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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-551 CONTRA COSTA co Recorder Office Recorded at the request,of: STEPHEN L. w1 Clerk-Recorder Contra Costa County DOC— 2000 24351098-00 Board of Supervisors WodnesdaRY, SEP 14, 2W5 15:15:26 Return to: FRE Public Works Department FRE 1re A{+! +� Engineering Services Division #t l Pd $0,01 Nbr-ON2898L�}9�i Y rc!R9!i-1'Ql 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 Ulkemn NOES: None' ABSENT: None ABSTAIN; None - - RSOL �TIOI�t N0. 20t}51 ��� UBJECT: Accepting completion of improvements,DP 03-03037 cross-re erence u division 95-07976), San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Watennill Road and Bollinger Canyon Road. The Public Works Director has notified this Board that the improvements in DP 03-03037 (crass-reference Subdivision 95-07976) have been completed as provided in the Subdivision Agreement with Windemere'BLC Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT.rm G:\GTppatalEngSvclBOS2005109-13\DP 03-03037 BO-45 DV.doc Originator: Public Works(ES) I hereby certify that this is a'true t, and correct copy of Contact:Teri Ric,ompleted an action taken'and entered On the minutes of the Recording to be completed by COB 1.D.94-3291516 Board of Supervisors on the date shown: cc: Public Works T.Bell,Construction Div. -M.Valdez,M&T Lab H.Finch,Maintenance Div. -1.Bergeron,Mapping Div. C.Mohammed,Engineering Svc. /{ T.—July':13,2006 ATTE r�TED:+CK 119, _ Sheriff-Patrol Div.Commander JOHN SWEETS , Clerk of the Board of CHP,c/o AI CSAA-Cartog Supervisors and County Administrator Chris Low,City of San Ramon 2222 Camino Ramon,Sart Ramon,CA 94583 Windernere BLC Land Company,LLC 6121 Bollinger Canyon Road,#504 r San Ramon,CA 94583 By � , Deputy Atm:Brian Olin The Continental Insurance Company 2600 Lucien Way,Ste 130 Maidand,FL 32751 Atte:Patricia R Brelmer RESOLUTION NO.20051 SUBJECT: Accepting completion of improvements,DP 03-03037(crass-reference Subdivision 95-07976), San Ramon(Dougherty Valley) area. (District HI) 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 liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAMEOF SURETY June 15, 2004 The Continental Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,352,650.00, Bond No.929 322 963 issued by the above surety be RETAINED for the six month lien guarantee period until 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 Community Center and Library site improvements are ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the Community Center Building, Library Center Building, and site improvements on the Community Center and Library parcels for maintenance in accordance with the Dougherty Valley Memorandum ofUnderstanding. The Contra Costa County Building Inspection Department has issued an occupancy permit which allows the Community Center and Library buildings to be accepted by the City of San Ramon for their use. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $27,050.00 cash deposit (Auditor's Deposit Permit No. 420937, dated March 11, 2004) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $401,740.00,Bond No. 929322963 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. All deposit permits are on file with the Public Works Department. BOND NO.929322963 RIDER To be attached to and form a part of Bond No. 929322963' executed by WINDEMERE BLC LAND COMPANY LLC as Principal and by THE CONTINENTAL'INSURANCE COMPANY as Surety, in favor of COUNTY OF CONTRA COSTA and effective as of February 27,2004 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing Performance bore amount: FROM: $2,678,250.0€! TO: $4ol,74o 00 Nothing heroin contained shall-vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 6th day of July . 2005 Signed and sealed this 6th day of' July 2005 WINDEMERE SLC LAND COMPANY LLC Principal BY: (See attached signature page) THE CONTINENTAL INSURANCE COMPANYL_�"' rety B L} Accepted: Rhonda C. Abel Atto y-in-Fact COUNTY OF CONTRA'C Obfigee BY: 'WfNmmn RLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WIND MERE,;LLC.,a Delaware limited liability company,its Managing Member By.LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member B . Lawrence H.Thompson, ice President By; �J 'SLR Dec Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of'Cali mia County of Orange On July;7. 2005 before me, Dina Prints, Notary Public, personally appeared Lawrence H. Thomgs©n and Dee Baker, personally known to-me to be the persona 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. Witness my hand and official seat. I D -= C3NA Pi?uvty _ Commission# 1453610 J 6,MyComm, Notory Public-CaliforniaOrange County Expires Nov 28,2007 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: Lawrence H. Thomason-Vice PresidentLennar Homes of California, Inc. Dee Baker-Assistant. Secretary Lennar Homes of`California. Inc. DESCRIPTION OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 929322963 Number of Pages: One'(1) . Date of Document. July 6. 2005 Signers(other than those named above):Rhonda C. Abe! CA41FORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 Stateof California' County of Orange On July 6, 2005 before me, G.L.Reza,Notary Public BATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rhonda C Abel NAME(S)OF SIGNER{S} ® personally known to me-OR- ®' 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/her/their authorized capacity(ies),'and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. G. L. REZA' COMM.#1395003 NOTARY PUBLIC-CALIFORNIA Z ORANGE C0I1I1rY WITNESS my hand and official seal: My Catnm.Exp. Jan. 21,2007; NAT OF NOTARY G.L.Reza 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 DESCRIPTION OF ATTACHED DOCUMENT' ❑ INDIVIDUAL [❑ ;CORPORATE OFFICER' TITLE OR TYPE OF DOCUMENT TITLES} ❑ PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING; DATE OF DOCUMENT NAME OF PERSONS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE s-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-1N-FACT Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporation,and Firemen's insurance Company of Newark.New Jersey,a New Jersey corporation(herein called"the CIC Companies"),are duty organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seats herein affixed hereby snake,constitute and appoint Mike Parizino,LindaEnright,'Rhonda C.Abel, James A.Schaller,Jane Kepner,Nanette Marietta-Myers,Patricia H. Brebner Alexis H. B an,Leigh McLlonough,'Individually of Irvine,California their true and lawful Attomey(s)-iia-Fact with full power and authority hereby conferred to sign,seal and execute for and on their 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 their corporations 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 Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 2nd day of April,2002.. Kp�L 1 N SLS L�td�cfi+tNr 8r •' MOW r: b The Continental Insurance Company Firemen's Insurance'Company of Newark,New Jersey 4. Michael Gengler Group Bice President State of Illinois,County of Cook,ss: On this 2nd clay of April,2002,before'me personally came Michael Gengler 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 Group Vice President of The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance Company of Newark, New Jersey,a New Jersey corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate-.seals;-that they were so affixed pursuant to authority given by the Boards of Directors;,of said'corporations and that hesignedbis name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEAL' c DIANE FAULKNER Notary Public,State of Illinois My Commission Expires 9/17105 s--~ My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's Insurance'Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is stili in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations 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 corporations this 6th day of July 2005 • TN4 �QYrr 0 X9 ............. �y , 4. uw'�, The Continental Insurance Company Firemen's Insurance Company of Newark,New Jersey : :?, Mary A.Rlbikawskis Assistant Secretary (Rev. 10111101) , Authorizing By-Laws and 'Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: 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 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is;authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seat of the Company. 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." ADOPTED BY THE BOARDOF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY: ` 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 FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written consent dated the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is, authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. ` 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." In amordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance;policies on which one;or more of the Writing Companies identified below is the surety,'or insurer,` To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the 'Writing Companies") as surety or insurer. Western Surety Company, Universal Surety of America, Surety banding Company of America, Continental Casualty Company, National Fire Insurance Company of.Hartford, American Casualty Company of Leading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. The premium attributable to coverage for terrorist acts certified under the Act was Zee Dollars ($0.00). LOOM The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible.