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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-606 CONTR4 COSTA Co Recorder Of f ice Recorded at the request of: , VVIR Clerk-Recorder Contra Costa County DOC. 20,06�@37®35 1-- � Board of Supervisors [return to: Wednesday, SEP 28, 200 11:03:49 Public Works Department FRE $0.00 p Engineering Services Division T j,i Pd WOO OO r-810291905 +� Ir'c/R5/1-8 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 U lkema NOES: None ABSENT: Nont>`. ABSTAIN:'' None' RSOI� TTIO' NQ e SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for Subdivision 99-08154, San Raman (Dougherty Valley) area. (District These improvements are approximately located near Windemere Parkway and Bollinger Canyon Road. The Public Works Director has notified this Board that the Right of Way Landscaping improvements for Subdivision 99-08154, have been completed as provided in the Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, heretofore approved by this Board; LT:rm G:1GrpData\EngSvcr30t2005\09-27�SD 99-08154 B045 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(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 WorksT.Bell,Construction Div: -M.Valdez,M&T Lab -1.Bergeron,Mapping Div. ATTESTED'; 1 +�iC"'y''•'i,6.ic '` '°" `�" "�E.9" -E.Hu,Engineering Svc. JOHN SWEETEN, Clerk of the Board of Supervisors and -T.—July 27,2006 Sheriff-Patrol Div.Commander County Administrator CHP,c(o Al CSAR—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 By / ,°�--' ,Deputy Windemere BLC Land Company,LLC,Ann:B Olin 6121 Bollinger Canyon Rd.,#500,San Ramon,CA 94583 The American Insurance Company,Attn:P Brebner 5 Peters Canyon,Irvine,CA 92606 RESOLUTION NO.2005/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for Subdivision 99-08154, San Ramon (Dougherty Valley) area. (District III) DATE: September 27, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLE'T'ED as of September 27,2005 thereby establishing the six-month terminal period for the filing of liens in case of action undersaid Subdivision Agreement (Right of Way Landscaping): DATE OF AGREEMENT NAME OF SURETY April 9, 2402 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $32,100.00, Bond No. 111 2750 7769 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 Right-of-Way Landscaping improvements on Langton Drive, Langton Court, Latera Court, Kellybrook Way, Kenwick Drive, Arlewood Court, Kinvarra Court, and Kirkstone Court are ACCEPTED AS COMPLETE.Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance:with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,000.00 cash deposit(Auditor's Deposit Permit No 382409,dated March 1,2002)made by Windemere'BLC Land Company,LLC,and the performance/maintenance surety bond rider for $9,480.00, Bond No.. 111 2750 7769 issued by The;American Insurance Company be RETAILED 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. -/.�� /tea• o �,G .......... EXECUTED IN DUPLICATE ORIGINAL Firentaxis Fundi Increase or.Decrease Bond Penalty Rider To;be attached to and form a part of Bond Number 111 2760 7769 dated the 27thday of February, 2002, executed by The American insurance Company, Surety, on behalf of Win ,emere BLC'Land Comt any. LLC, Principal, and in favor of the County of Contra Costa for SUB 8154, 0bl gee. It is understood''and agreed that the Bond Penalty is changed: From: Sixty Three Thousand Two Hundred and'00M00's Dollars ($63,200.00) To: Nine Thousand Four Hundred Eighty and 001100's Dollars($9,480.00)' 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 hprein contained shall be held to vary, waive, after or 'extend any of the terms, conditions, agreeme s or warranties of the above mentioned Bond other than as stated above. Signed, soled d date this 16th day of September, 2004. See attached signature page AiWithyst Weuv Principal The American Insurance Company Surety By` uA (Seal) it ess Debora Chan Eileen M. Robison, Attomey;-in-Fact ACCEPTED The above is hereby agreed to and accepted: County ontra Costa Obligee B Attest Title Title WINDEMERE BL C LAND COMPANY,LLC.,a California limited liability company By;LEN-OBS WINDEMERE,LLC,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member $y; David Evans,Vice Pres' ent By: l Dee Baker,Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 22. 2004 before me, Dina Printy, personally appeared David Evans and Dee Baker, personally known tome 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. — - E3iNAPRlMY r Commission# 1453610 a w - Notary Public'-California ;., 0ionge County My Comm.Expires Nov 28.2007 OKIONAL 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: David Evans -dice President Lennar!Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar'Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document- Decrease Rider for Surety Band Na. 111 ''2750'7769 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 ASSOCIATEDINDEMNITY 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 Illinois'corporation,TILE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBIME INSURANCE' COMPANY, a.Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. ''Robison of Novato, CA' their true 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 other written obligations in the nature thereof------------ and --- ---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 seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and co rrfimimg all that the said Attorney(s)-iii-Fact 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 duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident 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 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 WnI SS WHEREOF,the Companies have caused these presents to be signed by their Yrce President,and their corporate seals to be hereunto affixed this 2nd day of November 2001 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ~ £ THE AMERICAN INSURANCE COMPANY r " eewL t .._.,-f ASSOCIATED INDEMNITY CORPORATION by <w.... Kh Loi R4N c �+toaGs!►° AMERICAN ALTTC)M(JB1T. INSURANCE COMPANY t4 `' STATE OF CALIFORNIA SS. By Yee President COUNTY OF hIARIN On this 2nd nay of November 200-1-,before me personally came Donn R. Kolbeck to me known,who,being by me duly swom,did depose and say:that he is a Vice-President of each company,described in and which executed 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 WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRtSTIN'A.GAZZOLI C COMM.#1262236 NOTARY PUBLIC-CALIFORNIA Q r MARM CMIN1Y, my Comm.Expires Apd?24,2004 NowMSTATE OF CALIFORNIA 'SS. CERTIFICATE COUNTY OF MAR{N I, the undersigned, Resident'Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY retrains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company;and the Resolution of the Board of Directors;set'forth in the Power of Attomey,are now in farce. Signet(and scaled at the County of Marin. Dated the 16th day of September 2004 Rmidcnt Assistant S tary .. .......................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT MENT State of Califomia Ss. County of �i On f 4', al , before me, Data Name and T tle of officer(e.g.,'Jam Doe.Notary Public") , personalty appeared M. I Name(a)of SV-08) rsonally known to me O proved to me on the basis of satisfactory evidence to be the persono) whose name(p6 is/afire subscribed to the within instrument and acknowledged to me that Veishelfffyiy executed the same in t#/herhoir authorized capacity(i+ ), and that by h�6fher/tf it KRISTIN A.GAZZ0LZ ) signature(p on the instrument the person(O,or ,- COMM, Ass 1 the entity upon behalf of which the person( Nt,TARYPUBLiC•CALIFORNIA 0 acted, executed the Instrument. y uARIN COUNTY 1 My comm.EXPR as APRIL 2 2aoe ' WITNESS my hand and official seat. Place Notary Seal Aboveswatu of is OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying 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 P:j,e . 0// R7J 7 7 17 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: 0 IndividualTop of thumb here CI Corporate Officer--Tdle(s): 0 Partner—©Limited ❑General 0 Attorney in Fact 0 Trustee 0 Guardian or Conse or 0 Other Signer Is Re esenting: