HomeMy WebLinkAboutMINUTES - 06242008 - C.18 TO: BOARD OF SUPERVISORS GE j Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR
Costa
DATE: June 24, 2008 County
SUBJECT: Accept.completion of improvements, Subdivision 06-09144, San Ramon (Dougherty Valley)
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDA7'ION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
'ADOPT Resolution No. 2008/LWq accepting completion of improvements Balmoral Way, Kennard Lane,
Penzance Way, Emerson Lane and Balmoral Court, for Subdivision 06-09144, for project being developed by
Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR IZECOMMENDATION(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.
Ap
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
ECOMMENDATION OF BOARD COMMITTEE
APPROVE _,OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPRO D AS RECOMMENDED— OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT _)
AYES: NOES
ABSENT: ABSTAIN:
0
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G:1F.ngSv6B013008t06-241SD 06-09144 BO-45 Db'(SUB)FOR.bi.doc
Contact:
Public Works(ES) I herebycertify that this is a true and correct co of an
Cmttac[: Teri Rie 1313-?363) Y PY
Recording to be completed bn COB action taken and entered on the minutes of the Board of
cc: Public Works - Construction
-P.Bergeron,M&T lab
1.Bergeron,,1}appirrg Div Supervisors on the date shown.
-
-S.Spinale,Engineering Svc.
-T. -April 24,2009
CHP,f-Patrol Div.Commander ATTESTED: D D
CHI',c/o Al
`SAA-`art gJOHN CULLEN, Cle p
of the oard of Supervisors and
Chris Low,City of Set Rlumon p
2222 Camino Ramon San Ramon,CA 99563 County Administrator
Windemere BLC[.and Company,LLC Y
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94563
Aun:Brian Olin
Arch Insurance Company
135'N. Los Robles Avenue,Suite 625By , Deputy
Pasadena,CA 91101
Attn:Jeri Apodaca
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L. WEIR, Clerk-Recorder
Contra Costa County DOC— 2008-0148364-00
Board of Supervisors
Return to: Wednesday, JUL 02, 2008 09:56:04
Public Works Department FRE $0.001
Engineering Services Division Tt 1 Pd $0.00 Nbr-0004135570
lrc/R9I1-11
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 24, 2008 by the following vote:
AYES: Gioia,Uilkema,Repho,Bonilla&Glover
NOES: none
'ABSENT: none
ABSTAIN: none
RESOLUTION NO. 2008/ "k-1-4
SUBJECT: Accepting completion of improvements Balmoral Way, Kennard Lane, Penzance
Way, Emerson Lane and Balmoral Court, Subdivision 06-09144, for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District Ill)
The Public Works Director has notified this Board that the improvements in Subdivision 06-
09144 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.
BB:jc
G:\EngSvc\BO\2008\06-24\SD 06-09144 BO-45 DV(SUB)FORM.doc
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 COB
cc: Public Works Construction Supervisors on the date shown.
P.Tehancy,M&T Lab
I.Bergeron,Mapping Div. ^ �_ O
S.Spinale,Engineering Svc. ATTESTED:
T.—Aprilzoo9
Sheriff-Patrol Div.Commanderer JOHN CULLEN, Clerk of the Board of Supervisors and
CHP,coo AI County Administrator
CSAR—Cartog
Chris Low,City of San Ramon
2222 Camino Ramon San Ramon,CA 94583
Windemere BI"C Land Company,LLC
6121 Bollinger Canyon Road,Suite 500 By , Deputy
San Ramon,CA 94583
Attn:Brian Olin
Arch Insurance Company
135 N. Los Robles Avenue,Suite 825
Pasadena,CA 91101
Attn:Jeri Apodaca
RESOLUTION NO.2008/
SUBJECT: Accepting completion of improvements Balmoral Way, Kennard Lane, Penzance
Way, Emerson Lane and Balmoral Court, Subdivision 06-09144, 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
September 26, 2006 Arch Insurance Company
BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,245,000.00,
Bond No. SU 5020553 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 Balmoral Way,Kennard Lane,Penzance Way,Emerson
Lane and Balmoral Court for the hereinafter described public roads, as shown and dedicated for
public use on the Final Map of Subdivision 06-09144 filed 10/11/06, in Book 496 of final maps at
Page 48, Official Records of Contra Costa County, State of California, are ACCEPTED AS
COMPLETE.
Road Name Road-R/W Widths Lengths (Miles)
Balmoral Way 36' curb/56' RW 0.39
Kennard Lane 36' curb/56' RW 0.14
Penzance Way 36' curb/56' RW 0.05
Emerson Lane 36' curb/56' RW 0.19
Balmoral Court 36' curb/48' RW 0.06
Upon acceptance by the Board of Supervisors, the developer, the San Ramon City
Council, 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$24,900.00 cash deposit(Auditor's Deposit Permit No.466458,dated June 29,
2006) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety
bond rider for $369,770.0, Bond No. SU5020553 issued by Arch 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 SU5020553
dated 6/13/2006
issued by the ARCH INSURANCE COMPANY
in the amount of $2,465,100.00
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: $2,465,100.00
TO: $369,770.00
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 27th day of May, 2008.
Signed, Sealed & Dated this 29th day of May, 2008.
See Attached SiQnat_ure Block
(Principal)
By:
Arch Insurance Company
(Surety)
By:
Jeri Apodaca, Atto ey-In-Fac�
Bond Rider No. SU5020553
SD 06-09144 aka
Phase 5C, Village 49 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
' r
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 5/29/08 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(R) whose name(a) is/R;,e subscribed to
bis/h
the within instrument and acknowledged to me that lza/she/lhay I executed the same n er/tbeiK authorized
capaclty(�W, and that by W/her/tjtr 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
WITNESS my hand and official seal. Notary Public Caiifornia
Orange County
1W Comm.Evnira-z Novc 20 11 b
(Notary Seal)
Signature of Notary Public
awq
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS IN
TIONS 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 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
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form ifre
quired.
• 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.
0 Individual(s) he/she/they,-is/&r-e)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
E) 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 3
(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.
IX Attorney-in-Fact
Additional information is not required but could help to ensure this
ED 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.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 June 2, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
David Geist, who proved to me on the basis of satisfactory evidence to be the person(&) whose
name(s) islare subscribed to the within instrument and acknowledged to me that heisheAhey
executed the same in his«,gym authorized capacity(ies), and that by hisl"r.erAheir signatures)on
the instrument the person(o, 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. TAYLOR
Cosnmbsion# 1715443
Notary/uMc-Calitornlo
WITNESS my hand and official seal. Contra Costa County
Cam► Jm 13 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: Contra Costa County, Decrease Bond Rider#SU5020553,
Windemere, Phase 5C, SD 06-09144 aka Village 49 Civil Improvements
Document Date: 05/29/08 Number of Pages: 5
Signer(s) Other Than Named Above: Jeri Apodaca, Attorney-In-Fact(Surety)
Capacity(les)Claimed by Signer
Signer's Name: David Geist
❑ Individual •
® Corporate Officer—Title(s): Authorized Agent 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
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA 1
1}
County of CONTRA COSTA ss.
On June 4, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
Brian G. Olin, who proved to me on the basis of satisfactory evidence to be the person(o whose
name(o is/are subscribed to the within instrument and acknowledged to me that he/she/the
executed the same in his/her pelf authorized capacity(leo, and that by his�",4hhem signature(s)on
the instrument the person(), 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. TAYLOR
Commission#r 1715843
Notary Public -California
WITNESS my hand and official seal. Contra Costa County
Corn Jan 12,2011
(Signature of Notary Public) U 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: Contra Costa County, Decrease Bond Rider#SU5020553,
Windemere, Phase 5C, SD 06-09144 aka Village 49 Civil Improvements
Document Date: 05/29/08 Number of Pages: 6
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
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint
Rhonda C.Abel,Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelle Rheault, and Linda
Enright of Irvine,CA(EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed in U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 31st day of._ July 20.07
Arch Insurance Company
Attested and Certified
�tonce
C4 .
Co"a"TE 'O
SEAL
/ 7971 �.
Martin J. Nilse ecretary Edward M.Titus ice President
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free apd,,voluntary act oQsaid corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J.CALLEO,ESQ.
Notary Public,State of New York
No.02CA6109338 pe r J. Nota ublic
Q�:.Qfled In New York County
Commission Expires May 3, 2008 My commissM expires 5-03-2008
CERTIFICATION
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above., is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full.force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY Al IEREOF, I have.here, subscribed ^; name and afFi d the corpora s I of the Arch Insurance
Company on this 29th day of_ May . 20 08
_ /
Martin J. Nils , Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors& Developers Group
135 N. Robles Ave.,Ste.825
Pasadena, CA 91101
yvOnce Co
ODISE A .
SEALL
1971
OOMLOO13 00 03 03 Micso�d
Page 2 of 2 Printed in U.S.A.
6121 Bollinger Canyon Road #500
San Ramon, CA 94583
May 27, 2008 VIA FACSIMILIE: 925.313.2333
No. of Fax Pages: 1
Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, CA 94553
ATTENTION: Teri Rie, Associate Civil Engineer
SUBJECT: Request for Reduction in Performance Bond
Dear Teri:
Please authorize a Bond Reduction for SD 9144 Village 49 Civil Improvements
so that we may request the bond reduction from the Surety. It is my
understanding that the Inspection Sign Off and authorization will follow shortly.
Please acknowledge below. Thank you.
Cathy Taylor
Lennar- Bay Area Land
Project aka Community Name: Windemere, San Ramon
Principal: Windemere BLC Land Company, LLC
Surety: Arch Insurance Company
*E-mail required to CHernandez(a)archinsurance.com that signature below is valid by CCPW
Subdivision Number: 09144
Date of Bond: June 13, 2006
Original Bond Number: SU5020553
Original Performance Bond Amount: $2,465,100.00
Rider Amount: $369,770.00
(15%of Original Performance bond amount)
BOS approved Agreement Reso. No.: 2006 / 603 (Agreement Approved)
Authorization:
Teri Rie, Associa Civil+Engineer Date
Engineering Senes Division, CCC-PW
(925) 313-2363