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Home My WebLink AboutMINUTES - 04152008 - C.4 0 5 ` Contra TO: BOARD OF SUPERVISORS ., == FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: April 15, 2008 County °>d ctiuK SUBJECT: Accept completion of improvements for Piccadilly Square Park, Park Acceptance 05-00032 (cross-reference Subdivision 03-08508), San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ZS(. for Park Acceptance 05-00032 (cross-reference Subdivision 03-08508), accepting completion of improvements for Piccadilly Square Park, 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 park improvements per the Subdivision (Right-of-Way .Landscaping) 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�he warranty eriod will not begin. Continued on Attachment: SIGNATURE: v � ECOMMENDATION OF COUNTY ADMINISTRATOR _�RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER SIGNATURE (S) ACTION OF BO ON APPROVED AS RECOMMENDED OTHER 40 L VOTE OF SUP iSORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT 1 AYES: NOES; copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the TR:vz G:\EngSvc\BO\2008\04-15\130-45 DV(PA)PA 05-0032.docx date shown. Originator:Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.94-3291516 docc: Public Works Construction Div. ATTESTED: O P.Tchancy,M&T Lab JOHN CULLEN C erk T.-February 15,2009 of the Board of 1.Bergeron,Mapping Div. D.Spinale,Engineering Svc. Supervisors and County Administrator - Sheriff-Patrol Div.Commander .� CHP,c/o Al CSAA-Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By , eputy Windemere BLC Land Company,LI.0 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Arch Insurance Company 135 N.Los Robles Avenue,Suite 875 Pasadena,CA 91101 Attn:Rosa E.Rivas CONTRA COSTA Co Recorder Office Recorded at the request STEPHEN L. WEIR, Clerk-Recorder Contra Costa County DOC— 2008-0086716-00 Board of Supervisors Return to: Monday, APR 21, 2008 14:38:55 Public Works Department FRE $0.00 Engineering Services Division Tt l Pd $0.00 Nbr-0004062261 lrc/R9/1-18 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2008 by the following vote: AYES: Gioia,Uilkema,Piepho,Bonilla&Glover NOES: none ABSENT: none ABSTAIN: none J RESOLUTION NO. 2008/ZSG SUBJECT: Accepting completion of improvements for Piccadilly Square Park, Park Acceptance 05-00032 (cross-reference Subdivision 03-08508), San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Ivy Hill Way and Piccadilly Circle. The Public Works Director has notified this Board that the improvements for Park Acceptance 05-00032 (cross-reference Subdivision 03-08508) have been completed as provided in the Subdivision (Right-of-Way Landscaping) Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board; .1'R:vz G:\EngSvc\BO\2008\04-15\BO-45 DV(PA)PA 05-0032.docx 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 COB I.D.94-3291516 Supervisors on the date shown. cc: Public Works Construction Div. I. Tegeron,Map lab ATTESTED: - I.Bergeron,Mapping Div. D.Spinale,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and T.—February 15,2009 p Sheriff-Patrol Div.Commander County Administrator CHP,c/o AI ` 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 Arch Insurance Company 135 N.Los Robles Avenue,Suite 875 Pasadena,CA 91101 Attn:Rosa E.Rivas RESOLUTION NO.2008/ 2 cIrg SUBJECT: Accepting completion of improvements for Piccadilly Square Park, Park Acceptance 05-00032 (cross-reference Subdivision 03-08508), San Ramon (Dougherty Valley) area. (District III) DATE: April 15, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 15, 2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision(Right-of-Way Landscaping) Agreement: DATE OF AGREEMENT NAME OF SURETY May 8, 2007 Arch Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $658,700.00, Bond No. SU 5021887 issued by the above surety be RETAINED for the six month lien guarantee period until October 15, 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 Piccadilly Square Park, the hereinafter described park, as shown and dedicated for public use on the Final Map of Subdivision 03-08508, filed August 21, 2006, in Book 493 of final maps at Page 43, Lot 7, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Park Name APN Number Area (acres) Piccadilly Square Park 223-010-023 4.14 Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the Piccadilly Square Park 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 $13,200.00 cash deposit (Auditor's Deposit Permit No. 481255, dated April 9, 2007) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $195,630.00, Bond No. SU 5021887 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. RIDER To be attached to and form part of. Bond Number SU5021887 dated 3/28/2007 issued by the ARCH INSURANCE COMPANY in the amount of $1,304,200.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore, it is agreed that iri consideration of the premium charged, the attached bond shall be amended as follows: The Performance Bond amount shall be amended: FROM: $1,304,200.00 TO: $195,630.00 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 31st day of March, 2008. Signed, Sealed & Dated this 31st day of March, 2008. See Attached Signature Block (Principal) By: Arch Insurance Company (Surety) By: Jeri Apodaca, Atto ey-In-Fact Bond Rider No. SU5021887 Phase 2, PA 05-00032 (X-ref SD 05-00032) aka Piccadilly Park Subdivision Agreement (Right-of-Way Landscaping) 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 David Geist, Authorized Agent ............ . .................................... ............. .......... ... .... ...... . ....... ............... ..................................................................................................................................................................................................................................................................... ................... CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1% State of California County of Orange On 3/31/08 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(sk)whose name(;)is/w subscribed to the within instrument and acknowledged to me that Ire/she/*ay executed the same in bis/her/theix authorized capacity0o, and that by bWher/%ejr.signature(s) on the instrument the person(g), 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 # 1778641 WITNESS my hand and official seal. Notary Public -California Z Orange County My Comm.Expires Nov 6,2011 (Notary 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 farm 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 some 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/she/they—is/are)or circling the correct forms.Failure to correctly indicate this 0 Individual(s) information may lead to rejection of document recording. El Comorate 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 (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. [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. [3 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 .................... ..... ..�0..... ........ ..... —.......M_. ...... ..........................................................................................................................:*........................................................................................................................... ................................................ ................................. CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA } County of CONTRA COSTA ss. On April 1, 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) mare subscribed to the within instrument and acknowledged to me that heishe/they executed the same in his/her-their authorized capacity(ies), and that by h;�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. CATHERMtE M. TAILOR Commisdon # 171 tilI3 y Notary Pubft-Ccmfomla WITNESS my hand and official seal. Contra Costa County r 12.3011 (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: Decrease Bond Rider#SU5021887, Contra Costa County, Windemere, Phase 3, PA05-00032(X-ref SD 03-08508) aka Piccadilly.Square Park Document Date: March 31, 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 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 Attorneys)-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 ofauthority 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.,MjsspEin;;:t.;.. 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, bondsand 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 Attomey 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.