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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-019 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 13, 2004 by the following vote: AYES: SUPERVISORS GIOL4, UILKEnA, GREENBERG, AND GLOVE71 NOES: NONE ABSENT: SUPERVISOR DESAUUTIER ABSTAIN: NONE RESOLUTION NO.2€041 -1.9 SUBJECT. Approve the Second Extension of the Road Improvement Agreement for Bollinger Canyon Road and Alamo Creek Road Culverts#2 and#3,RA 1113(cross-reference Subdivision 7976, San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Improvement Agreement between Windemere BLC Land Company,L.L.C. and the County for construction of certain improvementsin Road Acceptance 1113, in the San Ramon(Dougherty Valley) area, through September 11, 2004; APPROXIMATE PERCENTAGE OF WORD COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: February 2004 ♦ REASON FOR EXTENSION: Final punchlist items need to be completed. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. JD:rm G:\GrpData\EngSve\BO\2004\0t-13-04\RA 1113 80-11.aoc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works trs> and entered on the minutes of the Board of Supervisors on the date Contact: Teri Ric(313-2363) shown. cc: Public Works—T.Sell,Construction Current Planning.Community Development ATTESTED: JANUARY 13, 2004 T—November 13,2004 Wincfernerc BLC Land Company,L.LC. JOHN SWEETEN, Clerk of the Board of Supervisors and County Attn:Brian Olin Administrator 3130 Crow Canyon Place,Suite 310 San Ramon,CA 94583 The American Insurance Company Ann:Patricia Brebner 5 Peters Canyon By 4 ,Deputy 1Mnc,CA 52606 RESOLUTION NO.2004/ 19 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 1113 Developer: Windemere BLC Land Co.,LLC Original Agreement Date: September 11,2001 2°a Extension New Termination Date: September 11,2004 Improvement Security SURETY: The American Insurance Company BOND No.(Date): 11133583465 (August 14,2001) Security Type Security Amount Cash: $20,900.00(1% cash,$1,000 Min.) Bond: $2,069,100.00(Performance) $1,045,000.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety h/ere_b/y agree thereto and acknowledge same. Dated: _ T//AL*, Dated: October 28, 2003 AV Windemere BLC Land Compan , LLC By: Lennar Homes of California, Inc. FOR CONTRA COSTA COUN its manager Maurice M. Shiu,Public W ks D ec Developer's Signature(s) By: C+ -,j Printed David Evan , V.P. 3130 Crow CanyonSuite 390 San Ramon, CA 9483 RECOMMENDED FOR APPROVAL. Address By: THE AMERICAN INSURANCE COMPANY gineTrinWryices Division) Surety or Financial Institution 777 San Marin Drive Novato, CA 94998-2000 Address (NOTE. Developer's, Surety's and Financial � Institution's Signatures must he Notarized.) Attorney in Facts Signature FozMnrrxovED:vkw],W sum C..;yC.—j Patricia Brebner Printed AfterAppreEal Return to Clerk ofthe Board CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT GEMENT State of California County of Orange 4n October 28, 2003 before me, Gordon J. Peterson, 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 capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the!person acted, executed the instrument, GORDON J.PETERSON Witness my nd and official seal. commission# #335380 < Notary Public-California orange County l4ty C.camn �lra�a t3a+ 17,2006 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. DESCRI'PTON OF ATTACHED DOCUMENT Type of Document: Road_Improvement Agreement Extension for Bond No. 11133583465 ! Number of Pages: One Date of Document: October 28 2003 Signers (other than those reamed above): Patricia Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Imo.5W7 State of California County of Grange On October 22, 2003 before me, Leigh McDonough,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia Brebner „ NAME(S)OF SIGNER(S) personally known to me r 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 helshelthey 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. LEIGH MGDOt40LUG commission#1328874 Notar; Public-calilo nia Z orange County WITNESS my hand and official seal. 1190 my COMM.E)rpims NOV116�2AW5 SIGNATURE 05YOTARY i 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) F] 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/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FIREMAN'S FUND INSURANCE COMPANY I!MONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION TER AMERICAN INSURANCE COMPANY AMERICAN AUTOMODUS IN3URkN0E COMPANY GENERAL POWER OP ATrOBNBY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COWANY,a New Jersey cogwation redomestitAted is Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and A.MF..i2ICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia Brebne r of Costa Mesa, CA their true and lawful Attorney{s}-in-duct, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognisances or other written obligations in the mature thereof------------ and to bind the Companies thereby as fully and to the same extent as if such boa ds were s*ocd by tare Paesidant,healed with the corporateseals of the CnaWdes and duly attested by the Compa es'Secretary,hereby ratifying and confirming all that the said Attomey(s)-k beret may do in the prMises. This power of attorney is granted under seed,by the authority of Article VII of the By-laws of each of the Companies which provisions are now in fdi tome and effect- This power of attorney is signed and sealed under the authority of the following Rexalubo adopted by the Board of Directors of each of the Companies at a meeting drily called and bold,or by written consent,on the I%day of=9 3,and said Resolution has not been amended or repealed: "RESOLVED,that the sipatu n of any Mice-President,Assistant Secretary,and Resident Assistant Seery of the Companies, and the seal of the Companies array be affixed or printed on say power of atto my,on any revocatioaa of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any pourer of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WTtNEa S WIIEItEiOF,the Companies have caused these presents to be sired by their Vice-President,and theircorporate seals-to be hereunto swixe d us3 0 day of Jan teary 0{l 1 k;too r, �� "�`r '�` FJREM A,I" S FUND INSURANCE COMPANY NATIONAL SURM`Y C:OItPORA11ON THE AMERICAN INSURANCE COMPANY0-% , » e * ; AStSOCIATED INDEMNITY CORPORATIONi*»,...»;••"* ` ce c :`�xr"c" 'tans+a' AMM Urf0MOBILE INSURANCE t 0MRANY STATE OF CALIFORNIA COUNTY OF MARIN SS' y vacs csl t On this 30 day of January , 2 0 0 1.before rays personally came p2ng R. Kt o_lbock to we known,who,being by me duly sworn,did depose and say:that he is a Mwe-Pies t of each company, bed is and which executed the above lnstrumat;that he knows the seals of the said Cores;that the seals affixed to the said instrument are such company seats;that they were so affixed by order of the Board of Directors of saidtnpanies and that he signed his name thereto by like order. IN WITNESS IT3REGF,I have hereunto sat tray hand and affixed my official seal,the day and year herein first above written. r KRISTIN A.4' 161- AZZOU cOt;,tta.stoma !!Qf M=tRtkiNV► .a N STATE OF CALIFOP141A SS, CERTMCATE COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO I IrREBY C3RTII~Y that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VH of the By laws of each company,and the Resolution of the Board of Directors;set fortis in rtes Power of Attorney,are now In force. Signed and scaled at the County of Marin. Bated the_ 22nd _day of October 2003 fra► + i rf • tiYii»t� +��'ZX Ljl a • Resid�}r as Asshatut s