HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-263 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 16, 2002,by the following vote:
AYES: Supervisors Gerber, Uilkema, Mover, and DeSaulnier
NOES: None
ABSENT: Supervisor John Gioia
ABSTAIN: None
RESOLUTION NO. 2002/ 263
SUBJECT: Approve the Drainage Improvement Agreement (DA 0009/0010) for Subdivision
7976,being developed by Windemere BLC Land Company,LLC, San Ramon area.
(District 111)
The following document was presented for Board approval this date for Subdivision 7976,drainage
acceptance file DA 0009/0010, property located in Dougherty Valley, the San Ramon area,
Supervisorial District III.
A drainage improvement agreement with Windemere BLC Land Company,LLC,principal,
whereby said principal agrees to complete all improvements, as required in said drainage
improvement agreement,within one year from the date of said agreement. Improvements generally
consist of creek restoration improvements.
Said document was accompanied by security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
shown.
WL cw
G:ICrpD&W\En#Svc%M002i7-16.030A 0004-0010 BG-20.d0c
ar4n,atar:Pumicworks(ES) ATTESTED: July 16, 2002
Contact: Tern Rie(313.2363) JOHN SWEETEN,Clerk of the Board of Supervisors and County
cc: Pubic works- T.Bell,Construction Administrator
T—5-16-02
winternere BLC,1s.0
3130 Crow Canyon P1.#310
San Ramon,CA 94583
The American Insurance Company By ,Deputy
5 Peters Canyon Read
Irvine,CA 42606
RESOLUTION NO.2002/ 2b-3
SUBJECT: Approve the Drainage linprovement Agreement(DA 0009/0010) for Subdivision
7976,being developed by Windemere BLC Land Company,LLC, San Ramon
area. (District
DATE: July 16, 2002
PAGE: 2
1. Cash Bond
Performance Amount: $25,500.00
Auditor's Deposit Permit No. DP 383448 Date: March 20, 2002
Submitted by: Windemere BLC,LLC
Taxpayer identification number: 94-3291516
11. Bond Company: The American Insurance Company
Bond Number and Date: 11127508064 March 18, 2002
Performance Amount: $2,520,400.00
Labor&Materials Amount: $1,272,950,00
Principal:' Windemere BLC Land Company,LLC
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2002/263
DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: DA0009(Ref.Sub 7976) DA QQ10 Effective Date: buw 2 �rt
Developer. Windemere BLC Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: DEVELOPER:WINDEMERE BLC LAND COMPANY LLC,
A California limited liability Company
By:LEN-OBS Windemere,LLC
CONTRA COSTA COUNTY DEVELOPER A Delaware limited liability Company
Maurice M.Shiu,Public Works Director By:Lennar Homes of California,Inc.,
Managing Me er
By: (Sitnewre)
(NIII NNarte wa
RECOMMENDED FOR APPROVAL 'de) chard Peterson Vice President
By: (sitnature)
Engin a Sere ion (11 1—and Tide) Don Larson Chief Financial Officer
FORM APPROVED: Victor J.Westinan,County Counsel
(NOTE: All signatures to be acknowledged If Developer is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations CodeS313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup ,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain ofd tract drainage improvements and such other improvements(including appurtenant
equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department
and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a
good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: S 25.500 cash,plus additional security,in the amount of$ 2,520.400
together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of-
Cash,
fCash,certified check,or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of S .1,272,950 which is fifty percent(506/6)of the estimated cost
of the work.Such security is presented in the form of
Cash,certified check,or cashier's check
4L Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with 594-4.406 and S94-4.408 of the Ordinance Code.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of C Ct f t` I
County of (� 6-b- C�
On t+<�t1�„41h l n , before me, .--` f�.4 S)11.��2 '
�T Elate Name and Title of Officer(e.g.,"3 na Doe,Notary iW)
personally appeared - vi
Name(s)of Signer(s)
Wersonally known to me-OR-El proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)Aare subscribed to the within instrument
1'0
and acknowledged to me that*+-labs/they executed the
w DEBRA A.SHERW )( same in MsA-tw/their authorized capacity(ies),and that by
0 CCNv M**1313582 hi/their signature(s)on the instrument the persons),
NOTARY PUBLIC-CALIf ORNIA Q
CONTRA COSTA COUNTY Q or the entity upon behalf of which the person(s) acted,
COMM,EXP.JULY 16, executed the instrument.
WITNESS my hand and official sea
Signature of Notary Public
OPTIONAL
Though the information below is not required by taw,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 Document
Title or Type of document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
Cl Individual 0 Individual
Cl Corporate Officer 0 Corporate Officer
Title(s): Title(s):
El Partner--Ll Limited 0 General 17 Partner---D Limited i] General
0 Attorney-in-Pact EJ Attorney-in-Fact
El Trustee 0 Trustee
O Guardian or Conservator 11 Guardian or Conservator
0 Other: Top of thumb here iI Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1995 National Notary Association>8235 Remmet Ave.,P.o,Box 7184-Canoga Park,CA 91309.7184 Prod.No.5967 Reorder:CallToll-Free 9-500.876-6827 r
LVVNIT VI*4. NIKAC. WA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER / 0
f,�, tc�o�mt3on#
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT
13 3
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EXPLANATION: i v # ...» TAL
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Deposit consists of the folkrw%ng Items
COIN and CURRENCY 3 t(
CHECKS,Ma ETC •
BANK DEPOSITS
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
ASSIGNEg83448 MAS'28`I�,,+
2
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
de sitintg)the Coun reasury. acknowle
j
} (� Signed: Sid:
Title.RV ' � �1 EXT IGS ty purity i yi County Treasurer'
3-34 REV:(7-93)
�j (\ y /
F}
0649-9665 / 831000: 61092053, $1,500.00, Flood Control Permit #607-02,
Application Deposit, J.P. Morris & Co., Inc., PO Box #560, Alamo, CA 94507
4649-9665 / 831000: 61092054, $7,125.00, SUB 7984 Final Map Check
Fee, Shapely Industries of Northern CA, 100 North Milpitas Blvd., PO Box
#361169, Milpitas, CA 95035
0649-9665 / 831000: 61092069, $500.00, Record of Survey RS 2659 Map
Check Fee Deposit, Ronald Greenwell and Associates, Inc., 10 South Lake
Drive, Suite 1, Antioch, CA 94509
0649-9665 / 831000: G1092070, $500.00, Record of Survey RS 2657 Map
Check Fee Deposit, Bay Area Land Surveying, 1828 Bonita Road, San Pablo,
CA 94806
0649-9665 / 831000: G1092071, $500.00, Record of Survey RS 2655 Map
Check Fee Deposit, Bay Area Land Surveying, 1828 Bonita Road, San Pablo,
CA 94806
0649-9665 / 831000: 61092072, $500.00, Record of Survey RS 2658 Map
Check Fee Deposit, Guida Surveying, Inc., 14712 Franklin Ave., Suite B,
Tustin, CA 92780
0649-9665 / 831000: G1092073, $500.00, Record of Survey RS 2656 Map
Check Fee Deposit, Susan Farrell, 1010 Scots Ln, Walnut Creek, CA 94596
0649-9665 / 831000: G1092082, $500.00, Record of Survey RS 2660 Map
Check Fee Deposit, Steven Danziger, 26 Southwaite Court, Orinda, CA
94563
0649-9665 / 831000: G1092083, $60,000.00, DA 0009 Inspection Fee
Deposit, Windemere BLC, LLC, ATTN TO: Brian Olin, 3130 Crow Canyon PI.
#310, San Ramon, CA 94583
819800-0800: G1092084, $25,500.00, DA 0009 Performance Bond,
Windemere BLC, LLC, ATTN TO: Brian Olin, 3130 Crow Canyon PI. #310, San
Ramon, CA 94583
Development No: _ DA 0009 (Xref._Sub. 79761.DA 001Q
.Bond: 111 2750 8064
Premium: $8,822.00
IMPROVEMENT SECURITY BOND
FOR.DRAINAGE IMPROVEMENT AOR,EEMENT
(faithful performance & maintenance, AND labor and materials)
1. t�B1.iCATIC3N: Windemere BLC Land Cam an LLC Princi a as
Principal, and The American Insurance C a SU-1trV
a corporation organized and existing,under the laws of the State of Nebraska
and organized and existing under the laws o.fihe State of California, as Surety,hereby jointly and severally
bind ourselves, our heirs, exoc:uters, administrators, successors and assigns TO the County of Contra Costa,
California to pay it;
A. Faithful Performance,& Maintenance:
($ 2,520A00.00 )for itself or any city-assignee under the below-cited Drainage
Improvement Agreement, plus
B. Labor& Materials:
($ 1,272,950-00 3 for the benefit of persons protected cinder Title 15 § et seq.
of the California Civil Code.
2. RECITAL OF CONT2ACT: The:principal contracted with the County to install and pay for drainage and
other improvements in D6 0009MA OOI O (Xref. Sub 79 76)
as specified in the Drainage Improvements Agreement, and to complete said work within the time specified
in the Drainage Improvement Agreement for completion, all in accordance with State and local laws and
rulings thereunder in order to satisfy the conditions of approval for Sub 7976
3. !QQNL II`I'ION: If the principal faithfully performs all things required according,to the terms and conditions
of said contract and improvement plan and improvements agreed on by the principal and the County,then
this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of
maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors,
and persons renting equipment or furnishing labor or materials to them for said work and improvement, and
protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become
null and vend; otherwise this obligation remains in full force and effect.
No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the
county shall relieve any surety from liability on this bond; and consent is hereby given to make such
a.liergions without further notice to or consent by Surety; and the Surety hereby waives the provision of
California Civil Code § 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken, and agrees that ifCoanty sues on this bond, Surety will pay reasonable
attorney fees fixed by court to be taxed as costs and included in the judgement.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On March 20, 2002 before me, S. McDonald, Notary Public, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. ., ►�. DONALD
Commission#12183
#Notary Puic-Ctsu
orange County
MY Comm. 2034
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:
Corporate Officer--Vice President Lennar Homes of California.,Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Improvement Bond No. 1112750 8064
Number of Pages: Two (22,)
Date of Document: March 18, 2002
Signers (other than those named above): Jeri Sumner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Change
Can March 18 2002 before me, Alexis H.Bryan,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Jeri Sumner
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
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
_ b A.
ALEXIS H.BRYAN
otoryComr#as#ons-Cal ft i WITNESS my hand and official seal.
Not�lry I}nb#Ic-Ce#i1'arn#�I
Orange County
IDMY COMM Fatpires Jun 1,2005
SEG RE 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
M 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-4087/GEEF 2196 m 1993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 -
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 THESE PRESENT'S:That FIREMAN`S FUNIS INSURANCE COMPANY a California corporation,NATIONAL SURETY CORPORA'T'ION,
an IIlinois 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 James A. Schaller, Stanley C. Lynn, Jane Kepner, Nanette
Mariella-Myers, Rhonda C. Abel., Mike Parizino, Lind. Enright and Jeri Sumner
of Costa Mesa, CA.
their trite and lawful Attorneys)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,sea],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
&nested 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 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY
CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY 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 FIREMAN'S FUND INSURANCE
COMPANY.NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held.or by written consent,on the 19th day of March. 1495,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 sea]of the
Companies may be affixed or printed on any power of attorney.on any,relocation of any power of attorney,or on any certificate relating thereto,b
facsimile.and any power of attorney.any revocation of any power of&homey.or certificate bearing such facsimile signature or facsimile sea]shall
valid and binding upon the Companies'
IN WITNESS WHEREOF. the Companies have caused a rats to be signed by their Vice-President, and their corporate seals to be mo axed
this Q.5 day of r Au-gust
FIREMAN'S FUND INSURA COMPANY
�yy stv's t nr''w w«•�r.,,,, NATIONAL SURETY RPORATTON
;ytesryy y4 ♦G �� sv +! 4Y
��,.o,trt «,...,,o, �,, �,,rr.«,«,hyo .,� es• ,� � '•-..,4 EAMERICAN INSU E COMPANY.
o :` * ,4 . --• SOCIAT'ED IND ORPORATTON
sarr& :s s w s.; A RICA AUTOMOBILE INSU CE COMPANY
`soft `` y s .
���� "tom `. «`� *'�'�CP G�'�"t ��'��+YgF�C��tt "�tiWfS•'�««
By
STATE OF CALIFORNIA vice-t4esidanEV
COUNTY OF MARIN JJ ss.
On this 05 day of August 19 99 before me personally came Harold N• Marsh tome 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 Directors of said companies
and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have ere nto set�tiy hand and affixed m official seal, a day and year herein first above written,
. .�..r�..:.
L OCAMPO
_ Commission# 1163726
p,ar Notary Public-ColiforniC
Morin County Axvy t
My Cornet s N
STATE OF CALIFORNIA
COUNTY OF MARIN Iss.
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-laves of each company,and the Resolution of the Board of Directors;set forth in the Power ofAttomey,
are now is force.
Signed and sealed at the County of Marin, Dated the x 8th day of March- 2002
san.au o �s • A L
4CayeC�a 'iy«. ,.•9`~ v�� E ti�t�2 :�� !� '•°� •` t,,,s•" .-,
A tJ G 4
rrOw Jd •'"
Resident Assiwuu Sscmury
v:n.rny •w no