HomeMy WebLinkAboutMINUTES - 06242008 - C.17 TO: BOARD OF SUPERVISORS `% , ` � Contra
FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR -` ,
�,- = �� Costa
DATE: June 24, 2008 ��•` P`
ouii - Count
Y
SUBJECT: Accept completion of improvements, Subdivision 05-08929, San Ramon (Dougherty Valley)
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/L ;accepting completion of improvellnents Knightsbridge Way, Holborn Way,
Pembroke Way,Highbury Way,Knightsbridge Court and Pembroke Court, Subdivision 05-08929,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 subdivision improvements per the
Subdivision 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:
RECOMMENDATION OF COUNTY ADMINISTRATOR
YECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE (S):
ACTION OF BOARD ON V,J2 APPRO D AS RECOMMENDED�[s OTHER
V TE OF SUPERVfSORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
BB:jc .
G.TngSvc,BOt200810C-24•'SD 05-08929 BO-45 DV(SUB)FORM.doc
Originator: Public13136rks(ES) 1 herebycertify that this is a true and correct coy of an
Contact:�Teri Ric(313?3(i3) � � Y PY
Recording to he completed by COB action taken and entered on the minutes of the Board of
cc: Public Works -Construction
-P.'I chancy,M&T Lab Supervisors on the date shown.
-1.Bergeron,Mapping Div.
-D.Spinale,Engineering Svc.
-T.-April 24,2009
Sherif(-Patrol Div.Commander ATTESTED: O
C1 1P,c'o Al
CSA^ow,City
JOHN CULLEN, Clerk of the B and of Supervisors and
Chris Loa,City o(San Rarrum
2222 Catttino Ranton San Rarmn,CA 94583 Count Administrator
Windentere BLC Land Company, LLC Y
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin
Fidclity and deposit Company of Maryland
801 N.Brand Blvd.,Penthouse Suite
Glendale,CA 91203 By Deputy
Attn:Rachelle Rheault
IIII III III I III II Il 1111 l 111 111 l 11111 l 1111 l 111 11 111
CONTRA COSTA Co Recorder Office
Recorded at the request or: STEPHEN L, WEIR, Clerk-Recorder
Contra fSuperviCounty
rs DDC— 2008-0148363-00
Board of Supervisors
Return to: Wednesday, JUL 02, 2008 09:55:55
Public Works Department FRE $0.00: ;
Eng;,,eering Services Division Tt 1 Pd $0,00 Nbr-0004135568
Irc/R9/1-9
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/ 3
SUBJECT: Accepting completion of improvements Knightsbridge Way, Holborn Way,
Pembroke Way, Highbury Way, Knightsbridge - Court and Pembroke Court,
Subdivision 09-08929, 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 in Subdivision 05-
08929 have been completed as provided in the Subdivision Agreement with Windemere BLC Land
Company,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision
Map.
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G:\EngSvc\B0\2008\06-24\SD 05-08929 BO-45 DV.(SUB)FORM.doc
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)
Recording to be completed by COB
cc: Public Works Construction I hereby cern fy that this is a true and correct copy
-11.Tehancy,M&T Lab of an action taken and entered on the minutes of
1.Bergeron,Mapping Div.
D.Spinale,Engineering Svc. the Board of Supervisors on the date shown.
T.—April 24,2009 l^
Sheriff-Patrol Div.Commander
cl IP,coo Al ATTESTED:
CSAA.-Cartog JOHN CULLEN, Clerk of the Board of
Chris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583 Supervisors and County Administrator
Windemerc BLC Land Company, LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin By"'�A .• , Deputy
Fidelity and deposit Company of Maryland
801 N.Brand Blvd.,Penthouse Suite
Glendale,CA 91203
Alm:Rachelle Rheault
RESOLUTION NO.2008/
SUBJECT: Accepting completion of improvements Knightsbridge Way, Holborn Way,
Pembroke Way, Highbury Way, Knightsbridge Court and Pembroke Court,
Subdivision 05-08929, for project being developed by Windemere BLC Land
Company, LLC, San Ramon(Dougherty Valley) area. (District III)
DATE: June 24, 2008
PAGE: 2
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 Subdivision Agreement:
DATE OF AGREEMENT NAME OF SURETY
August 9, 2005 Fidelity and Deposit Company of Maryland
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,033,500.00,
Bond No.08745450 issued by the above surety 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 Knightsbridge Way, Holborn Way, Pembroke Way,
Highbury Way,Knightsbridge Court and Pembroke Court for the hereinafter described public roads,
as shown and dedicated for public use on the Final Map of Subdivision 05-08929 filed August 12,
2005, in Book 482 of final maps at Page 1, Official Records of Contra Costa County, State of
California, are ACCEPTED AS COMPLETE.
Road Name Road-R/W Widths Lengths(Miles)
Knightsbridge Way 36' curb/56'.RW 0.11
Holborn Way 36' curb/56' RW 0.29
Pembroke Way 36' curb/56' RW 0.19
Highbury Way 36' curb/56' RW 0.01
Knightsbridge Court 36' curb/56' RW 0.04
Pembroke Court 36' curb/48' RW 0.03
Upon acceptance by the Board of Supervisors, the City of San Ramon shall accept the
subdivision improvements for maintenance and ownership 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$20,700.00 cash deposit(Auditor's Deposit Permit No.448426,dated July 21,
2005) made by Windemere BLC Land Company,LLC, and the performance/maintenance surety
bond rider for $306,950.00, Bond No. 08745450 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 pen-nits are.on file with the Public Works Department.
2n
0
RIDER
To be attached to and forni part of:
Bond Number 08745450
dated 7/13/2005
issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND
in the amount of $2,046,300.00
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: $2,046,300.00
TO: $306,950.00
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 28th day of May, 2008.
Signed, Sealcd &Dated this 28th day of May, 2008.
See Attached Signature Block
(Principal)
By:
Fidelity and Deposit Company of Maryland
(Surety)
By: `)
eri A a, Atton ey-In-Fact
Bond Rider No. 08745450
SD 05-08929 aka
Phase 5A, Village 45 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: G. .�
Brian G. Olin, Vice President
By:
David Geist, Authorized Agent
..........................
................................... ............
.................... ............................. ...... ..........................................................................................................................
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On 5/28/08 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(x)whose name(g)is/fie subscribed to
the within instrument and acknowledged to me that 1%or/she/*gx7 executed the same in Wis./her/t1ioiK authorized
capacityOW, and that by W/her/t1wir signature(s) on the instrument the person(R), 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
Commission # 1778641
WITNESSand and official seal. Notary Public - California Z
Z
Orange County
MyComm.Exp1tesNov 6,2011
(Notary Seal)
Signature of Notary Public
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!
(Title or description of attached document) acknowledgment verbiage as may he 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
(Title or description of attached document continued) document carefully for proper notarial wording and attach this farm ifrequired.
• State and County information must be the State and County where the d
t
Number of Pages Document Date ocumen
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.
he/shelthey—, is/are)or circling the correct forms.Failure to correctly indicate this
E) Individual(s)
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
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
0 Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
2 Attorney-in-Fact
Additional information is not required but could help to ensure this
0 Trustee(s) acknowledgment is not misused or attached to a different document.
El 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.c.CEO,CFO,Secretary).
• Securely attach this document to the signed document
............ .. .......
: ...I..........
................................................................................................................................................................ ............................................ .......
. .................... ..................
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA l
1}
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 name(s) is/are subscribed to the within instrument and acknowledged to me that
he/sheEthey executed the same in histheir authorized capacity(ies), and that by histher(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
Commiaaion* 1715843
Notary Public -California
Contra Costa County
WITNESS my hand and official seal. Comm 0,ietJon 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#08745450, Contra Costa County,Windemere,
Phase 5A, SD 05-08929 aka Village 45 Civil Improvements
Document Date: May 28, 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
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 V1, Section 2,of the By-Laws of said Company,whigl set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof,,dos `relci nate, constitute and
appoint Jeri APODACA,of Irvine,California, its true and lawful agetlL f n ac."o-v@ke, execute, seal and
deliver, for,and on its behalf as surety,and as its act and deed 8R1."-8R1." ''��o��r��-d �d�u1�H'ij' s�,and the execution of
such bonds or undertakings in pursuance of these prys�(} -. hta1 C ��incIinF pc i� 1kCjEtr�ipany,as fully and arnply, to all
intents and purposes,as if they had been Zsm(�bd a�>c1lacXnnNsd �C l�bllreie �larly elected officers of the Company at
its office in Baltimore,Md., in t r '' �persizn. r s�x� ' attorney revokes that issued on behalf of Jeri
APODACA,dated �i7 ��.
The said Assistant car_ o��� 94 1 that the extract set forth on the reverse side hereof is a true copy of Article V1,
Section 2,of the By-I a Co6pan,and is now in force.
IN WITNESS WIR 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
�p 1fEPos�
P f
Ono,
_ 0 0
� IE90 -V/�����
By:
T. E. Smith Assistant Secretcay Pard C. Rogers Vice President
State of Maryland
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.
04"
� 4
Sandra Lunn Mooney NotaVry Public
My Commission Expires: January 1, 2004
POA-F 012-5025J
i
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of'the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person.or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate: and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this_28th_day of May _ 2008
Assisua i Secrelml.-