The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-388 Recorded at the request of: Contra Costa County CONTRA COSTA Co Recorder Office Public Works DepartServices ent Divi STERN C WEIR Clerk.'Recorder Engineering services Division DOC— Return to: DOC-- 20e --e1239129 -00 Public Works Department Engineering Services Division Wednesday, JUN29, 200 15:14:01 FRE $0.00 Ttl Pd $0,00 (br-00027718 Irc/R9/1-B THE BOARD OF SUPERVISORS OF CONTRA. COSTA:COUNTY, CALIFORNIA Adopted this Resolution on June 28, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO DES AULNIER, GLOVER AND UIII�D% NOES: HONE ABSENT: NONE ABSTAIN: NONE RI�UTO Nth; 3$8 SUBJECT: Accept Completion ofhnprovements, Road Improvement Agreement for Bollinger'Canyon Road Culvert#1,RA 00-0 1111 (cross-reference 7976),San Ramon(Dougherty Valley)area. (District M) The Public Works Director having notified this Board that the culvert improvements for RA 00-01111 (cross-reference 7976) have beencompleted as provided in the Road Improvement Agreement with Windemere BLC Land Company, L.L.C.,heretofore approved'by this Board; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of Tune 28, 2005, thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: TR:cmm:sr I hereby,certify that this is a true and correct copy of an Originator: Wor0sw6-2$tiRa�-at 11I Bci 4z.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie (925-313-2363) Supervisors on the date shown. Recording to be completed by COB cc: Public Warks -Accounting ATTESTED: . JUNE 28, 2005 T.Bell, riConstructionJOHN SWEETEN Clerk of the Board of Supervisors - , T.—April 28,20066r Windemere BLC Land Company,LL.C. and County Administrator 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 Attn:Brian Chin The American Insurance'Company 5 Peters Canyon Road By >Deputy Irvine,CA 92606 Chris Low,City of San Ramon Resolution No. 20051 388 SUBJECT. Accept Completion of Improvements,Road Improvement Agreement for Bollinger Canyon Road Culvert#1,RA 00-01111 (cross-reference 7976),San Ramon(Dougherty Valley)area.(District III) DATE. June 28,2005 PAGE: 2 DATE OF AGREEMENT SURETY September 11, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $552,550.00, Bond No. 11133582913 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; BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $11,100.00 cash deposit(Auditor's Deposit Permit leo. 372112 &372608, dated July 5, 2001 &,August 7, 2001 respectively)made by Windemere BLC Land Company,L.L.C. and the performance I maintenance surety bond rider for $164,100.00, 'Bond No. 11133582913 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. Windemere BLC Land Company, L.L.C. will maintain the culvert during the warranty and maintenance period. RESOLUTION NO. 2005/388 .. Fund°, Rider Executed in Duplicate Original To be attached to and form a part of Bond Number 111.330 2913 dated the 25'h day of June, 2001, executed by The American Insurance Company, Surety, on behalf of Windemere BLC Land' Company, LLC, Principal, and in favor of the'-Courtity of Contra Costa, Obligee. It is understood and agreed that the Performance Bond Penalty is reduced to One Hundred Sixty Four Thousand One Hundred and 00/100's Dollars - - ($164900.00) to guarantee that said work relative to the installation of Culvert#1 in Project No. RA 1111, shall be fee from defects or workmanship and shall perform satisfactorily for a period of one (1) year after the date the Obligee accepts the work as complete. Principalagrees 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 farce 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 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 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. (See attached signature page) itr ess A thyst D. W uve Principal The American Insurance:Company. Surety r �,/. 1 -- B Seal Witness Gordon "J. Peterson Eileen M. Robison, Attorney-in-Fact ACCEPTED T ove is hereby agreed to and accepted. County of Ce ra Costa Obligee B Attest Title Title i WINDEMERE ULC 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 Member r By. David Evans,Vice Presid By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 20, 2005 before me, Dina Prints, rotary Public, personally appeared David Evans and Dee Saker, 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 authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WV ness my hand and official seal. PRIMY "m Commission# 1453610 d , Notary Public-calitomia Orange County My Comm.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 forma CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: David Evans--Vide President Lennar Homes of California, Inc. Dee Baker-"Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Sures Bond No. 111 3358 2913 Number of Pages: Two(2) Date of Document: May 16, 2005 Signers (other than those named above):Eiieen Robison, Amethyst D. Weuve, Gordon J. Peterson ACKNOWLEDGEMENT State of California County of Marin } ss. On May 20 5, 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. laic on �- BRENDA,J, DICKSON }},, >r COW#1318092 Y NOTARY PUBUwCAUFORN IA 1 4 MARIN COUNTY Q l My Comm.Expires August 17,2005"4 F"IREMAYS 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 redo esticated in Nebraska, ASSOCIATED INDEh'L`h M 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---w---___— 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 Attorneys)-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 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 facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Companies.- IN ompanies-IN WrINI SS 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 Noymbe_r 1 FIREMAN'S FUND INSURANCE COMPANY+�, . .� .,-••,,tiyd y�` NATIONAL SURETY CORPORATION z , '~ THE AMERICAN INSURANCE COMPANY ztb x ASSOCIATED INDEMNITY CORPORATION � s � AMERICAN AUTOMOBILE INSURANCE COMPANY e �•-" STATE OF CALIFORNIA 1 SS. By COUNTY OF MARIN J Vice-President On this 2nd day;of November 2'p 01 ,before me personally came Donn R. Kol.beck to me known,who,being by me duty 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 seat,the day and year herein first above written. r KRISTIN A.GAZZOI.I � 0 t CC7L4M #1262236 T F NOTARY.PUBLIC-CALIFORNIA ' MARIN COUNTY 0 My Cornet Expires AM'29,24U4 11 ) NotaM STATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MARIN 1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWLR OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article V11 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 Yt,'` � o 4`,i Y�,ai� 4446 �.�y� "`'t•�• y,+rq'yt ��f �(j'p e 4 � ifr SL.t L 1�s''.c SEPT.xom 1✓ rf� w,, .' . kec F4 {xtr'�a ", ,„„. Resident Assistant S etazy