HomeMy WebLinkAboutMINUTES - 06172008 - C.30 (2) s `
TO: BOARD OF SUPERVISORS ��� ��� ��' Contra
FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR ' Costa,
DATE: June 17, 2008 cov �~ County
izr�
SUBJECT: Accept completion of improvements for Road Acceptance 03-01147, San Ramon (Dougherty
Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ /oZ accepting completion of improvements for Windemere Phase II Creek
Trail, Road Acceptance 03-01147 (cross-reference Subdivision 00-08507), 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 Lands Company LLC, has completed the road improvements per the Road
Improvement Agreement, and in accord i nce 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:
_—IfECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
/APPROVE OTHER
� r
SIGNATURE (S), i
ACTION OF BO ' ON APPROVED AS RECOMMENDED�.OTHER
VOTE OF SUPErV RS
UNANIMOUS(ABSENT )
AYES:_NOES:
ABSENT: ABSTAIN:
BB Jc
G:\EngSvc\BO\2008\06-17\RA 03-01147 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: 0 O
-T.April 17,2009 JOHN CULLEN, Cler0of th.6 Board 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 Deputy
6121 Bollinger Canyon Road,Suite 500 p y
B'r
San Ramon,CA 94583
Attn:Brian Olin
Travelers Casualty and Surety Company of America
9325 Sky Park Court,Suite 220
San Diego,CA 92123
Attn:Rosa E.Rivas
CONTRA COSTA Co Recorder Office
Recorded at the request of. STEPHEN L, WEIR, C1erk-Recorder
Contra Costa County DDC— 2008-0139315-00
Board of Supervisors
Return to: Friday, JUN 20, 2008 15:31:32
Public Works Department FIRE $0.00:
Engineering Services Division ; Ttl Pd $0,00 Nbr-0004124818
lrc/R9/1-9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 17, 2008 by.the following vote:
i
AYES: GIOIA,UILKEMA,PIEPHO,BONILLA&GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
---_----_` —--_ – - -- -- RESOLUTION N0. 2008/ /;Z.
SUBJECT: Accepting completion of improvements for Windemere Phase II Creek Trail,
Road Acceptance 03-01147 (cross-reference Subdivision 00-08507), project 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
Windemere Phase II Creek Trail 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 03-01147 B045 DV(RA)FORM.docx
Originator: Public Works(ES) I 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. I Supervisors on the date shown.
-P.Tehaney,M&T Lab
-I. Bergeron,Mapping Div.
-D.Spinale,Engineering Svc. ATTESTED:
-T.April 17,2009 JOHN CULLEN, Clerk 46e Mand 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
Atm:Brian Olin
Travelers Casualty and Surety Company of America
9325 Sky Park Court,Suite 220
San Diego,CA 92123
Attn:Rosa E.Rivas
RESOLUTION NO.2008/ Yl
SUBJECT: Accepting completion of improvements for Windemere Phase II Creek Trail,
Road Acceptance 03-01147 (cross-reference Subdivision 00-08507, 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
December 9, 2003 Travelers Casualty and Surety Company of America
BE IT FURTHER RESOLVED the payment (labor and materials) surety for
$192,000.00, Bond No. 1041251139 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.
I
BE IT FURTHER RESOLVED that the Windemere Phase II Creek Trail the hereinafter
described public improvements as shown and dedicated for public use on the Final Map of
Subdivision 95-07976 filed November 16, 2001, in Book 436 of final maps at Page 29, 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 II Creek(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 $3,840.00 cash deposit (Auditor's Deposit Permit No. DP 413390, dated
October 16, 2003) made �by Windemere BLC Land Company, LLC, and the
performance/maintenance surety bond rider for $57,100.00, Bond No. 104125139 issued by
Travelers Casualty and Surety Company of America 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 104125139
dated 10/6/2003
issued by the TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA
in the amount of $380;160.00
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: $380,160.00
TO: $57,100.00
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.
Signed, Sealed&Dated this 27th day of May, 2008.
See Attached Signature Block
(Principal)
By: .
Travelers Casualty and Surety Company of America
(Surety)
By:
J` ' Apo tto y- -Fact
Bond Rider No.. 1041 25139
RA 03-01147 (X-ref SD 8507)aka
Phase 2,Ridgeline Creek Trail Civil Improvements
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
By:
Brian G. Olin,Vice-President
BY
David Geist,Authorized Agent
_..
....... . ..:.. .... ... .. ... .. ...................
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California t..
County oif
f
Orange s
On 5/27/08 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(a)whose name(a) is/w subscribed to
the within instrument and acknowledged'to me that lxm(she/tom executed the same in b s/her/t>heir,authorized
capacity( , and that by l /her/t #i signature(s) on the instrument the personO, or the entity upon behalf of
which the person(s)acted,executed the instrument. t
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph t
is true and correct. . .
K.
Commission # 1778641 's€
WITNESS inand and official seal. Notary Public California
t, z Orange.County s'
/f My Comm.Exp(res Nov 6,2011
Signature of Notary Public (Notary Seel)
3°s
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 illegal for a notary in %a
California_(i.e. certifying the authorized capacity of the signet).Please check the :•
#s?
(Title or description of attached document continued)
document carefullyfor proper notarial wording and attach this form if required, 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 !X
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 CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms
❑ Individual(S) helsheldwf,-is/sre)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 as
(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-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.
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 ss.
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 names) +sEare subscribed to the within instrument and acknowledged to me that .
#e/sWthey executed the same In 46 their authorized.capacity(ies), and that by h;e their
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.
CATHERINE M. TAYLOR
#F
Commission 171 Sd43
Notary Public-California
WITNESS my hand and official seal. Contra Costa County
C01111Mignt2,2Dt1
(Signature of Notary Public) ,-_ Place Notary Seal Above
OPTIONAL
Though the information below is not req I ired 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#104125139, Contra Costa County,Windemere,
Phase 2, RA 03-01147 aka Ridgeline Trail Creek 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
❑ Trustee ,
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation
r
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OIF ATTORNEY
TRAVELERS.J Farmington Casualty Company 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 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. ®®1 9 4 7 1 1 3
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 Insurarce Company 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 duly 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 Insurl nce 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
of the City of Fine State of California their true and lawful Attomey(s)-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 ctions or
permitted�in any a .proceedings allowed by law.
t � S''•
}' Q, w
4, G ` 10th
IN WITNFSSSptern m
WHEREOF,the Coin ave caused this instruent�to be signedand their corporate seals to be hereto affixed,this
er
a ,x
day of «
Farmington Casualty Company ry 6 r St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company 3 St.Paul Mercury Insurance Company
Fidelity and Guaranty Insarance'UnderwHters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
G1.SU,�1� �W"TM
SURE
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State of Connecticut By:
Y
City of Hartford ss. /Gcorg99Thompson. enior ice President
10th September 2007
On this the clay 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 C)mpany 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 putposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
.In Witness Whereof,1 hereunto set my hand and official seal. & AA 0, .
My Commission expires the 30th day of June,2011. �'0l/BUG * Marie C.Tetreault.Notary Public
58440-5-07 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER