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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-607 CONTRA COSTA4 Recorder Office T AIR Clerk-Recorder Recorded at the request of: DOC— zee -0370352-00 Contra Costa County Wsdmesday,, SEP 28, 2005 11:03:52 Board of Supervisors FRE Return to: Tt Pd Nbr� 9198A6 Public Works Department l r c/R9�1•B Engineering Services Division 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 Uilkerna NOES: None' ABSENT: None', ABSTAIN: None` atL Nd� SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for Subdivision 00-08157, San Ramon (Daugherty Valley) area. (District III) These improvements are approximately located near Harcourt Way and Bellingham Way. The Public Works Directorhas notified this Board that the Right of Way Landscaping improvements for Subdivision 00-08157, lave 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:1GrpDatalEngSvc\BO\2005109-27\SD 00-08157 BO-45 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 Lab —�' I.Bergeron,Mapping Div. ATTESTED: /�G '>"+"i C' E.Hu,Engineering Svc. -T.-July 27,2006 JOIN SWEETE9, Clerk of the Board of Supervisors and 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 Windemere BLC Land Company,LLC,Attn:Brian Olin By , Deputy 6121 Bollinger Canyon Road,#500,San Ramon,CA 94583 The American Insurance Company,Attn:Patricia H.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 00-08157, San Ramon (Dougherty Valley) area. (District III) DATE: September 27,2005 PAGE: 2' NOW THEREFORE`BE IT RESOLVED that the landscape 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 Agreement(Right of Way'Landscaping): DATE OF AGREEMENT NAME OF SURETY April 9, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials)`surety for $39,900.00, Band No. 111 2750 7751 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 Jasper Hill Drive, Jasper Hill Court, Langhorne Drive, and Pemberton Drive 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.382449,dated March 1,2002)made by Windemere'BIC Land Company,LLC,and the performance/maintenance surety bond rider for $11,820.00, Bund No. 1112750 7751 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.' r EXECUTED IN DUPLICATE ORIGINAL 1neregee or Decrease'Bond Penalty Rider> To be attached to and form a part of Bond Number 111 275if 7761 dated the 27th day of February, 2002, executed by The American Insurance Company, Surety, on behalf of Windgmere BLC Land Company, LLC, Principal, and in favor of the Counter of Contra Costa for SUB 8157, Obligee, It is understood and agreed that the Bond Penalty is changed: From: Seventy-Eight Thousand Eight Hundred and 00/100`s Dollars($78,800.00) To: Eleven Thousand Eight Hundred Twenty and 001100's Dollars($11,8201.00) 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 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, agreeme is or warranties of the above mentioned Band other than as stated above. Signed, Baled, a d t is 16th day of September, 2004. See attached signature pace' e yst Weuve Principal The American insurance Cornpany Surety By .A, � +f (Seal) ss Debora Chan Eileen M. Iobisan, Attorney-in-Fact ACCEPTED The above is hereby agreed to and accepted: County of Contra Costa Obligee Attest Title Title '" r WINDEMERE BLC LAND COMPANY LLC,.a California limited liability company By:LEN-01B5 WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: _ David Evans,Vice Pr dent By: Dee Baker AsstsSecretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT NT State of California County of grange On September 22. 2004 before me, 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, -= =Its 16ON—T AY Commission# 1453610 Notary°ubliC-Caki}cmia l '11W Orange County NTv comm.Expires Nov 28.2007 OPTIONAL Though the data below is not required by taw, it may prove valuable to persons relying on the document and couldprevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: David Evans-Vice 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 No. 111 2750 7751:; Number of Pages: Two (2)- Date 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 COMPANYAMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TIMSE PRESENTS: That FIREMAN'S HIND INSURANCE COMPANY, a California 'corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE,COMPANY,a New Jersey corporation redomesticated it Nebraska ASSOCIATED INDEMNITY' CORPORATION, a California corporation, and AMERICAN' AUTOMOBILE INSURANCE COMPANY,a'Missouri corporation,(herein collectively called"tire Companies")does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, 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 seals of the Companies and duly attested by the Companies'S=rAary,hereby ratifying and confirming all that the said Attomey(s)-in-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 lforce 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 WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice:President,and their corporate seals to be hereunto affixed this grid day of 12oyemb'er , 2001 `- FIREM[AN'S FUND INSURANCE COMPANY 4, y..,..,•r�jetit,�,,,«,` b NATIONAL.SURETY CORPORATION • € '--`` THE AM1ER.ICAN INSMANCE COMPANY jkf�$ A L ASSOCLATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS. By COUNTY OF ARIN Vice-Ptrsdent On this 2nd 2iay of>> November 2001 ,before me'personally came Donn R. Kolbeck to me known,who,being by me duly sworn,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 WIiEREOF,I=have hereunto set my hand and affixed my official seal,the day and year herein first above written. r KRISTIN R.G=0L 0 COMM;#1262236 NOTARY PUBLIC-CALIFORNIA MAR#N COUNTY 0 My'6MM.EXPite$APW 20.2004 STATE OF CALIFORNIA SS. CERTIFICATE C4 N li COUNTY OF MARIN L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains 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 Attorney,are now in force. Signed and sealed at the County of Mafia. Dated the 16th day of September' 2004 is w n „ ■ t t :� ` s�acIWO y l zti �. £; Resident Assistant tary CALIFORNIA ALL—PURPOSE ACKNOWLEDIGNIENT State of California County of ss. On 4tp`` J G,rsc„— 'before me, klri,5 *P*—4; C�z;.Z r-o& Date Name and Tide of Ofte€(e,0.,Jane Ooe.Notety Pubfid) ' personally appeared I;t lct r I?'7 • i Name(s)of 51013008) } personally known to me proved to meon the basis of satisfactory evidence to be the personO whose 'name(') is/a/e subscribed to the within instrument and acknowledged to me that i fshe!#toy executed the same in hherlttir authorized capacity(ie , and that by Vs/herlths�ir r KRISTIN A,GAllOLI D signature{)on the instrument the person(, or © COMM. #1486119 NOTARYpklMM-CAUFOFMA the entity upon behalf of which the person(o Q MARW COUNTY acted, executed the instrument. My Camra.Expires APRIL 29.2009 '1 WITNESS my hand and official'seal. Rem Notary Seal Above Signature of OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent traudulent removal and reattachment of this torte to another document. Description of Attached Document Title or Type of Document: t t %/! '� 7-7'1 Document Date: dumber of Pages: Signer(s)Other Than Named Above: Gapac€ty(les)Claimed by Signer Signer's Name: 0 individual mop of thumb here 0 Corporate Officer—Title(s): Partner—0 Lirnited;, ❑Generat 0 Attorney in Fact 0 Trustee • Guardian or conse for • Other. Signer Is resenting: