The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-389 C N RR COSTA Co Recorder Office Recorded at the request of: STEPHEN �t WEIR Clerk-Recorder ContraWorks CountyOC-- 200b-0239130-00 Public Workk s Department Engineering Services Division t"ffitd+y, JUN 29 Return to: FRE0@t '14 07 Public Works Department r 15,14:07 Engineering Services Division 1 t l Pd $6,e# r-02771 " 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 UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE CION N5 3$9Kil SUBJECT: Accept Completion of Improvements, Road Improvement Agreement for Bollinger Canyon Road and Watermill Road Culverts 2&3,RA 00-01113 (cross-reference 7976), San Ramon(Dougherty Valley) area. (District III) The Public Warks Director having notified this Board that the improvements for RA 00-01113 (cross- reference 7976)have been completed as provided in the Road Improvement Agreement with Windermere BLC Land Company,L.L.C.,heretofore approved by this Board; 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 OF AGREEMENT SURETY September 11,2001 The American Insurance Company I hereby certify that this is a true and correct copy of an action taken and TR:cnvrrsr Cr:\CitPl3ataiSng5ve1B0120451U6-281RA C10.01 113 B042.doc entered on the minutes of the Board of Supervisors on the date shown. Originator. Public Works(ES) Contact Ted Rie(925-313-2363) JUNE X7 0 ''S.�f't .. Recording to be completed by Clerk of the Board ATTESTED: J N 2 8, G 0 et: Public works Accounting o JOHN SWEE'T'EN,Clerk of the Board of Supervisors and County -T:.Bekt,Conscructnrn Maintenance(w/Plat) Administrator. -T.—Apra 28,:'.2006 Windernere BLC Land Company,L.L.C. 6121 Bollinger Canyon Road,#500 San Ramon,CA 98583 Arta:Brian Olin By. ,Deputy The American Insurance Company 5 Peters Canyon Road Irvine,CA 92606 Chris.Low,City of Sen Ramon RESOLUTION NO.20051 389 SUBJECT; Accept Completion of Improvements, Road Improvement Agreement for Bollinger Canyon Road and W atermill Road Culverts 2&3,RA 00-01113(cross-reference 7976), San Ramon (Dougherty Valley) area. (District III) DATE: June 28, 2005 PAGE. 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for $1,045,000.00, Bond No. 11133583465 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 $20,900.00 cash deposit (Auditor's Deposit Permit No.DP 371112&DP 372608,dated July 5,2001 &August 7, 2001 respectively)made by Windemere BLC Land Company,L.L.C.and the performance/maintenance surety bond rider for $310,400.00, Bond No. 11133583465 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 Berard. Windemere BLC Land Company, L.L.C. will maintain the culverts during the warranty and maintenance period. RESOLUTION NO. 2005/389 Fund Rider Executed in Duplicate Original To be attached to and farm a part of Bond Number 111 3358 3465 dated the le day of Auu,a t, 2001, executed by The American Insurance Company, Surety, on behalf of Windernetire BLC Land Company, LLC, Principal, and in favor of the Counter of Contra Costa, Obligee: It is understood and agreed that the Performance Bond Penalty is reduced to Three Hundred Ten Thousand Four Hundred and 00/100's Dollars � 31I4QO.C101 to guarantee that said work relative to the installation of Culverts 2 & 3 in Project No. RAI 113, shall be free from defects in material or workmanship and shall performsatisfactorily for a period of 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 andlor 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 ether than as stated above. IN WITNESS WHEREOF, said Principal and said Surety have caused these'Presents to be duly signed and sealed this 16th of May, 2 05: "YW do; (See attached signature page) m ss Amet st D. We ve ., r - Principal ...... ..,. .. .e `-i.....o fi -...v ....ten.. h.J w-..�.. ... 4 The American Insurance Company surety 8 . seal:. 11Vitness Gordon J. Peterson Eileen M. Robison, Attomey-in-Fact ::7T- and accepted: ra Costa;, Obligee Attest 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 DOMESOF CALIFORNIA,INC.,a California Corporation,its Managing'Member David Evans,Vice P dent By: "-- Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 20� 2405"before me, Dina Print�i, Notary Public, personally appeared David Eyans 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 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: Witness my hand and official seat. _ 'DINA PMNTy Comm ission# 145361 D [ .o w Notary Public California t Orange County My COMM.Expires Noir 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 form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: David gyans—Vice President Lennar Homes of Ca_lifomia. Inc. Dee Baker Asltant. Secretary Lenrar Homes of California: Inc. DESCRIPTON OF ATTACHED DOCUMENT' Type of Document; Rider for Surety Bond No. '111 3358 3465 Number of Pages: Two f2 Date of Document; May 16. 2445` Signers(other than those named above) Eileen Robison. Amethyst D Weuve Cordon J. PetersQn ACKNOWLEDGEMENT State of California County of Marin }ss. On 'Mair 46, 2005, before me, Brenda J. Dickson, personally appeared Eileen M. Robison, personally known to me (or proved to me an 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 helshe/they executed the same in his/her/their authorized apacity(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 L7�� (Seal) Brenda J. Di son . #3R�NIJA J. DtGKSON CC?INW 01318082 NOTARY PUSUC-CAU F ORMA MAARIN COUNTY (y iAy Comm,Expires Au us117,2008 FIRER"S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICANINSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL M[EN 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 redomestieated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBIC,E 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,sealed with the corporate seals of the Companies and duly'attested'by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(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 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 seal shall be valid and binding upon the Companies IN WITNESS VAIEREOF,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 N!2yember 2001 Y `9rrrirt w fi w;r+ FIREMAN'S FUND INSURANCE COWANY ,.•... .°� �.{.. w,�4 `�` `•" . NATIONAL SURETY CORPORATION E A L s THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS, By COUNTY OF MARIN Vice-President On this 2nd. "clay;of November 20 01 ,before me personally came Dann R. Kolbeck to me known,who,being by me dully 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 seats;that they were so affixed by order of the Board of Directors of said companies and that he signed his nacre 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.GAZZOLI 0 •� COMM #1262236 � NOTARY PUSS'JC-CALIFC£2NIA MARIN COUNTY 0 MY Camm:Expires Ap15'299.201 r STATE OF CALIFORNIA SS. CERTIFICATE NoaM COUNTY OF MA IN I, the undersigned, Resident Assistant Secretary of each company, DO i-TEREBY 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,are now in force. Signed and sealed at the County of Marin. Dated the 16th day of May 2005 Yt»` F�'�'E�t`""..ifw"'a tKAN•s ,4.t*+a�r�yb,+tl81tE1 � `o sEPr:3nra x7 s s w r �' +y t w" ,;`,. ♦i� E' `�+ ci cad Mwd r Resident Assistant S clary rn .,n„ry n