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Home My WebLink AboutMINUTES - 07252006 - C.7 (2) illl II III I III II III III I it Ilii III III I Iiil I II III ill CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County D Board of Supervisors OC— 2006-0235824-00 Return to: Wednesday, JUL 26, 2006 10:55:25 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nb i 00038380S/1-817 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/ SUBJECT: Accepting completion of improvements for East Branch Alamo Creek Restoration, Drainage Acceptance 00-00002(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 East Branch Alamo Creek. The Public Works Director has notified this Board that the improvements for Drainage Acceptance 00-00002 (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 00-00002 BO-45 DV(DA).doc I hereby certify that this is a true and correct copy of an Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Rie(313-2363) Recording to be completed by COB Supervisors on the date shown. I.D.94-3291516 cc: Public Works —Construction Div. -P.Tehaney,M&T Lab ATTESTED: Psi—, ,c 1.Bergeron,Mapping Div. B.Balangan,Engineering Svc. JOHN CULLEN, Clei of the Board of Supervisors and -T.—May 25,2007 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 By z Deputy Windermere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 777 San Marin Drive Novato,CA 94993 Attn:Patricia Brebner RESOLUTION NO.2006/ �! SUBJECT: Accepting completion of improvements for East Branch Alamo Creek Restoration, Drainage Acceptance 00-00002(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$1,199,500.00,Bond No. 111 335 832 75 issued by the above surety be RETAINED for the six month lien guarantee period until.January 25,2006,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 creek improvements on East 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$24,000.00 cash deposit(Auditor's Deposit Permit No. 372608,dated August 7,200 1)made by Windemere Land Company,LLC,and the performance/maintenance suretybond rider for$356,250.00,Bond No. 11133 5 832 75 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. , RESOL UTION NO. 20061AO Fireman's Fund' Rider Executed in Duplicate To be attached to and form a part of Bond Number 111 3358 3275 dated the 18th day of July, 2001, executed by The American Insurance Company, Surety, on behalf of Windemere BLC Land Co. LLC, Principal, and in favor of the County of Contra Costa, Obligee. It is understood and agreed that the Bond Penalty is reduced to $356,250.00 to guarantee the material and workmanship relative to the installation of East Branch Alamo Creek Restoration, Phase 1A, against all defects and to promptly perform work and supply material fora period of one year after the date of acceptance of said improvements by Obligee. Should Principal fail to promptly repair and replace materials or work required to be done by him within the time allowed by Obligee, the Obligee may, at its option, cause all required work to.be done and the parties executing this rider shall be firmly bound for the payment of all necessary costs thereof. This rider is conditioned upon and guarantees due compliance with all applicable provisions of the Subdivision Improvement Act of the State of California and the agreement referred to above. NOW THEREFORE, if the above bounded Principal shall well and truly repair and/or replace defective material and workmanship, this obligation shall be void one year after the date of acceptance of the improvements by the Obligee, otherwise this obligation shall remain in full force and effect. Provided, however, that after Obligee accepts the improvements in question the aggregate liability under this Bond, as revised by this Rider, shall in no event exceed the sum of $356.250.00. 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. IN WITNESS WHEREOF, said Principal and said Surety have caused these Presents to be duly signed 7anale s 28th day of February, 2006. See attached signature page Witness Principal The American Insurance Company Surety Br c � - Seal Wit 94- ss Brenda J. Dic on, Attorney-in-Fact ACCEPTED The above is hereby agreed to a ccepted: nty Contra Costa Obligee B . Attest Title Title Bond No.111 3358 3275 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 By: Greg Pomi, Vice President By: Trudie Wilson, Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 3, 2006 before me, Dina Printy, 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. a � DINA PRINTY Commission# 1453610 Witness my hand and official seal. e - Notary Public-California Orange County My Comm.Expires Nov28,2007 l 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. DESCRIPTION OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 11133583275 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 NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESEPRESENTS: 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 Nebraska, ASSOCIATED INDEbU41TY 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, seat, 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'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 force and effect. This power of attorney is signed and scaled 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 15 day of. April 2002 �S fUND INS CE COMPANY `�*,�•:;�rey f - �o `°�`•:R•`4` r�4 f`�,�� NATIONALS CORPORATION THE AMERICAN INS TCE COMPANY z �gTO a t {J Easy. 1 £ ASSOCIATED II�1D CORPORATION '•< `��` 4e »•• ,fig +rn RICAN vTOMOBII IhI CE COMPANY ��r � 'C' �.arr..r �'CE CO +ikCE C4 y+�a�ll5t STATE OF CALIFORNIA ISS. By COUNTY OF MARIN vice-Prost ent On this 15 day of April 2 0 0 2_,before me personally C#me Hero ld .N.. Marsh to me mown,-who,being-by:me.duly=swore,did depose.and-say..that ho-is a Vicc-President of each company,described in and which executed the above instrument;that he Mows 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 WHEREOF,I have hereunto set my hand and affixed my official seat,the.day and year herein first above written. . i,. fCRISTIN A GALZ041 COMM.#1262236 > -+m NOTARY PUBUGCAtrFORNIA MARIN COUNTY 0 My Comm.E49m Apdt lir,2OD4 lie STATE OF CALIFORNIASS. CERIMCATE _. COUNTY OF MARIN 1, 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 scaled at the County of Marin. Dated thee,=r1' day of L _K_w/Ii,��-� ? lse "Ail d . fEfT.LOriD " 14j/tpL(gZ�■'' +r. Z , }+ # h' I B G A G:9 ,� t r tT 'r......�• �'vca e� IkcE eo toaa�° Resident Assistant SotetvY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �Ma/114 On - r'j Labii% before me, 7� ��t , y�• ��r J.Z Z�;It . t�tc• .v�� 1��.h�f c Date Name and Title of Officer(e.g.,"J ne Doe,Notary P blit") personally appearedI)i'C--IL-'s4J, Name(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the persono whose name(, is/ale subscribed to the within instrument and acknowledged to me that IrA/she/tl;liby executed the same in */her/their authorized capacity(ie)4, and that by h /her/thfir ,- KRISTIN A.GAZZOLI D signature( on the instrument the person), or p W COMM. #1488119 T the entity upon behalf of which the person A NOTARY PUBLIC-CALIFORNIA acted, executed the instrument. MARIN COUNTY My Comm.Expires APRIL 29,2008 1 WI ; S my hand and official seal. Place Notary Seal Above Signature' f{ 'to Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do ument Title or Type of Document: 3Q Document.Date: -Number of Pages: -� Signer(s) Other Than Named Above: .� Capacity(ies) Claimed by Signer Signer's Name: / ❑ Individual �,-� Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ Generate ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ff` r f l