIn, L.P.,
a California limited partnership (the "Partnership'), and as General Partner is
authorized to make decisions and act on behalf of the Partnership; and
2, The following officer is duly appointed to. the office next to his name and he is
hereby authorized, empowered and directed to execute and.deliver, on behalf of
the Corporation in its capacity as General Partner of the Partnership, any
agreement, application, bond or any other document with respect to the
applications for any and all pe=ts, zoning, subdivision approvals and
construction matters, upon such terms and conditions as he deems appropriate and
in the best interest of the Corporation and the Partnership:
William A.Morrison,Jr. 'bice President
3. This certificate remaiins in effect until a Notice or Certificate of Revocation is
issued:
IN WITNESS VrEIEREOF, I have hereunto set.my hand and affixed the seal of
the Corporation this 25th day of August, 2005.
01
Kenneth J. Greenspan
Assistant Secretary