Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-604 RECORDING R UEsT BYIIII IIII ISI ill111111111111111 Ill111111111111111 EQ ED : .� CONTRA COSTA Co Recorder Office /�' STERN L. URiR Clerk-Reorder WHEN RECORDED MAT T0: 200 03T�'3 q...34 — 11 L Wednesday, SEP 28, 2005 11:03:41 FRE 00.00 Tt1 Pd $0.00 Nbr-4 02919 3 �i lrclR9/1-13 THE SPACE ABOVE IS FOR RECORDERS USE ONLY DOCUMENT TITLE 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 Ullkemta" NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2005/ SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for Subdivision 89-07387,Alamo area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Drainage Improvement Agreement 'between Alamo Highlands,LLC and the County for construction of certain improvements in Subdivision 89-07387, in the Alamo area,through October 1, 2006; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ♦' ANTICIPATED DATE OF COMPLETION: January 2006 REASON FOR EXTENSION: Awaiting Army Corp. of Engineer ,permit to begin improvements. ITIS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken JD:mt and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\BO\2005\09-27\SD'89-07357 130-1 Ldoc Shown. Originator. Public Works(ES) Contact: S.Gospodehikov(313-2316) AT'T'ESTED: ffr is77 f✓i' aG`,r'� .tr''++ +i ' cc: Public Works-T.sell,Construction JOHN SWEETER, Clerk of the Board of Supervisors and County Currant Planning,Community Development Administrator T—August 1,2006 Alanio Highlands,LLC 402 Railroad Ave.,Ste 201 Danville,CA 94526 B Attn:Peter W.Branagh y Deputy Developers Surety and Indemnity Company 2999 Oak Road,Ste 420 Walnut Creek,CA 94597 Attn:John F.Arents' RESOLUTION NO.2005/ Contra Costa County DRAINAGE IMPROVEMENT AGREEMENT EXTENSION Development Number: Subdivision 89-07387 Developers Alamo Highlands,LLC Original Agreement Date: July 8 2005 Second Extension New Termination Date: October 1,2006 Improvement Security Security Type Security Amount Cash: $8,700.00 (1'% cash,$1,000 Min.) Bond; $58,300.00(Performance) $33,500.00(Labor&Material) Bond No. (Date): 868088S (April 30,;2003) Surety: Developers Surety and Indemnity Company, The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said;Surety hereby agree thereto and acknowledge same. Dated: Dated: Developer's Signature(s) FOR CONTRA COSTA COUNTY,," Peter W Branagh Mgm :Mbr Maurice M. $hiu;Public W ks ec Printed By. { ' �!i Vie"', Developer's Signature(s) RECOMMENDED FOR APPROVAL: Printed ' 402 Railroad Avenue #201 By: Danville CA 9452 (Engineering SL rvices Division) Address Developers Surety and Indemnity Company Surety or Financial Institution 2999 Oak Road, Suite 4201 Walnut Creek CA 945,97 Address (NOTE: Developer's, Surety's and Financial.Institution's Signaturesmust be Notarized.) 4�0 � - Attorney in Facts Signature After Approval Return to Clerk of the Board John F. Arents FORM,APPROVED• Virror!".Westmmn Caesar Co.y / Printed CALIFORNIA ALL-PURPOSE, ACKNOWLEDGEMENT State of OPTIONAL SECTION' County of CAPACITY CLAIMED BY SIGNER On rJ v ,before me, Vic, '' Though statute doesnot require the Notary to fill DATE NAME,TITLE �FF R E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,daring so may prove invaluable to personalty appeared r r1ZJ 11 persons retying an the document. NAME(S)OF SIGNER(S) V ❑ 0 INDIVIDUAL personally known to me-OR-D 0 provided to me on the basis of satisfactory evidence to ❑ © CORPORATE OFFICER(S) be the person(p)whose nanr*)is*d subscribed TITLE(S) to the within instrument and acknowledged to me that hel,,Js& executed the same in ❑ © PARTNER(S) ❑ 0 LIMITED IMNAIA M€ N hi ttbeitauthorizedcapacity(i*and that by ❑ p GENERAL ConlfihWM*144"59hislh~signature(r)on the instrument the ❑ © ATTORNEY-IN-FACT Nokuy PAft-� + person the entity upon behalf of which the ❑ 0 TRUSTEE(S) COMM coma Cow* person acted,executed the instrument. ❑ 0 GUARDIAN/CONSERVATOR %71 +'+ W ESS rn hand and official seat, ❑ ® OTHER: '— SIGNER IS REPRESENTING: SIGNATURE OF NOTARY (NAME OF PERSON(S)OR FNTITY(!ES)} ❑O acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)'Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following;information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed''exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. 111. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board b The President c)Any Vice-President GROUP 2. (a)The Secretary )An Assistant Secretary (bc)The Chief Financial Officer (d)The Assistant'Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution ofthe Board of Directors authorizing thePers n signing the instrument to execute Instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase': ...and admowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS OF { BRANAGH DEVELOPMENT, INC. A California corporation WITHOUT A MEETING, BY UNANIMOUS WRITTEN CONSENT: BE IT RESOLVED, that PETER W. BRANAGH, PRESIDENT of this corporation is here by authorized to complete, execute, and file on behalf of this corporation Drainage Improvement Agreement to final ALAMO HIGHLANDS, TRACT NUMBER 7387 for issuance of a final inspection from the county of Contra Costa and prepare or cause to be prepared and filed such other documents take such action with respect thereto as may be necessary or deemed by him to be property in connection therewith. IN WITNESS WHEREOF, this Certificate has been executed and the corporate seal' hereto affixedon the I st day of May 2003 Viii IAM BRANAGH, Vice President T S 19RANAQIH, Secretary PETER ' .BF AffAH, President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA OPTIONAL SECTION' Countyof Contra Costa CAPACITY CLAIMED BY SIGNER On 8/29/200 efom me, Cathy A. Shapard?, Notary Public` Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICBR B.G.,-JANE DOE,NOTARY PUBLIC" In the data below,doing so may prove invaluable personally appeared John F. Arent S to persons relying on the document. NAME(s)of SIGNER(S) ❑ ❑ INDIVIDUAL. I3 personally blown to me-OR-❑❑ provided to on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICERS) be the personOKwhose name( is/am subscribed TITLE(s) CATHY A.SHAPARD to the within instrument and aclmowledged to _ Commission# 1456123 me thathe/sbaAhsy executed the same in ❑ 13 PARTNERS) ❑ 0 LIMITED his/ha4heis authorized capacity*),and that by p E3 GENERAL yq1 Notary Public-California hislhadhcir signature(*on the instrument the ❑ 13 ATTORNEY-IN-FACT Contra Costa County person( or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) My Comm.Expires Dec 14,2007 person*acted,executed the instrument. ❑ 13GUARDIAN/CONSERVATOR Ulm- ITNESS my hand an o cial seal, D ❑ OTHER: SIGNER IS REPRESENTING: GNAT OFNOT Y {.WaOFPERSONS)ORENTITY(IES)) Developers Surety. and ❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws Indemnity Company or a resolution of its Hoard of Directors. OPTIONAL SECTION Contra Costa County; THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Drainage Improvement Agreeme t TO THE DOCUMENT AT RIGHT. Number of Pages 1 Extension Though the adjacent data is not required bylaw,it may prove valuable Date of Document August 25, 2005 to persons relying on the document and could prevent'fraudulent Signer(s)'Other Than Named Above Peter W, Branagh re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa'County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. '71n= must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The'signer's interest in the property must'be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership: IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. a)The Chair of the Board b The President' c)'Any mice-President GROUP 2, a)The Secretary' An Assistant Secretary C )The Chief Financial Officer d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute incur rents of the type in question is required A currently valid power of attorney,notarized,wi 11 suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following:phrase: "...and acknowledged;to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNIT 'COMPANY PO BOX 19725,IRVINE,CA 92623 (949)263-33(111 www.InscoDico.cont KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and appoint: ***John F. Agents*** as its true and lawful Attorncyfs)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyshipgiving and granting unto said Attorncy(s)`in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as the corporation could do but reserving to the corporation full power of substitution and revocation,and all of the acts ofsaid Attorncy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of'Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of`Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1,2Ot}O: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each ofthetn hereby is.attthorzcd to execute Powcrs of Attorney,qualifying the Attomcy(s)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship.and that the Secretary or any Assistant Secretary of the corporation be,and each of thuni hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers 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'shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of'suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this lIst day of February,2005. ..•,I arca ,,a David H.Rhodes,Executive Vicc-President car O10 CT. 5< O-. 1936 Walter A.Crowell,Secretary �'��•.y�m' ��aa��,+, STATE OF CALIFORNIA ) )SS: COUNTY OF ORANGE ) On February i,2005;before me,Nita G.Hiffmcycr,personally appeared David H.Rhodes and WaltcrA.Crowell,personally'known to me(orproved to me on the basis of satisfactory,evidence)to be the persons whose names arc subscribed to the within instrument and:acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument: WITNESS my hand and official seal NITA G.HIFFMEYEA COW iI'1;543481 NOTIiW T+t1 IUC GALIFORMA Signature " OFVANGECOUNTTY tQ my comm.mpires,aa til,2409 CERTIFICATE' The undersigned,as Executive Vice-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing Power of Attorney remains in full force and has not:been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney,is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 29th day of Atu gust 2005 By David L.Kerrigan,Executive,'Viec-President ID-1438(DSI')(Rev.2/(15} _ _...... EXECUTED IN DUPLICATE ORIGINAL Ing ease or.Decrease and ParLafty. F ader To be attached to and farm a part of Bond Number 111 2750 TM dated the 2.7_th day of Febtuax'y, 2002, executed by The Amerlcag Insurance Cornggnv, Surety, on behalf of Andemere BLC Land Co.. Inc., Principal,and in favor of the Courdv of Contra Costs fear SIJ50 , Obligee. It is understood and agreed that the Bond Penalty is changed: From. Fifty-Nine Thousand Two Hundred and 0011100's dollars($69,200.00) To: Eight Thousand Eight Hundred Eighty and 001100's Dollars($8,880.110) "Effective: September 16, 2004 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 erein contained shall be held to vary, waive, 'alter or extend any of the terms, conditions, agree s or warranties of above Mentioned Bond tither than as stated above. Sign sealed, an` his 18th day of Sefltemiber, 2004. See attached signature page ss +hyst' 4euve Principal The American Insurance Company Surety g : seal! it n- 'ss Debora han Eileen M. Robison, ttomey-in-Fact ACCEPTED The above is hereby agreed to and accepted: Coon of Contra Costa' Obligee g , Attest Title Title WINDEMEILE BLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS W1NDEMERE,LLC.,a Delaware limited liability company,its Managing Member By;LEN AR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: David Evans,Vicd presi t By`. Dee Baker,Assistant Secretary' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Callfomia County of Orange On September 22, 2004 beforeme, Dina Printy, personally appeared David Evans and Dee Baker, 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 seal. a"'�i2IN Y commission# 1453610 �1 Notory Public-Caiifornin Urari e County My comm.Expims 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 1S REPRESENTING. David Evans-Vice President Lennar'Homes of California. Inc. Dee Baker-Assistant. Secretary Lennar Homes of Californiainc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Decrease Rider for Surety Band No 1112750 7785 Number of Pages: Two (2) Date of Document: September 16, 2004 Signers (other than those named above): Eileen M. Robison: FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY'CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL,POWER OF ATTORNEY KNOW ALL MEN By THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Itfinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEIuOM CORPOPATTON, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA theirtrue and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seat, acknowledge and deliver any and all bonds,undertakings,recognizances or tither written obligations in the nature thereof ----— and to bind the Companies thergby 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 amested by the Companies`Secret iry,hereby ratifying and confirming all.that the said Attorney(s)—in—Pact 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 am 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 duly called and held,or by written consent,on the 11th day,of March, 1995,and said Resolution has not been amended or repealed "MOLD,that the signature of any Vice-President,Assistant Secretary,and ResidentAssistant Secretary of the Companies, and the seat of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney;or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN W1TNFSS WHEREOF,the Companies have caused these presents to be signed by thew Vice-President,and their corporate seats to be hereunto affixed this 2nd day of b7oyeTahe _ , 2001 �Y �ynry ' .• *a asccr Fel "AN'S FUND INSURANCE COMPANY " NATIONAL SURETY CORPORATION t 4 t S THE AMERICAN INSURANCE 'COMPANY sEar"'m a t $$EA L ASSOCIATE[)INDEMNITY CORPORATION �ts(�c+ "�'- • "" t+ r�� '��ewp� ' +' ' rr`/~yp ` AMERICAN AUTOMOBILE INSURANCE'COMPANY STATE OF CALIFORNIA �SS. By COUNTY OF MARCN vice-Presideat On this 2nd ; clay of November , 2001 ,before nate personally came Donn R. Kolbeck to the known,who,being by me duly sworn,did depose and say:that he is a'Vice-President of each.'company,described in and which executers the above instrument*that he knows 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 WITNESS WIffREOF I have hereunto set my hand and affixed my official seal,the day and year herein first above written. r KRISTIN A.GAZZOLI 0 Comm,#1282236 T -a NOTARY PUaL[c•CAUPORNIA MARM COUNTY My Comm.Ex�sv s Apr!€29,2004 STATE'.OF CALIFORNIA SS. CERTIFICATE COUNTY OF MARIN L the undersigned,,.Resident Assistant Secretary of each company, DO HEREBY C:ERIVY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article II of the By-laws of each company;and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Sighed and sealed at the County of Marin. Dated the 16t day of September 2004 p ��tiEtE#Y#►p;, �.,wKtiMY Nl+' 'p'2n"'ayt�+'f �. Rift .,...... tr'�cr'catrrct't� rtrxn ` ResidentAssismat rat} e� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ENT State of California SS. County of On _ !�. ' , before me, Data Name and tide of Office€(e gl..Jane Uoe.Notary Puble) personally appeared /7)• i r Mama(s)of 8igner(n) P:jigrsonally known to me © ;proved to me on the basis of satisfactory evidence to be the person( whosename($) iis/s/e subscribed to the within instrument and acknowledged to me that 0/she/thAy executed the sante in gs/her/their authorized capacity(ie0), ;and that by his/her/their r KRISTIN A.GAZZC}LI > signature( }on the instrument the person(; or 0 NOTARY COMM, aCaasa 19 PU61.1GCALIFCiRNiA � the entity upon behalf of which the person(-)7 pY SIN COI NTY acted, executed the instrument. My Comm.Expires APRIL 29.2009 •s WITNESS my hand and official seat. Place Notary Seal Above5+9 f � OPTIONAL Though the information below is not required by law,it may prove;va(uable;to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.' Description of Attached Document Title or Type of Document: . !'f l «'75-0 7 7$ Document Date: Number of Pages: Signers}Other Than gamed Above: Capacity(les)Claimed by Signet Signer's Name: CJ IndividualToa of tib he€$ D Corporate Officer---Title(s): 0 Partner---0 United 0 General 0 Attorney in Fact Ci Trust 0 Guardian or Gonsery r Ct Other: Signer Is Rep r; nting: