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Home My WebLink AboutMINUTES - 05202008 - C.4 C Contr TO: BOARD OF SUPERVISORS ' CostaFROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR County DATE: May 20, 2008 SUBJECT: Accept completion of landscape improvements.for Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 04-08905, Alamo area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ 3'for Subdivision 04-08905 accepting completion of improvements for Subdivision Agreement (Right-of-Way Landscaping) for project being developed by Davidon Homes, Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The developer, Davidon Homes, 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. Continued on Attachment: SIGNATURE: G/ _.4tECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BO ON b eo APPROVED AS RECOMMENDED T'— OTHER VOTE OF SUPERVISORS I 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. LLJc G:\EngSvc\BO\2008\05-20\SD 04-08905 BO-45 DV(Landscaping)FORM.docx I^� Originator: Public Works(ES) ATTESTED: o Contact: Teri Rie(313-2363) Recording to be completed by COB JOHN CULLEN, Clerk of the Board of cc: Public Works-D.Spinale,Engineering Svc. Supervisors and County Administrator Davidon Homes 1600 S.Main Street#150 \ Walnut Creek,CA 94596 Attn:Steve Abbs Liberty Mutual Insurance Company By , De ty One Front Street,#1925 San Francisco,CA 94111 Atn:Kathleen Beck ' r .IJ IIII III III I III II II IIII I III VIII I III I II II I VIII�II CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder . Contra Costa County DOC— 2008-0128472_00 Board of Supervisors Monde Return to: Monday, JUN 09, 2008 14:36:10 Public Works Department FIRE $0.001 Engineering Services Division TL 1 Pd $0.00 Nbr-@@@4111681 Irc/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 20, 2008 by the following vote: AYES: GIOIA,UILKEMA,BONILLA,GLOVER,and PIEPHO NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2008/34 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 04-08905, Alamo area. (District III) These improvements are approximately located along Stone. Valley Road and Golden Grass Drive. The Public Works Director has notified this. Board that the Right-of-Way Landscaping improvements for Subdivision 04-08905, have been completed with the exception of minor deficiencies (Street Trees), for which a $32,000.00 Deficiency Bond #070004770 Dated January 25, 2007 shall be retained to insure the installation of the remaining street trees, as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Davidon Homes, heretofore approved by this Board; LL:jc G:\EngSvc\BO\2008\05-20\SD 04-08905 BO-45 DV(landscaping)FORM.docx Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB cc: Public Works-D.Spinale,Engineering Svc. Davidon Homes I hereby certify that this is a true and correct copy of an 1600 S.Main Street#150 action taken and entered on the minutes of the Board of Walnut Creek, 94596 Attn:Steve Abbs p Su ervisors on the date shown. Liberty Mutual Insurance Company One Front Street,# 1 ATTESTED: San Francisco,CA 941 94111 Atn:Kathleen Beck JOHN CULLEN, Cl6k of the Board of Supervisors and County Administrator t By. , Deputy RESOLUTION NO.2008/ T SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 04-08905, Alamo area. (District III) DATE: May 20, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of May 20, 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 March 6, 2007 Liberty Mutual Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $130,150.00, Bond No. 070004770 issued by the above surety be RETAINED for the six month lien guarantee period until November 20, 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 along Stone Valley Road and Golden Grass Drive are ACCEPTED AS COMPLETE. Upon Acceptance by the Board of Supervisors, the Homeowners Association, shall retain the landscape improvements for maintenance. BE IT FURTHER RESOLVED that there is no warranty and maintenance period required. The Public Works Director is AUTHORIZED to retain the $2,603.00 cash security for performance (Auditor's Deposit Permit No. 478346, dated February 15, 2007) and the deficiency Bond rider No. 070004770, dated January 25, 2007 for $32,000.00 until release by this Board. All deposit permits are on file with the Public Works Department. I i DUPLICATE ORIGINAL au i ,berV Interchange Corporate Center 450 Plymouth Road,Suite 400 Mutug. Plymouth Meeting, PA 19462-1644 Ph.(610)832-8240 INCREASE / DECREASE RIDER Rider to be attached to and forma part of Bond Number 070004770 dated the 25th day of January 20 07 , issued by Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as Surety(the"Surety"), on behalf of Davidon Homes as principal (the "Principal'), in favor of Contra Costa County as obligee (the"Obligee"). It is understood and agreed that the penal sum of the attached bond is hereby decreased (increased/decreased) from Two Hundred Fifty Seven Thousand Six Hundred Ninety Seven and 00/14x257,697.00 ) Dollars, to Thirty Two Thousand and 00/100s********************************************** ($ 32,000.00 ) Dollars. This change is effective the 1st day of May 20 08 The attached bond shall be subject to all of its terms, conditions and limitations except as herein modified. DATED as of this 1st day of May , 20 08 Davidon Homes 1 By: (Seal) Name: Title: LIBERTY MU AL INSURANCE CO ?ANY (Surety) B ��L— Seal) Att ney-n-Fact: Ka-thleeff Beck ACCEPTED: Con Costa unty By: Date: LMIC-3010 Rev. 03/04 THIS POWER OF ATTORNEY IS NOT vALID'UNLESS IT IS PRINTED ON RED BACKGROUND. 22001.15 This Power of Attorney limits the acts.of those named herein,and theyhave no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY::MUTUAL:.INSURANCE..COMPANY BOSTON,.MASSACHUSETTS. PO.WE.R OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty. Mutual Insurance: Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the"By-law.and Authorization.hereinafter set forth,does hereby:name,constitute and appoint JAMES.C.JENKINS,.MICHAEL.G HOGAN;KATHLEEN::BECK;BILLY:G:.BERGAN.;JANINE.L. FORD CROCKER,ALL OF THE CITY OF CONCORD STATE.OF:CALIFORNIA....... .............: • ••••••••• ••••• .::::..:....::...:.:............::.......:... .................... . . . . .... . ......:................. each individually if.there be morethan one.na..m.ed; its.tru6 and lawful attorney-jn4act.to make;ex cute;.seal;acknowledge and deliver;for and on its behalf as surety and as its, and deed;:an*y:'and.all:undertakings, bonds; recognizances and other'surety.obligations in.the penal sum not exceeding ( ". each,and the . FIFTY MILLION AND 00/100. :'.. :- :-:� DOLLARS:$:50;000;000:0 execution of.:such undertakings, bonds; recognizances and::other.surety obligations, in.pursuance-of these presents,::shall be as binding upon the Company as if they had-been duly signed by:the president and attested by the secretaryof the..Company:in their.own proper persons:' That this power is made and executed pursuantto.and by authority'.of.the following By-law.and Authoirzatiom. ARTICLE XIII-Execution of Contracts:.Section 5:Surety'Bonds and Undertakings: Any officer of the Company authorized.for.that ur ose in writin .b the.chairman or:the resident,.and subject.to such.limitations as the P. P. 9 Y president, 1 chairman:or the president may.prescribe,:shall.appoint such attorneys in-fact,as may necessary to act in behalf.of the Company to make, execute, seal; acknowledge and deliver as:surety any and all ,undertakings, bonds, recognizances and other surety obligations. Such 0 •= attorneys-in-fact, subject to the limitations set forth in their respective powers of-attorney;shall have full power to bind.the Company by their rn rn p: signature and execution of any:such instrurrients and to attach thereto the seal of the Company.:When so executed such instruments shall be C m: as binding as if signed by the president and attested by the secretary. y . .�e...y' By the following instrument the chairman or the president has authorized the officer or other official named.themin to appoint attorneys-in-fact: C.'(D .0 C :Pursuant.to Article XIII, Section.5 of the-.By-Laws, Garnet W. Elliott, Assistant.Secretary.of Liberty Mutual Insurance Company, is hereby L authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute, seal, acknowledge and C deliver as surety any and;all undertakings,bonds;recognizances and other surety obligations. L-.t71 07:4) : .. ,.. ..... .. ..That the By-law and the Authorization set forth above.are thereof a true copies thereoare.now n full aneffect. ill fd y W LE > IN WITNESS WHEREOF, this Power of Attorney has been'subscribed by an authorized officer or official of the Company.and the corporate seal of O:0. Liberty Mutual Insurance Company has been affiiced thereto in PI mouth Meetin Pennsylvania this 27th da of. August �" Y P. Y Y. 9, Y Y. Q M 2007 a . ov C N LIBERTY-MUTUAL INSURANCECOMPANY L 0 .0 d . d. +' � By(eCL E C C l Garnet W.Elliott,Assistant Secretary N o y-N COMMONWEALTH OF PENNSYLVANIA. .ss. +• C y COUNTY OF:MONTGOMERY p c L .. .. .. ..... .. t+.- On this 27th day of August. 2007','before me,a Notary.Public, personally came Garnet W. Elliott,to me known, and acknowledged d 0 C that he is an Assistant Secretary-of Liberty Mutual Insurance.Company; that he knows the seal of said corporation; and that he executed the above a m Power of Attorney and Affixed the.corporate seal of.Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation: �0 IN TESTIMONY'WHSF 22O ALhav g unto subscribed my name:and:affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year 04 _ 0 first above written. C C3MMdaNWEALTH OF'PFNN YLVA1NtA E N '.� .: 5a Z. �'. P:ptlrl31 =�A ;�Cl) p t3F.: TernsaF alo±a N&,wyPUV.c:.,.. By Qr2� �C�/ r OD 56 Z V FlSnath7cvp.;h4anlganiyGSt�y'.'... .q• , Ter sa Pastella,Notary Public.:. 0 r c a2ar .' My Caarmiaabn Ex�x ias Mannar, l nn;.. wninncsc dos ' .. 0.� CERTIFICATE I,the.undersigned,Assistan'Secretary.of.Liberty Mutual Insurance Company;:do hereby.certify that'the original power:ofattorney of which the.foregoing is a full,true and correct copy; is in full.force-and effect on the.date'of this;certificate; And.l do further certify that the officer or official who executed the said ower:of attorne is an Assistant Secreta s eciall authorized.by the chairman or::ilie. resident to-appoint'attorne sdn-fact as provided in Article P Y, ry P Y Py P. . XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company.. This certificate and the'above powerof attorney may be signed by facsimile or mechanically reproduced signatures- under and byauthority of the . following vote of the board of directors of.Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980... VOTED.that the facsimile or mechanically reproduced signature'of any assistant secretary of the.company, wherever appearing'upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force.and effect.as though manually'affixed: IN TESTIMONY WHEREOF,I have.hereunto subscribed my.name and affixed the corporate seat of the said company,this. 1st day of • y / Davitl M:Carey,Assigt9fit Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Contra Costa On May 1, 2008 , before me, Pam A. Heskett,Notary Public personally appeared Kathleen Beck 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 his/her/their authorized PAM A.HESKEn' capacity(ies)and that by his/her/their signature(s)on the '- Commission#1578945 instrument the person(s)or the entity upon behalf of which Notary Public-California Contra Costa county the person(s)acted, executed the instrument. My Comm.ExplresMay15,2009 I certify under.PENALTY OF PERJURY under the laws of the State of California that the following paragraph is true and correct WITNESS my hand and official seal. Signature of Notary Public =---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: Davidon Homes Bond No. 070004770 rider to reduce bond amount to $32,000 Document Date 05/01/2008 Number of Pages: I Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Title(s): ❑ Individual ❑ Partner-E]Limited ❑General ❑ Corporate Officer ❑ Attorney-in-Fact Title(s): ❑ Trustee 'RIGHT;MLJNIBRINT ❑ ❑ Partner- L ❑ imited General . E] Guardian or Conservator ® Attorney-In-Fact ❑ Other: Top ofThumb here ❑ Trustee ? RIGHT,THUMBRMU;: ❑ Guardian or Conservator ': ❑ Other: TopotThumbHere Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ❑ Individual ❑ Corporate Officer ................ .. .. _.... .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT fcMti �rsr State of California County of—Contra Costa on May 2, 2008 before me, Alberta F. Martling, Notary .Public Date, Here Insert Name and Title of the Officer personally appeared Dennis J. Razzari Names)of Signer(s) who;proved to me on the basis of satisfactory evidence to be the person(i) whose name(,) is/are subscribed to the within instrument and acknowledged to me that he/ohcA4@y executed the same in his/hor,414eW authorized capacity4os), and that by his/4wA.h& signature(o on the instrument the person($), or the entity upon behalf of which the person($) acted, executed the instrument. . ALBERTA F.MARTLING Q Commission#1517159 1 certify under PENALTY OF PERJURY under the laws -� Notary Public-California of the State of.California that the foregoing paragraph is . Contra Costa County true and correct. My Comm.Expires Oct 29,2W8 i WITNESS my,hand and official seal. . Signature Place Notary Seal Above i Signature of Notary Public 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: Davidon Homes Bond No. .070004770 Rider to reduce bond Document Date: May 1, 2008_ _ _Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) DennisJ. Razzari Signer's Name: _....._ Signer's Name: Fj Individual ri Individual X Corporate Officer—Title(s): Vice President F_{ Corporate Officer—Title(s): l.� Partner—J Limited C; General Partner—I:J Limited J General -.! Attorney in Fact 1 .I Attorney in Fact - lco of thurrtb heroTop of thumb here -I Trustee 1-1 Trustee 1 Guardian or Conservator F) Guardian or Conservator C: Other: 17 Other: Signer Is Representing: Signer Is Representing: Davidon Homes 02007 National Notary Association•9350 De Soto Ave..P.O.Box 2.102•Chatsworth.CA 91313-2.102-www.NationalNotary.org'Item k5907 Reorder:Call Toll-Free 1-800-876-6827 r