HomeMy WebLinkAboutMINUTES - 12202005 - C.10 (2) CONTRA COSTA Co Recorder Office
Reeordedattberegnestnf: STEPHEN L, WEIR Clerk-Recorder
DDC— 2005-0496205-00
Contra Costa County Wednesday, DEC 28, 2005 11:17:33
Board of Supervisors FRE
Return to: Ttl Pd $0.00 Nbr-0003059821
Public Works Department
Engineering Services Division 1 r t/R9/1—7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 20, 2005 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/
SUBJECT: Accepting compleiion of improvements, Subdivision 00-08149, San Ramon
(Dougherty Valley) area. (District III)
These improvements are approximately located east of Bollinger Canyon Road near
Windemere Parkway.
The Public Works Director has notified this Board that the improvements in Subdivision 00-
08149 have been completed as provided in the Subdivision Agreement with Windemere BLC Land
Company,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision
Map.
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G:\GrpD2ita\EngSvc\BO\2005\12-20\SD 00-08149 BO-45.doc
Originator: Public Works(ES)
Contact: Teri Ric(313-2363)
Recording to be completed by COB
I.D.94-3291516
cc: Public Works -T.Bell,Construction Div. I hereby certify that this is a true and correct copy of an
-M.Valdez,M&T Lab I action taken and entered on the minutes of the Board of
-H.Finch,Maintenance Div.
-I.Bergeron,Mapping Div. Supervisors On the date shown.
-E.Hu,Engineering Svcf
T.—October 20,2006 ATTESTED:
Sheriff-Patrol Div.Commander
CHP,c/o Al JOHN SWEETEN, Clerk of the Board of Supervisors and
CSAA—Cartog
C.Low,City of San Ramon County Administrator
Windemere BLC Land Company,LLC `
6121 Bollinger Canyon Road,Ste 500 p
San Ramon,CA 94583
Attn:Brian Olin By , Deputy
The American Insurance Company
777 San Marin Drive
Novato,CA 94995-2000
Attn:Kristin A.Gazzoli
RESOLUTION NO.2005/_
SUBJECT: Accepting completion of improvements, Subdivision 00-08149, San Ramon
(Dougherty Valley) area. (District III)
DATE: December 20, 2005
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of December 20,2005 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
February 12, 2002 The American Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for$584,000.00,
Bond No. 11133599248 issued byithe above surety be RETAINED for the six month lien guarantee
period until June 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 IT FURTHER RESOLVED that Adelaide Hills Court,Andreas Court,Allanmere Court,
Angsley Lane,Andreas Way,Allanmere Drive,and Arrowfield Way the hereinafter described roads,
as shown and dedicated for public use on the Final Map of Subdivision 00-08149 filed March 1,
2002,in Book 439 of Maps at Page 32,Official Records of Contra Costa County,State of California,
are ACCEPTED as COMPLETE.
Road Name Road-R/W Widths Lengths (Miles)
Adelaide Hills Court 36' curb/48'RW 0.11
Andreas Court 36' curb/48'RW 0.03
Allanmere Court 36' curb/48'RW 0.03
Angsley Lane 36' curb/56'RW 0.10
Andreas Way 36' curb/56'RW 0.14
36' curb/48'RW 0.02
Allanmere Drive 36' curb/56'RW 0.23
Arrowfield Way 36' curb/56'RW 0.15
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$11,700.00 cash deposit(Auditor's Deposit Permit No. 378574,dated December
11,200 1)made by Windemere BLC Land Company,LLC and the performance/maintenance surety
bond rider for$173,445.00,Bond No. 11133599248 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.
The developer will maintain and own the improvements during the warranty period.
All deposit permits are on file with the Public Works Department.
90e�(�q�
Increase or Decrease Bond Penalty Rider
Rider to be attached to and form a part of Bond Number 111 3359 9248 dated the 30`h day of
November , 2001 executed by The American Insurance Company . Surety, on behalf of Windemere
BLC Land Company, LLC , Principal J and in favor of the County of Contra Costa Obligee
for SUB 8149, Phase 1, Village 10.
It is understood and agreed that the Bond Penalty is changed:
From: One Million One Hundred Fifty Six Thousand Three Hundred and NO/100's Dollars
($1,156,300.00)
To: One Hundred Seventy Three Thousand Four Hundred Forty Five and NO/100's
Dollars ($173,4451.00)
Effective: June 16, 2005
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.
Signed, sealed, and dated this 26`h I day of July 2005 .
PRINCIPAL
By: (See attached signature page)
The American Insurance Company
SURETY
By _(Seal)
Eileen M. Robison ATTORNEY IN FACT
Increase or Decrease Bond Penalty Rider
Rider to be attached to and form a part of Bond Number 111 3359 9248 dated the 301h day of
November , 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 , ObIigee
for SUB 8149, Phase 1, Village 10.
It is understood and agreed that the Bond Penalty is changed:
From: One Million One Hundred Fifty Six Thousand Three Hundred and NO/100's Dollars
($1,156,300.00)
To: One Hundred Seventy Three Thousand Four Hundred Forty Five and NO/100's
Dollars ($173,44500)
Effective: June 16, 2005
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
der 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.
Signed, sealed, and dated this 26`h day of July 2005 .
PRINCIPAL
By: (See attached signature page)
The American Insurance Company
SURETY
By_ i � Wz' (Seal)
Eileen M.Robison ATTORNEY IN FACT
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 Mfember AJA
By:
Greg Pok,AceVresident
By: CLQ Q ���CtJC
Dee Baker,Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 27, 2005 before me, Dina Printy, Notary Public, personally
appeared Greg Pomi and Dee Baker, 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#t as36lo
z -ea d Notary Public -California
J = ;y; -
//�� Orange County
My Comm.Exptres Nov 28,2007
OPTIONAL
Though the data below is not requi led 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.
Dee Baker- Assistant. Secretary Lennar Homes of California, Inc.
I
DESGRIPTON OF ATTACHED DOCUMENT
Type of Document: Increase or Decrease Rider for Surety Bond No. 111 3359 9248
Number of Pages: Two (2)
Date of Document: July 26, 2005
Signers (other than those named above):Eileen M. Robison
ACKNOWLEDGEMENT
State of California
County of Marin } ss.
On July 26, 2005 before me, Brenda J. Dickson, personally appeared
Eileen M. Robison, 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
signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE 46 (seal)
Brenda J. i kson
BRENDA J. DICKSON D
0 COMM.#1318092 ,D
—1b NOTARY FUSUC-CALIFORNIA
MARIN COUNTY 0
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My C I mm. Expires August 17,2005"�
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 TBESE 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
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint
Eileen M. Robison of Novato, CA
their true 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------------
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'Setxet i 'hereby ratifying 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 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 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.
"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 causes these presents to be signed by their Vice-President,and their corporate seals to be hereunto
affixed this 2nd dayof Novettiber 2001
FIREMAN'S FUND INSURANCE COMPANY
r,� tcO� a`°`�♦`O a .t` s`Oa ��°`�`"��%" �o°_r't ?E�`F NATIONAL SURETY CORPORATION
_` Moo =` e e ♦ __'
z LF= THE AMERICAN INSURANCE COMPANY
Z sEvr aero -`< _ .so_
4�ti �'y `* ' `do `��• �'` ASSOCIATED INDEMNITY CORPORATION
b � ."....•.• ,,yCE gyp$ 4,INCE��OJ •rr�Mo AMERICAN AUTOMOBILE INSURANCE COMPANY
0 STATE OF CALIFORNIA SS. BY �-t" G, •
COUNTY OF MARIN } Vice-President
On this 2nd -day of November 2001 ,before me personally came Donn R. Kolbeck
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
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 Direciors 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 fust above written.
r KRISTIN A."'20
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O COMM.#1262236
NOTARY PUELIC•CALIEORNIA 0
'r MARIN COUNTY
My Comm.Expires Aqi'201 2001
No li
STATE OF CALIFORNIA 1 SS. CERTIFICATE
COUNTY OF MARIN J
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 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 sealed at the County of Marin. Dated the '� day of c
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