Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-632 "' RA COST Reorder Of f loe STEPHEN L,r 1 r� R C ""Reorder Recorded at the request of: 00Cs 20 00382092-00 Contra Costa County Wednesday, OCT OS, 20el5 11:21-21 Board of Supervisors FRE $0,00 gry+;� Return to: Public Works Department I r l P $0.00 Nbr-0002932773 Engineering Services Division I r C/RS/1-13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on September 20,2005, by the following vote: AYES:SUPERVISORS GIOLA PIEPHO, DeSAULNIER AND UILKEMA NOES: NONE ABSENT;: SUPERVISOR GLOVER ABSTAIN' NONE RE uno SUBJECT: Accepting completion of improvements for Souyen Park, PA 02-00004, cross- reference Subdivision 95-07976 (Right-of-Way Landscaping), San Ramon (Dougherty Valley)area. (District III) The Public Works Director has notified this Board that the.park improvements for Souyen Park,PA 02-00004,cross-reference Subdivision 95-07976(Right-of-Way Landscaping)have been completed as provided in the Subdivision(Right-of--Way Landscaping)Agreement with Windemere BLC Land'Company,L.L.C.,heretofore approved by this Board in conjunction with the filing ofthe Subdivision Map. JY:cmm:rrn G:1frrpData\EngSvt\DO\2005109-20\PA 02-00004 BO-45.doc I hereby certify that this is a true and correct copy of an Contact: Teri Ric, 13-2236363). Originator: Public Works 3 action taken and entered On the minutes Of the Board of (3' . Recording to be completed by COB Supervisors on the date shown. I.D. 9432915i6 /j CC., Public Works d2 T.Bell,Construction Div. ATTESTED: 46,,y e K -400-5'" M.Valdez,MBcT Lab City of San Ramon JOHN SWEETEN' Clerk of the Board of Supervisors and Attn,Chris Low County Administrator 2222 Camino Ramon San Ramon,CA 94583 Windemere BLG Land Company,LL.0 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 By , Deputy Attn:Brian Olin Arch Insurance Company 333 City Blvd.West#1100 Orange,CA 92868 RESOLUTION NO.2005/ SUBJECT: Accepting completion of improvements for Souyen Park, PA 02-00004, cross- reference Subdivision 95-07976 (Right-of-Way Landscaping), San Ramon (Dougherty Valley) area. (District III) DATE: September 20,2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvementshave been COMPLETED as of September 20,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OFAGREEMENT NAME OF SURETY February 25, 2003 American.Motorists Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$561,250.00, Bond No.3SM04987300 issued by the above suretybe RETAINED for the six month lien guarantee period until March 20,2006,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file BE ITFURTHER RESOLVED that the Park improvements in Souyen Park,the hereinafter described park,as shown and dedicated for public use by a separate offer of dedication(DOC-2005- 0148318-00)of the Final Map of Subdivision 95-47976 filed November 11,;2001 as Lot Cl2 of Boolc 436 of Maps at Page 49 Official Records of Contra Costs County, State of California, are ACCEPTED as complete, Upon acceptance by the Board of Supervisors, the San Ramon City Codicil shall accept the park''improvements for maintenance in accordance'with the Dougherty Valley Memorandum of Understanding. P.A,P,K NAME ASSESSdR.PARCEL NUMBER AREA Souyen Park 223-100-012 2,40 Acres BE IT FURTHER RESOLVED that the beginning of the one-year warrantyperiod is hereby established,and the$11,300.40 cash deposit,(Auditor's DepositPennit No.400005,dated February 5,2003)made by Windernere SLC Land Company,L.L.C. and the performance/maintenance surety bond rider for $166,680,00, Bond No. SU6000923 issued by Arch Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. ,r RIDER To be ottached to and ftm,pert of Bond Nuimbe�r �. R.epl es Vad I+a mham 3 M 049 873 4 Dated I" issued try the $ in the amount of 1.2,E on beh&of WINDEMERE=LIQ ( gip ) and in favor of' QQ=gr MUA CosT (Obligee) Now therefore, it is geed that in=sideration of the premium charged,the attached bandshall be amended as follows: The Bond Amount shalt be amended rREJ►1"t$1J11V200.00 TO:S166�W.00 it fwher understood and agreed that all other terms and conditions of this bond shalt remain unchanged. This Rider is to be Emotive this 23rd day ofNovember 2004 Signed,Sealed&Dated this 23rd day of November 2004. WIN'S DEWRE ELC LAND COMPANY,LLC,a Caftmia limited liability company By, LEN4:8S l W EMEF,E,LCC,a Delaware limited liability company,its Managing Mems gy. LENI+3AR HOMES OF CALIFORNIA,INC.,a Califoniia Corporation, its Managing Member• Ry. " ( p ) David Even , Vice 'President = ° (S 13y: Patricia H. Brebner, Attorney-in-Fact a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of grange On December 23,.2004 before me, Dina Prints, personally appeared David Evans, 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. j. rDiNAPRINTY 1 k mmr .ir,r, 1463610 C71.t4CT1lO � ��'tq `. ';'7t i�ff?ks•7l.Et� Vftl. r�mrs).E cpues 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 IS REPRESENTING: Corporate Officer-Vice President Lennar Domes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document; Rider for Surety Bond No. SU6000923 Number of Pages: One (1) Date of Document: November 23, 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California; County of Orange On November 23, 2004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARYPUBLIC" personally appeared' Patricia H.Brebner NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory;evidence to be the person(s) whose name(s) is/ere subscribed to the within'instrument and acknowledged to rile that he/she/they executed the same'in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon man auC*c--Ca�hxt+ta behalf of which the person(s) acted, executed the instrument. Oranpa County My Comm Ess 1=s'. 16,2M WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not rewired 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) 8 LIMITED ATTORNEY-IN-FACT GENERAL ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON($)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 5-4067/GEEF 2/98' V 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 POWER OF ATTORNEY Know AN Men By These Presents. That the Arch insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office In Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel,Jeri Apodaca, Patricia H.Brebner,Alexis H.Bryan,JaneKepner,Nanette Myers,Leigh McDonough,Mike Pat no,James A.'Schaller, Rachelle Rheault and Ashley Ward of Irvine,CA(MACH) its true and laud Attornay(s)-in-Fact,to mace,execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,andel as Ite act aril did Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit.' This authority-does not permit the sane obligation to be split into two or more bonds In order to bring each such bond within tyre dollar limit of authority at sat-forth tiereln. The Company may revoke this appointment at any time. The execution of such bonds and undertakings In pursuance:of these presents shall be as bkrding upon the said Company as fully and amply to all Intents and purposes,as if thie same he'd' keri 6.1 exerted and acknowledged by Its r�egiularly eledcterrd a kart at Its pr�indpal ofi:in Kansas City,Missouri. This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: `VOTED,'Thief the Chairrrran of the Board,the President or any Vice President,or their appointees designated in writing and flied with the Secreter. ar"the Secretary shall have the power end authority to appoint agents�and aftorneys in-fact,. and to authorize them to execute on behalf of the Company; and attach the sea E of th8 Company I6e3reto, bonds and undertakings. recpgntzances, contracts s of indemnity and other wrltfngs, oblatory in the nature thereof, end!any such officers of the Company may appoint agents for acceptance of process. This Power of Attorney is signed, sued and certl€ad by facsimile under and by authority of the following resolution adopted by the unanimous,consent of the Board of l]irectors of the Company on March 3,2D03: VOTED, That the signature of the Chairman of the Board, the President, or any Vice"President, or their appointees designated In writing and flied with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be aftiaced,by facelmile on any power of attorney or;bond executed pursuant to the resoldbore adopted by the Board of owectors,on March 3, 2003,and any such power sol executed,sealed and certified with respect to any bond or undertak rg to which it is attached,shall continue to be valid and binding upon the Company. OOMLOO13'°00 03 03 Page 1 of 2 Printed'In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 1st day of 'March ,20 04 Arch Insurance Company Attested and Certified .� ,UL ssn 9q"01� 4006 M�wri Joseph S L i, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B.Gilligan, a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as vice President and Corporate;Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing Instrument,'appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFF MEUSSA , p� M CormtisNod M*d0on°°cliad , Melissa . it gan,Notary Public My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch insurance Company, do hereby certify that the attached Power of Attorney dated March 1.2004 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and Is In full farce and effect on the'date of this certlticate and i do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice.President,was on the date of execution of the attached Power of Attorney the duly elected Vice President.of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company onthis 23rd day of November ,20-24 . Joseph S 9111,Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. m f1t1011 Home Office: Kansas City,MO DOMLOO13 00 03 03 Page 2 of 2 Printed In U.S.A. : :r ,.,:,:::-:::::::,::, :::, ZpArch Insurance Group ArchContractors!&developers Group, 135 N. Los Robles Ave., Ste.825,'Pasadena, CA 91101 June 22, 2005 COUNTY OF CONTRA COSTA, 255 Glacier Dr. Martinez, CA 94553-4897 RE: Bond Number#3SM04987300 This letter is to verify that our company has assumed the liability for the above Performance & Payment Bond issued by American Motorists Insurance Company. Below are,the details of said bond. Bond Number: SU6000923 replaced bond #3SM04987300 Type: Performance and Payment Band Amount: $1,111,200.00 changed to $166,680.00 on 11/23/04 Obligee: County of Contra Costa Principal: Windemere BLC Land Company, LLC Description: Tract 7976, Phase'I, Mein Branch Park Improvements Attomey-in-Fact: Patricia H. Brebner Should you have any further questions please contact us: Sincerely, /may Ashley' . Ward, Attorney-in-Fact Arch Insurance Company Underwriting Department bALIFORNtA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of "range On / ,mss before me, Jeri Apodaca,Notary Public E NAME,TITLE OF OFFICER-E.G.,"JANE©CIE,NOTARY PUBLIC" personally appeared Ashley K.Ward NAME(S)of SIGNER(S) personally known to rile-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 executers the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument, IAK Ail ['Llkft °ilC�! Ct " '?til. �l WITNESS my hand and official seal. G' It n r L•spt c,U. i ,2GUu � +.rw,a��ra:w,u.,wwa:•awer�m.•.+w,avEe*a+a�k SIGNATURE OF NOTARil- 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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ 'INDIVIDUAL ❑` CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL I 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-40671GEFF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY Knew All Merz By These Presents: That the Arch Insurance Company,a corporation organized and existing under the leas of the State of Missouri,having its principal office in Kansas City,Missouri(hereinafter referred to as the"Compan)e`}aloes hereby appoint Rhonda C.Abet,Jeri Apodaca,Jane Kepner, Nanette Myers,'Mike Parizino,James A. Schaller, Rachelie Rheault,Ashley Ward,Grace Reza and Rosa E.Rivas of Irvine, CA(EACH) its true and lawful Attorneys)in-Fect,to make,execute,seat, and deliver from the date of issuance of this power for and on its behalf as surety,and.as Its act acid deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bands or undertakings that guarantee the payment or collection of any promissory note.check,draft or letter of credit: This authority does not permit the seine obtigation to be split Into two or more bonds in order to bring:each such bond within the dotlar limit of authority as set forth herein. The Company may revoke this Appointment At any time. The execution of such bonds`and undertakings in pursuance,of thee,.,presents.shall be as binding upon the said company as fully'and arrrpty to all intents and';purposes,as if the same half taeei duly executed and acknowledged by its regularly elected officers at its pttrrtcipat office in Kansas Glty,Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VO ED,That the Chairman of theBoard,the President, or any Vice president,or thele appointees designated in writing and filed with the Sedrowry,i.or the Secretary-$hail h44 the power and allthority',to appoint agents and attorneys.in-fact, and to authorize them to, eacecute on behatf of the Company, and attach the seal of the.Company thereto, bonds and undertakings, recognlzancas, Contracts of Indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Dower of Attorney"is signed, seated and certified by facsimile under and by authority of the following resolution adopted by the unanimous Consent of the-Soard of Directors of the Company on March 3,2003:" VOTED, That the signatures of the Chairman of the Board, the President, or,any Vice President, or their:.appointees designated in writing and filed with the Secretary, and the signature of the Vice President,the seal of the Company,:and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed'pursuant to the resolution adopted by the Beard of Directors on March 3, 2003,'and any,such power so executed,sealed and certified with respect to any bond or undertaking to which It Is attached,shall continue to be vatitf and binding upon the Corripany. 00ML0013 00 03 03 Page 1 of 2 Printed In U.S.A. in Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 14th day of June , 2005 Arch Insurance Company Attested and Certified og- 0 a UAL Mary Jea a An arsari;trrce President Edward M.Titus,Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA °S5 1, Kate;Marcinkus, a Notary Public,do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,:sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth, NOTARIAL SEAL KATHLEEN MARCINKtlS,Notary PubUc +�— t7yc. „ City of Philadelphia,Phila.Gounty Kathleen Marcinkus,N6 ary Public __*CwmybsionSxpimFebruarv25.2006 My commission expires 2-25-06 CERTIFICATION I, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14,2005 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate, and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed myname and ixe e c orate s" Arch Insurance Company on this Q,!��- day of `E�9n ,200 . Mary Je �derson,Vice President This Power of Attorney limits the acts of those named therein to the bonds and ndertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THiS BOND TO THE FOLLOWING ADDRESS: Arch Contractors&Deveiopers Group 136 N.Robles Ave.,Ste.$25 Pasadena,CA 91101 � Yon% t o UAL 1bso�rl 00MLOO1'3 00 03 03 Page 2 of 2 Printed in U.S.A. Citi: 1 4::41MI4 Y' 4 3 3ili! 3 3?': f d ^^ '•::3a ...::113 # E34i..33lIi, 114 4IINI:,.411IE 4lSF..;.: :... :.. ..,.. .. . ARCH Insurance Company ARCH Surety NOTICE -- DISCLOSURE OF TERRORISM PREMIUM In accordance-with the Terrorism Risk Insurance Act of 20024 we are providing this disclosurenotice for bonds on which Arch Insurance Company is the surety. DISCLOSURE OF PREMIUM The portion of the premium attributable to coverage for terrorist acts certified under the Act is Zero Dollars ($0.00).' DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable insurer deductible