Loading...
HomeMy WebLinkAboutMINUTES - 06172008 - C.10 SE_.L TO: BOARD OF SUPERVISORS �ct _-���L��;o,�' Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: June 17, 2008 srq-coiin't'I County SUBJECT: Accept completion of improvements for Windemere Phase IV Trails/Access Roads, Road Acceptance 04-01166 (cross-reference Subdivision 03-08509), for project being developed by Windemere BLC Land Company,LLC, 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 04-01166 (cross-reference Subdivision 03-08509), 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 trail 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: L,'� SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR OMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURES : r ACTION OF BOARb ON /,7 APPROVED AS RECOMMENDED O ER VOTE OF SUPE ISORS UNANIMOUS(ABSENT jW ) AYES: NOES: ABSENT: ABSTAIN: DSJc G:\EngSvc\BO\2008\06-10\RA 04-01166 BO-45 DV(RA)FORM.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 Clerk of the Board cc: Public Works Construction Div. Supervisors on the date Shown. -P.Tehaney,M&T Lab -I.Bergeron,Mapping Div. D.Spinale,Engineering Svc. ATTESTED: ©�p Cit Chris Low,City of San Ramon I O Q CSAA—caJOHN CULLEN�ofthe board of Supervisors and 2222 Camino Ramon San Ramon,CA 94583 County Administrator Windemere BLC Land Company,LLC. 6121 Bollinger Canyon Rd„Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland By , Deputy 801 North Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Patricia H.Brebner f ` A / IIII III III I III II II IIII II II II IIII III I IIII I III II III 1 CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder Board of Supervisors Contra Costa County DOC— 2008-0139314-00 Return to: Public Works Department Friday, JUN 20, 2008 15:31:27 Engineering Services Division FRE $0.00 Tt 1 Pd $0.00 Nbr-0004124817 Irc/R9/1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 17, 2008 by the following vote: AYES: GIOIA, UILKEMA,PIEPHO,BONILLA&GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE J RESOLUTION NO. 2008/ 39a SUBJECT: Accepting completion of improvements for Windemere Phase IV Trails/Access Roads, Road Acceptance 04-01166 (cross-reference Subdivision 03-08509), for project being developed by Windemere BLC'Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for Road Acceptance 04-01166 (cross-reference Subdivision 03-08509) have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board; DS;jc G:\EngSvc\BO\2008\06-10\RA 04-01166 BO-45 DV(RA)FORM.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 Clerk of the Board cc: Public Works -Construction Div. Supervisors on the date shown. -P.Tehaney,M&T Lab -1.Bergeron,Mapping Div. n -D.Spinale,Engineering Svc. ATTESTED: d( I CSAR-Cartog JOHN CULLEN, Cler of the Board of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 County Administrator Windemere BLC Land Company,LLC. 6121 Bollinger Canyon Rd.,Suite 500 San Ramon,CA 94583 Attn:Brian Olin BY , Deputy Fidelity and Deposit Company of Maryland 801 North Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Patricia H.Brebner RESOLUTION NO.2008/ 9r SUBJECT: Accepting completion of improvements for Windemere Phase IV Trails/Access Roads, Road Acceptance 04-01166 (cross-reference Subdivision 03-08509), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: June 17, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 10, 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 July 26, 2008. Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for $259,000.00, Bond No. 08745344 issued by the above surety be RETAINED for the six month lien guarantee period until December 10, 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 Windemere Phase IV Trails/Access Roads for the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 03-08509 filed September 28, 2004, in Book 468 of final maps at Page 1-24, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETED. Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the Windemere Phase IV Trails/Access Roads 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 $5,200.00 cash deposit (Auditor's Deposit Permit No. 438588, dated January 31, 2005) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $76,920.00, Bond No. 08745344 issued by Fidelity and Deposit Company of Maryland 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. o RIDER To be attached to and form part of Bond Number 08745344 dated 1/14/2005 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND in the amount of $512,800.00 on behalf of WINDEMERE BLC LAND COMPANY LLC (Principal) and in favor of CONTRA COSTA COUNTY 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: $512,800.00 TO: $76,920.00 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 15`h day of May, 2008. Signed, Sealed.&Dated this 15`h day of May, 2008. See Attached Signature Block (Principal) By: Fidelity and Deposit Company of Maryland (Surety) By: n Ap tt ey-In-Fact Bond Rider No. 08745344 RA 04-01166 aka Phase 4 Trails 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 Brian_G. Olin, Vice President By: � r � David Geist, Authorized Agent _ G. lUw CALIFORNIA ALL.-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California 4s: County of Orange s t 5/15/08 " On before me, K. Luu, Notary Public j ?EE (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(fit) whose name(a)is/fie subscribed to >` the within instrument and acknowledged to me that he/she/lac executed the same in his/her/tbeir,authorized capacityOW, and that by big/her/*eir signature(s) on the instrument the person(s), or the entity upon behalf of i 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. ' is K. LUU { WITNESS my hard and official seal. .Commisslon.W778641 <--e� Notary Public - California D ' orange County D My Comm.Expires Nov 6,2011 Signature of Notary Public (Notary Seal) 3E ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUNIENT 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 ±i California(ie, certifying the authorized capacity of the signer).Please check the j document earefullyfor proper notarial wording and attach this form ifrequired. (Title or description of attached document continued) #s; • 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. f;'• Indicate the correct singular or lural forms b crossing off incorrect forms(i.e. CAPACITY CLAINIED BY THE SIGNER s'r p y g ❑ Individual(S) ke/she/tWy,-is/are)or circling the correct forms.Failure to correctly indicate this ft: 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 Ei (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. ® Attorney-ill-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ 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 CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT _. ._. .---­------- --------- --- ....................................... -....................................... - State of CALIFORNIA County of CONTRA COSTA On May 19, 2008 before me, Catherine M.* Taylor, Notary Public, personally appeared David Geist, who proved to me on the basis of satisfactory evidence to be the persons) whose name( is/ar-e'subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his«.,, *fir authorized capacity(ies , and that by histh.,,�ltheir signatureko on the instrument the person(o, or the entity upon behalf of which the person(O acted, executed the instrument. 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 CountyCcrnm;=Jan 12 2011 - (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: Bond Rider#08745344, Contra Costa County,Windemere, RA 04-01166 aka Phase 4 Trails, Civil Improvements Document Date: 05/15/08 Number of Pages: 6 Signer(s) Other Than Named Above:Jeri Apodaca,.Attorney-In-Fact(Surety) Capacity(Ws)Claimed by Signer Signer's Name: David Geist ❑ Individual ® Corporate Officer—Title(s): Authorized Agent Top of thumb here ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA. SS. - County of CONTRA COSTA On May 21, 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 persons) whose names) is4Fe subscribed to the within instrument and acknowledged to me that he/she/ kt9 executed the same in hisfh,,,`.;the'r authorized capacity(ieo, and that by hisAherAheiF signatures)on the instrument the person(o, or the entity upon behalf of which the person(&) 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 Commiulon# 1715043 Notary Publlc -California_ __ WITNESS my hand and official seal. Contra Costa County GoRsn� JQ►1 Zflll (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: Bond Rider#08745344, Contra Costa County,Windemere, RA 04-01166 aka Phase 4 Trails, Civil Improvements Document Date: 05/15/08 Number of Pages: 7 Signer(s) Other Than Named Above: Jeri Apodaca,Attorney-In-Fact, (Surety) David Geist, Authorized Agent, Lennar Homes of California, Inc. Capacity(aes)Claimed by Signer Signer's Name: Brian G.Olin ❑ Individual • ® Corporate Officer—Title(s): Vice-President Top of thumb here ❑ 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 FIDELITY AND DEPOSIT,COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:.That,the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C. ROGERS;Vice President,and T.E. SMITH, Assistant Secretary,in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful,a e - - ac ke,execute,seal and deliver,.for,and on its behalf as surety,and as its act and deed- s le and the execution of such bonds or undertakings in pursuance of these nr o to pany,as fully and amply,to all intents and purposes, as if they had been c ac egularly elected officers of the Company at its office in Baltimore,Md.,in� r erpers e attomeyrevokes that issued on behalf of Jeri APODACA,dated 7 The said Assistant c o at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- a C any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp DUO,l o ; r, By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland 1 j ss.. City of Baltimore On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, .and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF.MARYLAND, to me personally known to be the individuals .and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J