Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-549 CONTRA COSTA Co Recorder Office Recorded at the request of STEPS L, UEi Clerk-Recorder Contra Costa County DOC' 0 2091- 51'0966"`0��jj�� ) Board of supervisors Wedn*sday, SEP 14 2005 13:15:18 Return to: Public Works Department FRS $� @� Engineering Services Division Tkl Pd $8.00 ibr-9002598291 I rclR9/I-B THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 13„2005, by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover'and Uikema NOES: None ABSENT: ` None ABSTAIN None RSaTI{3i SUBJECT: Accepting completion of improvements for Hidden Valley Detention Basin,DA 00- 00005(cross-reference Subdivision 95-07976),San Ramon(Dougherty Valley)area. (District III) These improvements are approximately located near Albion Road between Harcourt Way and Silva Way. The Public Works Director has notified this Board that the improvements in DA 00-00005 have been completed as provided in the Drainage Improvement Agreement with Windemere BLC, Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. BB:rm G:\GrpData\EngSve\BO\2005109-131DA 00=00005 BO 45.doc 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 I.D.94-3291516 Supervisors on the date shown. cc: Public Works T.Bell,Construction Div: -M.Valdez,M&T Lab �-- H.Finch,Maintenance Div. ATTESTED: 4 % »bGY /,9. ays­ -I.Bergeron,Mapping Div. -T.Rie,Engineering Svc, JOHN S WELTED, Clerk of the Board of Supervisors and T.-July 13,2006 County Administrator Sheriff-Patrol Div,Commander CHP,c%Al CSAR-Cartog Windemere BLC Land Company,LLC 6221 Bollinger Canyon Road,Ste 500 By , Deputy San Ramon;CA 94583 Attn:Brian Olin The American Insurance Company' 5'Peters Canyon Irvine,CA 92606 ;,RESOLUTION NO.2005/ SUBJECT: Accepting completion ofimprovements for Hidden Valley Detention Basin,DA 00- 00005(cross-reference Subdivision 95-07976),San Ramon(Dougherty Valley)area. (District III) DATE: September 13 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 13,2005 thereby establishing the six-month terminal period for the filing of iens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY January 15, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$539,500.00, Bond No. 11133599354 issued by the above surety be RETAINED for the six month lien> guarantee;perioduntil March 13,2006, 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 Hidden Valley Detention Basin is ACCEPTED AS COMPETE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$10;800.00 cash deposit(Auditor's Deposit Permit No.379205 dated December 24,200 1)made by Windemere BLC'Land Company,LLC and the performance/maintenance surety bond rider for$160,230''.00,Bernd No. 11133599354 issued by The American Insurance Companybe 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. ��S�cs/'w�'►+P� �o . cam"ea�s vr" �,�"' Increase or Decrease Band Pity Rider Rider to be attached to and form apart of Bond Number 111 3359 9354 dated the 18`x" day of December . 2001 executed by The American Insurance Company : Surety, on behalf of Windermere BLC Land Company, LLC , Principal,and in favor of the County of Contra Costa Obligee for Development No:'DA 0005, Tract 7976. It is understood and agreed that the Bond Penalty is changed: From: One Million`Sixty'Eight Thousand Two Hundred and NO/100's Dollars ($1,068,200.00) To: One Hundred Sixty Thousand Two Hundred Thirty and NO/100's Dollars _'($160,230.00) Effective: July 8, 2005 Provided,''however, that the aggregate liability of the Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned'sums. The liability of the Principal and the Surety under the Bond and under the Bond as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the above mentioned Bond other than as stated above. Signed, sealed, and dated this 8`h day of July 2005 PRINCIPAL By: (see attached signature page) The American Insurance Companv SURETY Bu� Seal) Eileen M. Robison ATTORNEY IN FACT WINDEERE 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:_ a G' am#,Vice President r By: Cindy lbomp n,Assistant SeCTIMY W CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Gsllfomia County of Orange On July 12, 2005 before me, Dina Prints, Notary Public, personally appeared Greg Pomi and Cindy Thompson, personally known to me to,,be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. vdIwo Witness my hand and official seal D€NA PRiNV Commission'# 1453610 Notary PubliC-California. drange County OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Grea Pomi—Vice President Lennar Homes of California. Inc. Cindy Thompson - Assistant. Secretary Lennar biomes of California. Inc. D SCRIPTON OF ATTACHED DOCUMENT Type of Document: Increase or'Decrease Bond Penalty Rider for Surety Band No. 111 3359 9354 Number of Pages: Two (2) Date of Document: _July 8, 2045 Signers (other than those named above):Eleen M. Robison CALIFORNIA ALL-PURPOSE ACKNO GMENT State of California ss. Countyof On e'7 iz oS before me, tis-kt.t -Z-Ul1i . �D- t�, �c .Date Name and Title of Officcer "Jane ,Notary Public"} personally appeared le avert Names)of ftner(sp isonally known to me proved to me on the basis of satisfactory evidence to be the person(` whose name($) is/ate subscribed to the Within instrument and acknowledged to me that t)6/she/tVey executed the same in 0/her/tloir authorized capacity(i }, and that by hlherlthir r KRISTIN A.GA7Zt7Ll signature(on the instrumerit the person(, or 0 COMM. #1486119 > the entity upon behalf of which the person NOTARY PUBLIC-CALIFORNIA I acted, executed the instrument. MARIN COUNTY My Comm,Expires APRIL 29,2008 "A WITNESS y hand and official seal. Place Notary seat Above sirnatute of ata P' � s 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 'i'it#e or Type of Document: / Document Date: Number of Pages: Signer(s)Cather Than Named Above:' Capacity(les)Claimed by Signer Signer's Name: • individual top of thumb here © Corporate Officer—Title(s): Partner ©Limited D General 0 Attorney in,Fact © Trustee © Guardian or Conse or 0 Cather: Signer Is R resenting: FIRC AN'S FUND INSURANCE COMPANY NATIONAL SURETY OORPOL&TION AS.SOC ATED MENDUY CORPORATION TBE AMERICAN Ih SURANCE COMPANY AMERICAN AUTtfMORILE INSURANCE COMPANY GENERAL POnR OF AVORNEY KNOW ALL MEN BY TIDE.PRESENTS: That FIRMAWS. FUND INSURANCE COhffAn a California corporation, NATIONAL SURETY CORPORA 10K an Illinois cotporat oa.THE A1IERICAN INSURANCE COMPANY,a Nev Jersey corporation redomest cated in Nebraska, ASSOCIATED ]ND6M RTY CORPORATION, a Califeorporatic ut and AJ&MCAX AtTrOMOBI E INSURANCE' COMF'ANX a Idissourt corporation,(herein collectively called"the Companies')does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful An orney(*in-Fact, with Etch power of;audwrity hereby conferrod in their name, place and stead, to execute, seal, acbxm edge and deliver arty and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were sued by the President,sealed with the corporate seals of the Campo es and duly e t becl by the Com'Som,hereby ratifying ad confirming all that the said Aumney(s)-in-Fact may do in the premises This power of attorney is granted under'and by the authority of Article VII of the By--laws of each of the Companies which provisions we now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies ata meeting duly called mad held,or by written consent,on the 19th day of March,1995,and said Resolution has not been amended or repealed: "RFSOLVHDI that the signature of any'Vice-President,Assistant Secrttari,and ResidentAssistent Secretary of the Companies,' and the seal of'ttte Compantes may be affixed or printed on any power of aumney,on any revocation of any power of attorney, or on any certificate rblatiag thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certi icatr.bearing such facsimile signature or facsimile seal shall be valid and binding upon..the Companies." IN VATNESS WRAF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 2nd day of 2001 trRtr �r E FIREMAN'S FIND INSURANCE COMPANY �.�;:••�. ° �}�` •""` , d"' NAnONAL SURETY CORPORATION' i1 E A L >a' 7�ANZRICAN INSURANCE COMPANY •errarrxrr ASSOCIATED INDE&MY CORPORATION ' '" '•,;• •` ` rL��••» " '`'tr`--',Yo` AMERICAN AUTOMOBnE INSURANCE COMPANY yy a ,,,...r•: cs MICE sans. STM 0 COUNTY OF MARINA SS. By Vuz4 tsident On this 2nd ;day of NoXe ber „ 2001 ,before me personally came: Dann R. Kolbeck to use known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above Wit;that he knows the seals of the said Companies;that the seals affixed to the;said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN V NFSS'44EPMF,I have hereunto set my hand and:affixed'my official seat,the day and year herein fast above wrium r KRISTIN A GAZZOLI A comm.li2s2236 YR: NOTARY PUBUGAU CFORNIA RAARIN OVJNTY a Aly comm.EVUft AprN 24.2004 STATE OF CAL*XMNJA SS. CERTIFICATE COUNTY OF 11 ARIN L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article V11 of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,ares now in force. Signed and sealed at the County of Marin. Dated the 8th day of July 2005 W ♦ , • ! ! aH q «• {`Nt E c��` etre` `ct rr !° Resident Assistant S M