HomeMy WebLinkAboutMINUTES - 06242008 - C.13 Contra
TO: BOARD OF SUPERVISORS
n ------ �. = Costa
FROM: JULIA R. BUEREN, PUBLIC WORKS DI OR o, .__ _;;;>�`.., .:.. ,:.E�
DATE: June.24, 2008
s County
SUBJECT: Accept Completion of Improvements and declaring county roads, Road Acceptance 04-01162,
Danville area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/gig accepting Completion of Improvements and declaring Camino Tassajara
Road Widening as a County road, Road Acceptance 04-01162 (cross-reference Subdivision 99-08331), project
developed by Danville Tassajara Partners, LLC, , Danville area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The developer, Danville Tassajara Partners, LLC has completed the improvements per the Road Improvement
Agreement and in accordance with 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:
RECOMMENDATION OF COUNTY ADMINISTRATOR
.ECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED RECOMMENDED OTHER
I hereby certify that this is a true and correct
OF SUPERVISORS copy of an action taken and entered on the
UNANIMOUS(ABSENT ) minutes of the Board of Supervisors on the
AYES. I NOES: date shown.
ABSENT: ABSTAIN:
TRJc
G:\EngSvc\BO\2008\06-24\RA 04-01162 BO-42 FORM.doc
Originator; Public Works(ES) ATTESTED: Oral 9/(C-, O
Contact: T.Rie(313-2363)
Recording to be completed by Clerk of the Board JOHN CULLEN, Clerk of the Board of
cc: Public Works -Accounting
Construction p ll 1.Supervisors and County Administrator
-
-Maintenance WPlat) ,
-D.Spinale.Engineering Services
-T-April 24,2009
CSAR-Cartog
CHP,c/o Al
Sheriff-Patrol Div.Commander By , Deputy
Danville Tassajara Partners,LLC
6121 Bollinger Canyon Rd.,Ste.500
San Ramon,CA 94583
Alm:Brian Olin
Hartford Fire Insurance
One Point Drive
Brea,CA 92821-3333 ..
Attn:Patricia Brebner
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L, WEIR; Clerk-Recorder
Contra Costa County DDC— 2008-0148361-00
Public Works Department
Engineering Services Division Wednesday, JUL 02, 2008 09:55:40
Return to: FRE $0.00
Public Works Department Tt 1 Pd $0.00 Nbr-0004135565
Engineering Services Division 1 1'C/R9 I 1—8
THE BOARD OF SUPERVISORS.OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 24, 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 and declaring Camino Tassajara Road
Widening as a County road, Road Acceptance 04-01162 (Cross-reference
Subdivision 99-08331), Danville area. (District III)
The Public Works Director having notified this Board that the improvements for Camino
Tassajara Road Widening have been completed as provided in the Road Improvement Agreement
with Danville Tassajara Partners, LLC heretofore approved by this Board;
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of June 24,2008 thereby establishing the six-month terminal period for the filing of liens in case
of action under said Road Improvement Agreement:
DATE OF AGREEMENT SURETY
April 5, 2005 Harford Fire Insurance Company
TR:jc I hereby certify that this is a true and correct copy of
G:\EngSvc\60\1008\06-24\RA 04-01162 BO-42 FORM.doc
Originator: Public Works(ES) an action taken and entered on the minutes of the
Contact: T.Ric(313-2363)
Recording to be completed by Clerk of the Board Board of Supervisors on the date shown.
cc: Public Works -Accounting
-Construction
-Maintenance(w/Plat)
-D.Spinale,Engineering Services
CSAA-Cartog T-npril24.2009 ATTESTED: C)
CHP,c/o Al
Sheriff-Patrol Div.Commander. JOHN CULLEN Clerk of the Board of Supervisors
Danville Tassajara Partners,1.1-C
6121 Bollinger Canyon Rd.,Ste.500 and Count Administrator
San Rarnon,CA 94583
Altn:Brian Olin
Hartford Fire Insurance
One Point Drive By , Deputy
Brea,CA 92821-2333
Attu:Patricia Brebner d
RESOLUTION NO.2008/ t
SUBJECT: Accepting Completion of Improvements and declaring Camino Tassajara Road
Widening as a County road, Road Acceptance 04-01162 (Cross-reference
Subdivision 99-08331), Danville area. (District III)
DATE: June 24, 2008
PAGE: 2
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$731,100.00,
Bond No. 72BSBDH7672 issued by Hartford Fire Insurance Company be RETAINED for the six
month lien guarantee period until December 24, 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 widening of Camino Tassajara Road is ACCEPTED
and DECLARED to be a County road;the right of way is shown and dedicated for public use on the
Final Map of Subdiviaion 99-08331 filed June 17, 2005, in Book 479 of Maps at Page 47, official
Records of Contra Costa County, State of California. .
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$14,600.00 cash deposit(Auditor's Deposit Permit No.440164,dated February
28,2005)made by Danville Tassaj ara Partners,LLC and the performance/maintenance surety bond
rider for $217,200.00, Bond No. 72BSBDH7672 issued by Hartford Fire Insurance Company be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released
by this Board.
RIDER
To be attached to and form part of-
Bond Number 72BSBDH7672
dated 2/25/2005
issued by the HARTFORD FIRE INSURANCE COMPANY
in the amount of $1,447,600.00
on behalf of DANVILLE TASSA.IARA PARTNERS, 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: $1,447,600.00
TO: $217,200.00
.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 21 st day of May, 2008.
Signed, Sealed &Dated this 23rd day of May, 2008.
See Attached Signature Block
(Principal)
By:
Hartford Fire insurance Company
(Surety)
By:
J8 Ap Atto-ney-In-Fact
Bond Rider No. 72BSBDH7672
RA 04-01162 (X-ref SD 99-08331) aka
Camino Tassajara Road Improvements
DANVILLE TASSAJARA PARTNERS, LLC,
a Delaware limited liability company
, f
By: LENNAR HOMES OF CALIFORNIA, INC.,
a California corporation,
Its Managing Member
By:
Printed Name: Brian G. Olin
Its: Vice-President
...................................................................... ............................................................................................................................................................................................
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On 5/23/08 before me, K. LLIU, 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(
_R) whose name(a) is/;fie subscribed to
the within instrument and acknowledged to me that]%a/she/fhay executed the same in bis/her/lbdr,authorized
Z:
capacity( , and that by W/her/tixjr signature(s) on the instrument the person(), 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.
K. LUU
WITNESS myhand and official seal. Commission # 177864
Notary Public -California z
Z Z
Orange County
(Notary Seal) My Comm.Expires Nov 6,2011
Signa re of Notary Public
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLE'rING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUIvMNT 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
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
(Title or description of attached document continued)
• 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.
CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
El Individual(s) he/slielg+ey,-is/are)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
El 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
(Tide) sufficient area permits,otherwise complete a different acknowledgment toms.
El Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
1Z Attorney-in-Fact Additional information is not required but could help to ensure this
D Trustee(s) acknowledgment is not misused or attached to a different document.
Other Indicate title or type of attached document,number of pages and(late.
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 1
)}
County of CONTRA COSTA ss.
On Brian G. Olin before me, Catherine M. Taylor, Notary Public, personally appeared
May 28, 2008, who proved to me on the basis of satisfactory evidence to be the person(O whose
name(o is4ge subscribed to the within instrument and acknowledged to me that he sh
executed the same in his/#erAheir authorized capacity(ies), and that by his(h.�,� +ter signature(o on
the instrument the person(&), or the entity upon behalf of which the persons) 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 0 1716843
Notary Public -California
Contra Costa County
WITNESS my hand and official seal. Camp Jm12 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#72BSBDH7672, Contra Costa County, intervening
Properties, RA 04-01162 (SD 99-08331), Camino Tassajara Civil Street Improvements
Document Date: May 23, 2008 Number of Pages: 6
Signer(s) Other Than Named Above: Jeri Apodaca,Attorney-In-Fact(Surety)
Capacity(ieo 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
s �
Direct Inquiries/Claims to:
POWER OF ATTORNEY THE HARTFORD
BOND,T-4
P.O.BOX 2103,690 ASYLUM AVENUE
HARTFORD,CONNECTICUT 06115
call:888-266-3488 or fax:860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-180314
X� Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut
X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the Stale of Illinois
0 Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana
0 Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut,(hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint,
up to the amount of unlimited:
Mike Parizino, Linda Enright, Jeri Apodaca, Rhonda C.Abel, Jane Kepner,Nanette Mariella-Myers,
James A. Schaller, Rosa E. Rivas,Ashley K. Ward, Grace Reza
of
irvine, CA
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as
delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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 permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney,..
SY Is 'S•
s�.�
^, .'p- +x�„e,es., �+ t�L1t1M' yzs•18 7 0 e E ?; 18 7 0 : - o�,
'f �� ""`°'?.:^' / •� a� Jh 'b; _�. 1949
�',"^::x.'��':� ,nN bYp':o'Aga J � s,xv''C,t9,1S'+'�� 4arn.>, '*.'tii•• �
V �' ✓ l/ t.ti�t/ is IY-L4-
Paul A.Bergenholtz,Assistant Secretary David T.Akers,Assistant Vice President
STATE OF CONNECTICUT
ss. Hartford
COUNTY OF HARTFORD
On this 4th day of August,2004, before me personally came David T.Akers,to me known,who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument;that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
• � • Scutt R Paseka
Notary Public
CERTIFICATE My Commission ENpires October 31,2007
I,the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May 23, 2008
Signed and sealed at the City of Hartford.
un
te �_�'� ;1 �,,x,�,r,w�. ►"ataM� .,�.g4,f899 eE = 11870rf�_ k
29*y,�.om ,".+'
.... .. .. .........
l
Gary W.Stumper,Assistant Vice President
POA 2005