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HomeMy WebLinkAboutMINUTES - 06032008 - C.16 SE_r TO: BOARD OF SUPERVISORS Contra FROM: JULIA R. BUEREN,.PUBLIC WORKS DIRECTOR - -. '.�s Costa DATE: June 3, 2008 County SUBJECT: Accepting completion of improvements for Ramona Park, Park Acceptance 05-00026 (cross- reference Subdivision 05-08957), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION' RECOMMENDATION(S): ADOPT Resolution No. 2008/51Y for Park Acceptance 05-00026 (cross-reference Subdivision 05-08957), accepting completion of improvements for Ramona Park, 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 park improvements per the Subdivision (Right-of-Way Landscaping) 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 ano the warranty period will not begin. Continued on Attachment: ✓ SIGNATURE: co g&/ COMMENDATION OF COUNTY ADMINISTRATOR R ;COMMENDATION OF BOARD COMMITTEE --APPROVE OTHER f SIGNATURE (S): ACTION OF BOAA ON APPROVED AS RECOMMENDED _OTHER _ VOTE OF SUPER ISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT _) AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. BB:jc G:\rngSvc\BO\2008\06-03\PA 05-00026 BO-45 DV(PA)FORM.docx Originator: Public Works(ES) Contact: Teri Rie(313-2363) . ATTESTED: Recording to be completed by COB cc: Public Works Construction Div. JOHN CULLEN, Clerk of the Board of P.'Ichaney,M&T Lab -1.Bergeron,Mapping Div. Supervisors and County Administrator Chris Low,City of San Ramon ` 2222 Camino Ramon,San Ramon,CA 94583 Windemere 13LC Land Company,LLC Attn:Brian Olin By , Deputy 6121 Bollinger Canyon Road,Suitc500 San Ramon,CA 94583 Arch Insurance Company Attn:Rosa E.Rivas 135 N Los Robles Avenue,Suite 825 Pasadena,CA 91101 IIII III III I III II II IIII I III VIII I III I III)I III II III CONTRA COSTA Co Recorder Office Recorded at the request or: STEPHEN L, WEIR,.Clerk-Recorder Contra Costa County DCC— 20086-0128470-00 Board of Supervisors 'Monday, JUN 09, 2008 14:34:44 Return to: FRE Public Works Department Engineering Services Division Tt 1 Pd $0.00 Nbr-0004111611 " lrc/R911-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 3, 2008 by the following Vote: AYES: Gioia,Uilkema,Piepho,Bonilla&Glover NOES: none ABSENT: none ABSTAIN: none i RESOLUTION NO. 2008/'X_'L} SUBJECT: Accepting completion of improvements for Ramona Park, Park Acceptance 05- 00026 (cross-reference Subdivision 05-08957), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway and Ames Way. The Public Works Director has notified this Board that the improvements for Park- Acceptance arkAcceptance 05-00026 (cross-reference Subdivision 05-8957) have been completed as provided in the Subdivision (Right-of-Way Landscaping) Agreement with Windemere BLC Land Company, LLC., heretofore approved by this Board; BB:je G:\EngSvc\BO\2008\06-03\I'A 05-00026 BO-45 DV(PA)FORM.docx Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB cc: Public Works Construction Div. Supervisors on the date shown. P.Tchaney,M&T Lab -I.Bergeron,Mapping Div. O/ !/ Chris Low,City of San Ramon ATTESTED: 1p 0-31 2222 Camino Ramon,San Ramon,CA 94583 JOHN CULLEN Clerk.of the Board of Supervisors and Windemere BLC Land Company,LLC ' p Attn:Brian Olin CountyVministrator 6121 Bollinger Canyon Road,Suite500 San Ramon,CA 94583 Arch Insurance Company Attn:Rosa E.Rivas 135 N Los Robles Avenue,Suite 825 By , Deputy Pasadena,CA 91101 RESOLUTION N0.2008/��� {• �, . 1. .. 6� �.. ' l ,'I ` t ` .. :� SUBJECT: Accepting completion of improvements for Ramona Park, Park Acceptance 05- 00026 (cross-reference Subdivision 05-08957), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: June 03, 2008 PAGE: 2 NOW THEREFORE 13E IT RESOLVED that the improvements have been COMPLETED as of June 3, 2008 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision (Right-of-Way Landscaping) Agreement: DATE OF AGREEMENT NAME OF SURETY July 10, 2007 Arch Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $796,550.00, Bond No. SU 5021886 issued by the above surety be RETAINED for the six month lien guarantee period until December 03, 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 Ramona Park, the hereinafter described park, as shown and dedicated for public use on the Final Map of Subdivision 05-08957 lot 6, filed August 21, 2006, in Book 494 of final neaps at Page 1, Oficial Records of Contra Costa County, State of California, is ACCEPTED A',3 A COMPLETE. Park Name APN Number Area (acres) Ramona Park 223-400-049 4.1 Upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the Ramona Park for maintenance 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 $15,900.00 cash deposit (Auditor's Deposit Permit No. 481255, dated April 9, 2007) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $236,600.00, Bond No. SU5021886 issued by Arch Imsurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on.fill;with the Public Works Department. RIDER To be attached to and form part of: Bond Number SU5021886 dated 3/28/2007 issued by the ARCH INSURANCE COMPANY in the amount of $1,577,200.00 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: $1,577,200.00 TO: $236,600.00 It is further understood and agreed that all other terms aiA conditions of this bond shall remain unchanged.— This Rider is to be Effective this 8th day of April, 2008. .Signed, Sealed & Dated this 14th day of April, 2008. See Attached Signature Block (Principal) By: ARCH INSURANCE COMPANY (Surety) By: J&' po , Attorney-hPact Bond Rider No. SU5021886 Phase 5C,PA 05-00026 (X-ref SD 05-08957)aka Ramona Park Subdivision Agreement(Right-Of-Way Landscaping) 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: Brian G. Olin,Vice-President By: cc Lt_A David Geist,Authorized Agent CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of CALIFORNIA } County of CONTRA COSTA ss. On April 15, 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/she/they executed the same in his/#e4their authorized capacity(ies), and that by his1he 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 Commlulon 11715542 Notary Public-California Contra Costa County WITNESS my hand and official seal. CcnM jan122D11 + (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#SU5021886 Windemere, Phase 5C, PA 05-00026 aka Ramona Park, ROW Landscape Improvements Document Date: 04/14/08 Number of Pages: 4 Signer(s)Other Than Named Above:Jeri Apodaca,Attorney-in-Fact 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 domes 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 C' �.N4jssi. 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 %once Cp C CORFOUTE . NAL ` Martin J. Nilse ecretary Edward M.Titus ice President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I 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 aAvoluntary act said 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.02CA6109336 Qvillfied in New York pe r J. Nota ublic Commission Expires May 3u 2008 My commisslQ 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 WHEREOF, I have hereunto subscribed my name and affi d the corpora ZS I of the Arch Insurance Company on this 14th day of_ April 20.08 /�� -c---- 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 4�conce s coarolars ssu 1971 OOML0013 00 03 03 Mlao�d Page 2 of 2 Printed in U.S.A.