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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-609 CONTRA COSTA.Co Recorder Office STEPHEN L, WEIR, Clerk-Recorder �ry� Recorded at the request of'. DOC—' 20015-0170347-00 Contra Costa County Board of Supervisors WsdiWsday, SEP 2$, 2005 11:03 a 04 0.00 Return to: y FRE '�' +� { Public Works Department Tt'l Pd $0,00 00 Nbr-ON2919$01 Engineering Services Division 1 r C 1'Ft9 l 1 7 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 Ulkema NOES: None ABSENT: None ABSTAIN: None SUBJECT: Accepting completion of improvements, Subdivision 03-48712, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately locatedbetween Windemere Parkway and Albion Road. The Public Works Director has notified this Board that the improvements in Subdivision 03- 08712 have been completed as provided in the Subdivision Agreement with Windemere BBLC Land Company,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision Map, LT:nn G:\GrpData\EngSvc\BO\2005\09-27\SD 03-08712 BO-45 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: 'Peri xie(313-2353) 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 G �"�lJG i aG sY -I.Bergeron,Mapping Div. ATTESTED; -B.Balangan,Engineering Svc. .T.—July 27,2006 JOHN SWEETE , Clerk of the Board of Supervisors and` 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,Attn:B.Olin 6121 Bollinger Canyon Way,#500,San Ramon,CA 94583 Liberty Mutual Insurance Company,Attn:Patricia H.Brebner 505 S.Main Street,Suite 830;Orange,CA 92668 RESOLUTION NO.20051 ' SUBJECT: Accepting completion of improvements, Subdivision 03-08112, San Ramon (Daugherty 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 Agreement: DATE OF AGREEMENT NAME OF SURETY December 2, 2003 Liberty Mutual Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$643,000.00, Bond No.2400 6467 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 lessthe amount of any claims on file. BE IT FURTHER RESOLVED that Ashbrook Lane,Veritas Way,Veritas Court, Adriatic Court, Mintaro Court, and Ayers Way for the hereinafter described public roads, as shown and dedicated for public use on the Final Map of Subdivision 03,--08712 filed December 11, 2003, in Book 459;of Maps at Pages 1-6, Official Records of Contra Costa County,State of California,are ACCEPTED AS COMPLETE. Road Name Road!&W Widths Lengths(1Vlles) Ashbrook Lane 36' curb/56'RW 0.06 Veritas Way 36' curb/56' RW 0.11 Veritas Court 36''curb/48' RW 0.07 Adriatic Court 36'curb/48'RVV 0.08' Mintaro Court 36' curb/48' RW 0.03 Ayers Way 36' curb/56' RW 0.08 Upon acceptance by the Board of Supervisors, the developer, Windermere BLC Land Company,LLC,shall retain the subdivision improvements for maintenance during the warranty period, BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$12,900.00 cash deposit(Auditor's Deposit Permit No 408869,dated July 17, 2003)made by Windemere BLC Land Company,LLC,and the performance/maintenance surety bond rider for$190,970.00,Bond No.2400 6467 issued by Libery Mutual 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. .. �..7` RIDER To be attached to and form part of: Bond Number 2400 6467 dated July 72003 issued by the LIBERTY MUTUAL INSURANCE COMPANY in the amount of $1,273,100.000 on behalf of WINDEMERE BLC LAND COMPANY. LLC (principal) and in favor of COUNTY OF CONTRA COSTA(Obligee) Now therefore, it agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Band Amount'shall be amended: FROM: One Million Two hundred Seventy Three Thousand One Hundred and TO: One Hundred Ninety Thousand Nine Hundred Seventy and No/100---------- It o/100-------- --It is further understoodand agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 16th day of August, 20105 . Signed, Sealed &Dated this 16th day of August,:, 2005 WINDEMERE BLC"LAND rCOMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By:'LENNAR HOMES OF CALIFORN ,INC.,a California Corporation,its Managing Me .y: (Principal) David Evanr, Vice President LIBERTY MUTUAL INSURANCE COMPANY(Surety) By. - —0,-- r�— (2- Rhonda C. Abel, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran' e On August 18. 2005 before me, Dina Prints, Notary Public, personally appeared David Eyans, personally Known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal �tNA P'a'IN TI Commission# 1453610 .. Notary Public-cautornto t �Y 07 ange County My comm.Expires Nov 28,20307 X11►"1 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 IS REPRESENTING: Corporate-Officer—dice President Lennar Homes of California, Inc. DESCRIPTON'OF ATTACHED DOCUMENT Type of Document Surety Bond No 2400'6467 Number of Pages::One (1) Date of Document: August 16, 2005 Signers (other than those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of C7range On August lb 2005 before me, Rosa E.stela Rivas,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC'' personally appeared Rhonda C.Abel NAME(S)OF SIGNER(S) ® personalty known to me-OR'- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(ies), and that by his/her/their signature(s)',on the instrument the person(s), or the entity upon 6100 behalf of which the person(s) acted, executed the instrument. ROSA 1=STELA RIVAS cv .." COMM.# 1447661 e hIOWY PUBLIC CALIFORNU WITNESS my hand and Official Seal. ORANGE COUNTY my comm.exp_fres Oct.2£I,2007: SIGNATURE OF NOTARY 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ ;INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S)' ❑ PARTNER(S) LIMITED 9 GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE` S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184'•Canoga Park,CA 91309-7184 1451109' I THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY } BOSTON,MASSACHUSETTS � POWER OF ATTORNEY an a Massachusetts stack insurance � KNOW ALL PERSONS 1 Y auTHESE By4 w and hAuthorization hereinafter set foat Liberty Mutual Insurance rth,Company hereby nhe omeame, constitute and appoint company, thoipursuan#toand y tY RHONDA C.ABEL,NANETTE MARiELLA MYERS�A�Ca►xl{3U�H,AL EX�S H BRYAN,RACHE LE RHEAU T ALL OF THE JERI APODACA,PATRICIA H.BREMER,LEIG C,Ty OF IRVINE,STATE OF CAUFORN1A.. ....... ....... ..... ...... . ... . ....... ....... ...... . ver,for and on its each individually if there be more than one named,tits d in is'bondsa ecagnizances and other act to make, suretyeobiiacknowledge gs� t o*ns in he penal sum not exceeding behalf as sure and as its act and deed,artyy�an : ,.x.«.+�». DOLLARS($ 175 000 OOO.UQ )each,and the ONE HUNDR D SEVENTY-FIDE MtLLIL3N AND 001100* of these De ursuance execution of such underta�kings, bands, recognizences andothernt and surety ested by thel®crataryiof the Company in their presents, proper persons. That binding apart the Company as if they had been duly signed by the preside That this'power is made and executed pursuant to and by authority of the following By-law and Authorization. E ARTICLE XIII.Execution of Contracts:Section 5.Surety Bonds and Undertakings. to such limitations as the Any officer of the Companydmay prescribe,shall ad for that ppoint such attomurpose In eys-in-fact as may be nethe chairman or the cessary to act in bresident, and ehalf of the Company to make W a chairman or the pre Y execute, seal, acknowledge and deliver as surety any eian$allcundertakings,tive rs f attorney, cogitihaveull power to bind tthhe Company by their � attomeys-in-fact,subject to the limitations,set forthPe tZ d signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shah be as binding as if signed by the president and attested by the secretary. int attorne s in-fact: C 0 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint Y - to to ca*4 Insurance Company I Pursuant to Article Xtit, Section 5 of t$�a may be necessarya, Garnet W. ito acAtsin behalf of the Company o masistant Secretary of Liberty ke texecuteseaiacknowiedgerand } authorized to appoint such attorneys in Y v t- a deliver as surety any and all undertakings,bonds,recognizances and other surety obligations: CJ 0 That the Cly-law and the Authorization set forth above are true copies thereof and are now in full force and effect;.. � ei._ ++ IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of o C Liberty Mutual insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January cn 0> � 7r1nd LIBERTY MUTUAL'INSURANCE=COMPANY 4)C 4 Cc 4 0 I `o yi ui 0 , t\ V'r^ Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss p 9%d COUNTY OF MONTGOMERY C*ity rants 2© 4 , before me,a Notary Public, personally,came fi�amet W. Elliott,to me known, and acknowledged 1_++ On this 22nd day of 3rV --Q- that he knows the seal of said corporation; and that he executed the above ..... O C that he is an Assistant Secretary of Liberty Mutual Insurance Company; Al Power of Attorney and affixed the corporate seal of Liberty'Mutuai insurance Company thereto with the authority and at the direction of said corporation. > IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year N 0 first above written. w� 0 ,4outia!Sew co Os NfY r r,rn auE�n xotra t iANt czS �.tIQG BY Ter sa Pastella,Notary Public v'- iZ 0 Ver h=m:; 'e.nsYturtn#a ks ..iaticr of RiaFfanFsii 0 Ti CERTIFICATE tify that the original power of ing i,the undersigned,andtl,correct co es n full forcry of e and effectMutual on the date a this certificatdo e and I do further certify that the officer o off ci l wof iho ch executedothe is i full,true and correct co Assi said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint a#toinays-in-fact as provided in Article.. Xiit,section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above'power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the fallowing vote of the board of directors of Liberty Mutual insurance Company at a meeting duty called and held on the 12th day of March, 9980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed, 16th' IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this day of Aust 2CECE ra( 1 By , L x Davi M'.Carey,Assi fit Secretary