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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-564 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''Uilkema NOES: None ABSENT: None ABSTAIN- None RE�SOI��JT. ON NO2�11�C � ' SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, for Road Improvement Agreements for RA 00-01110 and RA 00-01110 Extension(widening of Point of Timber Road)(cross-reference Subdivision 96-08023),Brentwood area. (District III) On July 13,2004,this Board resolved that the improvements for Road Improvement Agreements for RA 00-01110 and RA 00-01110 Extension(widening of Paint of Timber Road)(cross-reference Subdivision 96- 0 8023) 6-08023)were completed as provided in the,Subdivision Agreement with Hofmann Land Development Company and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT<RESOLVED''that the Public'Works Director is AUTHORIZED to; • refund the$2,800.00 cash deposit(Auditor's Deposit Permit No.371353,dated July 11,2001)plus interest to Hofmann Land Development Company in accordance with Government Code Section 53079(if'appropriate) 'Ordinance Code Section 94-4.406, and the subdivision agreement; and • refund the$2,600.00 cash deposit(Auditor's Deposit Permit No.373955,dated September 6,2001) plus interest to Hofinann Land Development Company in accordance with Government Code Section 53079(if appropriate),Ordinance Code Section 94-4.406,and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Road Improvement Agreement for RA 00-01110 and performance,surety bond for$281,300.00, surety bond no. 11141714052, issued by The American Insurance'Company, are exonerated. BE IT FURTHER RESOLVED that the warranty period has been completed and the Road Improvement Agreement for RA 00-01110 Extension and performance surety bond for $255,500.00, surety bond no. 11141714185,'issued`by The American Insurance Company, are exonerated. ID:rm I hereby certify that this is a true and correct copy of an G:\CirpData\EngSvc\BO\2005\09-13\RA 00-01110 130-60:doc action taken and entered on the minutes of the Board of Supervisors on the date shown. Originator: Public Works(ES) Contact: S.Gospodebikov(313-2316) I.D.68-0419482 cc: Public Works -M.Valdez;M&T Lab ATTESTED; -fe. `e, r15 -T.Bell,Construction -J.Dowling,Engineering Services JOHN SWEETEN,nerk`of the Board of Supervisors and Current Planning,Community Development County Administrator Hofmann Land Development;Company 1380 Galaxy Way,Concord,CA 94522 The,American Insurance Company 777 San Marin Drive,Novato,CA 94998 BY ,Deputy RESOLUTION NO.20051 ` � _ ` "OIIRCE OF.COUNTY Y PITO':CONTROLLER' TO THE TREASURER: MARTINEZ,CAUPORNIA RECEMH)1~'PoOI#i ORGANIZATION NUMBER 3 (For Crash Collects Procedures see County;;AcSninistrator's Bulbtin 105.) DESCRIPTION FUND/ORt, ACC TASK OPTION' ACTIVITY AMOUNT -A Ail 641 €� L� ed t° ;4 rkr LL kt I a i a 5 W7 4 Ia EXPLANATNCIN TOTAL t DEPOSIT 4f r - Deposit consists of the following sterns F, "' r f'" 'i 1 COIN and CURRENCY $ I ` CHECKS,MO,ETC. $ ' BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT' PERMIT r DP NUMBER r 4�„-.r r t ... BATE ,; ASSIGNED --�-� The on=nt of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Tregsury. acknowledged. Signe ° t Date;-_ r EXT / Deputy County Auditer Deputy County Treasurer 7-34 REV(7-43) ��I l b5 .................. 4 7111 TI!, 77 5 OFFICE OF COUNTY AUDITOR-CONTROUM, MARTINEZ,CALIFORNIA TO THE 100"PUR: RF-FP FE ORGANIZATION NUMBSW1 Ilk (For Cash Collection Procedures see County Administirotor's Bulletin 105.) DESCRIPTION f UND/ORG SUB. TAW OPTION ACTIVITY AMOUNT ACCT. I L T�i. f. f I f 1-t I I I I I I I I I I I im L I I I I I I t I IMIM I j I I I i A I L EXPLANATION: TOTAL DEPOSIT Deposit consists of the following ham COIN'and CURRENCY $ CHECKS,M.0,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PMIT NUMBER DATE ASSIGNED The amount of money described,Z-0—ve is far Treasurer's receipt of above amount is approved, Receipt of above amount is hereby Treasury.deposit into the County asury. ad(novviedged. Srgaerlt, A Date,' el-I-— j Signed: L Signed: TMJ�' Deputy County At itor Deputy County Treasurer 3-34 REV(7-93) 0648+9140 / 112200: G1188818, City of Brentwood, 708 Third St. Brentwood, CA $76,911.6►0, BW DA 105 S.R. $155.763.40, BW DA 104 S.R. 0649-9665 / 112800, G1161370, $9,600.00I, RA 05-01198, Road'Acceptance Inspection Fee Deposit, Windermere RLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94588 0649-9665 i 112300, G1161373,$119.500,00, RA 04-01174, Road Acceptance Inspection Fee Deposit,' Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite'500, San Ramon,CA 94583 0649-9665 / 112300, G1161376, $20,500.00 RA 04-41174, Landscape Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon''Rd., Suite 500, .San Damon, CA 94583' 0649-9665 / 112300, G1161378,$9,100. I, Sub 05-08927, Landscape Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, G1161380, $8,800. , Sub 05-0898 Landscape Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, 61161382,$l 1,M.00, Sub 05-08929 Landscape Improvement Inspection Fee, Windemere BLC Land Company; LLC, 6121 Bollinger Canyon Rd., Suite'500, San Ramon, CA 94583 0649''-9665 / 112300, G1161384, $9,778.00, RA 05-01193, Road Improvement Plan Review, Shapell Industries of Northern California, A Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112304, 61161385, $9,658.00, 5D 78-04990 Inspection Deposit, Mariner Estates, LLC, 222 Rash Landing'Rd., Novato, CA 94945 0649-9665 / 112300, G1161389,' $1.400.00, Drainage Permit 409-05, Cash Deposit, Oskar G Sundstrom, 5316 Sobrante Ave'., El Sobrante, CA 94803 0649-9665' / 112300, G1161390, $500.00, FS 3024, Record of Survey Deposit, Carlson Barbee & Gibson, Inc., 6111' Bollinger Canyon Rd. #150, San Ramon, CA 94583 819800.0800, 01161371, $11,0100.00, RA 05-01198, Performance Cash Bond, Windemere BLC Land Company, LLC,:6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161375 $25.8 M.00,RA-04-01174, Performance Cash Bond, Windermere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161377, $3.8001.t)0, RA 04-01174, Performance Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161379 $1.200.00, Sub 05-08927, , Performance.Cash Bond, Windemere BLC Land Company,'LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, G1161381, $1.200.00, Sub 05-08928 Performance 'Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800, 61161383, $.1.700.00, Sub 05-08929, Performance Cash Band, , Windemere BLC Land' Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN DUPLICATE Band No.: SU 5015794 Development: RA OL-01198 (cross-ref SUB 85101 Premium: $1,240.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREXMEHT (Performance,Guarantee,:and Payment) (California Government Code §§ 66499 66499.10); 1. RECITAL oP P-OAn IMPROVEMENT AcRREMENT: The Developer(Pnneipal)has executed an agreement (Road Improvement Agreement) ;with the County to install and pay for street, drainage and other improvements an, or along RA 05-Oi 198 (cross ref SM 81101 to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Wie e d Company.LLC as Principal and Arch Insurance Comnanv d corporation organized under the laws of the Smte of Missouri , and authorized to transact surety business in California, as Surety, hereby Jointly and severally'bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra:Costa,California to pay as follows: A. Performance: {brie H_Urtdred Twenty Four Thousand.and QD/1 QQ-Dollars,(S -124,000,00 00,00 for itself or any city assignee under the above County Road Improvement Agreement,plus a. Payment: Sixty Semen Thousand]-ive_Hundred and 00/100 Dollars(S,.-.67,500.00- )to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of. California. 3. CONDITION: A. The Condition ofthis obligation as to Section(2.A.)above is such that iftbe above banded Principal, or principal's heirs,''executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or Its part, to be kept and performed at the time and in the manner therein specified and its all respects according to their true intent and meaning and shall inderiinti y and save harmless the County of Contra Crista or city assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain:in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered: B. The condition of this obligation, as to Section (2.8.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in toe performance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agroad that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title°15(commencing mencing with Section 3082 of Parr 4 of Division 3) of the Civil Code of the State of California,so as to give'a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be'fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or anyplan or specification of said work agreed to'by the Principal and the County shall relieve the Surety from liability on this bond and consent is, hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil'Cade Section 2919 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on July 11, :.2005 PRINCIPAL: See Attached Signature Block SURETY: Arch insurance Company Address6121 Bollinger Canyon Rd. ,Ste.500 Address: 135 N. Los Robles Ave. #825 City: San Ramon, CA 94583' City: Pasadena CA 91101 By: By: Print Name: Print Name: Rhonda C. Abel Title: Title: Attorney-in-Fact M4 Uasrxu•s.cFom,543t1 wQN1hE3r•9 aoc WINDEMERE'BLC LAND COMPANY,LLC.,a California limited liability company By:LEFT-OBS WINDEMER ,LLC.,a Delaware limited liability company,its Managing Member By:LENNAR-HOMES OF CALIFORNIA,INC.,a California Corpomtion,its Managing Member By:; Greg Pom', i``PksidWniV By Cindy Thump n,Assistant Secr` ry "" 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 12, 2005 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and Cindy Thompson, personally known to me to be the persons whose names are subscribed to the withininstrument'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 seal. ---D Commission#1453610 Notary Public•Calltornlo ®range County My Comm.Expxes 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 Greg Pomi —Vice President Lennar Homes of California. Inc. Cindy Thompson - Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SUS015794 Number of Pages: Three (3) Date of Document July 11, 2005 Signers'(other than"';those named above):Rhonda C. Anel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Califomia County of Orange On July 112005 before me, Rosa Estela Rivas,Notary Public DATE 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=bf 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. ROSA ESTELA RIVZ4 COMM # 1447661 NOTARY PUBLIC CALIFORNIA r- 0 ORANGE COUNTY official WITNESS my hand and ocial sea[. SIGNATURE OF NOTARY 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 F-1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED H 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 SA0671GEEF 2196 01993:.NATIONAL NOTARY ASSOCIATION-6236 Pernmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY Know All Man 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.Abet,Jeri Apodaca,Jane Kepner,Nanette Myers,Mike Parizino,.lames A.Schaller,Rachelle Rheault,Ashley Ward, Grace Reza and Rosa E.`Rivas of Irvine,CA{EACH} Its true and lawful Attorney(*In-Fact,to rake,execute,seal,and deliver from the date of Issuance of this powwer'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 brands 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 6'amiahadfikih,duly executed and acknowledged by its regularly elected officers'at Its principal''office in Kansas City,Missouri. 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: NOTED,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-Infect, 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 adapted 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 Vice President,the seal of the Company,and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant.to the'resolution adapted by the Board of Directors on March 3,2003,and any such power so executed,sealed and c certified with respect to any bond or undertaking to which It Is attached,shall'continue to be valid and binding upon the Company. OOMLOO13 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 14th day ofJune 240_5 . Arch Insurance Company Attested and Certified HAL Mary Jer 0rs6—R,::V1ce President Edward M.Titus,Vice President -STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA'SS 1, Kate MarcInkus, a Notary Public,do hereby certify that Edward M.Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents 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 and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINKUS,Notary Public- City of Philadelphia, PhiloC 0amm Kat4e'en Marcinkus,Mary Public My Commission Expires February 26,2006 My commission expires 2-25-06 CERTIFICATION 1, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14,2005 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 cefficate;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. t IN TESTIMONY WHEREOF, I have hereunto subscribed my name and Affixed*e orates Arch Insurance Company on this 11th day of July 20 05 Mary Je rie�derson,Vice President erl This Power of Attorney limits the acts of those named therein to the bonds and�ndertaklngs 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.826 Pasadena,CA 91101 copiouft ion AA OOML001 3 00 03 03 Page 2 of 2 Printed In U.S.A. ..... ...................444�.,.....mff..... ............ M 1W N M-M ...... ro r� IT4 In ur nos group IMPORTANT NOTICE C N CERNIMN THE TI�`'I�I�i�l'ISM DISK INSURANCE ACT OF 002 The Terrorism Risk. insurance Act r f 206. establithes a mechanism by which the federal;government will share, with the insurance industry, in losses arising out of '°els of'terrorism" certified as such by the Secretary of the Treasury. "Certified acts of terrorism"are defined as events that cause,more than $5 million in losses and: 1. Are Violent or dangerous to human lite, property, or tho.infrostructure; 2. Result in damage within the United States; on a United"States mission, or to a United States aircraft or 3. Are committed by individuals, acting on behalf of foreign persons-or interests, as part of an effort to coerce the civilian population of the United-States or to influence the policies or conduct of the United States Government. The Act speeffies that coverage for"certified acts of terrorism" must be made available in commercial-property and casualty policiesof insurance, and it requires insurers to disclose any applicable premium charges and the federal share of.compensation. We making these disclosures in sttidtcoMplianc with the Act. Disclosure of Availability of Coverage for Terrorism Lasses Coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms,amounts, and limiitations generally applicable to losses resulting from perils other than acts of terrorism. Disclosure of Federai Share of Compensation for Terrorism Losses The federal government will pay a 90% share of an insurer's terrorism losses once the insurer has satisfied s s€gnificarit aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the insurer's 2001 direct' earned premium. For losses occurring in 2003, 2004 and M, , the annual insurer de'ductibles:are 7%, 1,6% and 15% of the prior year's direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses associated with `certified acts of terrorism" once aggregate annual insured losses exceed 100 billion. Disdlasure of Terrorism insurance Premium Your Bond premium charge for"certified acts of terrorism"coverage is $0. SR 80 37 (Ed.. 11 02) Mage 1 of 1 Printed in U.S.A.