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Home My WebLink AboutMINUTES - 03182008 - C.9 TO: BOARD OF SUPERVISORS '`•'`- �—�--'�' Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR , �1oir Y z Costa � .. _=•_._.: . 404 DATE: March 18, 2008 ° County srg-couKr� SUBJECT: Accept completion of improvements for Windemere Parkway Bridge, Road Acceptance 04- 01171 (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/ F 5 for Road Acceptance 04-01171 (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. Continued on Attachment: ✓ SIGNATURE:_ZA ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PROVE THER SIGNATURE (S): ACTION OF BO ON a APPROVED AS RECOMMENDED X OTHER VOTE OF SUP SOBS I hereby certify that this is a true and correct 4- UNANIMOUS(ABSENT �T. ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT:ABSTAIN: date shown. BB:uz G:\EngSvc\BO\2008\03-11\BO-45 DV(RA)RA 04-1171.doc Originator: Public Works(ES)Contact ��i� Recording Teri Ric completed ATTESTED: o$ Recording to be completed by Clerk of the Board I.D.94-3291516 JOHN CULLEN, Clerk of the Board of cc: Public Works Construction Div. Supervisors and County Administrator P.Tehaney,M&T Lab 1.Bergeron,Mapping Div. B.Balangan,Engineering Svc. T-January 18,2009 Sheriff-Patrol Div.Commander By , eputy CHP,c/o Al 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 San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 Illi III III I III II IIII 1111 II III I(IIII I IIII I IIII I III CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR�Ierk-Recorder Contra Costa County DOC— 200 -0059265-00 Board of Supervisors Return to: Wednesday, MAR 19, 2008 13:45:14 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-00@402952@ rrc/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 RESOLUTION NO. 2008/ SUBJECT: Accepting completion of improvements for Windemere Parkway Bridge, Road Acceptance 04-01171 (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 04-01171 (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\2008\03-11\BO-45 DV(RA)RA.04-1171.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 n 1.Bergeron,Mapping Div. ATTESTED: O:3- f B.Balangan,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and T-January 18,2009 Sheriff-Patrol Div.Commander County Adminis CHP,c/o Al V CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 By , Deputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 RIESOLUTION NO.2008/ (� SUBJECT: Accepting completion of improvements for Windemere Parkway Bridge, Road Acceptance 04-01171 (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 December 13, 2005 Arch Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $2,659,500.00, Bond No. SU 5015813 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 the Bridge improvements are ACCEPTED as COMPLETE; Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept Windemere Parkway Bridge crossing Tassajara Creek 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 $53,200.00 cash deposit (Auditor's Deposit Permit No. 451038, dated September 12, 2005) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $789,900.00, Bond No. SU 5015813 dated February 13, 2008 issued by Arch 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. 0,4 �c RIDER To be attached to and form part 0- Bond Bond Number SU5015813 dated 7/19/2005 issued by the ARCH INSURANCE COMPANY in the amount of $5,265,800.00 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: $5,265,800.00 TO: $789,900.00 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 13th day of February, 2008. Signed, Sealed &Dated this 15th day of February, 2008. See Attached Signature Block (Principal) By: ARCH INSURANCE COMPANY (Surety) 1 By' ( — Jeri Apodac—a–,- 't6rney-In Fact Bond No. SU5015813 Phase 5, RA 04-01171 (X-ref SD 05-08957) aka Tassajara Bridge @ Windemere Pkwy. 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: Brian G. Olin, Vice-President n By: David Geist, Authorized Agent ............ ........ .. ............................ .... .. .............. ........................................... .................................................................................................... ............................................... CALIFORNIA ALL-PURPOSE CERT-1VICATE OF ACKNOWLEDGMENT State of California County of Orange On 2/15/08 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(R)whose name(x)is/w subscribed to the within instrument and d acknowledged to me that lve/she/gW executed the same in bis/her/*aix authorized capaclty(�W, and that by W/her/jix,r 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 Commission # 1778�,IAI Notary Public-California z WITNESS my hand and official seal. Z Orange County MY COMM.Exp res Nov 6,2011 (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 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 carefullyfor proper notarial wording and attach this form ifrequired. • 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 BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. " L1 Individual(s) rte/she/they;-rte/she/they;-is/are)or circling the correct forms.Failure to correctly indicate,this information may lead to rejection of document recording. El Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seat impression smudges,re-seal if a (Title) 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. 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. 0 Other Indicate title or type of attached document,number of pages and date. -o 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 ............. .. . .. ............................................................................................................................................................ . ...�7........................................................... ............... CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA l )S County of CONTRA COSTA ss. On February 19, 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 he/she/they executed the same in #+slherl heir authorized capacity(ies), and that by fii�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 # 1715843 -� Notary Public -California WITNESS my hand and official seal. Contra Costa County .,L Comm .Icn 19 9011 (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: CCC Bond Rider#SU5015813 RA 0401171 (X-ref Sub 05-08957) Windemere aka Tassajara Bridge @ Windemere Pkwy(Civil Improvements) Document Date: 2/15/08 (Bond Signed) 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 ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel, Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelle Rheault,and Linda Enright of Irvine,CA(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City.M�jsspi,:;_:.,.<. .. ,., This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. Feb-12-09 10:50am From-LENNAR COMMUNITIES 9252420822 T-717 P.O1/01 F-906 JY W 61:21 Bollinger Canyon Road #500. San Ramon, CA 94583' February 12, 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 CivilEngineer SUBJECT:, Request for Reduction in Performance Bond Dear Teri: Asper your requests please authorize a Bond Reduction,the approved CCCPW Inspection Status Report Will follow. We are also working on.the Turnover Dodume`nts:to submit to Public Works_ .Please acknowledge;below. ThanK you. Cathy Taylor Lennar- Bay Area Land `Project aka Community NamL-: Windemere, San Ramon Subdivision Number: RA 04-01171 (X-ref SD 05-08957) aka Tassaiara Bridge Cad Windemere Pkwv Date of Bond:, July 19, 2005 [—�..,., n Original Bond Number: SU5015813 Original Performance Bond Amount: 15,265,800.00 Rider Amount: $789,900.00 ii 5410 of Original.Performance bond arnounE) BOS approved Agreement Reso.No.: 2005/772 Authorization: �VAI\j /2,11 Teri Rie,Assoc' " nigineer Date Engineering Sere s Division, CCC-PW (925)313,2363