HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-402 Recorded at the request of CONS COSTA Co Recorder Office
Contra Costa County STERN L. WEIR Clerk-Recorder
Board of Supervisors DOC— 200I —0239140-00
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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
"$OEUTIONI NO 2Qg51 402'
SUBJECT: Accepting completion of improvements, Subdivision 00-08157, San Ramon
(Dougherty Valley) area. (District III)
The Public Works Director has notified this Board that the improvements(Jasper Hill Drive,
Jasper Hill Court, Langhorne Drive, and Pemberton Drive) in Subdivision 00=08157'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:sr
G:\GrpData\EngSvc\BO\2005\06-28\SD 00-08157 BO-45.doc
Originator: Public Works(ES) I hereby certify that this i5 a trite and correct copy of an
Contact: Teri Rip(etedbyGOB 3)
Recording to be completed by action taken and entered on the minutes of the Board of
I.D.94-3291516 Supervisors on the date shown.
cc, Public Works -T.Bell,Construction Div.
-M.Valdez,M&T Lab JUNE 28 2005
-H.Finch,Maintenance Div. ATTESTED
-I. Svc.Mapping Div.
Mohammed,-C. Engineering
JOHN SWEETEN, Clerk of the Board of Supervisors and
:
-T.-April 28,2006 County Administrator
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road;#500
San Ramon,CA 94583
Attn:Brian Olin
The American Insurance Company By , Deputy
5 Peters Canyon Road
Irvine,CA 92606
Attn:Eileen Robison
Chris,Low,City of San Ramon
RESOLUTION NO.2005/ 402
SUBJECT: Accepting completion of improvements, Subdivision 00-08157, 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 liens in case
of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
March 19, 2002 The American Insurance Company
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$290,800.00,
Bond No. 11127507587 issued by the above surety 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 Final Map of Subdivision 00-08157 filed April 2,2002,in Book 441;of Maps at
Page 8, Official Records of Contra Costa County, State of California, are ACCEPTED as
COMPLETE.'
Road Name Road-R1W Widths Lengths(Miles,)
Jasper Hill Drive 36' curb/56' RW 0.04
Jasper Hill Court 36' curb/48' RW 0.14
Langhorne Drive 36' curb/48' RW 0.14
Pemberton Drive 36' curb/56' RW 0.09
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$5,800.00 cash deposit(Auditor's Deposit Permit No. 381790,dated February
19,2002)made by Windemere BLC Land Company,LLC and the performance/maintenance surety
bond riderfor$86,400.00,Bond No. 11127507587 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 will Land Company, L.L.C. will maintain the improvements during the
maintenance and warranty period:
RESOLUrION 'NO. 2005/402
CA
Fimgmjii7
Fund
Rider
Executed in Duplicate Original
To be attached to and form a part of Bond Number 1112750 7587 dated the 12"' day of February, 2002,
executed by The: American 'Insurance Company, Surety, on behalf of Windermere BL.0 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 Eighty Six Thousand Four
Hundred and 00/100's Dollars `----- (86.400:00) to guarantee that said work relative to the installation of
street,drainage and other improvements in SubdivisionNo. 8157, shall be free from defects in material
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 or workmanship, thisobligation 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 shall such
liability exceed the larger of the above mentioned sums. The liability of the Principal and the Surety
under the Band 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, LOOS,
(See attached signature page)
ss A et yq/tlWeuv Principal
The American Insurance Company _
Surety
6 !:Jzz�
Wltness Cordon J. Peterson Eileen M. Robison, ttorney-in-Fact
ACCEPTED
The above is hereby agreed to and ac d:
Court Contra Costa
Obligee
B :
Attest
Title Title
W)NDEMER.E 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 Member
By; ,
David Evans,Vice Presiden
Bcz r
Dee Baker,Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of ?rang
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 execute 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.. DINA PRIN1Y
Comminlon# 1453610
r Notary Public-Callfornia
Orange County
Y Comm,Explrea Nov 28,2007
OPTIONAL
Though the data below is not rewired 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 Evans—,Vice President Lennar Homes of Callfomia, Inc.
Dee Baker-Assistant. Secretary Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Rider for Surety;Bond No. 111 2750 7587
Number of Pages' Two t2
Date of Document: May 16, 2005
Signers (other than those named above):Eileen Robison, Amethyst D. Weuve:
Cordon J. Peterson
ACKNOWLEDGEMENT'
State of California
County of Darin } 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) isfare subscribed to
the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized c pacity(ies), and that by his/her/their
signature(s) on the instrument the persons), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE ' ' (Sea(}
Brenda J. D kson
,. BRENDA J.DICKSON
n COMM.#13980 T
NOTARY PUBLIC-CALIFORNIAo-
1AAAJN COUNTY Q
My Comm:Expires August 17,2005'
FIREMAN'S FU I)INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MENBY 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,recognixances or other written obligations in the nature thereof------------
and
'-"''°---- ---and to bind the Compannies 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"VTI 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."
TN WITNESS Vn REOF,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' 2 f Ol
' rfi„„ i FIREMAN'S FUND INSURANCE COMPANY
;!;
,„E;c„ t ,,.••• y �.+� •t,” NATIONAL SURETYCORPORA11ON
.ru�.' 4 •,°' ` o a:= THE AMERICAN INSURANCE' COMPANY'
ASSOCLATTED INDEMNITY CORPORATION
�c Hcr� ' •• •' +�* �� �R .. yQt �'`Ji AMERICAN AUTOMOBILE INSURANCE COMPANY'
-
i
STATE OF CALIFORNIA SS. By
COUNTY OF MARIN vies President
On,this 2nd: day of November ,, 2001 ,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 aboveinstrument;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'WiTNFSS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
r KRISTIN A.GAZZOLi
”E COMM #1262236
NOTARY PUBLIC-CALIFORNIA
I {.
MARIN COUNTY
My Comm.Expires AO!29,2004
li
STATE OF CALIFORNIA SS. CERTIFICATE
COUNTY OF MARIN
I, the undersigned, Resident Assistant Secretary of each company, DO,HEREBY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in Bill force and has not been revoked;and furthermore that Article VIII of the By-laves 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_ Bated the 16th _day of maY' 2005
IAN'S
£iEPRAKi74 � s. tf e"yr y
b h ., {°N � ���Xc"i•ca�� 'viQsits►° m Resident Assistant S story