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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-600 .......... CT OSTACo Recv&tVficf STEMEN L. WEIR C1.04004rd-jer Recorded sit the request of- Contra Costa County 1DOC-- 200� �am 037 336-00 Board of Supervisors Wedrtesday, STEP 2$ 2005 10-57:44 Return to- FRE $0.00 Public Works Department Engineering Services Division Ttl Pd $610 Nbr-0082919766 I r C/Ott/I—7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on September 27, 2005,by the following vote: AYES: Gioia,Piepho,DeSikulnier,Glover and UlIkema NOES: None ABSENT- None ABSTAIN: None SUBJECT: Accepting completion of improvements for.Water Quality'Ponds 5 & 9, DA 00- 00008 (cross reference -SUB 95-07976), San Ramon (Dougherty Valley) area. (District Ell) These improvements are approximately located near Harcourt Way and Village Center respectively. The Public Works Director has notified this Board that the improvements for DA 00-00008 (cross reference SUB 95-07976) have been completed las provided in the Drainage hnprovement Agreement with Windemere BLC Land Company,LLC,heretofore approved by this Board; LT:rm G.-\GrpData\EngSvc\BO\2005\09-27\DA 00-00008 B045 DV.doc Originator- Public Works(ES) I hereby certify that this is a true and correct copy of an Contact. Teri Ric(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 Ub -1.Bergeron,Mapping Div. ATTESTED, L -L Theis,Engineering Svc. JOHN SWEETTEP, Clerk of the Board of Supervisors and -T.—July 27,2006 Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By Deputy Windemere BLAC Land Company,LLC,Arm.B.Olin 6121 Ballinger Canyon Rd,Ste 500,San Ramon,CA 94583 The American Insurance Company,Attn:Patricia Breliner 5 Peters Canyon,Irvine,CA 92606 RESOLUTION NO.2005/ SUBJECT: Accepting completion of improvements for Water Quality fonds 5 & 9, DA 00- 00008 (cross reference SUB 95-07976), SanRamon (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 of liens in case of action under said Subdivision(Right-of-Way Landscaping)Agreement: DATE OF AGREEMENT NAME OF SURETY January 15,2002 The American Insurance Company> BE IT FURTHER RESOLVED the payment(labor and materials) surety for$259,000.00, Bond No. 111 3359 9388 issued by the above 'surety be RETAINED for the six month lien guarantee period until March 27,2005, 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,Widemere BLC Land Company,LLC shall retain the improvements for a five-year maintenance and warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$5,200.00'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$76,920.00, Bond No. 1113359 9388 issued by The American Insurance Companybe RETAINED pursuant to the requirements of Section 94-4.406 ofthe Ordinance Cade until release by this Board. All deposit permits are on file with the Public Works'Department. l�cr se �r I Decrease nd %+de Rider to be attached to and farm a part of Bond)Number 111 3353 93Hdated the I Bch day of Oerember;200I executed by Tlxe AMgjj inn IgMuXance QgWany, , Surety,on behalf of �ibd re BLC Land Company,LLCPrincipal, and in favor of the Qo�,r1�y of or�ttrg Costa Obligee. It is understood=4 agreed that the Bond Penalty is changed: From: Five Hundred Twelve Thousand Eight Hundred and no/l00 dollars($512,800.00) To: Seventy Six Thousand Nine Hundred Twenty and no/l00 dollars($76,920.00) Effective. August 15, 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#his rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the teams, conditions, agreements or warranties of the above mentioned Bonn other than as stated above. Signed, sealed,and dated this 23rd day of August 2.005 . PRINCIPAL By. (See attached 'signature page) The Awn erica psurance Conlpanv SURETY By (Seal) a A.Gamb ATTORNEY IN FACT WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By:LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By:LEI NAR HOMES OF CALIFORNIA,INC.,a California Corporation,its M " g ber By: Greg , ce President By: ti... Cindy Thomp Assistant Secret CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 25. 2005 before me, Dina Printy, Notary Public, personally appeared Greg Porni and Cindy ThoMpeann, 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. A Witness my hand and official seal. DiNA PRiNTY Commission#'1453610 Noiary Public -California Orange County 7 My Comm.Expires Nov 28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document iand could prevent fraud Went reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER ISI 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: Rider for Surety Bond No. 11133599388 Number of Pages: Two f2l Date of Document: August 23, 2005 Signers (other than those named above).Kristin A. Gazzall ACKNOWLEDGMENT State of California } ss. County of Marin On A 3,2005, before me, Banda J. Dickson, personally appeared Kristin A. G oli, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose nares) is/are subscribed to the within instrument and acknowledged to me that helshe/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. WITNESS my hand and official seal. SIGNATURE � _ �� (seat) Brenda J D kson r BRENDA J.DICKSON' C COMM.#1668033 D 6. NOTARY PUMU0 CALIf4RNIA ro Q MAAIN COUNTY d MY CW—6xptrer!!+Dort 17,2016 FIREMAYS F INSURANCE COMPANY NATIONA SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION Tilt AME'IitCAN INStMANCE COMPANY' AM13, ICAN AUTOMOBILE INSMZANCE COMPANY GENERAL POWER OF ArWRNEY KNOW AIL IGEN BY TIMSE PR SENT& That FI EMWS FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATTON,an Illinois corporation,THP AMERICAN INSURANCE COMPANY a New Jersey corporation redomesticited in Nebraska, A SOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AMMOBILE INSURANCE ANN{wE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Kristin A Gazzo:li of Novato, CA their true and lawful Attorney(s)-in-Fact, with full ipower. of authority hereby conferred in their name, place and stead, to execute, seat, acknowledge and deliver any 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 signed by the President,sealed with the corporate'seats of the Companies and duly attested by the Cornl;anies'Secretary,hereby ratifying and confirming all that the said A.ttomey(s)-in-batt 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 are 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 at a meeting dirty called and held,or by written consent,on the 19th clay of March, 1995,and sant Resolution has not been amended or repeated. "RESOLVED,that the signature of any Vice'-President,,Assistant Secretary,and Resilient Assistant Secretary of the Companies, and the.seal Of the Companies may be affixed or printed on any Power of attorney,on any revocation of any power,of attorney, or on any certiftcato relating thereto,by facsitnrIt,and any power of attorney,any rev oca(ton I of any power of attorney,or certificate bearing such facsrrnile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS'WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 7 day of March 2003 � ' s Y�*lE�a, W4 F E *t`ki,,� 'S FUND INSURANCE COMPO€�Y .:#,•,.•.w�„ ""�, t NATIONAL SLTRETIYACORPORATION z M,T 100 at 091< THEANIERICANTNS CE COMPANY 44: ASSOCIAT'I~D IND CORPORATION r•:w.«,.. �r e� ` ��M yer r , ' AMERICAN AUTOMOBIIE M CE COMPANY STATE OF CALIFORMA Ss. By COUNTY OF MARIX ViCc Presid # On this 17 day of March. , 20 0 3 ,before me personally came Harol d N. Marsh to me known,,who,being by the fluty sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instra ment;.1hat he knows the seals'of the said Companies-thataffixed the seals to the said instrument are such company scats;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 WITNESS WHEREOF,I have hereunto set my hand and affixed my oiiicial seat,the.day and year herein first above written. BRENDA J DICK SON 0 M * � COMM.#1"119092 NOTARY PL16Ltc-CALIFORNIA MORIN C63UNTY V Nlj'rir`OfTif11.EiKp#f6l,MtYgit!#;'STj X06`� f STATE OF CALIFORNIA Ntxauy itc COUNTY OF MARIN SS CER A Ila 1GATE t, the undersigned, Resident Assistant Secretary of each company, DO HEREBY'CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full farce and has not been revoked;and furthermore,that Article.VIT 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 farce. signed and sealed at the County of Marin. Dated the d;y of «. y 3EPt 3m)* n LEwvr`' ,� • Pt tE a tci s 1 -� ✓we / ,lA. ,moo' �. rtcsident Assistant Secretary