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HomeMy WebLinkAboutMINUTES - 07252006 - C.9 (2) III III HIM i CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County pOH— 2006-0235825-00 Board of Supervisors Return to: Wednesday, JUL 26, 2006 10:56:05 Public Works Department FRE Engineering Services Division Tt l Pd $0.00 Nbr-0903338059 Irc/R9/1-8 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/ '077 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 02-01137 (cross-reference Subdivision 03-08509), for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near East Branch Parkway. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Road Acceptance 02-01137 (cross-reference Subdivision 03-08509),have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Windemere BLC Land Company, LLC, heretofore approved by this Board; BB:vz G:\EngSvc\BO\2006\07-25\RA 02-01137 BO-45 DV(Landscaping).doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works A.Bell,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 ATTESTED: CHP,c/o Aloe CSAA-Cartog JOHN CULL , Cl 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 Attn:Brian Olin By �Z464_lql� , Deputy Arch Insurance Company 135 N.Los Robles Avenue,Suite 825 Pasadena,CA 91101 Attn:Rhonda C.Abel !/ RESOLUTION NO.2006/ 7T SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 02-01137 (cross-reference Subdivision 03-08509), 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 landscape 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 Subdivision Agreement(Right-of-Way Landscaping): DATE OF AGREEMENT NAME OF SURETY July 13, 2004 Arch Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$241,950.00, Bond No. SU 500 7567 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 Right-of-Way Landscaping improvements on East Branch Parkway are ACCEPTED AS COMPLETE. Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$4,840.00 cash deposit(Auditor's Deposit Permit No.424912,dated May 20,2004)made by Windemere BLC Land Company,LLC,and the performance/maintenance surety bond rider for$71,859.00, Bond No. SU 500 7567 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. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 20061 �Vj;' K4 1164- L RIDER To be attached to and form part of: Bond Number SU5007567 dated 5/11/2004 issued by the ARCH INSURANCE COMPANY in the amount of $ 479,060.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Bond amount shall be amended: FROM: $479,060.00 TO: $71,859.00 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 7th day of April, 2006. Signed, Sealed & Dated this 7th day of April, 2006. WINDEMERE BLC LAND.COMPANY,LLC.,a California limited liability company By: LEN-OBS WINDEMERE, LLC., a Delaware limited liability company, its Managing Member By: LENNARHOMES OF CALIFORNIA, INC., a California Corporation, its Managing Member By; G l r3.¢iAi/ G. O�ir By:� y ARCH INSURANCE COMPANY (Surety) By: Rhonda . Abel, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On April 7, 2006 before me, J. Barragan, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rhonda C. Abel 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/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their J. BARRAGAN signature(s) on the instrument the person(s), or the entity upon Commission# 1635125 behalf of which the person(s) acted, executed the instrument. .� Notary Public-CaiNOrrda Orange County My comm.Expires Jon 5,201 WITNESS hander official seal. ,f GNATURE 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 - ❑ _..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/GE 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP POWER OF ATTORNEY Know All 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, Jane Kepner, Nanette Myers,Mike Parizino, James A. Schaller, Rachelle Rheault, Ashley -Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) Its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: 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 same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The Comp.any may revoke this appointment at any time. The .execution of such bonds and undertakings in pursuance of these',presents. shall be as binding upon the said Company as fully and amply to all Intents and purposes, as'if.the same had.4eeff;duly executed and acknowledged by its regularly elected officers at Its principal office 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 ort 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 fulfforce and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President,.or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and ettomeys-In-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, 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 Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature 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 Board 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 valid and binding upon the Company. OOML0013 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 �$ �Once � CORPOKATE xEAt / 1971 {fir Mary Jea a An rson, a President Edward M. Titus,Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, 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 W6 uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINKUS,Notary Public City of Philadelphia,Phila.County Kathleen Marcinkus,N tary Public My ComrWssion Expires February 25,2006 My commission expires 2-25-06 CERTIFICATION 1, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attomey 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 my name and ice ac�xRorate s eft Arch Insurance Company on this 7th day of April ,2006 Mary Je ne erson,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&Developers Group 135 N.Robles Ave.,Ste. 825 Pasadena, CA 81901 e�ran� 0 sou 1471 Mi;sOud 00MI.0013 00 03 43 Page 2 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On April 11, 2006 before me, Karen L. Keenan, Notary Public, personally appeared Brian G. Olin & Erik S. Brown, 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 capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L KEENAN Common it 1378827 Notary Public - Colifomio l Signa re of Notary Pv lic Contra Costa County My Comm.Expires Oct 7,2006