The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-668 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and OESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 20031668 SUBJECT: Approve the Drainage Improvement Agreement DA 0015(cross reference Sub 8507) for Windemere Water Quality Pond 6, being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Windemere Water Quality Pond 6 for Subdivision 8507,drainage acceptance file DA 0015(cross reference Sub 8507),property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,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 drainage 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 Or4rbwor Public Works(ES) shown. Contact: Teri Rit(313-2363) JC:gpp / r� ti:1Cn Dat&lEr4SvclBOt2003111-A-031DA 1`3130-20Aoc. Nov 4 November 2003 cc: Pubic works- T.Bell.Construction ATTESTED: J.Gray,Eng.sem' T_August 7,2004 JOHN SWEETEN,Clerk of the Board of Supervisors and County Windemere BLC land Company,LI-C. Administrator Brian Olin 3130 Crow Carryon Placae,#310 San Ramon,CA 94583 Travelers Casualty&Surety Company o£Amotica Nanette Mariella-Mayers 9325 Sky Park Court,Ste.220 By ; "" 'Deputy San Diego,CA 92123 RESOLUTION NO.2003/668 _ SUBJECT: Approve the Drainage Improvement Agreement DA 0015(cross reference Sub 8507) for Windemere Water Quality Pond 6, being developed by Windemere BLC Land Company,L.L.C., San Raman(Dougherty Valley) area. (District III) DATE: November 4,2003 PAGE: 2 I. Cash Bond Performance Amount. $2,700.00 Auditor's Deposit Permit No.DP410840 Date: August 26, 2003 Submitted by: Windemere BLC Land Company,L.L.C. Taxpayer identification number: 94-329-15-16 II. Surety Bond Bond Company: Travelers Casualty&Surety Company of America Bond Number and Date: 104125088 August 13, 2003 Performance Amount: $267,300.00 Labor&Materials Amount: $135,000.00 Principal: Windemere BLC Land Company,L.L.C. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION 2003/668 COUNTY OF CONTRA COSTA DEPOSIT PERMIT + ;2-- OFFICE OF COUNTY AUDITOR-CONTROLLER 1 �( TO THE TREASURER: MARTINEZ,CALIFORNIA j ) RECEIVED FROM -- f -- ORGANIZATION NUMBER 'T TOO (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG A CT TASK OPTION ACTIVITY AMOUNT Z _ M4306 4101- 3 $ Q ice- Eta f PK 1IL2 T' y _ L1a r (�U n2J / 3 Vj 6 " —I--L I IL I L L-A. T.1 171 1 M61651 L LM031( ri t 4/ EXPLANATION: TOTAI • J k / r 1, DEPOSIT Deposit consists of the folowing 2C COIN and CURRENCY S / c _ r r} S,M.C1 ETC. X 63 e.S . U Y,2� 619 7,3 1 �i)`/k'/' 2 4I I L BANK DEPOSITS $ / 3 / .3 3 r {_ �' ` FOI(AUD roR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DATE / . ASSIGNED ta•3 The amount of money described above is for 's rece'p a 0, is Receipt of above amount is hereby deposit into the County Treasury E acknowledged r' geusd: i rti _ fined ' c(K`"A bit tk*xT. y-234 Deputy County Auditor Deputy County Treasurer •34 REV.(7-93) C) 1576, L 19 i i COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM .. ORGANIZATION NUMBER. (For Casts Collection Procedures see County AdministroWs Bulletin 1'0&) DESCRIPTION FUNDJORG SUIL ACCT TASK OPTION AICTNITY AMOUNT i i i 3 i i S I I I 1 t i E - i i S 1 t ,S i i 1 t wi 1 1 i EXPLANATION: TOTAL S DEPOSIT Deposit consists of the following item CONN and CURRENCY $ CHECKS,ka ETC $ RANK DEPOSITS S FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_7,lF o NUMBER DATE ASSIGNED The amount of money described above is for 7 surer's receipt of obAw,amount is approved. Receipt of above amount is hereby eposit into the County Treasury, oc V+ � Date l4lla � d ,+ Signed: XT. `7 4 Deputy County Auditor Deputy County Treasurer -34 REV.(7.43) 819800-0800: 61120595, $1,300,00, bG0019, Landscape Improvement Cash Bond, Phase III Main Branch Alamo Creek, Windemere BLC LLC, 3130 Crow Canyon PI #310,.San Ramon,CA94583 819800-0800: G1120615, $5,000.00 Flood Control Permit 623-03, Cash Bond, City of Brentwood, 708 Third St., Brentwood, CA 94513 ►800-0800: G1120616,42.7,00-.:00, U600 5,.Winde ere I'I Water-Quality +*nd ;6, Cash Performance::-Btrrtd ctr�ii , Winc et here-�1�C LLC-, 3130 Craw Canyon Pt #310;ISan:Raman,,'C' 94583 819800-0800: G1120618, $6,570:00, 6G0025, Windemere II Water Quality Ponds 7&8, Cash Performance Bond (civil), Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583 0649-9665 1831000: 61120594, $9,900.00, DG0021, Windemere Phase IV Outfall, Drainage Improvement Plan ReviewDeposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583 0649-9665 / 831000: G1120596, $10.950.00, DG0019, Phase III Main Branch Alamo Creek, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583 0649-9665 / 831000: G1120597, $8,000.00, DG0019, Phase III Main Branch Alamo Creek, Additional Civil Improvement Plan Review (drainage) Deposit Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583 0649-9665 / 831000: &1120598,' $1— .00,LP98-2054, COA Compliance, Check Deposit- No Improvement, Robert D. Herrenhuhl, 816 Port Chicago Hwy, Bay Point, CA 94565 0649-9665 / 831000: 61120600, $96,900.00, Sub 8571, Major Sub Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1120601,$146,231.00, Sub 8572, Major Sub Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: &1120602, $402.23; MS3-00; Construction Inspection Deposit, Gene R. Schmidt, Inc. 940 Relieze Station Lane, Lafayette, CA 94549 0649-9665 / 831000: G1120605, $84.38, RS2657, Additional Rec. of Survey Checking Fee, job 00-213, Bay Area Land Surveying, 1828 Bonita Rd., San Pablo, CA 94806 0649-9665 / 831000: G1120604, $500.00, R52822, Record of Survey Deposit, job 99-162, Jay L. Harpers, 1539 Fourth St., San Raphael, CA 94901 0649-9665 / 831000: G1120605 $500.00, 852821, Record ofw Survey Deposit, job 200244, Clyde Miles Construction, 2201 Harbor ST. #E, Pittsburg, CA 94565 0649-9665 / 831000: G1120606, $500.00, RS2820, Record of Survey Deposit, job 03172.03250, DeBolt Civil Engineering, 811 San Ramon Valley Blvd. Danville, CA 94526 0649-9665 / 831000: G1120607, $5,486.00, MS98-1, Improvement Plan Check Deposit, David & Denise Fisher, 4050 Stone Valley Oaks or., Alamo, CA 94507 0649-9665 / 831000: G1120608, $33,020.00, RA1128, Road Acceptance Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1120611, $50000.00, Sub 8638, Inspection Fee Deposit, Shapell Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA 95035 0649-9665 / 831000: G1120612, $15,000.00,DA0027, Plan Review, Shapell Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA 95035 0649-9665 / 831000: G1120613, $500.00, RA1122 (DSRSD Dump), Map Check Shapell Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA 95035 0649-9665 / 831000: G1120614, $1,400.00, Flood Control Permit 623-03, Cash Deposit, City of Brentwood, 708 Third St., Brentwood, CA 94513 0649-9665 / 831000: G1120617, $15.630.00, DG0015, Drainage Improvement Inspection Deposit, Windemere II Water Quality Pond 6, Windemere BLC LLC, 3130 Crow Canyon Pl #310, San Ramon,CA94583 0649-9665 / 831040: G1120619, $33,070.00, 060025, Drainage Improvement Inspection Deposit, Windemere II Water Quality Pond 748, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583 Development No: DA 0015 1 Q022-fTd U IN71 Bond: 104125088 Premium: $1,871.00 INWROVEWNT SECURITY BOND FOR.DRAINAGE IMPROVEMENT AGREEMENT (faithful performance &maintenance, labor and materials) l. 018L1GA'TfUN: i de 1.. as Nn#)al,and Dae f &xriga a corporation organized and existing tender tete laws of the State of Connecticut and organized and existing under tic laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa., California to pay it; A. Faithful Performance,& Maintenance: Two Hundred Simy Sey=12973owd Three Htandtsd and QQUt)Sl.Dollars (S 2,67300.fQ—)for itself or any city-assignee tinder the below-cited Drainage Improvement Agreement,plus B_ Labor&Materials: 1 -d nikMEMS Thmand arc[ MIQQ Dollars for the benefit of persons protected unifier Title 15 §et seq.of the California Civil Code. ?, RECI'�,', C F CGINT CT: The principal contracted with the County to install and pay for drainage and other improvements in L (SUa 8JQ7) DA 0015 . as specified in the Drainage Improvements Agreement,and to complete said work within the time wed in the Drainage Improvement Agreement for completion, all in accordance with State and local laves and rulings thereunder in order to satisfy the conditions of approval for Wu_i_d=ercJ!hW 11 3_ CCtN I'I"It3N: If the principal faitltftally performs all things required according to the arms 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 iaiprovcment,and protects the premises from claims of such liens,then this obligation as to Section l-(B)above shall become null and void; otherwise this obligation remains in full force and effect. NO alteration of said contract or any pians or specifications of said work agreed to by the Principal and the -o,=ry shall relieve any surety from liability on this band; and consent is hereby given w make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2839, and holds itself bound without regard to and independently of any action aisinst Principal whenever taken, and agrees that if County sues on this band, Surety will,pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly beep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the:Wanner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full farce and effect. As pan of the obligation secured hereby and in addition to the face amount specified therefore,there shall be ;included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. h3. The condition of this obligation as to Section 2(8) above is such that said Principal and the undersigned as corporate surety arc held firmly bound unvo the Count of Carsua Costa and all contractors,subcontractors,laborers,material then and other persons employed in the performance Of the aforesaid agreement and referred td in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment ittsurance Act with respect to such worts or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfblly enforcing such obligation,to be awarded and fixed by the court,and to be tensed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure: to the befit of any and all persons,companies and corpamions,entitled to file claims under Title 15(commencing with Section 3082)ofPart 4 of Division 3 ofthe Civil Code,so as to give a rights of action to them or their assigns in any suit brought upon this brand. Should the condition of this bond be fully perform.+ed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the.Principal anal the County shall relieve any Surety Pimm liability on this bond; and consent is hereby given to make such alteration without fitrther notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever udwu_ ANS 8EAUD.on �Vust 13, 2003 re Land. LC Travg i"s Casualty Stn.^ety P N I yof Cal I ft i lnc. SL T' ' 22� of Amer cat gy isy /�'l.+vzt,I4 Law en ca n ce a ent Nanette Mariella-Myers, A orney�-in--Fact Address 3 3Ct CYaw Canyon $3ace #3 Address X25 Sky.Pkrr'mnrt., .R At San Ramon, CA 94583 San Diego, CA 92123 m. C�CrprrratiC i.c�Forms N WORMN-10 act: R" +vJW 12.2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orancxe On August 14, 2003 before me, Gordon J. Peterson, personally appeared Lawrence H. Thompson, 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 capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. MON J.PETERSON Witness rnyAtnd and offici seal. Comrniselon01335380 Notary Public-California Orange County My corn.Forge Dec 17,2005 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: Surety Bond No 104125088 Number of Pages: Two 2 Date of Document: August 13, 2003 Signers (other than those named above): Nanette Marieila-Myers CALIFORNIAALL-PURPOSE A! 1OWLEDGMENT NO.5907 State Of California County of Orange On 8/13/03 before me, Jane Kepner,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DUE,NOTARY PUBLIC" personally appeared Nanette Mariella-Myers NAME(S)OF SIGNER(S) ® personally known to me-OR- 0 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(les), and that by his/her/their KEPNEF2 signature(s)on the instrument the person(s), or the entity upon JANE . JANE.�1s NE behalf of which the person(s) acted, executed the instrument. commNOTARY PUBLIC*CALIFORNIA 3s-- ORANGE COUNTY Comm. ^q✓` Exp AUG.11,20015 WITNESS my hand and official seal. SIGNATURE 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 [l CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT Tm Es) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) (1 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-40671GEEF 2/68 01893 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Paris,CA 91309-7184 TRAVELED "ASUALTY AND SURETY COMPANY OF A` '1ICA TRA. LERS CASUALTY AND SURETY COWAN, FARMINGTON CASUALTY COMPANY Dartford,Conecticat 06183-9062 , POWER.OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette MaEriella- Myers, Rhonda C. Abel, Stanley C. Lynn, Patricia H. Brebner,Alexis H. Bryan, Leigh McDonough, of Irvine, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and.other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys4n=Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recosgnizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any senior Vine President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognumnce, or conditional undertaking shall be valid and binding upon the Company When(a)signed by the President,any Vice Chairman,any Executive Yoe President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate secretary or any Assistant secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any senior Vice President, any Vice President,any Assistant Vice President,any secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant secretaries or Attorneys-in-Fact for purposes only of executing and aftesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such f==mile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the firrture with respect to any bond or undertaking to which it is attached.. (11-00 standard) rlDravelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has. met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium.