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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-401 III �� �ll�Ill�illll� ll1��llllll�l SII CONTRA COSTA Cc Recorder Office Recorded at the request of' STPHEN L, ,WEIR Clerk-Recorder Contra Costa County DOC— 2006-0239139-00 Board of Supervisors Return to: Wednesday, JUN 29, 2005 15:15:05 Public Warks Department Fitt $0,.00 Engineering Services Division TL l Pd $0.00 Nbr-0002771909 i rc/Ran-e THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on June 28, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKINA NOES: NONE ABSENT: NONE ABSTAIN: NONE 2-2.4=2.'�t1�5! 4a7 SUBJECT: Accepting completion of improvements, Subdivision 99-08154, San Ramon (Dougherty Valley)area. (District III) The Public Works Director has notified this Board that the improvements (Langton Drive, Langton Court, Latera Court, Kellybrook Way,Kenwick Drive, Kinvarra Court, Arlewood Court, and Kirkstone Court)in Subdivision 99-08154 have been completed as provided in the Subdivision Agreement with Windemere' BLC'Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. CM:rm G:\GrpData\EngSvc\BO\2005\06-2MD 99-08154 BO-45.doe Originator: Public works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Pie(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.94-3291516 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: JUNE 2$ 2005 -I.Bergeron,Mapping Div. -C.Mohammed,Engineering Svc. JOHN SWEETEN, Clerk of the Board of Supervisors and -T.—April 28,2005 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAR—Cartog Windemere BIC Land Company 6121 Bollinger canyon Road,#500 By Deputy San Ramon,CA 94583 Attn:Brian Olin The American Insurance Company 5 Peters Canyon Road Irvine,CA 92606 Attn:Eileen Robison Chris Low,City of San Ramon RESOLUTION NO.2005/ 401 SUBJECT: Accepting completion of improvements, Subdivision 99-08154, San Ramon (Dougherty 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 in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY February"12, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$427,750.00, Bond No. 11133599222 issued by the abovesurety 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 hereinafter described roads,as shown and dedicated for public use on the Final Map of Subdivision 99-08154 filed March 1,2002,in Book 440 of Maps at Page 14, Official Records of Contra Costa County, State of California, are ACCEPTED as COMPLETE. Road Name Road-R/W Widths Len tg hs �Milesl Langton Drive 36'/various 48'-56' 0.10 Langton Court 36'/48' 0.06 Latera Court 36'/48' 0.07 Kellybrook Way 36'/various 48'-56' 0.09 Kenwick Drive' 36'/56' 0.09 Kinvarra Court 36'/48' 0.04 Arlewood'Court 36'/48' 0.04 Kirkstone Court 36'/48' 0.08 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$8,600.00 cash deposit(Auditor's Deposit Permit No.378574,dated December 11 200 1)made by Windemere BLC Land Company,LLC and the performance/maintenance surety bond rider for$127,000`00,Bond No. 111335992:22 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. All deposit permits are on file with the Public Works Department. Windemere BLC Land Company, L.L.C. will maintain the improvements during the maintenance and warranty period. RESOLUTION NO. 2005/401 Fund`" Rider Executed in Duplicate Original To be attached to and form a part of Bond Number 111 3359 9222`dated theQLh day of November, 2001, executed by The American I„�urance Comiganv Surety, on behalf of Windermere BLC Land Gomoany, 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 One Hundred Twenty Seven Thousand and 00/100's Dollars ----- ($127.000.00 to guarantee that said work relative to the installation of street, drainage and other improvements in Subdivision No. 8154, shall be free 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. 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 acrd/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, 205 (See attached signature page) tness ATmethystWeuve Principal ~--- ' The American Insurance 'Company Surety r' B Seal. Witness Gordan J. i!eterson Eileen M. Robison, Attorney-in-Fact ACCEPTEC? The above is ereby agreed to and accepted: C, ounty of Contra Cost Obligee B : Attest Title Title' WTNDElV>ERE 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 CALIFORNIk INC.,a California Corporation,its Managing;Member David Evans,Vice Presd By: Dee Baker,Assistant Secretary CALIFORNIA .ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 20, 2005 before me, Dina Prints, 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 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 seal. wall 01144 PRINTY Commisslon#1453610 Notary Public-California Orange county _.._ 10- 1MV Comm.Expkes 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 form. CAPACITYCLAIMED BY SIGNER SIGNER IS REPRESENTING: David Evans—Vice President Lennar Homes of California Inc. Dee Baker- Assistant. Secretary Lennar Hornes of California Inc.. DESCRIPTON OF ATTACHED DOCUMENT Type of Document': Rider for Surety Bond No. 1113359 9222 Plumber of Pages: Two:(2) , 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. 4n 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 helshelthey executed the same in his/her/their authorized capacity(les), 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 band and official seal. SIGNATURE Ay (Seal) Brenda J. DI kson COMM.#1318492 NOTARY PUSUC-CALIFORN}A MAR1NCOUNTY" My Comm.Expires Aupust:17,2005 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE C(}MFANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCECOMPANY, a California corporation; NATIONAI SURETY CORPORATION,an Illinois corporation,IM AMERICAN INSURANCE COMPANY,a New Jersey corporation redarnesticated it Nebraska, ASSOCIATED INDEMNNY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE TNSURANCI COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorney(s)=in-Fact, with full pourer 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 aucsted 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 fallowing 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 maybe 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 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 2001 FIREMAN'S FUND WSITRANCE C()MI'ANY r` ° =4�ti,,. ., ..� -•• �o = � `, NA XIONAL SURETY CORPORATION , ., ,� i = r` S E A L s_ THE AMERICAN INSURANCE COMPANY �br ASSOCIAI'EU INDEMNTIY CORPORATION sr c� fi ^+cE ca tet Eti + '?urines v r. AMERICAN AUTOMOBILE INSURANCE CONTANY �YyNy•.� +•s•+WNn1w•M• STATE OF:CALIFORNTA COUNTY OF ARIN SS. By M: C4"�` ice-Presidezit On this 2nd -lay of November 2001 ,before me personally came Bonn R. Kolbecic, to ase 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 seats 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.' t KRISTIN A.GAZZOLI t ti �ry COMM 91262236 � NOTP.RY PUB;.C•CALiFORNIA My Gomm Expires AP0 29.2004 STATE OF CALIFORNIA SS. CERTirICAM N Ii COUNTY OF MAR.IN 1, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that die foregoing and attached PONVI'T OF ATTORNEY remains in full force and has not been revolved;and furthermore that Article Vtl of this By-laws of cacti company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in farce. Signed and sealed at the County of'Marin. Dated aic 15th day of May 2005 YC� r"+wcr*tipm tKJ%W5 � ���,,,pq��•S} R#, ocs �+'i C{� ,,�'-wa s„,ayv, �,to�.` '"F� g m rI o ..,; «^ rWcc ca`` �a+c M1co ° ttrs.K° ficxidcnt AssisUnC 5 rctary •.