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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-601 IIIIIIIII�II�Illllli ��llllllalill�IIII CONTRA COSTA Co Reoror Office STEPHEN L It Recorded at the request of- DOC—. 2AE,�!erk347ec.0r3de3r7—,, Contra Costa County Wednesday, SEP 28, 2005 10:57:55 Board of Supervisors FRE $10.90 Return to: T4 Pd $0.10 Nbr-ON2919787 Public Works Department Engineering Services Division Ire/R!9/1-8 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 Uflkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Accepting completion of improvements for East Branch of Alamo Creek, DA 01- 00009 and DA 01-00010(cross reference SUB 95-07976), San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Harcourt Way and Windemere Parkway. The Public Works Director has notified this Board that the improvements for DA 01-00009 and DA 01-00010(cross reference SUB 95-07976)have been completed as provided in the Drainage Improvement Agreement with Windemere BLC, L.L.C.,heretofore approved by this Board; LT:ma G:\GrpData\EngSvc\BO\2005\09-27\DA 01-00009 B045 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rip(313-2363) Recording to be completed by COB action taken and entered on the minutes of the Board of I.D.94-3291516 Supervisors on the date shown. cc: Public Works T.Bell,Construction Div. M.Valdtz,M&T Lab I.Bergeron,Mapping Div. ATTESTED 44 ;9-Pw,16r- ceo� A24-6L5— E.Hu,Engineering Svc. JOHNSWE 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 94593 Windemere BLC Land Company,LLC,Attn:Brian Olin By_ Deputy 6121 Bollinger Canyon Road,#500,San Ramon,CA 94583 The American Insurance Company,Attn:Jeri Summer 5 Peters Canyon Road,Irvine,CA 92606 RESOLUTION NO.2005/ GAP,/ SUBJECT: Accepting completion of improvements for East Branch of Alamo Creek,DA 01- 00009 and DA 01-00010(cross reference SUB 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 of liens in case of action under said Subdivision (Right-of-Way Landscaping)Agreement: DATE-OFRUMENT AQ NAME OF SURETY , July 16, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$1,272,950.00,Bond No. 1112750 8064 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 creek improvements on East Branch of Alamo Creek are ACCEPTED AS COMPLETE.Upon acceptance by the Board of Supervisors,the developer, Windmere BLC Land Company, L.L.C., shall maintain the creek improvements for seven years in accordance with the Windemere Mitigation Monitoring Plan. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$25,500.00 cash deposit(Auditor's Deposit Permit No. 383448, dated March 20, 2002)made by Windemere BLC,L.L.C., and the performance/maintenance surety bond rider for $378,060.00, Bond No. 111 2750 8064 issued by The American 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. Increase or Decrease .Bond Penalty Rider _ re� Rider to be attached to and form a part of Bond Number 1112750 8064 dated the 18'h day of March 2002 executed by The American.Insurance Company , Surety,on behalf of Windernere'.BLC Land Company LLC , Principal, and in favor of the County'of Contra Costa , Obligee for Development No: DA 0009,Tract 7976. It is understood and agreed that the Bond Penalty is changed; From: Two Million Five Hundred Twenty Thousand Four Hundred and NO/100's Dollars ,($2,520,400.00) To: Three Hundred Seventy Eight Thousand Sixty and'NO/100's Dollars($378,060.00) 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 mentionedsums. The liability of the Principal and the Surety under the Bond and under the Band 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 81h day of July 2005 . PRINCIPAL By: (See attached signature page) The American Insurance Company SURETY (Seal) Eileen M Robison AT rORNEY IN FACT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia ss. County of On C7 /9, 9 Id-5- before me, AJ_11,�4f Date' Name and Title of Notary Putille) personally appeared ltep, /Y1- Narr*s)of Signer(a) X�4sonalty known to me El proved to me on the basis of satisfactory evidence to be the person(y) whose name(o is/a/e subscribed to the within instrument and acknowledged to me thatke/she/t6y executed the same in #bedtoir authorized capacity(iyg), and that by t s/hedtt)& KRISTIN A.G-AZZOLI signature(O on the instrument the person( or COMM. #1486119 > the entity upon behalf of which the person,/s) NOTARY PUBLIC-CAUFORNIA MARIN COUNlY 0 acted, executed the instrument. I MY COMM.FmInt.APRIL 29,2008 .1 WITNESS my hand and official seat. Place Notary Seal Above Signature of N"taraic Y I OPTIONAL Though the information below isnot required by law,it may prove valuable to persons relying on the docurnent and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 7Y RV 6-,14 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(jes) Claimed by Signer Signer's Name: 0 Individual fi~fflffi— • Corporate Officer—Tittle(s): Top of thumb here • Partner—0 Limited 0 Genera • Attorney in Fact • Trustee 13 Guardian or Cons ator 0 Other: Signer Is presenting: WINDEMERIE BLC LAND COMPANY,LLC,a California limited liability company By:LEN-OBS WfNDEMERE,LLC.,a.Delaware limited liability company,its Managing Member By.LENNAR HOMES OF CALIFORNIA,INC.,:a California Corporation,its Managing Member Y. Greg KGmf,Vice President By: Cindy Tho Assistant Secret CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT' State of California County of Orange On July 12, 2005 before-me, Dina Printv, Notary Public, personally appeared Greg Pomi and Cindy Thomoson, 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. Mn mv hand and official seal. DINA PRINTy dbrc Commission#145361 o Notary Public-Calltornia Orange Couniv My Comm.Expires Nov 26.'2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and couldprevent fraudulent reattachment of this form. CAPACITY CLAIMED eY'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:.increase or Decrease Bond Penalty Rider for Surety Bond filo. 111 2750 8064 Number of Pages: ;Two (2) Date of Document: July 8, 2005 Signers'(other than those named above):Eileen M. Robison :FIREMAN'S FUND INSURANCE COMPACTS' NA 'IflA SSB r"I" C;C RPORATION ASSOCIATED INDFAINITY CoRponTtON TEE AWMCAN YI►0 ANCE COMPANY AMERICAN An'I"CIMOB=DWT CO C(IMPANY GENERAL POWER OF ATTORNEY KNOW AL.I..3 BY IME YORESE S:That FatEMAWS.FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Ibis aorporadm THE ANIERICAN INSURANCE CCINIPANY,a New Jersey corporation rrdomestu:attd.in Nebraska, ASSOCIATED ROOdNI1TY CORPORATION, a California corporatim and AME]RICAN AUpOMOBIU INSURANCE COMPANY;a Ntissouti corporation,(herein collectively called"the Com-)does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorneys)-in«Fact, vnth full power of authority htreby codwed is ther'anarne, place and stead, to execut-, sal, acknowledge and deliver any and all bonds,underWdugs,reacognizaures or other written obligations in the salute th=wf------------ and -_-- __- --aril to bind the Contapsrrries tht tby as folly and to the setae earnest as if such botr is were signed by the President,scaled with the coiporatc'seals of the Cies and duly a►ttestied by tube Ccanies'Secietary,heurrby ratifjug and cx�nftrmiag all that the said Atabomcy(sj-turFact may ck�iu the pmt. This er of attorney is granted under and by the authority of Article VII of the Bp-laws of each of the Companies which provisions arc now in�fotrx and ef[ect. This power of atom y is Aped and sealed under the authority of the following Resolution'adopted by the Board of.Directors of each of the Companies ata meeting duly called and held;or by written consaut,on the 19th day of Miarch. 1995,and said Resolution has not been amended. or "RESOLVED,Haat the signabme of any Vice-Presiden4 Assistant Secretary,and RrsidentAssistarrt Secretary of the and the seal of the Companies may be ami or Printed on any power of any,on any revocation of any power of�a€tom y�, or on any catificaft rmladug thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certif' ick bearing such facsimile signature or facsimile seal shall be valid and binding upon the Compamies:' ` IN WrIMS WEUMWF,the Companies have caused these presents to be signed by their Vita-President,and their cotcpaporatt seals to be hereunto affixt d this 2nd tiay of Noveglber, ,' 2001 . FMEMAYS FIRS INSURANCE COMPANY •.. ,.,. a'' ••• „ NATIONAL SURETY CC3F.l'011AnoNN' Vic .! * * �AMERICAN INSURANCE L AN r „ W rca,ua •s•"`_ A.SSOC IAIED M� CORPORATION AMERICAN AUTOMOSHE INSURANCE CONTANY _ 4 .t- ►r STATE OF CALIFORNIA SS. $y 6 COUNTY'OF M 1 AR Vico-tresiacnr On this 2nd day of November , 20-91 before me pe sonslly carne Donn R. Kolheck' to the know:,who,being by me duly sworn,did depose and say:than nue is a'dice-Presideart of each company,described in and which executed the above instrmnez t that he Imows the seals of the said t:otrapatrics;that the seals affixed to,the,said instrument arc such company seals;that they were so'aflUed by order of the Board of Directors of said companies and that he signed his name thereto by like o IN WITNESS SS V41EPMF,I have Hereunto set my hand and affixed my official seal,the day and year herein first above written. MISTtt4 A GAZZOLl 0 COMM.#1202236 t40TArrr tauataC-cat.IFaRrMA MARIN ccouNr y 0 MY Lamm.ExOM APW 24.2006 " STATE OF CALIFORIAAIli COUNTY OF MAR3N SS` CERTIFICATE I, the: undersigned, Resident Assistant Secretary of each company, DSO EMMY CERTIFY that the foregoing and attached Powa of ATI10RNEY'aremains in full force and has not.been revoked;and f'.rrthermore that Article VII of the$y-laws of each company,and the Resolution of the:;Board of Direct=-,sett forth in the lower of Attorney,are now in force. Signed and seated at the county of Matin. Dated the 8th _ day of MY 1 Y 2U05 ffiErt:i ibW ��, ' y, iMYi E rt L.21 Resident Assistants