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HomeMy WebLinkAboutMINUTES - 03182008 - C.6 = �-L ° TO: BOARD Or SUPERVISORS :`_ `�--�'�' Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR v ` Costa DATE: March 18, 2008 County erA-co"vri+I SUBJECT: Accept completion of improvements for Bollinger Canyon Road (South), Road Acceptance 00- 01094 (cross-reference Subdivision 95-07976), 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 00-01094 (cross-reference Subdivision 95-07976), 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 improvements will not be accepted. Continued on Attachment: ✓ SIGNATURE: vIFECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S):a6dizli� ACTION OF BPISI(ORS ON a APPROVED AS RECOMMENDED_ < OTHER PEVOTE OF SUI hereby certify that this is a true and correct UNANIMOUS(ABSENT _) 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 00-1094.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) o Recording to be completed by Clerk of the Board ATTESTED: © p I.D.94-3291516 cc: Public WorksConstruction Div. JOHN CULLEN, Clerk of fhe Board of -P.Tehaney,M&T Lab -1.Bergeron,Mapping Div. Supervisors and County Administrator -B.Balangan,Engineering Svc. Sheriff patrol Div.Commander CHP,Go Al CSAA—Canog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC By , e uty 6121 Bollinger Canyon Road San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 777 San Marin Drive Novato,CA 94998 Attn:Brenda S.Dickson CONTRA COSTA Co Recorder Office STEPHEN L. WEIR, Clerk-Recorder Recorded at the request or: DOC_ 200g_0077933'-00 Contra Costa County Board of Supervisors Thursday, APR 10, 2008 15:13:27 Return to: FRE $0.00 Public Works Department Tt 1 Pd $0.00 Nbr-0004051977 Engineering Services Division lrc/R9/1-8 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 for Bollinger Canyon Road (South), Road Acceptance 00-01094 (cross-reference Subdivision 95-07976), San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 00-01094 (cross-reference Subdivision 95-07976) 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\2008\03-11\BO-45 DV(RA)RA.00-1094.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 j -1.Bergeron,Mapping Div. ATTESTED: 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 By , Deputy 6121 Bollinger Canyon Road San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 777 San Marin Drive Novato,CA 94998 Attn:Brenda S.Dickson RESOLUTION NO.2008/ 1 SUBJECT: Accepting completion of improvements for Bollinger Canyon Road (South), Road Acceptance 00-01094 (cross-reference Subdivision 95-07976), 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 12, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $1,421,500.00, Bond No. 1113359937 , e(W3,y-th-c Bove surety be RETAINED for the six month lien guarantee period unti at hick time the Clerk of the Board is AUTHQRIZED to release the ount of any claims on file. BEIT- ATHER RESOLVED that Bollinger Canyon Road (South) is ACCEPTED AS UOMPLETE; the right-of-way was conveyed by separate instruments: Instrument Date Recording Series Offer of Dedication-Road Purposes February 11, 2003 DOC-2003-0067345-00 Offer of Dedication-Drainage Purposes February 11, 2003 DOC-2003-0067346-00 Offer of Dedication-Slope Easement February 11, 2003 DOC-2003-0067347-00 Offer of Dedication-Drainage Purposes February 11, 2003 DOC-2003-0067348-00 Offer of Dedication-Road Purposes February 11, 2003 DOC-2003-0067350-00 Offer of Dedication-Slope Easement February 11, 2003 DOC-2003-0067351-00 Offer of Dedication-Road Purposes September 14, 2004 DOC-2004-0358012-00 Offer of Dedication-Road Purposes August 15, 2006 DOC-2006-0259829-00 Also, dedicated for public use on final may of Subdivision 95-07976 filed November 16, 2001, in book 436 of Maps at page 29, Official Records of Contra Costa County. Upon Acceptance by the Board of Supervisors, the San Ramon City Council shall accept the road improvements 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 hereby established, and the $28,400.00 cash deposit (Auditor's Deposit Permit No. 380515, dated January 23, 2002) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $422,200.00, Bond No. 11133599370 dated October 18, 2008issued by The American 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. DECREASE R I D E R To be attached to and form part of- Bond £Bond Number 11133599370 Dated 12/18/2001 Issued by the THE AMERICAN INSURANCE COMPANY In the amount of $2,814,600.00 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 bond amount shall be amended: FROM: Two Million Eight Hundred Fourteen Thousand Six Hundred and No/100 ($2,814.600.00) TO: Four Hundred Twenty Two Thousand Two Hundred and No/100 ($422,200.00) 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 18th day of October, 2006. Signed, Sealed &Dated this 27th day of October, 2006. WINDEMERE BLC LAND COMPANY, LLC By: See attached signature block Principal THE AMERICAN INSURANCE COMPANY Surety By. Arm M. Bento Attorney-in-Fact Bond No. 11133599370 Decrease Bond Rider for RA 1094 (X-ref SD 7976) Road Improvement Agreement WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEM:ERE, LLC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, its Managing Member By: �'Gv Brian G. Olin,Vice-President By: Erik S. Brown, Asst. Secretary ACKNOWLEDGEMENT State of California County of Marin } ss. On October 27, 2006, before me, Brenda J. Dickson, personally appeared Ann M. Bento, personally known to me (or 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 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE V �4 (seal) Brenda J. D kson J BRENDA J.DICKSON D ^ 1 COMM.#1596033 IJOTARY PUBLIC—CALIFORNIAMARIN COUNTY 0 ��T---��— 14 Comm.Expires August 17,2009 CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California / Countyof lA C4 ss. On [�Alpw�, �0� _before me, kuj�___f k _ Notary Public, personally appeared i i personally known to me ❑proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)49/are subscribed to the within instrument and acknowledged to me that he/�/they executed the same in his�their authorized capacity(ies),and that by higAwx/their RMmELLEN 01SHC)P signature(s)on the instrument the person(s), COMMMm 11670361 or the entity upon behalf of which the wary P� "C°INforMa — person(s)acted, executed the instrument. Comm C000 .Co,2 266 �Cwt, May ,201 WI SS my h nd and official seal. 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): Top of thumb here ❑ Partner- Limited General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION,.a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation, (herein collectively called"the Companies")does each hereby appoint Ann M. Bento of Novato , CA their true and lawful Attomey(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent,on the 19th day of March, 1995, and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, - and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 12th day of April 20016 rye �;;'aa � +`.h s > E;Mc � � ,y FIREMAN'S FUND INSURANCE COMPANY 6 5i,-' i} ' r < t, ; �'' y, 1 NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY II z :8E.C. ASSOCIATED INDEMNITY CORPORATION AMERICAN 4UTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA l By } gg, Vice-President COUNTY OF MARIN )) On this 12th day of April '2006 before me personally came Janet S. K1 oenhamer to me known,who,being by me duly swom,did depose and say: that he is a Vice-President of each company,described in and which executed the above instrument; that he knows the seals of the said Companies; that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I ha v hecial seal, the day and year herein first above written. lCommission aft,5 tbtory PuDNc-CaWorrMo � _/) � mom COI Notary Pubfi b1ycam. STATE OF CALIFORNIA ss. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each comp y,and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force. i Signed and sealed at the County of Marin. Dated the day of 7Y �,r^"'i'"e"l,'My4a �'ya-a"""t.,, Y;FMCR; o '�-► '' y {f + AMAk - ent Assistant Secre ✓' if 360791-11-98 /�