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Home My WebLink AboutMINUTES - 06172008 - C.29 TO: BOARD OF SUPERVISORS =tet -�� Contra __.W FROM: JULIA R. BUEREN, PUBLIC WORKS DIRE R Costa DATE: ' June 17, 2008 4 °°sr9 �oU County. SUBJECT: Accept-completion of improvements for Road Acceptance 02-01133, San"Ramon (Dougherty "Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ `/// accepting completion of improvements for East Branch Trail, Road Acceptance 02-01133 (cross-reference Subdivision 95-0.7976), project 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 road improvements per the Road .Improvement Agreement, and in accordanc i 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: teffel"t 411; COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE XPPROVE OTHER r SIGNATURES ACTION OF BO ON J Gin eG / 7 a ,oD rr' APPROVED AS RECOMMENDED O/TOER VOTE OF SUPERVISORS NKUNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: l BBJc G:\EngSvc\BO\2008\06-17\RA 02-01133 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.' D.Spinale,Engineering Svc. ATTESTED: 97 ___,__� T.April 24,2009 JOHN CULLEN, Cle&of the oard of Supervisors and Sheriff-Patrol Div.Commander CHP,c/o Al County Administrator 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 St.Paul Fire and Marine Insurance Company 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Jeri Apodaca Illl III IIII III II II 1111 II 11 II INI IN I IIII I III II III CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHENI L. WEIR Clerk-Recorder Contra Costa County DOC 2008—0139319-00 Board of Supervisors .� Return to: ' Fri day I JUN 20, 2008 15:31:55 Public Works Department FRE $0.00: Engineering Services Division Tt 1 Pd $�,�� Nbr-0004124823 { 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 RESOLUTION NO. 2008/ %// SUBJECT: Accepting completion of improvements for East Branch Trail, Road Acceptance 02-01133 (cross-reference Subdivision 95-07976), project by Windemere BLC Land Company, LLCI San Ramon(Dougherty Valley) area. (District III) These improvements are located along the Windemere East Branch Creek within Phase I The Public Works Director has notified this Board that the improvements for Road Acceptance 02-01133 (cross-reference Subdivision 95-07976) have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board; BBjc G:\EngSvc\BO\2008\06-17\RA 02-01133 B045 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) 1 1 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. ` -D.Spinale,Engineering,Svc. ATTESTED: T.April 24, JOHN CULLEN, Clerk o t e Board of Supervisors and 11 Sheriff-Patrol Div.Commanderr CHP,c/o AI County Administrator CSAA–Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC I Deputy 6121 Bollinger Canyon Road,Suite 500 p y San Ramon,CA 94583 Attn:Brian Olin St.Paul Fire and Marine Insurance Company 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Jeri Apodaca RESOLUTION NO. 2008/ f SUBJECT: Accepting completion of improvements for East Branch Trail, Road Acceptance 02-01133 (cross-reference Subdivision 95-07976), 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 17, 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 17, 2002 St: Paul Rire and.Marine Insurance Company, BE IT FURTHER RESOLVED the payment (labor and materials) surety for $108.500.00, Bond No. ST 2224 issued by the above surety be RETAINED for the six month lien guarantee period until December 17, 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 East Branch Trail the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 00-08507 filed October 28, 2003, in Book 4571 of final maps at Page 43, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETED. Upon acceptance by the Bo I d of Supervisors, the San Ramon City Council shall accept p � p p the East Branch Trail 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 $2,170.00 cash deposit (Auditor's Deposit Permit No. DP 391754, dated August 21, 2002) made by f Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $32,230.00, Bond No. ST2224 issued by St. Paul Fire and Marine Insurance Company be RETAINED pursuant to the requirements of section 94-4.406 of the Ordinance Code until release by this Board. RIDER To be attached to and form part of- Bond Number ST2224 dated 8/14/2002 issued by the ST.-PAUL.FIRE AND MARINE INSURANCE COMPANY in the amount of $214,830.00 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: $214,830.00 TO: $32,230.00 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 23rd day of May, 2008. I _ Signed, Sealed &Dated this 27th day of May, 2008. See Attached Signature Block (Principal) By: St..Paul Fire and Marine Insurance Company. Surety) - By: An Jeri Apo , Attorn -In-Fact I Bond Rider No. ST 2224 RA 02-01133 (X-ref SD 95-07976) aka Phase 1,East Branch Trail Civil Improvements WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: LEN-OBS WINDEMERE,ILLC., 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 By: )'�J " David Geist Authorized Agent ..... .....: :: ....................... ... ............... .. t CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT f State of California County of Orange On 5/27/08 before me, K. Luu, Notary Public (Here insert name and title of the officer) Jeri Apodacapersonall app who proved to me on the basis of satisfactory evidence to be the person(g) whose name(a)is/tee subscribed to the within instrument and acknowledged Ito me that lxe/she/9=7 executed the same in his/her/bheix authorized '- capacity(�W, and that by l /her/tom signature(s) on'the instrument the personO, or the entity upon behalf of which the arson as acted executed the instrument. f; p O 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 and and official seal. commission" Notary Public -California Z I3.: _ Orange County (Notary Seel) My Comm.Expires Nov 6,2011 Signature of Notary Public I 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 acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) verbiage does not require the notary to do something that is ille al or a nota in ' € I g rP* Y 8 8 f ry California(i.e. certifying the authorized capacity of the signer).Please check the document care Il or proper notarial wording and attach thisform ire uired. (Title or description of attached document continued) yf p p g f f 9 f • State and County information must be the State and County where the document Number of Pages Document Date I signer(s)personally appeared before the notary public for acknowledgment. I • 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). I • The notary public must print his or her name as it appears within his or her i 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. #E • Indicate the correct singular or lural forms b crossing off incorrect forms r e CAPACITY CLAIMED BY THE SIGNER � p y g C• • he/she/they;-is/are)or circling the correct forms.Failure to correctly indicate this j? ❑ Individual(s) information may lead to rejection of document recording. iE ❑ 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 permits,otherwise complete a different acknowledgment form. 11 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. ❑ Other Indicate title or type of attached document,number of pages and date_ Iv Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). I • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT ._._.-._._._.-.-.-._.-._:_._._._._._._._._._:_._._._._._._._. I _._._._._:_._ ._._._._._._._._._._._._._._._._._._._._._._._............................................................ State of CALIFORNIA ss. County of CONTRA COSTA On May 29, 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)Ware subsciibed to the within instrument and acknowledged to me that he4heAhey executed the same in his their authorized capacity(ies), and that by hie{#etheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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#► 1716843 IL •� Notary Public -Calltornla WITNESS my hand and official seal. Contra Costa County Cornu Jan t 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#ST 2224, Contra Costa_County,Windemere, Phase 1, RA 02-01133 aka East Branch Trail Civil Improvements Document Date: May 27,2008 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 I ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Signer is Representing: Lennar Homes of California, Inc. a California corporation - I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,M, POWER-OF ATTORNEY TRAVELERSJ Farmington Casualty Company I St.Paul Guardian Insurance Company. Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company I Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219101 Certificate No. 001947114 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company pany and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of.Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations dly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint James A.Schaller,Jeri Apodaca,Linda Enright,Mike Parizino,Nanette Mariella-Myers, Rhonda C.Abel,and Jane Kepner Irvine California of the City of , State of , their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permiitted m any°actions or.proceedings allowed by law. t _. 10th IN WITNFNJ3'�tOF,the Comp have caused this instrument%totbe signed and their corporate seals to be hereto affixed,this Pt � r- day of Farmington Casualty Company - ' St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Cotnpanyr%, {"" St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance`Underweiim,Inc. Travelers Casualty and Surety Company Seaboard Surety Company lance Travelers Casualty and Surety Company ofAmerica St.Paul Fire and Marine InsuCompany United States Fidelity and Guaranty Company G/.SU4 TM SDRETy �F\RE 6 �,1 IM$ NSU•"`. - ,TY 4/y ,rJPS.,......�'9•` SJP �S ,�l��fTy �OYY'Y"YJ o�,oP'r°grCi� � + weORPoRATED � F .. r j CpR FOR41C�m �W%coReoagt �, f{ H6RrFORD,'� c � � i 1982 0 � 1977 7927 < � _a t S f —•_ .n' aP HARTFORD, < G, . S 1896 w. E AL.'o"3 }jtSEALia• �, CONN. o �cau+• 18 N b + r # agas cod 1 p/� y NY' �•! 1•� SOF Nk'N� 'aw4uTANGt �I$.ANNti s dl'•. ..:fid* bd 4p! �, V�ty� yr"•// State of Connecticut By: City of Hartford ss. Georg Thompson• enior ice President 10th September 2007 On this the day of before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance(Company,.St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company,and that he, as such, being authorized so to do,executed the foregoing instrument for the pu oses therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.7", In Witness Whereof,1 hereunto set my hand and official seal. My Commission expires the 30th day of June,2011, �°11BL�G * Marie C.Tetreault.Notary Public 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER