HomeMy WebLinkAboutMINUTES - 06242008 - C.21 ,,�,sE_ °�
TO: BOARD OF SUPERVISORS C*24 .;•/�.; _,�°=-_�•, Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa
;won.0
DATE: June 24, 2008 y County
SUBJECT: Accept completion of landscape improvements for Subdivision 99-08331, Danville area. (District
III)
SI'ECII;IC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS•IIP[CATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/accepting completion of improvements for Subdivision Agreement
(Right-of-Way Landscaping), 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 landscape improvements per the
Subdivision Agreement (Right of Way Landscaping), and in accordance with the Title 9 of the County
Ordinance Code.
CONSEQUENCES OF NEGATIVE ACTION:
The completion of improvements will not be accepted.
Continued on Attachment. SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURES :
ACTION OF BOARD ONIL APPROXED AS RECOMMENDED_ OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTA date shown.
TR jc
G.\EngSvc\B0%2008\06.3\SD 99-08331 30-45 DV(landscaping)FORM.docs
Originator: Public Works(ES)
Contact: Teti Ric(313_363) ATTESTED:
R—Ming to be completed by COB d
cc: Public Works -Construction Div.
P.Tehancy.M&T Lab JOHN CULLEN, Clerk oft e Board of
-I.Bergeron,Mapping Div.
D Spinale,Engineering Svc. Supervisors and County Administrator
.B.Tamori,General Servicas
-W.Lai,Special Districts
-T.-July'_4,2008
Danville Tassajara Partners,LLC t
6121 Bollinger Canyon Road,Suite 500 ✓
San Ramon,CA 94583 y , Deputy
Attn:Brian Olin
'I he Continental Insurance Company
2600 Lucien Way,Suite 130
Maitland,FL 32751
Attn:Jane Kepner
• III III III 1�II.II II III I I�I�I�I VIII I IIII I IIII I II� I
I
CONTRA COSTA Co Recorder Office
Recorded at the request of: STEPHEN L, WEI/R i Clerk-Recorder
Contra Casta County �y� —
2008-0 14
Board of Supervisors DOC—C
Return to: Wednesday, JUL 02, 2008 09:56:35
Public Works Department FRE $0.001
Engineering Services Division Nbr-0004135513
Ttl Pd $0,00 lrc/R9/1-10
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 landscape improvements for Subdivision Agreement
(.Right-of-Way .Landscaping) for Subdivision 99-08331, project developed by
Danville Tassajara Partners, LLC,Danville area. (District III)
These improvements are approximately located near Casablanca Street.
The Public Works Director has notified this Board that the (Right-of-Way Landscaping)
improvements for Subdivision 99-08331 have been completed as provided in the Subdivision
Agreement (Right-of-Way Landscaping) with Danville Tassajara Partners, heretofore approved
by this Board;
.I.R.jc
G:\I--ngSvc\BO\2008\06-24\SD 99-08331 BO-45 DV(landscaping)17ORM.docx
Originator: Public Works(ES)
Contact: Teri Rie(313-2363)..
Recording to be completed by COB
cc: Public Works Construction Div. I hereb certify that this is a true and correct co of an
P.Tehaney,M&T Lab Y Y copy
I.Bergeron,Mapping Div. action taken and entered on the minutes of the Board of
D.Spinale,Engineering Svc.
B.Tamori,Ge,eral Servicas Supervisors on the date shown.
-W.Lai,Special Districts
-T.-July 24,2()08 ATTESTED: 0� ?. /b'g
Danville Tassajara Partners,LLC
6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, Clerk of the Board of Supervisors and
San Ramon,CA 94583
Attn:Brian Olin County Administrator
The Continental Insurance Company
2600 Lucien Way,Suite 130 ,
Maitland,FL 32751
Attn:,lane Kepner By ,Deputy
RESOLUTION NO.2008/
SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement
(Right-of-Way Landscaping) for Subdivision 99-08331, project developed by
Danville Tassajara Partners, LLC, Danville area. (District III)
DATE: June 24, 2008
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the landscape 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(Right-of-Way Landscaping):
DATE OF AGREEMENT NAME OF SURETY
August 9, 2005 The Continental Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for
$114,200.00, Bond No. 929367268 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 the Right-of-Way Landscaping improvements on
Casablanca Street and Monterosso Street are ACCEPTED. Upon acceptance by the Board of
Supervisors,the County shall own and these improvements.
BE IT FURTHER RESOLVED that the beginning of the 90 day warranty and plant
establislunent period is hereby'established, as of May 14, 2008 and the$2,300.00 cash deposit
(Auditor's Deposit Permit No. 446032, dated June 13, 2005) made by Danville Tassajara
Partners, LLC, and the performance/maintenance.surety bond rider for $33,920.00, Bond No.
929367268 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 929367268
dated 5/23/2005
issued by the THE CONTINENTAL INSURANCE COMPANY
in the amount of $226,100.00
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: $226,100.00
TO: $33,920.00
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:
The Continental Insurance Company
(Surety)
By:
J Ap c�Ittol-n_4-fn-_fact
Bond Rider No.929 367 268
SD 99-08331
Streetscape Landscaping @ Monterosso& Casablanca
DANVILLE TASSAJARA PARTNERS, LLC,
a Delaware limited liability company
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. 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)islet subscribed to
the within instrument and acknowledged to me that tte/she/ib=7 executed the same in lis/her/their,authorized
capacttyoW, and that by W/her/th C 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
WITNESS my h and official seal.
commission # 1778641
::-a1;� Notary Public -California
' Orange County
Ny Comm.Expires Nov 6,2011
Signature of Notary Public (Notary Seal)
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 aulhorized capacity of the signer).Please check the 3i
(Title or description of attached document continued) document carefullyfor proper notarial wording and attach thisform ifrequired.
W.
• 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 CLAIALED BY TME SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/the}-is/ere)or circling the correct forms.Failure to correctly indicate this
❑ Individual(s)
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 limes.If seal impression smudges,re-seal if a
(Title) sufficient arca permits,otherwise complete a different acknowledgment form.
❑ Patlner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
® Attomey-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.
E-) 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
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA l
)}
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(&)whose
names) is4re subscribed to the within instrument and acknowledged to me that he/s#eAhey
executed the same in hisih 'sir authorized capacity##, and that by his/heF/their signature(s)on
the instrument the person(&), 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 1171-- --
Notary Public-California
WITNESS my hand and official seal. Contra Costa County
Camm.6 resdan 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#929367268, Contra Costa County, Intervening
Properties, SD 99-08331,Streetscape at Monterosso and Casablanca Streets
Document Date: May 23,2008 Number of Pages: 5
Signer(s)Other Than Named Above:Jeri Apodaca,Attorney-In-Fact(Surety)
Capacity(ieQ Claimed by Signer
Signer's Name: Brian G. Olin
❑ Individual •
® Corporate Officer—Title(s): Vice-President Tap 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 or 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 duty 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 I st day of October,2006.
.�yV The Continental Insurance Company
r
Thomas P. Stillman Senior Vice President
State of Illinois,County of Cook,ss:
On this Isl day of October,2006,before me personally came Thomas P.Stillman to me known, who,being by me duly swom,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* ;
UTARIA fit MEM ;
i MY CwMiLL•ipl FWYM L1Los i
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
23rd day of May 2008
%t►'�'INS U The Continental Insurance Company
�•"�"'•�� Mary A.R ika kis Assistant Secretary
Form F6850-11/2001
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of
the company.
"Article VI-Execution of Documents
Section 3. Appointment of Attorney-in-Fact. The Chairman of the Board of Directors,the President or any Executive or Senior Vice
President may, from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of
policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations
set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such
instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive or
Senior Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact.
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13"'day of January, 1989:
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
6121 Bollinger Canyon Road #500
San Ramon, CA 94583
May 21, 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 the Intervening entry Streetscape
landscaping at Monterosso and Casablanca in Danville 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: Intervening Properties, Danville
Principal: Danville Tassaiara Partners, LLC
Surety: The Continental Insurance Company
Subdivision Number: 99-08331
Date of Bond: 05/23/05
Original Bond Number: 929 367 268
Original Performance Bond Amount: $226,100.00
Rider Amount: $33,920.00
(15%of Original Performance bond amount)
BOS approved Agreement Reso. No.: 2005 / 505 (Agreement approval)
Authorization
r"
Teri Rie, Assobia e ivil igin r Date
Engineering Servi s Division, CCC-PW
(925) 313-2363