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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-386 CENTRA COSTA C'c hcard�er Office Recorded at the request of: STEPHEN L. + Clerk-Recorder �ry� Contra Costa County DOC— 20066—X023912?-00 Public Works Department Engineering ServicesDivision Y, JUN 29, 2005' 15:13:46 Return to: FRE $0.041 Public Works Department Tt'l Pd $0,0@, , Engineering Services Division1NbrN#2 71 8 9 y THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 28, 2005 by the following vote: AYES: SUPERVISORS GIOIA„ PIEPHO, DESAULNIER, GLOVER AND UILKEM NOES: NONE ABSENT: NONE ABSTAIN: NONE .St LUTI ON NO. 415 $ SUBJECT: Accepting Completion of Improvements, Road' Improvement Agreement for Bollinger Canyon Road bridges across Alamo Creek,RA 00-01106(cross-reference Subdivision 7976), San Ramon(Doughery Valley)area. (District III) The Public Works Director having notified this Board that the improvements for RA 00- 01106 (cross-reference Subdivision 7976) have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company,L.L.C.heretofore approved by this Board, G:\orpData\EngSvc\BO\2005\06-28\RA 00-01106 BO-a2.doc I hereby certify that this is a true and correct copy of an Ch2:rm:sr action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Fie(313-2363) Supervisors on the date Shown. Recording to be completed by COB cc: Public Works -Accounting -T.Bell,Construction Maintenance(W/Plat) ATTESTED: .TUNE 28, 2005 -omman r 2006 Sheriff-Patrol Div.Commandeer JOHN SWEETEN, Clerk of the Board of Supervisors Windemere BLC Land Company,LLC and County Administrator 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company By- The Deputy 5 Peters Canyon Road Irvine,CA 92606 Chris Low,City of San Ramon RESOLUTION NO.2ow 386 SUBJECT: Accepting Completion of Improvements, Road Improvement Agreement for Bollinger Canyon Road bridges across Alamo Creek,RA 00-01106(cross-reference Subdivision7976),San Ramon (Doughery Valley) area. (District III) DATE: June 28, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 28,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement; DATE F AGREEMENT SURETY September 11, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,106,000.00, Bond No. 11141715166 issued by The American Insurance Company be RETAINED for the six month lien guarantee period until December 28, 2005, 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 improvements are ACCEPTED as COMPLETE; the right ofway was conveyed by separate instrument,recorded on November 16,2001,in Book 436 of Maps on page 29. Road Name Structures Road'/R/W Width Len h Bollinger Canyon Alamo Creek Bridges, Westbound Road Width-44' .03 miles Road length Eastbound Road Width—44' (2 bridges each 140' long) Total Road Width 194' BE IT iFURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$22,100.00 cash deposit(Auditor's Deposit permit No.372379,dated August 1, 2001)made by Windernere BLC Land Company,LLC and the performance/maintenance surety bond rider for'$328,500.00, Bond No. 11141715166 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the{ordinance Code until released by this Board. Windermere BLC Land Company, L.L.C. will maintain the bridge during the warranty and maintenance period. RESOLUTION NO. 2005/386 Firemads Ftind y Rifler Executed in Duplicate Original To be attached to and form a part of Bond Number 111 4171 5166 dated the 26th day of September, 2000, executed by The American Insurance Company, Surety, on behalf of Windemere BLC Land Company, LLC, Principal, and in favor of the County of Contra Costa, Obligee. It is understood and agreed that the Performance Bond Penalty is reduced to Three Hundred Twenty Eight Thousand Five Hundred and 00/100's Dollars -- -- ($328,500.00) to guarantee that said work relative to the installation of street, drainage and other improvements on, ;or along Bollinger Canyon Road in Project No. RA 1106, shall be free from defects in material or workmanship and shall perform satisfactorily for a periodof one (1) year after the date, the obligee accepts the work as complete. Principal agrees to correct,'repair, or replace,at Principal's expense, any defects in said work. NOW THEREFORE, if the above bounded Principal shall well and truly repair and/or replace defective material and workmanship, this obligation shall be void one year after the date of acceptance of the improvements by the Obligee, otherwise this obligation shall remain in full force and effect. 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 shah such liability exceed the larger of the above mentioned sums. The liability of the Principal and the Surety under the Bond and under the Bond 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. IN WITNESS WHEREOF, said Principal and said Surety have caused these Presents to be duly signed and sealed this 16th day of May, 2005. Y �t14At (See attached signature page) es " Amethy' t D. Weave Principal The American Insurance Company Surety+ 2z-- /} ;e- B (Seal) Witness Gordon Peterson Eileen M. Robison, Attorney-in-Fact ACCEPTED The above is hereby agreed to and accept Count ontra Costa Obligee B.' Attest Title Title WINDEMERE BIC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By:LENNAR HOMESOF CALIFORNIA,INC.,a California Corporation,its Managing Member David Evans,Vice Presi t By: <-LItL Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 20. 2005 before me, Dina Prin , Notary Public, personally appeared David Evans and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorizedcapacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official-seal. DiNA PRIN y �"-- �- Commission# 1453610 -' Natary Public-California 0. 1MyComm. Orange County Expires Nov 28,2007 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 farm. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: David Evans—Vice President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California Inc. DESCRIPTON'OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond; No. 111 4171 5166 Number of Pages: Two Ll Date of Document: May 16, 2005 Signers (other than those named above):Eileen Robison. Amethyst D. Weuve, Gordon J. Peterson; ACKNOWLEDGEMENT State of California County of Marin } ss. On May 16 2005, before me, Brenda J. Dickson, personally appeared Eileen M. Robison, 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. WITNESS my hand and official seal_ SIGNATURE (Seal) Brenda J. Di kson rQMY BRENDA J.DICKSON 0COMM.#1316092 NOTARY PUBUGCAUFORMA ,lMARJN COUNTY O rl COMM.Exptrss August 17;2005 a 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 __—_--_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 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 VIIof the By-laws of each of the Companies 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 repealed: "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 sfacsimile,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 No vemb e x �se:`.�Vii' s"getct FIREMAN'S FUND INSURANCE COMPANY NATIONAL,SURETY CORPORATION ` �•M a r � , 3 s Z Sept 3.6701 e - THE AMERICAN INSURANCE COMPANY �'� S EAL _ ASSOCIATED INDEMNITY CORPORATION b � � � y -.. b.e 4cd�L,Ncrg o`' y;;'•<t . .` G� ct "�i�t »..�seF: iyl�-Moi AMERICAN AUTOMOBILE INSURANCE COMPANY C)STATE OF CALIFORNIA SS_ By ""` COUNTY OF NiARIN Vice-President Oa this 2nd -lay of November 2 0 01 before me personally came Donn R. Ko lbeck 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 KRISTIN A.GAZZOL! p 0t COa1nt 91262236 NOTARY PUELIC-CALIFORNIA MARIN COJNTY My Comm Expires Apol 29,2004 STATE OF CALIFORNIA t SS. CERTIFICATE COUNTY'OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER 01 ATTORNEY remains in full force and has not been revolved;and furthermore that Article V rl of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed:at the County of Marin. Dated the 16th day of May. 2005 y� ,,,,n„x.W,w AN'3 Wfcoji R c Jlri dp ,�<at,afll ryYr C%rrc, q-`'�' FG l't1'�}J aµroa<�y,{,L '��0 � t s - f" a 'kca Cdr RNC{.o Resident Assistant spekq n