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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-599 CONTRA COSTA Cc Recorder Office Recorded at the request of: S ERM L. C1,n ` ` r �' + : Contra Costa County DOC— 20 0 — 37��35—�0 Board of Supervisors �� � Return to: Wednesday,, SEP 28, 200610:57-36 Public Works Department FRE 30.E Engineering Services Division t L;3 Pd $0.00 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA. Adopted this Resolution on September 27,2005, by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None'' SUBJECT: Accepting completion of drainage improvements for Windemere Water Quality Ponds 3'& 4, DA 00-00007 (cross-reference Subdivision 95-07976), San Ramon (Dougherty Valley)area. (District ffl) These improvements are approximately located west of Watermill Road between Harcourt Way and Albion Road. The Public Works Director has notified this Board that the drainage improvements in DA'00- 00007 (cross-reference'Subdivision 95-07976) have been completed as provided in the Drainage Improvement Agreement with Windemere BLC Land Company,LLC,heretofore'approved by this Board. LL:rrn'' G:\GrpData\EngSvc\B©\2005\0927\DA 00-00007 B045.dac Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri mplet dby C action taken'and entered on the minutes of the Board Of Recording to be completed by COB I.D.943291516 Supervisors on the date Shown. cc: Public Works T.Bell,Construction Div.'- -M.Valdez,M&T Lab I.Bergeron,Mapping Div. ATTESTED:.=A v-".6e_V.- �G24Ch5-` - .Balangan,Engineering Svc. TJJOHN'''SWEETEN,'Clerk of the'Board of Su ervisors and -T.-July 27,2005 p Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al. ; CSAA-Cartog Windemere BLC Land Company,LLC Atte:Brian Olin 6121 Bollinger Canyon Road By ,Deputy San Ramon,CA 94583 The American Insurance Company Attn:Eileen Robison 777 San Marin Drive Novato,CA94998 RESOLUTION NO,2005/ SUBJECT: Accepting completion of drainage improvements for Windemere Water Quality Ponds 3 & 4, DA 00-00007 (cross-reference Subdivision 95-07976), San Ramon (Dougherty Valley) area. (District III) DATE: September 27,',2005 PAGE: 2' NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 27,2005 thereby establishing the six-month terminal period for the filing ofliens 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$226,500.00, Bond No. 111 3359 9362 issued by the above surety be RETAINED for the six month lien guarantee period until March 27,2006,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 improvements are ACCEPTED AS COMPLETE. Upon acceptance by the Board'of Supervisors,the developer,Windemere BLC Land Company,LLC shall'retain the improvements for a five year maintenance period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$4,500.00''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$67,280.00,Bond No. 1113359 9362 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406'ofthe Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. 'a Increase or Decrease Bond Penalty Rider Rider to be attached to and form a part of Bond Number - 1113359 9302 dated the 181h day of December' , 2001 executed by The American Insurance Company ,, Surety, on behalf of W ndemere BLC Land Company.LLC , Principal, and in favor of the Coun of Contra Costa ,Obligee for Development No: DA 0007,Tract 7976. It is understood and agreed that the Bond Penalty is changed: From: Four Hundred Forty Eight Thousand Five Hundred and NO/100's Dollars ($448,500.00) To: Sixty Seven'Thousand Two Hundred Eighty and NO/100's Dollars($67,280.00) 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 ' day of July 2005 . PRINCIPAL By: ( See attached signature page') The American Insurance Company SURETY (Seal) Eileen M.Robison ATTORNEY IN FACT WINDEMERE ULC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMER.E,LLC.,a Delaware limited` liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,''its Managing Member By: Greg om vice President By: Cindy Thomps ,Assistant CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 12, 2005 before me, Dina Pr ntv, Notary Public, personally appeared Greet 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. Witness my hand and official seat. --- ==oINA y Commission#14536101 /j Notary Public.California Orange Couniy *Comm.ExpMu Nov 28.2047 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 farm. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESEN71NG: Greg Porn!—Vice President Lennar Homes of California Inc. Cindy Thomason -Assistant. Secretary, Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Increase or Decrease Bond Penalty Rider for Surety, Bond No. 1113359 9362 Number of Pages: Two (2) Date of Document: July, 8. 2005 Signers(other than those named above)*Eileen M. Robison CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss.� L��Tt On 17 ..> , before me, v-h�-, 6�2 Zz Iiy A, 1� ate I Name and 11E1e of officer(®.g..Jame Doer,t Mary Public personally appeared %t Name(s)''of Signer(s) ' �sonally known to me 0 proved to me on the basisof satisfactory evidence to be the person(X whose 'name(o is/aP6 subscribed to the within instrument and acknowledged to me that hX/she/tt)6y executed the same in Vs/her/weir authorized capacity(ie and that by fs/her/ttir KRISTIN A.GAllOLI D signature( on the instrument the person(,5Y, or COMM. #1486119 NOTARY PUBLIC c IFORNIA the entity upon behalf of which the pera"on ( MAR1N co> 1v 0 acted, executed the instrument. My Comm.Expires APRIL 29.2008 WITNESS,'my hand and official seal. 1 Piece Notaty'Seal Above signature lic 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: Document Date: Number of Pages- Signe r(s) ages:Signers)Other Than Named Above` Gapacity(ies) Claimed by Signer �. Signer's Name: Individual Top of thumb here ❑' Corporate Officer—Title(s): -' Partner—©'Lim€ted' 0 Genera( Cl Attorney in Fact Cl Trustee Guardian or Conserv r ED Other: Signer Is Re senting: FIREMAN'S Fill►INSURANCE COMPANY NUZONAL SURETY CORPOUnON ASSOCIAM DMPJ M CORPORATION TSE A'M CAN b I i CE COMFANT AMERICAN AU OMOME>NS ANCE COMPANY GENERAL POWER OF ATYORM KNOW ALL MEx BY TIESE.PRESSEINT5. That FItt1: "S FUND INSURANCE COIAPANY,'a California corporation,NATIONAL SURETY CORPORATION,apt Zkoitcorpmmdon,nM AMERICAN INU ANNCS COI 'ANX a Now Jersey corporation redomesticated in Nebmska. ASSC')CIA'Tw 7NwB1 ar Y CORPORATION,.OYtATlON, a California corporadoi% and AMERCAN AMrOMOBILE INSURANM CONW-ANY,a Miiissouri corporation,Men mi collectively called"`tire Companies")does each hereby appoint Eileen M. Robison of Novato, CA their Erne and lawful Anmrney(s}in-Fact, with full power of authority hemby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and at bonds,undertakings,recognizances or other written obligations in the nature thexeof-- ---- ___ a©d to bind the Coompaaies do by as falty and to the same extent as if such bonds were signed by the Wit,sealed with tlnc c orpotite seals of the C i and duly attested:by the hies'Secretary.hereby ratifying and confirming all that the said AttonwAs)-h-Fact may do in the prmnises.. This p of gummy is granted ander and by the audtcnity of Article VII of the By-laves of each of the Companies which provisions are now in full force and effect. This;power of attorney is signed and seed under d e authority of the following Resolution adopted by the Board o(Direams of each of the Com at a meeting'dryly cid and held,or by written consent,on the 19th day of Mgrch,1995,and said Resolution has not been amended or repealed: "RESOLVED.that the signature of any'V ce- dent,Assistant Seem,and ResidentAssistant Secretary of the Companies, and the seal of the Companies may be affixed or pyimted on any power of attorney,on any revocation of any power of attorney, or on any*4 ftate relating thereto,by facsimile,and any power of attorney any revocation of any pourer of attomey,or emliftcate bearing such facsimile signature or facsimile seal shall be valid and binding upon the;Companies." IN'VdTN1sSS WIMROF,the Cetmpanies have caused these presents to be signed by their Vice-President,orad their corporate sews to be hereunto aft this 2nd day of 2001,_. craa►x :, SAN'S FLIND INSU ANCE COMPANY 4,.`�•i••,,, .ma y a MMONALL SURETY CORPLRMON iEPT xr1D ty'�.•....•�`� ;, `` '*'tc,, 0eirnw, ME Al CAK IISLRANCE COWANY ASSOCLAMED IlEMM1Y COEPORAnON AMERICAN AU'I't MOBUE INSURANCE CC`fWANY 0 STATE OF CALIFORNIA ISS. , By 0.1,COUNTY OF MARTIN `Vicl�t°taside u On this 2nd day of November , 2 U O1 ,before me personally came Bonn R. Kolbeok to me known,who,being by me duly sworn,did depose;and say:that he is a Viae-Presidmt of each company,dcscsr'bed in and which executed the above instrument that be knouts 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 YMNESS VM8RHOF.I have hereunto,set my hand and affixed'my official seal,the day and year herein first alcove written. r KRISTIN A GAZZOLI D 0 COMM.#11262236 NOTARY PUSLIC rAUFORNIA T MARMIX)OP Y 0 MY COMM ftwft AW 2$.WUt fiT STATE OF CALIFORNIASS. CERTIFICATEtry COUNTY OF MARIN L the undersigned, Resident Assistant Secretary of each company, DO HEPMY CI R 1FY that the foregoing and attached POWER. OF ATTORNEY remains in fall force and has not been revoked;and fmdu n wre that Article VIl of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,arc now in force. Signed and sealed at the County of mm n. bated the 8th day of July 2005 \ O Cha "tt..w•O�'� i�• �' "tr dG �''....•'''`.♦ �. '�A'CS CQ�` "�'�kCf•z"" Oita, ` RcsideU A.SSisant SpdQM