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Home My WebLink AboutRESOLUTIONS - 01012004 - 2004-294 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on rune 8, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG,DESAUL.NIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ 294 SUBJECT: Approval of Road Improvement Agreement for Windemere Parkway Culvert#5,RA 1150,(cross-reference Subdivision 8510),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 for Windemere Parkway Culvert #5, road acceptance file RA 1150 (cross-reference Subdivision 8510)property located in the San Ramon(Dougherty Valley) area, Supervisorial District M. A Road Improvement Agreement with Windemere BLC Land Company,L.L.C.,principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of installation of a culvert. Said document was accompanied by security to guarantee the completion of road 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 Originator: Public Works(ES) on the date shown. Contact: Teri Rie(313-2363) LT:rrn o:%Grpnata\Engsve\so\?.004\06-08-04\RAIISO BO-1S.doc ATTESTER: E 08, 2004 cc: Public Works-T.Bell,Construction Currant Planning Community nevelapment > T—April 8,2005(pi) JOHN SWEETEN Clerk of the Board of Supervisors and Windemere BLC Land Company,L.L.C. County Administrator 3130 Croy Canyon Place,#310 San Ramon,CA 94583 Attnz Brian Olin 7 Safeco Insurance Company America By '� '/sig' Deputy 330 3+intYh Brand Blvd.,Suite 1000 Glendale,CA 91203 Amr:Patricia H.Brebner RESOLUTION NO.2oo4/ 294 SUBJECT: Approval of Road Improvement Agreement for Windemere Parkway Culvert#5, RA 1150, (cross-reference Subdivision 8510),being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III) DATE: June 8, 2004 PAGE: 2 I. Cash Bond Performance Amount: 6,880.00 Auditor's Deposit Permit No. DP 419035 Date: February 5, 2004 Submitted by: Windemere BLC Land Company,L.L.C. Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number and Date: 624 3454 January 29,2004 Performance Amount: $681,120.00 Labor&Materials Amount: $344,000.00 Principal: Windemere BLC Land Company, L.L.C. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/294 _ .. .. WUNI Y UI,C.UN 1KH t,.UJIR DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER r'", TO THE TREASURER: MARTINEZ,CALIFORNIA ; RECEIVED FROM ORGANIZATION NUMBER f (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. SuB, TASK OPTION ACTIVITY AMOUNT 21 i71 1�� C. !"�'.-..r.,,• ( ) r � ,��i ;,J `�irCC;.(,,� �' {i'�C✓�.�t2 i,"� �� t�..,.) EW L6 44 11 ,1/17 t r t% �j if`i !i Vic'`•A� I fit I I I Ill I I I ItIlltil . . . 4 ILLt f ,r/ i''`5 �• %, !'ftf��-..J( ° J/ f4','�•if �l�1 yl'f �� !. ,� i}+ +r g ✓` r / 't. � ).� %f f°� „/ rf'1;�'.% S✓ �!".1:>t.� f17��` / '', -7r' '=' r...i,,/ EXPLANATION: 1 'r " _ TOTAL $ &3,' .' . DEPOSIT r 1122 t� J _ Deposit consists of the following items rf/f L� �!I/ }tS�" � COIN and CURRENCY $ I a f . .w1JxtHECKS,M.0,ETC. $ U > 'yi 'l.»�• !rII 7(.1I SANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT �• _/ r7 - .' t:2 PERMIT DP NUMBER DATE 4t9 FED; 64t.' ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. ; f Signed : •: �' ��it�_:�,.-Data f/ Signed: Signed: 1 Title'J' {:`1{ I ( (� j-t t. EXT. � Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) ..... ...... ... .. . ...... .... .... .... DEPOSIT PERMIT i OFFICE OF COUNTY AUDITOR—CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORCL ASCU TASK OPTION ACTIVITY AMOUNT +7 f , 7r7C $ �` i (' '1 7 rJ4t`� !'' tt ( .W �"}t€'�i (`` 1•'({,,��; ,'h' �� t r7 ...i+J.�...�' i'!, .J�i..'�l:.l�...� _'�l Lr fit.. %:jr�;i ;j! C't'i ' Ct'Gtrr7 L% `7t1C-i Cis` I vj( MIA 41 Li i i EXPLANATIt:7N: TOTAL $ i DEPOSIT Deposit consists of the following items CC)€*vndCURRENCY $ CHECKS,M.0,ETC. $ BANK DEPOSITS $ FOR AUDITCIR-CONTROLLER USE EELONLY PERM DEPOSIT CF�. 1 � v NUMBER DATE S€GNED The amount of money described above is for Treasurer's receipt of above amount is approyed. Receipt of above amount is hereby 1 de�osit into the County Treasury. {fif ocknow€ed ed jY Signed f l` 1/� ff� Signed: Signed: 7 (J4 EXT. `t l Deputy County Auditor Deputy County Treasurer D-34REV(7-93) Y jai r. i 0649-9665 l 831000 61122421, $16,372.70, RA1148, Road Acceptance Review, Shapell 'Industries of N. California, 100 North Milpitas Blvd, Milpitas, CA 95035 0649-9665 1831000: G1122422, $8,962.00, Sub 8690, Major Sub Plan Review, 5hapellIndustries of N. California, 100 North Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000: G1122423, $51,620.00, Sub 8773, Major Inspection Plan Review, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: G1122407, $5,000.00, FCP 601.04, Cash Bond, KB Home, 6700 Koll Center Pkwy, Pleasanton, CA 819800-0800 61122417, $6,880.00 RA 1150, Civil Performance Cash Bond, Windemere BLC>Land Company LLC 3130 Crow Canyon #310, Scan Ramon, CA 94583::. 828900-0800: G1122850, $2,338.00, Traffic Fees ECTIA, VIA Builders- Audreg, 4600 El Camino Real #209, Los Altos, CA 94022 0645-9752 / 828200: G1122850, $40.00, East County COLA, VIA Builders- Audreg, 4600 El Camino Real #209, Los Altos, CA 94022 828500-0800: G1122850, $118.00, ECC COLA, VIA Builders-Audreg, 4600 El Camino Real #209, Los Altos, CA 94022 0682-9752 / 819200: G1122863, $113.200.00, Consent Judgement V02- 1190, TXI Texas Industries, 1341 West Mockingbird Lane, Dallas TX 75247 0649-9665 / 831000: G1122383, $9,470.00, MS 21-02, Improvement Plan Review, Resources for Community Development, 2730 Telegraph Ave, Berkeley, CA 94705 0649-9665 / 831000: 61122384, $_145,387.00, Sub 8685, Improvement Plan Review, Shapell Industries of N. California, 100 N. Milpitas Blvd, Milpitas, CA 94035 0649-9665 / 831000: G1122385, Contra Costa RE Investors LLC, 4155 Blackhawk Plaza Circle, Suite # 201, Danville, CA 64506 $10,000.00 RA 1162, Road Acceptance Review $10.000.00 DA 0037, Drainage Review 0649-9665 / 831000: G1122401, $500.00, RS2876, Record of Survey Deposit, Kister, Savio & Rei, 3095 Richmond Pkwy #'214, Richmond, CA 94806 0649-9665 / 831000: G1122416, $7.560.00, DA 0033, Drainage Improvement Review, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 0649-9665 / 831000: G1122418, $34,460.00, RA 1150, Road Acceptance Inspection, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 Executed in Duplicate Bond No.: 624 3454 Development: RA-1 1.50(Cross Ref. SU8 l Ol Premiums - $4,768.00 XMPItOVEMENT SECURITY BOND FOR RoAU IMPROVEMENT AGREEMENT (Performance, Guarantee,and Payment) (California Government Code §§ 66499..66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal) has executed an agreement (Road. Improvement Agreement) with the County to install and pay for street, drainage and other improvements on,or along RAY 150 to complete paid wort;within rhe time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: W'n e sate B C'LAnd o an .C. ,as Princ=ipal and Saf eco Insurance Company of America , a corporation organized under the laws of the State of Washington ,and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns to d-te County of Contra Costa., California to pay as follows: A. Performance: Si undyed Ei ne Thous d tJ e Hi mdred Twegry and 0-0/100 Dollars {$ 681 124.00 } for itself or any city assignee under the move County Road improvement Agreement,plus B. Payment: Three Hundred,Forty, four Thous and 0O 100 Dollars ($ 344wO00.00 -)to secure the claims to which reference is made in Title 15 §§et seq. of the Civil Code of the Mate of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.AA.)above is such that if the above bonded Principal, or principal's heirs,executors, administrators, successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as Therein provided on it or its part, to be kept and performed at the time and in the manner 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 ciry 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 force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable atwmey's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. $. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond, will pay, in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed 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 benefit of any and all persons,companies and corporations entitled to file claims tinder Title 15(commencing with Section 3082 of part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall became null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the previsions of California Civil Cade Section 2819 and holds itself bound wirhout regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on January 29, 2004 WINUENERE BLC LAND COMPANY, LLC By. Lennar Homes of California, Inc. SAFECO INSURANCE COMPANY PRINCIPAL: its manager r� SURETY: OF AMERICA ?address: 24800 Chrisanta Drive Address: 330 North Brand Blvd., Suite 1000 City: Rlission Viejo, qA2691 City: Glep4ale, CA 91 03 By: By. Print blame: Lawrence H.�Thscrn Print Name: Patricia H. Brebner Title: vice President Title: Attorney-in 1~act mW G C>rpi)awtiEabfirctiFosszut9v w0RI3SN-9 sac ::.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On January 30, 2004 before me, Dina Prints, 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. Witness my hand and offteial seal. .�---— co,„nasto,a hero Notay Nft-Cawwft orrQs a+hCOMM.OPWA t ovan$, OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying 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. 624 3454 Number of Pages: Two 2 Date of Document: January 29, 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na.5907 State of California County of Orange On January 29, 2004 before me, Leigh McDonough,Notary Public HATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER($) ® 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 . Letam M+C)ONOUGH behalf of which the person(s) acted, executed the instrument. COtTlMISSiOn#132#874 Notary Public-California Orange County WITNESS my hand and official seal My Comm.moires NOv e, SIGNATURE OF ARY 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 HGENERAL 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-40871GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 81303-7184 CE OMPANY ERICA mr-490--Ar .► E �� POWER GENERAL INSURANCE ANCCCOMPAN OAAMERIC GENERAL ICE: A FE COMPANY OF AMERICA t d� ATTORNEY �OFFICE: �Ai=i<cO PLAZA SEATTLE,,WASHINGTON 88185 No. 9875 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint w**a******R %MA C.ABEL;TERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT;JANE KEPNER;STANLEY C.LYNN;NANETTE MARIELLA-MYERS; MIKE PARIZINo;TAMES A.SCHALLER;ALEXIS BRYAN;LEIGH MCDONOUGH;Costa Mesa C9lifonti8wr***w*waaa***aaw*****►awwwa*aa*awww*wawaawwwr*wawrwawaww*w its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and tither documents of a similar character issued in the course of Its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this ioth day of January 2042 R.A.PIERSON,SECRETARY MIKE MGAViCK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: •ArWe V, Section 13.-FIDELITY AND SURETY BONDS...the President.any Vice President the Secretary,and arty Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business...On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or in any other manner reproduced;provided,however,that the seal shalt not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1974. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V.Section 13 of the Sy-Laws,and (ii) A copy of the power-af-attorney appointment,executed pursuant thereto,and (III) Certifying that said power-of-attomey appointment Is In full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attomay issued pursuant thereto,are true and correct,and that both the by-Laws,the Resolufion and the Power of Attomay are still in full force and affect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 29th day of Januar) 2004 SEAL SEAL ' f. . a 195's t>yl�s R.A.PIERSON,SECRETARY S-09741SAEF 2/41 0 A registered trademark of SAFECO Corporation 1114/02 PDF w1