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HomeMy WebLinkAboutMINUTES - 06172008 - C.11 S _.L � o� 'TO: BOARD OF SUPERVISORS .: - �-_'�•.,. Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Si� it Costa �m n DATE: June 17, 2008 Q u my STS COUNT SUBJECT: Accept completion of improvements for Windemere Phase 5 Trails/Access Roads,Road Acceptance 04-01177 (cross-reference Subdivision 05-08957), 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/ 3,Y3 for Road Acceptance 04-01177 (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 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: ✓ SIGNATURE: _ ECOZMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _---XPPROVE OTHER SIGNATURES : �L4/-_e� ACTION OF BVISORS ON 1.-,..� /. 7. �odff APPROVED AS RECOMMENDED W O ER VOTE'OF SUPE UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: DSJc G:\EngSvc\BO\2008\06-10\RA 04-01177 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 Ric(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. p -D.Spinale,Engineering Svc. ATTESTED_: r& CSAA—Cartog-T-April 10,2009 JOHN CULLEN, Clerk of the Board"of Supervisors and Chris Low,City of San Ramon County Administrator 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company, LLC 6121 Bollinger Canyon.Road,Suite 500 . San Ramon,CA 94583 By , Deputy Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd,Penthouse Suite Glendale,CA 91203 Attn:Jeri Apodaca CONTRA COSTA Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder Recorded at the request of: DDC 2008-0139313-00 Contra Costa County Board of Supervisors Friday, JUN 20, 2008 25:31:29 Return to: FRE $0.00/: Public Works Department T4Il Pd $0.00 Nbr-0004124816 Engineering Services Division I r c/R S/1-10 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 i ABSENT: NONE ABSTAIN: NONE ------- - -- —------- -- ----- RESOLUTION NO. 2008/ 3 ,�1,3 SUBJECT: Accepting completion of improvements for Windemere Phase' 5 Trails/Access Roads, Road Acceptance 04-01177 (cross-reference Subdivision 05-08957), 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 04-01177 (cross-reference Subdivision 05-08957) have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company,,i, LLC, heretofore approved by this Board; DS# G:\EngSvc\BO\2008\06-10\RA 04-01177 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: ©Le(1 —t- CSAA—Cartog -T-April 10,2009 JOHN CULLEN, Clerk of the Board of Supervisors and Chris Low,City of San Ramon County Admin' ator 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company, LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 By ,Deputy Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd,Penthouse Suite Glendale,CA 91203 Attn:Jeri Apodaca RESOLUTION NO.2008/ 393 9 SUBJECT: Accepting completion of improvements for Windemere Phase 5 Trails/Access Roads, Road Acceptance 04-01177 (cross-reference Subdivision 05-08957), 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 September 25, 2007 Fidelity and Deposit Company''of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for $102,000.00, Bond No. 08904301 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 5 Trails for the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 05-08957 filed August 21, 2006, in Book 494 of final maps at Page 1-17, 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 5 Trails 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 $2,000.00 cash deposit (Auditor's Deposit Permit No.! 489271, dated September 6, 2007) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $30,300.00, Bond No. 08904301 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. RIDER - To be attached to and form part of- Bond Number 08904301 dated 8/28/2007 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND in the amount of $202,000.00 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: $202,000.00 TO: $30,300.00 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 15th day Y of May, 2008. Signed, Sealed &Dated this 15th day of May, 2008. See Attached Signature Block (Principal) By: Fidelity and Deposit Company of Maryland (Surety) '- An p ca oto n ey-I -Fact— Bond Rider No. 08904301 RA 04-=01177 aka Phase 5 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: David Geist, Authorized Agent ........................... ..................................................................................-- ................................... ....... CALIFORNIA ALL-PURPOSE . CERTIFICATE OF ACKNOWLEDGMENT State of California E' County of Orange sq: On 5/15/08 before me, K. Luu, Notary Public (Here insert name and title of the officer) Apodaca personally appeared Jeri A P i who proved to me on the basis of satisfactory evidence to be the person(R) whose name() is/; ,e subscribed to the within instrument and acknowledged to me that Ixe/she/lboy executed the same intil /herCdlzeix authorized ca aci and that b W/her/tom signature(s) on the instrument theperson(s), or the entity upon behalf oflit {" P tY � Y tY P which the person(s) acted,executed the instrument. S I certify under PENALTY OF PERJURY under the laws of the State of California that,the foregoing paragraph is true and correct. it K. LUU i. Commission # 1778641 WITNESS my,hand and official seal. != -® • Notary Public -California "= i Z Orange County My Comm.E�lres Nov 6,2011 (Notary Seal) aturc of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as id. DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must 6e ti 'sr: 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 (ie. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carejullyjor proper notarial warding°and attach this form ijrequired. Number Of Pages Document Date State and County information must be the State and County where the document 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 names) of document signer(s) who personally appear at the time of 3E notarization. 1s: Indicate the correct singular or lural forms'b crossing off incorrect forms(i.e. CAPACITY CLAIMED BY THE SIGNER >v p y g .; Ae/shdtl►ey—is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) i 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 ileal impression smudges,re-seal if a" (Title) sufficient area permits,otherwise complete atdifferent acknowledgment form. j ❑ 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 ❑ Trustee(s) acknowledgment.is not misused or attached to a different document. 11 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 _. ......... G CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA runty of'CONTRA COSTA On May 19, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared David Geist, who proved tome on the basis of satisfactory evidence to be the person(s)whose name(s) isJafe subscribed to the within -instrument and acknowledged to me that he/she/they executed the same in his/#e0heir authorized capacity(+es}, and that by hislhe,�ir signatures)on the instrument the personal, or the entity-upon behalf of which the personal 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 Pubhc'California WITNESS my hand and official seal. Contra Costa County Carom jcn12,2011 C -M of (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#08904301, Contra Costa County,Windemere, RA 04-01177 aka Phase 5 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#es)Claimed by Signer Signer's Name: David Geist , ❑ Individual • Corporate Officer—Title(s): Authorized Agent T°p°rm°"bhe�e ❑ Partner-❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Lennar Homes of California, Inc. a California corporation t CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA SS. 0ounfy,;of CONTRA COSTA On Ma 21, 2008 before me, Catherine M. 'Ta� for Nota Public, personally y y Notary p ally appeared Brian G. Olin, who proved to me on the basis of satisfactory evidence to be the persons) whose name{&) is/are subscribed to the within instrument and acknowledged to me that heishe.4he . executed the same in histherltheit authorized capacity{ies), and that by his/#er.14heir signatures on the instrument the person(s), or the entity upon behalf of which the personw 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-'LTAYLOR Commission #►11715843 - € y Notary Public -Calltosnla WITNESS my hand and official seal. Contra Co:taI County Camra. MesJpnl2 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#08904301, Contra Costa County,Windemere, RA 04-01177 aka Phase 5 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. Capacityfies)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 Anccl''&V1,,,Sectiorr 2;'_of`the By=Laws of;gaid.Company,w serfortli omhe.:reverse ' side hereof and are hereby certified to be in full force and effect on the date hereof.d s lef " nate,constitute and appoint &fr PODACA,;of Iryine•California, _its true and lawful age - - ac p ke, execute,seal and deliver,for,and on its behalf as surety,,and as its act and deed- s ,and the execution of such bonds or undertakings in pursuance of these nr o in Ypany,as fully and amply,to all intents and purposes,as if they had been c ac ab gularly elected officers of the Company at its office in Baltimore,Md.,in r6ppers e attorney revokes that issued on behalf of Jeri APODACA, dated 7 The said Assistant o t 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 '�0 DEPpSfJ 1E90 .2 By: T. E. Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland 1 Ss: City of Baltimore f 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. �• �''�'�''�/%jam. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025)