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Home My WebLink AboutRESOLUTIONS - 10102006 - 2006-642 I I I I I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA I Adopted this Resolution on October 10. 2006 by the following rote: i I .AYES: Uilkema,Piepho.DeSaulnier. Glover and Gioia NOES: None ! ABSENT: None ABSTAIN: None i I RESOLUTION NO. 2006:`6'0� I SUBJECT: Approving the Second Extension of the Drainage Improvement agreement for I Drainage Acceptance 00-00005 (cross-reference Subdivision 95-0-9-6).for project ! beim developed by Windzmere BLC Land Company.LLC, San Ramon(Doughertti- I Vallee) area. (District III) - I i The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends tete Drainage Improvement Agreement between Windemere BLC Land Company. LLC and the Count.- for construction of certain improvements in Drainage Acceptance 00-00005(cross-reference Subdivision 95-0..9.6).in the San Ranson(Dougherty Valley) area. through Januar}- 15, '_00S: I o APPROXL%IATE PERCENTAGE OF WORK COMPLETE: 100% I ® ANTICIPATED DATE OF COMPLETION: November '--006 a REASON FOR EXTENSION: Final walkthrough and maintenance period have not been I completed. i IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I LE; _ I hereby cern:that this is a true and correct copy of an acion taken I G _ __ _3'____`!---I __''E-�-::._'z= and e^tered on the minutes Of the Board of Supen-:sOr= O^. the da`_2 Originawr P_�:c"-.s:Ei� �110�111. Contact R.e;3L•__�•. /J'f -•- �' ATTESTED: � I cc: -Co,tl�z TOII\ CULLEN. Clerk of the Board of Supervisors and County I P.ar. c- _;.,;_,; Administrator iarter KC:an::CcnTan__t_C R.-::E:ser Can n Rea-'.S.:'_:=•7 Sin R>r. CA ;+--_ Am:s-=: -:% By Deputy I RESOLUTION NO.2006; I —I i I CONTRA COSTA COUNTY DRAINAGE IMPROVE'TNZENT AGREEMENT EXTENSION Development dumber: DA 00-00005(cross-reference SD 95-07976) Developer: Windemere BLC Land Company,LLC I ! I Original Agreement Date: January 15,2002 ! I Second Extension New Termination Date: January 15,2008 I I ! Improvement Security I ! I I Suretv: The American Insurance Company I I I Bond 1o.(Date): 11133599354 (December 19,2001) I Security Tvoe Security Amount I Cash: S 110,800.00(1% cash,$1,000 Min.) Bond Rider: 5 160,230.00(Performance) I I S 539,500.00(Labor&Material) I The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County I and said Surety hereby agree thereto and acictowledge sane. ,/ I Dated: A I ,� I nL Dated: �/Lt_ti�3 --f 2Uo(o t ` I FOR CONTRA COSTA COLNTY Developer's Signanue(s) Maurice M. Shiu,Public Works Director i B , Printed 16e-u I Developer's Signature(s) U RECO;v1MEATDED F OVAL: I i i Bv: _ Printed (Engineering ei ices Di%nsion) I Address I The American Insurance- Ca.,:)anv (VOTE: Developer's, Surety's and Financial Surety or Financial Institution ! Institution's Signatures must be Notarized) 77171 San ':aria Drive, S'-13 C88 t.'ov ato, California 94990 i FORMuP-3pVE0 VLvJ'+u x+.Cc�_,Cau-y1 Address Ager Annroral Return to Clerk of the Board Attorney in Facts Sihhature ! Brenna 3. Dic;cson Date: August 17, 21,106 Printed Attorriey—in—Fact I I i r I i I Bond No. 11133599354(Drainage Improvement Agreement DA 00-00005) � I I WI\DENNIERE BLC LAND COMPANY, LLC,a California limited liability company Bv: LEN-OBS WINDEMERE. LLC.. a Delaware limited liability company. its Managing Member i Bv: LEXNAR HOMES OF CALIFORNIA.INC.. a California j corporation. its ManaQinQ Member I I Bv: G�►� j Brian G. Olin.Vice-President I I Bv: G�L✓r j Erik S. Brown, Asst. Secretary I I I I I I I I I i I I I I I i I i I I I I i I CAL9FORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calrforr�r•a ss. 'S COJnty 04 l.iir✓� On. A004- be=ore me. Xpersonaily appeared 11' ,koersooal'y krowr to me C — vo ed io me on the basis o` satisfactC'y eNdei_-e j is be the person!si wTose names; 4r--are T subscribed to the ?;"Ilhln In5!rLm?rt and T I aCK-10Ni e_daeo tC me tha''ae_st*they exeCL'ed e same ir, —ate qbr-their aj'ho^zed capaci'Ves . and that by -is-rer their h (SRUTH E � siana!J e_ : or;i ie inst-Limer;''ne Derson,s%. or tj O 1670J61 the eq`,Y up--n behaif of wNch in=- Dersonis ?il acted. execu'ed the PStr umen . 2 r CIO C Ccruuy AryComm 6 RCag26�1 „ W.' rn'hard and--:ficial seal. 6 =_ = - � I OPTIONAL r Description of Attached Document r Tit;e or Type of Dccilj•reni: I Doeumer.!Date: NLrrbe-of Paces: I Signevs)Other Than Narried ADove: S 3 I Capacity(ies) Claimed by Signer I I Signe:s game: •.t � I _ Individual I - Corporae Officer—Ti,lei_s_:: �, I - Panner—- Limitea -Gerera; - AP.orrey-in-Fact - Trustee - Guardian or Corserva*or - O:he-: Signer Is Represe•ltinc: T I r rG�G�-et.�:cc;�i:�-cc;�:��.�ii�;�Z:�:yet:�.�e<,��,�.�ci�G��s;�ti�G�-•etict.�cG�:�t,�.�;�,�cc,�c.c,c3-,� i I I I I I I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT I ! State of Cal'f'Ornia OPTIONAL SECTION Cocnty of Marin CAPACITY CLAIMED BY SIGNER I On 8/17/200 Kristin A. vaZZOl1 Though statute does not require the Notary to fill ,before me, g 9 DATE NAME.TITLE OF OFFICER E.O.'W%E DOE.NOTARY PUBLIC In the data below,doing so may prove invaluable to pctsor2hy appeared Brenda J. DICKSOr. persons relying on the document. j NA+tE(s;ar stG�=_R s) C ❑ INDIVIDUAL ! X11 personally known to r.;e-OR-7-❑ provided w me on the basis of satsfae[,ry evidence to ❑ CORPORAT_EOFFICER(S) I be the person(y)whose name(p)is=subscribed TIMM, to the within instrument and aci-.owledged to KRISTIN A.GAZZOLIA ( that geishethey executed the same in = ❑ PARTNER(S) 0 LWITED D Vs'F.er ti bi-aatho.ized capacityt�l,and that'ay p GENERAL ASE 1;9 iIisllienih6ir signatureCq on t:,e instrument the E p ATTORNEY-IN-FACT 'i •-- -_= �-:=�'.:A q person(r)or the entity upon behalf of w ich the C O TRUSTEE(S) 0 persor.(1 acted,execazed the instrument. — , �% _ ❑ GLARD;Ath.COSSERVATOA 220.3. 1C ❑ OTHER: SIGNER IS REPRESENTING: �. Si NATURE OF.b qY 'NAME OF PERSON(5)OR EN7iTYQr.S)) is A.l Z 1 I CO aciciowledged to that such corporation exe iced the ithi I:rst ummt j . its by-laws I or a resolution of its Board of Directors. OPTIONAL SECTION ! 111 4 ZS9 936-4 I I THIS CERTIFICATE MUST BE ATTACHED Title er Type of Document-J)c:.I nA-le.l mp mvtme.a` 49M4-IF kms r c:-, ! TO THE DOCUMENT AT RIGHT. Number of Pages I _ ThOLe,the adjacent data is not required by:aw,it may prove valuable Date of Document to persons reiy,.ng on the documert and could a.evert fraudulent Signers)Other Than Named Above re-anachr-cnt of this form / AAA 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 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. I 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. i IV. SIGNATURES FOR CORPORATIONS ! Documents should be signed by two officers,one from each of the following two groups: I GROUP 1. �ab�The Ctair of the Board The President I c)Any Vice-President I GROUP 2. �a' The Secretary bl An Assistant Secretary (c)The Chief Financial Officer (c)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 i of Directors authorzmg the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. I '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." i I I I I I I � I FIREMAN'S FUND INSURANCE COMPANY h_A'Ii0bLkL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBU E INSURANCE COMPANY GENTERAL POWER OF ATTORNEY I FNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in I Nebraska, ASSOCIATED Lh'DENINITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE I COMPANY,a Missouri corporation,(herein collectively called"the Companies')docs each hereby appoint Brenda J. Dickson o Novato, CA I their nue and lawful Attorney(s)-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 e 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 I Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-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 forte and effec. I 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: 1 "RESOLVED,that the signature of any 4 ice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, j and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, I 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." I 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 15 day of n n r i 1 ?nn? /�'mry'� EEE[,++/ E•E,J�t:f tG �.`�iiR/ F1REhL�AA"SJINSCE COMPAN-r ` r •• "Y`:` gam°.e NATIONAL ORPORATION THE AMERIAN CE COMPANY£;: ASSOCIATED INDORPORATIONAMERICAN LTfOMOBIIECE GrOl1�AIvTY ' STATE OF CALIFORNIA SS. By �. 1 f � I \M COUNTY OF MAR N } 1/ vii~-Pnesidenc j I On this 15 day of Amaril 2002 ,beforemepersonally a Harold .Na Marsh 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 i 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 WPI'NFSS WHEREOF,I have hereunto set my hand and affixed my official seal,the-day and year herein first above written. I I r KRISTIN A GAZZOLI^ D + COMM.91262236 NOTAP,YPUSUC-CALIFOPWA MARIN COUNTY 0 1 My Comm.E OMS ApN 22,2'Jne 1 ,c I STATE OF CALIFORNIA 1 SS. CERTIFICATE COUNTY OF MARIN 1 I L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF I ATTORNEY remains in full force and has not been revoked;aid 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, �now in force. �G�� Signed and sealed at the County of Marin. Dated the A day of _ -11-00 E E__'EJc- e e +fi B a L r Gme *teei eo ptaatsao - Rcsident Assisunt SotetuY I I 1