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Home My WebLink AboutMINUTES - 04222008 - C.16 s ` TO: BOARD OF SUPERVISORS '`•'�_,-''��' Contra FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR ;7 Costa DATE: April 22, 2008 County p COUI'j�� G v SUBJECT: Accept completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 04-01162 (cross-reference Subdivision 99-08331), Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 20081-2-1C for Road Acceptance 04-01162 (cross-reference Subdivision 99-08331), accepting completion of improvements for Subdivision Agreement (Right-of-Way Landscaping), for project being developed by Danville Tassajara Partners, LLC, Danville area. (District'III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Danville Tassajara Partners, LLC, has completed the landscape improvements per the Subdivision Agreement (Right of Way Landscaping), 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 maintenance/warranty period will not begin. Continued on Attachment: ✓SIGNATURE: 01'16- Ax4 ECOMI'VIENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE .APPROVE THER r SIGNA'T'URES : -S'� ACTION OF BO,<Rq ON APPROVED AS.RECOMMENDED OTHER VOTE OF SUPE SOBS I hereby certify that this is a true and correct -� UNANIMOUS(ABSENT ) copy of an action taken and entered on the AYES: NOES: ABSENT: ABSTAIN: minutes of the Board of Supervisors on the Ds:vz date shown. (3:'',EngSvc\BO',2008'',.04-22'%BO-45 DV(Landscaping)RA 04-1162.docx Originator: Public Works(Es) Contact: Tett Ric(313-2363) . Recording to be completed by COR 1.D.20-136 1 254 ec: Public Works -Contraction Div. ATTESTED: nLf2 Z A b -P.Tehaney,M&T Lab -1.Bergeron.Mapping Div. JOHN CULLEN, lerk of the Board of -Special Disnicts D.Spinale•Engineering Svc. Supervisors and County Administrator -T. February 22,2009 Sheriff-Patrol Div.Commander CHP,c/o Al CSAR--Cartog Danville Tassajara Partners,LLC 6121 Bollinger Canyon Road-Suite 500 B San Rano,CA 94583 Attn:Brian Olin The Continental Insurance Company 2600 Lucien Way,Suite 100 Maitland,FL 32751 Attn:Jane Kepner ' SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 04-01162 (cross-reference Subdivision 99-08331), Danville area. (District III)) DATE: April 22, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of April 22, 2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF SURETY August 9, 2005 The Continental Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $79,550.00, Bond No. 929367267 issued by the above surety be RETAINED for the six month lien guarantee period until October 22, 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 Right-of-Way Landscaping improvements on Camino Tassajara and Monterosso Street are ACCEPTED AS COMPLETE. Upon Acceptance by the Board of Supervisors, the developer Danville Tassajara Partners, Inc., LLC, shall retain . the landscape improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the be! inning of the warranty and maintenance period is hereby established, and the $1,600.00 cash deposit (Auditor's Deposit Permit No. 446032, dated June 13, 2005) made by Danville Tassajara Partners, LLC, and the performance/maintenance surety bond rider for $23,650.00,Bond No. 929367267 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. ' IIII III III I III II IIII I IIII II I II IIIII I IIII I III II III ! CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L; WEIR, Clerk-Recorder Contra Costa County D Board of Supervisors OC_ 2008_0094157-00 Return to: Tuesday, APR 29, 2008 14:58:56 Public Works Department FRE $0.0011 Engineering Services Division Tt 1 Pd $0.00 Nbr-0004070919 lrc/R911-9 ; THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 22, 2008 by the following vote: AYES: Ctl o I A, (/l I KIE.M 7k. p 1 f'I o, Iv 1 L -A � 64 EP� NOES: ABSENT: ABSTAIN: RESOLUTION NO. 2008/0q 7S' SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 04-01162 (cross-reference Subdivision 99-08331), Danville area. (District III) These improvements are approximately located near Camino Tassajara and Monterosso Street. The Public Works Director has notified this Board that the Right-of Way Landscaping improvements for Road Acceptance 04-01162 (cross-reference Subdivision 99-08331),have been completed as provided in the Subdivision Agreelnent.(Right-of-Way Landscaping) with Danville Tassajara Partners, LLC, heretofore approved by this Board; DS:vz O:\EngSvc\BO\2008\04-22\BO-45 Dv(Landscaping)RA 04-1 I62.doex Originator: Public Works(ES) Contact: Keri Ric(313-2363) Recording to be completed by COB I.D.20-1461254 cc: Public Works Construction Div. I hereby certify that this is a true and correct copy of an 11.Tchaney,M&T Lab action taken and entered on the minutes of the Board of 1.Bergeron,Mapping Div. Special Districts Supervisors on the date shown. D.Spinalc,Engineering Svc. -T.—February 22,2009 ATTESTED:_ 22 0 Sheriff-Patrol Div.Commander CLIP,c/o Al JOHN CULLEN, Clerk of the Board of Supervisors and C.'SAA—Cartog Danville Tassajara Partners,LLC: County Adminls or . 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94533 Attn:Brian Olin The Continental Insurance Company By , Deputy 2600 Lucien Way,Suite 100 Maitland,rL 32751 Attn:Jane Kepner RESOLUTION NO.2008/ D7 RIDER To be attached.to and form part of: Bond Number 929367267 dated 5/23/2005 issued by the THE CONTINENTAL INSURANCE COMPANY in the amount of S157,500.00 on behalf of DANVILLE TASSAJARA PARTNERS, L.L.C. (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: $157,500,00 TO: $23,650.00 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 10th day of March, 2008. Signed, Sealed &Dated this 12th day of March, 2008. See Attached Signature Block (Principal) By: THE CONTINENTAL INSURANCE COMPANY (Surety) By: r, `-J-e`ri Apo aea,7Mtorney- n-Fact Bond Rider No. 929367267 RA 04-01162 (X-ref SD 99-08331) Camino Tassajara ROW Landscaping DANVILLE TASSAJARA PARTNERS, LLC, a Delaware limited liability company By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation Its Managing Member By: G�_ Printed Name: Brian G. Olin Its: Vice-President :. :-::::.::.:.: .:::::::::.: ....h:...............: . CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT i State of California County of Orange On 3/12/08 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(5t) whose name(a)is/w subscribed to the within instrument and acknowledged to me that lxa/she/iil3C executed the same in his/her/theix authorized capacity0w), and that by W/her/tom 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 myj&md and official seal. Commisslon # 1776641 "e Notary Public - , California u011 Orange County (Notary Seal) Mycornm.E>q�ires Navb,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 in 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 corefullyjor 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 CLARMED BY TIS SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. L1 Individual(5) he/she/the},-is/are)'or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate 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 pttmits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of ❑ Partner(s) the county clerk. ® Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ OtheI 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.CFO,CFO,Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA } County of CONTRA COSTA ss. On March 19, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared Brian G. Olin, who proved to me on the basis of satisfactory evidence to be the personFs) whose names) is/are subscribed to the within instrument and acknowledged to me that he, executed the same in his eir authorized capacity0e,&), and that by hislher4theif signature(o on the instrument the person(&), or the entity upon behalf of which the person to 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 Commbtbn 11715143 E Notary hd)dc-Calitonmia WITNESS my hand and official seal. Contra Costo CouM�r _ Camin t 11 ,�� K._._... �i 1. �ti/-G`. (Signature of Notary Pu61ic) ( 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: Contra Costa County Bond Rider#929367267, Danville Tassajara Partners, Intervening Properties, RA 04-01162 Subdivision Agreement(Right-Of-Way Landscaping)aka Camino Tassajara Frontage Landscaping Document Date: March 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: Brian G. Olin ❑ Individual "thumb Corporate Officer—Title.(s): Vice-President ❑ 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 C'o� 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. •��ijjgV The Continental Insurance Company w • IC• � ti• 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. j 'OFFICIAL SEAL' MARIA K MEOW . i My Camna•i•n Ewiw 311 sms : L�•i�// My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE I,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 March 2008 • jpjg•• The Continental Insurance Company •z 0 0: Mary A. Rikaj@kis Assistant Secretary Form F6850-11/2001