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Home My WebLink AboutMINUTES - 07252006 - C.6 (2) CONTRA COSTA Co Recorder Off ice Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County Doc. 2006-0235823-00 Board of Supervisors Return to: Wednesday, JUL 26, 2006 10:55:18 Public Works Department $0.00 Engineering Services Division FRE T E Nbr-0003338046 Irc/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 25, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - RESOLUTION NO. 2006/ 74�'T SUBJECT: Accepting completion of improvements for Main Branch Alamo Creek Restoration, Drainage Acceptance 00-00001 (cross-reference Subdivision 95-07976),for project being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) These improvements are located on Main Branch Alamo Creek. The Public Works Director has notified this Board that the improvements for Drainage Acceptance 00-00001 (cross-reference Subdivision 95-07976)have been completed as provided in the Drainage Improvement Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board; BB:vz G:\EngSvc\BO\2006\07-25\DA 00-00001 BO-45 DV(DA).doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works Construction Div. I hereby certify that this is a true and correct copy of an P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of -I.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. Supervisors on the date Shown. T.—May 25,2007 Sheriff Patrol Div.Commander ,� CHP,c/o Al ATTESTED: '� , 7 �e to C CSAA-Cartog JOHN CULLEN le of the Board of Supervisors and Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 . Attu:Brian Olin The American Insurance Company By ,Deputy 777 San Marin Drive Novato,CA 94998 Attn:Patricia Brebner RESOLUTION NO.2006/ �'" SUBJECT: Accepting completion of improvements for Main Branch Alamo Creek Restoration, Drainage Acceptance 00-00001 (cross-reference Subdivision 95-07976),for project being developed by Windemere BLC Land Company,LLC,San Ramon(Dougherty Valley) area. (District III) DATE: July 25, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 25, 2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Drainage Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY September 11, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$802,000.00,Bond No. 11133 5 832 83 issued by the above surety be RETAINED for the six month lien guarantee period until January 25,2007,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 creek improvements on Main Branch Alamo Creek are ACCEPTED AS COMPLETE. Upon acceptance by the Board of Supervisors,the developer, Windemere BLC Land Company, LLC, shall maintain the creek improvements for five years in accordance with the Windemere Mitigation Monitoring Plan. Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Company,LLC, shall retain the drainage improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$16,000.00 cash deposit(Auditor's Deposit Permit No. 372608,dated August 7,200 1)made by Windemere BLC Land Company,LLC,and the performance/maintenance surety bond rider for$238,200.00,Bond No. 11133 5 832 83 issued by The American 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. RESOLUTION NO. 20061 �r Fireman's —Fund' Increase or Decrease Bond Penalty Rider To be attached to and form a part of Bond Number 111 3358 3283 dated the 18th day of July, 2001, executed by The American Insurance Company, Surety, on behalf of Windemere BLC Land Company, LLC, Principal, and in favor of the County of Contra Costa, Obligee. It is understood and agreed that the Bond Penalty is changed: From: One Million Five Hundred Eighty Eight Thousand And No/100ths ($15588,000.00) To: Two Hundred Thirty Eight Thousand Two Hundred And No/100ths ($238,200.00) Effective: February 28th, 2006 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 herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the above mentioned Bond other than as stated above. Sig , sealed, and dated this 28th day of February, 2006. �pmy (See attached signature page) Wi ness Principal The American Insurance Company Surety . gyp Z � "� � �. Seal B Witness._ { ` Brenda J. Dick n, Attorney-in-Fact ACCEPTED T The above is hereby agreed to a ccepted: unty of Contra Costa Obligee Attest Title Title Bond No. 1113358 3283 WINDEMERE BLC 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 7 By: Greg Pomi, Vice President \&-tness By Trudie Wilson, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 3, 2006 before me, Dina Print y, Notary Public, personally appeared Greg Pomi and Trudie Wilson, 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. DINA PRINTY Witness_My hand and official seal. `.; Commission# 1453670 a '---- Notary Public-California D Yr/aa ) Orange County My Comm.Expires Nov 28,2007 L p i 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: Greg Pomi — Vice President ` ` Lennar Homes of California, Inc. Trudie Wilson - Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 11133583283 Number of Pages: One (1) Date of Document: February 28, 2006 Signers (other than those named above): Brenda J Dickson FIREMAN'S FUND INSURANCE COMPANY X&TIOW-1 SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE-AM13RICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OP ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURErY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Brenda J. Dickson 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 riature 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 CDMMUCS'Secretary,hereby md*g 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 V.E1 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 die 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 reheated; "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 seat shall be valid and binding upon the Companies." IN WITNESS WHEPEOF,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 April 2Q0? FIREMAN'S FUND INS` CE COMPANY �L S 46 NATIONAL CORPOP-ATION- NIN THE AMERICA INS CE COMPANY Z SEPrAwn z a. ASSOCIATED I Md CORPORATION vv, 0 , -1 1, "4 .V AMERICAN UTOMOBILE INS CE COMPANY STATE OF CALIFORNIASS. B �Vo COUNTY 0FKKRlN Iy -V vice-Pmt eat On this 15 day of April 2002 before me personally e Harold N-. Marsh to me known,who,being by me duly sword.,-did depose-and say:--that he7is a Vicewhesident,of each-companyj=describod--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 tb,--y 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- KRISTIN A.GA=OLI 0 COMM.91262236 NOTARY PUBUO-r4kUFORNLA MARIN COUNTY mycomm.Ejo—"29,2004 ic STATE OF CALIFORNIA Ss, CERTMCATE V, 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 furthermorathat Article V11 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 Marin. Dated the day of L-ez� soft, B Zt L! -U." x� 2z -� ;v,,,, Resident Assistant S4&-WY