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Home My WebLink AboutRESOLUTIONS - 01012004 - 2004-371 {+ 6,20 Recorded at the request of: CONTRA QTR Ca Recar4er Off ice Contra Costa County STEPHEN L, 1EIR i Clerk-R�cord�r Board of Supervisors DOC -' 200 —026935 Return to: v Public Works Department Wedinesdoy,, JUL 14, 2004 10:16:39 Engineering Services Division FRE $0.00 Tt 1 Pd $8A Nbr-00037041 Ire/Rd/1-5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 13, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 371 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Road Acceptance RA 00-01102(cross-reference Subdivision 7976)San Ramon (Dougherty Valley) area. (District M) The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements in Road Acceptance RA 00-01102 have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Windemere BLC Land Company,L.L.C., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JY:rm G:1GrpDatalEngSvclBO\2004107-13-041RA 1102 B045.doc Originator: Public Works(ES) 1 hereby certify that this is a true and correct copy of an Contact: Teri Ric(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D. 94-3291516 Supervisors on the date shown. cc: Public,Works -T.Bell,Construction Div. -J.Ysmael,Engineering Services JULY 13 2004 Windemere BLC Land Company,L.L.C. ATTESTED: - 3130 Crow canyon Place,#310 JOHN SWEETEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 Atm:B.Olin County Administrator The American Insurance Company 5 Peters Canyon Irvine,CA 92606 City of San Ramon , Attn:Chris Low By ,Deputy 3180 Crow Canyon Pl.,Ste 140 San Ramon,CA 94583 RESOLUTION NO.2004/371 SUBJECT: Accepting completion of improvements for Right-of-Way Landscaping Agreement for Road Acceptance RA 00-01102(cross-reference Subdivision 7976) San Ramon (Dougherty Valley) area. (District III) DATE: July 13, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 13, 2004 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 January 15, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$2,755,500.00, Bond No. 11127507082 issued by the above surety be RETAINED for the six month lien guarantee period until January 13,2004,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 the Right-of-Way Landscaping improvements on Road Acceptance RA 00-01102 are ACCEPTED AS COMPLETE. Upon completion of the one-year warranty and maintenance period,the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$55,100.00 cash deposit(Auditor's Deposit Permit.No.379205,dated December 24, 2001) made by Windemere BLC Land Company, L.L.C. and the performance/maintenance bond rider for $810,190.00, Bond No. 11127507082 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. RESOLUTION NO. 2004/371 ............_........._...--.......... Ot F'ltdTl'S Fund Increase or Decrease Bond P nalty �iider To be attached to and form a part of Bond Number 111 2750 70182 dated the 18th day of December, 2001, executed by The American Insurance Com any, ;surety, on behalf of Vitindernere BLC Land Company, Inc., Principal, and in favor of the County of Contra costa, Obiigee for Public Right of Way Landscape Agreement in Subdivision 7978. It is understood and agreed that the Bond Penalty is changed: From: Five Million Four Hundred Ft ty Five Thousand Eight Hundred and 00/100's ($5,455,800.00) To: Eight Hundred Ten Thousand One Hundred Ninety and 00/100's ($810,190.00) Effective: June 10, 2004 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 Band 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 11th day of June, 2004. (See attached signature page ) ss Dina Printy Principal The American Insurance Company Surety t r • (Seal) Witness 1 Ell een M. Robison, Attorney-in-Pact ACCEPTED The above is hereby agreed to and a sept � r Obligee By: Attest Title Title 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 ber By: David Evans, Vice Kisident 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 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 Attorneys)-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,seated with the corporate seals of the Companies and duly attested by the Companies"Secretary,hereby ratifying and confirming all that the said Attorney(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 Companie=s 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 repeated: "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 caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 2nd day of November 200 Y �ckN a� ;�t�tr "'""" FIRETVI"S FUND INSURANCE COMPANY , , :,, .,,• a,� r `,,,, �, # "' +# _�" NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY t8>e A L ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIABim^^ COUNTY OF MARIN SS. Y Vice-President On this 2nd day of November , 2 0 0 i ,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 Directors 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 first above written. r ►cizrS71N A.MMU COMM.#1262236 Q !> NOTARY PUBLIC-CALIFORNIA mmw COUNTY 0 My Comm.Expires Apra!28,2004 «1 STATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MARIN 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,ars now in force. Signed and seated at the County of Marin. Dated the, /r.� '• day of00e'7&.-2Q-;_e +'arrtr� �W..n•s Wt a nn aajSEAL- i Resident Assistant SpAary