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Home My WebLink AboutMINUTES - 06032008 - C.22 S•--•` _ TO: BOARD OF SUPERVISORS Contra� y CostaFROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR DATE: June 3, 2008 County °req COux SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-08927 for project being developed by Windemere BLC Land Company,LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUESI•(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTII-ICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/$ O for Subdivision 05-08927, accepting completion of improvements for Subdivision Agreement (Right-of-Way Landscaping), 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 landscape improvements per the Subdivision Agreement (Right of Way Landscaping), and in accordance with the Title 9 of the County Ordinance Code. CONSEOU.ENCES OF NEGATIVE ACTION: The completion of improvements will not be accepted and the maintenance/warranty period will not begin. Continued on Attachment:if-" SIGNATURE: it _ ECOMMENDATION OF COUNTY ADMINISTRATOR �I ECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ' c SIGNATURES ACTION OF BO ON APPROVED AS RECOMMENDED _OTHER VOTE OF SUPE ISORS 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 BB jc ABSENT: ABSTAIN: date shown. G:\EngSvc\60\1008\06-03\SD 05-08927 BO-45 DV(Landscaping)FORM.docx Originator: Public Works(ES) Contact: Teri Ric(313-2363) Q Recording to completed by COB ATTESTED: cc: Public Works -Construction Div. ��"`•••111 -D.Spinale,Engineering Svc. Chris Low,City of San Ramon JOHN CULLEN Clerk of the Board of 2222 Camino Ramon,San Ramon,CA 94583 AWindemereBLC Land Company,LLC Attn: Brian Olin Supervisors and County Administrator Attn: 6121 Bollinger Canyon Rd.,Suite 500 San Ramon,CA 94583 Fidelity and Deposit Company of Maryland r Attn:Rhonda C.Alsel 801 N.Brand Blvd.Penthouse Suite By , Deputy Glendale.CA 91203 IIIIII 111111111111111111111111.111 CONTRA COSTA Co Recorder Office Recorded at the regnest of: STEPHEN L. WEIR, Clerk-Recorder ` Contra Costa County DOC- 2008=-012$469-00 Board of Supervisors Return to: Monday, JUN 09, 2008 14:33:54 Public Works Department FRE $0.00 Engineering Services Division Tt I Pd $0.00 Nbr-0004111676 lrc/R9/1-10 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 RESOLUTION NO. 2008/- SUBJECT: 008/SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-08927 for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near East Branch Parkway and Enfield Street. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Subdivision 05708927 have been completed as provided in the Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, heretofore approved by this Board; BB:jc G:\EngSvc\BO\2008\06-03\SD 05-08927 BO-45 DV(Landscaping)FORM.docx Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB cc: Public Works Construction Div. I hereby certify that this is a true and correct copy of an D.Spinalc,Engineering Svc. Chris Low,City of San Ramon action taken and entered on the minutes of the Board of 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC Supervisors on the date shown. Attn:Brian Olin 6121 Bollinger Canyon Rd.,Suite 500 ATTESTED: O(o /O 10� San Ramon,CA 94583 Fidelity and Deposit Company of Maryland JOHN CULLEN, Clerk of the Board of Supervisors and Attn:Rhonda C.Alsel 801 N.Brand Blvd.Penthouse Suite County Administrator Glendale,CA 91203 By , Deputy RESOLUTION NO.2008/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-08927 for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: June 3, 2008 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape 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 Agreement (Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF SURETY October 25, 2005 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment (labor and materials) surety for $62,300.00, Bond No. 08745437 issued by the above surety be RETAINED for the six month lien guarantee period until December 3, 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 Enfield Street, Barons Lane, Aldwych Way, Avery Court and Knightsbridge Way are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $1,200.00 cash deposit (Auditor's Deposit Permit No. 448563, dated July 25, 2005) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $18,510.00, Bond No. 08745437 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 permits are on file with the Public Works Department. "Executed In Duplicate RIDER To be attached to and form part of. Bond Number 08745437 dated 7/11%2005 issued by the FIDELITY AND DEPOSIT COMPANY OF MARYLAND in the amount of $123,400.00 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 bond amount shall be amended: FROM: $123,400.00 TO: $18,510.00 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 5"' day of May, 2008. Signed., Sealed & Dated this 7th day of May, 2008. See Attached Signature Block (Principal) By: _ Fidelity and Deposit Company of Maryland (Surety) By: % CI _ V.,ri a, Attor ey-In-Fac Bond Rider No. 08745437 Phase 5A, SD 05-08927 aka Village 43 Subdivision Agreement(Right-Of-Way Landscaping) WINDEMERE BLC LAND COMPANY,LLC, a California limited liability company By: LEN-OBS WMEMERE, 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: EX-L, David Geist, Authorized Agent ............. ........ .. ...... ... ....... ...... ............ . ................ . .. .......... . . ...... .... ............ ........... .. . ............... . ... .. ........ . ......... ...... ................... ....... ............. ..............................................................................................................................................................I......................................................................... in CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange is in or, 6/7/08 1% before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca lei who proved to me on the basis of satisfactory evidence to be the person( whose ame n subscribed x I w to the within instrument and acknowledged to me that lialshe/thaF executed the same in bis/her/lbeir authorized capacityo,"), and that by W/her/*eix signature(s) on the instrument the person(R), or the entity upon behalf of which the person(s)acted,executed the instrument. W I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. LUU Pr Commission # 1778641 WITNESS hand and official seal. Z Notary Public -Camornia Z Orange County My Comm.Expires Nov b,2011 (Nota-, Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION ... INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as N 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 document carefullyfor proper notarial wording and attach this farm ifrequired. !.n (Title or description of attached document continued) • 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. he/she/they—is/ffe)or circling the correct forms.Failure to correctly indicate this 0 Individual(s) information may lead to rejection of document recording. CD 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. D Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. [Z 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. 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 May 9, 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) Ware subscribed to the within instrument and acknowledged to me that 4elshelthey executed the same in hisihetheir authorized capacity(ies), and that by 4Wher4their 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. rA CATHERINE M. TAYLOR Commission # 1715843 Notary Public-California WITNESS my hand and official seal. Contra Costa County Carom BPMJCln 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 08745437, Contra Costa County,Windemere, Phase 5A, SD05-08927 aka Village 43 ROW Landscape Improvements (Bond Rider in Duplicate) Document Date: May 7, 2008 Number of Pages: 4 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 Vl, Section 2,of the By-Laws of said Company, whiset forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof decIaPcl. nate,constitute and appoint Jeri APODACA, of Irvine,California, its true and lawful age ke, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed' s P , and the execution of . such bonds or undertakings in pursuance of these r 9 in pany, as fully and amply,to all intents and purposes,as if they had been c ac gularly elected officers of the Company at its office in Baltimore,Md.,inr pets o attorney revokes that issued on behalf of Jeri APODACA,dated 71 ` The said AssistantIc 0 fy]iat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- a any,and is now in force: IN WITNESS W 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 'gyp C EP psi` By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President . State of Maryland 1 ss: City of Baltimore f 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. LYNN y0 Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J I'IH'1 D.GYJYJc' -+•VJori I r UULlI.. w�i�r .� •,• �•• 6121 Bollinger Canyon Road #500 San Ramon, CA 94583 May 8, 200 VIA FACSIMILIE: 925.313.2333 No. of Fax Pages: 'I Contra Costa County Public Wor6 Department 255 Glacier Drive Martinez, C 94553 ATTENTIOI$I: Teri Rie, Associate Civil Engineer SUBJECT: Request-for Reduction in Performance Bond Dear Teri: Please authl rize a Bond Reduction for these ROW Landscape 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 aci<n1owledge below. Thank you. Cathy TayTa lo� t _ Lennar- Ba I Area Land Project aka �ommunity Name: . Windemere, San Ramon Principal; Windemere BLC Land Company, LLC Surety: Fidelity and Deposit Company of Maryland Subdivision umber: SD 05-08927 aka Village 43 Date of Bon July 11. 2005 Original Boni Number: 08745437 Original PerPgrmance Bond Amount: $123.400.00 . .Rider Amount : $18,510.00 (15% of Origina�Performance bond amount) BOS approved Agreement Reso. No., 2005 / 695 — October 25, 2005 Authorization: X50 Teri Rie, Ass cit CKEn er Date Engineering Se es Division, CCC-PW (925) 313-2363