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HomeMy WebLinkAboutMINUTES - 06242008 - C.20 TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR _ _„a Costa DATE: June 24 2008 County accitin't't SUBJECT: Accept completion of improvements and declaring county roads, Subdivision 99-08331,Danville area. (District III) SPECIFIC RI.iQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICA'T'ION RECOMMENDATION(S): ADOPT Resolution No. 2008/qq_(eaccepting completion of improvements and declaring Casablanca Street, Cottswald Street, Cottswald Court, Mantova Street, Mantova Court, Colmar Street, Colmar Court, Trebbiano Court, Rioja Court, Rioja Street, La Spezia Court, Genoa Street, Montreux Street, Maldon Court, Marsanne Street, Marsanne Court, Gamay Court, Monterosso Street, Monterosso Court, Nanterre Street, Menton Street, Menton Court, Rimini Court, Carmenere Street and Colchester Street as county roads, 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 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 maintenance/warran y period will not begin. Continued on Attachment: SIGNATURE: ��� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATURE (S): ACTION OF BOARD ON APPRCOEDAS RECOMMENDED_Z,OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct . UNANIMOUS(ABSENT 1 copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. TR:jc G:'•.EngSvc`,BOt2008`06-24tSD 99-08331 BO-45 FORM.docx Originator: Public Works(ES) Q Contact: T.Ric(313-2363)etedATTESTED:©� Recording to be completed by Clerk of the Board cc: Public Works _P Tehaney,structionM&T Lab JOHN CULLEN, Clerk of t e Board of -li.Finch,Maintenance Div. -1.Bergeron.Mapping Div. Supervisors and County Administrator -D.Spinale,Engineering Svc. 1'.—April 24,2008 Sheriff-Patrol Div.Commander Clip.coAl CSAR--Cartog Danville']assay a Partners,LLC y , Deputy 6121 Bollinger Canyon Rd.,Ste.500 San Ramon.CA 94583,Attn:Brian Olin The Continental Insurance Compnay ” 2600 Lucien Way,Suite 130 Maitland,FL 32751 Attn Jane Kepner IIII III III I III II II IIII I III III I VIII I IIII I II IIII II CONTRA COSTA Co Retarder Office Recorded at tete request of: STEPHEN L. WEIR, Clerk-Recorder Contra Costa County Dt]C— 2008-0148368-00 Board of Supervisors . Return to: Wednesday, JUL 02, 2008 09:56:48 Public Works Department FRE $0.00 1 F"`'nee"°g Services Dtv,st°° ` Tt 1 Pd $0.00 Nbr-0004135574 Irc/R9/1-11 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/ 4LAO SUBJECT: Accepting completion of improvements and declaring Casablanca Street, Cottswald Street; Cottswald Court, Mantova Street, Mantova Court, Colmar Street, Colmar Court, Trebbiano Court, Rioja- Court, Rioja Street, La Spezia Court, Genoa Street, Montreux Street, Maldori Court, Marsanne Street, Marsanne Court, Gamay Court, Monterosso Street, Monterosso Court, Nanterre Street, Menton Street, Menton Court, Rimini Court, Carmenere Street and Colchester Street as county roads, Subdivision 99-08331, Danville area. (District III) These improvements are approximately located near Camino Tassajara Road. The Public Works Director has notified this Board that the improvements in Subdivision 99-08331 have been completed as provided in the Subdivision Agreement with Danville Tassajara Partners, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. 'rR:jc I hereby certify that this is a true and correct copy of c:\EngSvc\B0\2008\06-24\SD 99-08331.130-45 FORM.doex an action taken and entered on the minutes of the Originator: Public Works(es) Contact:T.Ric(313-2363) Board of Supervisors on the date shown. Recording to be completed by Clerk or the Board cc: Public Works Construction Div. P.Teltancy,M&T Lab ATTESTED: 12J4 O H.Finch,Maintenance Div. I.Bergeron,Mapping Div. JOHN CULLEN, Clerk of the board of Supervisors D.Spinale,Engineering Svc. and Count Administrator T.-,April 24,2008 y Sheriff Patrol Div.Commander CI IP,c/o AI CSAA—Cartog Danville Tassajara Partners,LLC 6121 Bollinger Canyon Rd.,Ste.500 By ,Deputy San Ramon,CA 94583 Attn:Brian Olin The Continental Insurance Compnay 2600 Lucien Way;Suite 130 Maitland,FL 32751 Atln Jam Kepner. / RESOLUTION NO.2008/ (aE/ SUBJECT: Accepting completion of improvements and declaring Casablanca Street, Cottswald Street, Cottswald Court, Mantova Street, Mantova Court, Colmar Street, Colmar Court, Trebbiano Court, Rioja Court, Rioja Street, La Spezia Court, Genoa Street, Montreux Street, Maldon Court, Marsanne Street, Marsanne Court, Gamay Court, Monterosso Street, Monterosso Court, Nanterre Street, Menton Street, Menton Court, Rimini Court, Carmenere Street and Colchester Street as county roads, Subdivision 99-08331, Danville 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 BANK/SURETY June 14, 2005 The Continental Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $3,043,600.00, Bond No. 929367270 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 Casablanca Street, Cottswald Street, Cottswald Court, Mantova Street, Mantova Court, Colmar Street, Colmar Court, Trebbiano Court, Rioja Court, Rioja Street, La Spezia Court, Genoa Street, Montreux Street, Maldon Court, Marsanne Street, Marsanne Court, Gamay Court, Monterosso Street, Monterosso Court, Nanterre Street, Menton Street, Mentoii..Court, Rimini Court, Cannenere Street and Colchester Street hereinafter described roads, asshown and dedicated for public use on the Final Map of Subdivision 09- 08331 filed June 17, 2005, in Book 479 of Maps at Page 47, Official Records of Contra Costa County,'State of California, are ACCEPTED and DECLARED to be County roads. Road Name Road-R/W Widths Road No. Lengths (Miles) Casablanca Street 60'-55' 5525AT .27 Cottswald Street 56'-36' 5525BC .15 Cottswald Court 56'-36' 5525BD .04 Mantova Street 56'-36' 5525BE .16 Mantova Court 56'-36' 5525BF .06 Colmar Street 56'-36' 5525BG .12 Colmar Court 56'-36' 5525BH .04 Trebbiano Court 56'-36' 5525BJ .04 Rioja Court 56'-36' 5525BK .06 Rioja Street 56'-36' 5525BL .12 La Spezia Court 56'-36' 5525BM .03 Genoa Street 56'-36' 5525BN .37 cFto IP• 3 SUBJECT: Accepting completion of improvements and declaring Casablanca Street, Cottswald Street, 'Cottswald Court, .Mantova Street, Mantova Court, Colmar Street, Colmar Court, Trebbiano Court, Rioja Court, Rioja Street, La Spezia Court, Genoa Street, Montreux Street, Maldon Court, Marsanne Street, Marsanne Court, Gamay Court, Monterosso Street, Monterosso Court, Nanterre Street, Menton Street, Menton Court, Rimini Court, Carmenere Street and Colchester Street as county roads, Subdivision 99-08331, Danville area. (District III) DATE: June 24, 2008 PAGE: 3 Road Name Road-R/W Widths Road No. Lengths (Miles) Montreux Street 56'-36' 5525BO .10 Maldon Court 56'-36' 5525BP .05 Marsanne Court 56'-36' 5525BQ .03 Marsanne Street 56'-36' 5525BR .12 Gamay Court 56'-36' 5525BS :03 Monterosso Street 78'-56' 5525BT .75 Monterosso Court 78'-56' 5525BU 03 Nanterre Street 78'-56' 5525BV .23 Menton Street 78'-56' 5525BW .30 Menton Court 78'-56' 5525BX .04 Rimini Court 78'-56' 5525BY .04 Carmenere Street 78'-56' 5525BZ .12 Colchester Street 78'-56' 5525CA .37 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and thJ%60,800.00 cash deposit (Auditor's Deposit Permit No. 444939 , dated May 24, 2005) made by Danville Tassajara Partners, LLC and the performance/maintenance surety bond rider for $903,960.00, No. 929367270 issued by The Continental 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 . 929367270 dated .5/25/2005 issued by the THE CONTINENTAL INSURANCE COMPANY in the amount of $6,026,400.00 on behalf of DANVILLE TASSAJARA 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: $6,026,400.00 TO: $903,960.00 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 6"' day of May, 2008. Signed, Scaled & Dated this 9`" day of May, 2008. See Attached Signature Block (Principal) By: The Continental Insurance Company (Surety) By: ,lane epner, Attorney-In-Fact Bond Rider No. 929 367 270 SD 99-08331 Street Improvements (Civil) DANVILLE TASSAJARA PARTNERS, LLC, a Delaware limited liability company By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, Its Managing Member By: = G G`. Printed Name: Brian G. Olin Its: Vice-President ......................................................................................................................................................................................................................................................................... ................. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 0i'aiige On 5/9/08 before me, K. LUL1, Notary Public (Here insert name and title of the officer) personally appeared Jane Kepner who proved to me on the basis of satisfactory evidence to be the person(R) whose name(a) is/gRe subscribed to authorized bis/h r, the within instrument and acknowledged to me that 1xa/she/1b3xy In er/lbei executed the same capacityaW, and that by W/her/tb6r signature(s) on the Instrument the person(g), 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 WITNPSS my hand and official seal. Z Notary Public -California Z Orange County MV Comm.Expires Nov 6,2011 Seal) eal) 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 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) dccument carefidlyfor proper notarial wording and attach this form if required. • 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 CLAM--'D BY FILE SIGNER Indicate the correct singular or plural forms by crossing off incorrect fornis(i.e. El Individual(s) he/shc/they,-is/"a)or circling the correct forts.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 (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 ss the county clerk. Attorney-in-Fact e� Additional information is not required but could help to ensure this E) Trustee(s) acknowledgment is not misused or attached to a different document. 0 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 as 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 l )} County of CONTRA COSTA ss. On May 13, 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 personto whose name(o is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his1h,T,�1thei; authorized capacity(ies), and that by his1he 1}�r signature(&)on the instrument the personks), or the entity upon behalf of which the person(&) 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#► 1715043 Notary Public•California WITNESS my hand and official seal. Conha Costa County n Cwma sion1Z 2511 (Signature of Notary Pu lic) 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: Decrease Bond Rider#929367270, Contra Costa County, Intevening, Danville, SD 8331 Civil Improvements Document Date: May 9, 2008 Number of Pages: 5 Signer(s)Other Than Named Above: Jane Kepner, Attorney-In-Fact(Surety) Capacity(ies) 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 APPOINTING INDIVIDUAL ATTORNEY-IN-FACT • Know All Men By These Presents,That The Continental Insurance Company,a Pennsylvania corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Linda Enright,Mike Parizino,Rhonda Carlyn Abel,James A.Schaller,Jeri Apodaca,Jane Kepner,,Individually of Irvine,CA,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted, as indicated,by the Board of Directors of the corporation. In Witness Whereof,The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1 st day of October,2006. •••"" The Continental Insurance Company 'Z Thomas P. Stillman Senior Vice President State of Illinois, County of Cook,ss: On this Ist day of October,2006,before me personally came Thomas P.Stillman to me known, who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a Pennsylvania corporation,described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. "OFFICIAL SEAL" ; MWA M.WMK • Not•ry AiENc,ft"of li+oh • -t �A� i hFr canm.ion EipYu 7►16f0� i \J/,L` My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a Pennsylvania corporation,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimony whereof i have hereunto subscribed my name and affixed the seal of the said corporation this 9th day of May 2008 •�r�,W8t/ ••��. The Continental Insurance Company �? G �. .X. r No '" "''��• Mary A.R ika kis Assistant Secretary Form F6850-11/2001 f1A`�'. 6.200Q 12:52PM CCC PUBLIC WORKS NO. 125 P. 1 LF. N MAk1 ® 61.21 Bollinger Canyon Road #500 San Ramon, CA 94583 i April 29, 2008 VIA FACSIMILIE: 925.313.2333 No. of Fax Pages: 1 Contra Costa County Public Works Department 255 Glacier Prive Martinez, C 94553 ATTENTION, Teri Rie, Associate Civil Engineer SUBJECT: Request for Reduction in Performance Bond Dear Teri: I As requested, please authorize a Bond Reduction for SD.8331 Civil Improvements so that we may request the bond reduction from the Surety. It is our 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: Intervening Properties, Danville Principal: Danville Tassaiara Partners, LLC Surety: The Continental Insurance Company Subdivision Number`.' 9999 Date of Bond: May 25 2005 Original Bond Number: 929367270, - Original 29367270 -Original Pe ormance Bond Amount: $6,026,400.00 Rider Amount: $903,960.00 (15% of Origial Performance bond amount) BOE -11ed Agreement Reso, No.: 2005/ 361 =June 14, 2005 Authorization: Teri Rie, A 'sociate iv' En riee Date Engineerinj Services 'ivision, CCC-PW (925) 313-2363 i