Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-517 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 16,2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: Nonni REStLUTaN 1' 0. 2d{l5 517 SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for DA 00-04002(cross reference Subdivision 95-07976),San Ramon(Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Drainage Improvement Agreement between Windenzere BLC Land Company, L.L.C. and the County for construction of certain improvements in DA 00=00002 (crass-reference Subdivision 95-07976), in the San Ramon (Dougherty Valley) area, through September 11,-2006;'' APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ANTICIPATED DATE OF COMPLETION: September 2006 REASON FOR.EXTENSION: The improvements have not been completed. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. I hereby certify that this is`a true and correct copy of an action taken TR rn, and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc\BO\2005\08-16\DA 00-00002 BO-1 l.doc shown. Originator: Public Works(ES) i L+ Contact: Teri Ric(313-2363) ATTESTED: R V cc, Public Works'-T.sets,Construction JOHN SWEETEN,'Clerk of the Board of Supervisors and County Current Planning,Conmtauity Development Administrator T-June 16,2005 Windemere BLC Land Company;LL:C, 6121 Bollinger Canyon Road',#500 San Raman,CA 94583 Attn:Brian Olin By ,Deputy The American Imurance Company OF 777 San Marin Drive Novato,CA 94998 Attn:Eileen Robison RESOLUTION NO.2otlSl 517 CONTRA COSTA COUNTY DRAINAGE IMPRO'VMENT AGREEMENT EXTENSION' Development Number: DA 00-00002(cross-reference SD 95-07976) Developer: Windemere BLC Land=Company,'BLC Original Agreement Date: September 11,2001 Second Extension New Termination Date: September 11,2W 21006 Improvement Security Surety: The American Insurance Company Bond No.(Date): 11133583275(July 18 2001) Security Tyne Security Amount Cash: $24,000.00(1% cash,$1,000,Min.) Band:" $2,375,000.00(Performance) $ 1,199,500.00 (Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree 1hereto and acknowledge same. Dated: " Dated: June 3, ,2005 (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice Shiu Public Works Director $y; Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: Y By: Printed (En gin ee g 'vision) Address The American Insurance Company` (NOTE: Developer's, Surety's and Financial Surety or Financial Institution .Institution's Signatures must be Notarized.) 777 San Marin Dr. , Novato , CA 94998 FORM APPROVED Vi0WJ,W�,C..'yC..W Address After Approval Return to Clerk pfthe'Board Attorney in Facts Signature Eileen M. Robison 05/25/05 Printed' WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WIl DEMERE,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 President By Cindy Thompson, ssisiant�etary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT StatoofOPTIONAL SECTION County of ✓ CAPACITY CLAIMED BY SIGNER �5 heroic me, Though statute does not require the Notary to fill DATE NAMEF o B.G •�ANg NOTAkY PUBLIC" In the data'below,doing so may prove Invaluable to persons relying on the document. � ' pers onally appeare d 1 f'rUfOA, S._ D , C3�iWl� d NAMB(s)OP GNMS) n ❑ INDIVIDUAL bpOpersonally imown to me-OR-O❑ provided to on die basis of satisfactory evidence to 0 P CO ORATE OFFICER4S be the person(s)whose name(s)Mare subscribed ;i7 to the.within instrument and acknowledged to a b .. me that l�kdd►ey executtd the same 1n C [3 PARTNERS) ❑ E3 LTmnp Iriaiihedtheir authorized capacity(ies),and that by p p GENERAL Commission# 1453610 weir signatures}on the instrument the o ❑ ATTORNEY-IN-FACT } Notary Public -Coldomia pftwn(s)or the entity upon behalf of which the p ❑ TRUSTEE(S) -t s acted,executed the instr�►ent •�*. � ' Orange County �' P�°r'() 0 ❑ GUARDIAN/CONSERVATOR My Comm.Expires Nav 28,= and 6M7�1� ❑ ❑ OTHER. . SIGNERIS REPRESENTING: NOS ARY (NAM OF MSON(S)ok BNrrrY(m3S)) 00 acknowledged tome that such" die within instrument pursuant to its by-laws 'G42 or a resolution of its Board of Directors. OPTIONAL SECTION �Q,91"ntt7CsG ��VG/ 7y f ,�tt3 mfr THIS CERTIFICATE MUST BE A'T'TACHED Tide or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages, 11AZ //{9- Though the adjacent data is not required by law,it may prove valuable Date of Document S/2 5—Ar ) J I to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above'C reattachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNAT QRBS The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed;exactly'as it is typed or printed. I. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers interest in the property most be stated. I. SIGNATURES P RSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and b' ` the partnership. SM&TL=FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: ROUP 1. M," TheCltailofthe Board The President Any Vice President LROUP 2. a The Secretary An Assistant',Secretary C The Chief Financial Officer The Assistant Treasurer If signatures of officers from each ofthe above two groups do not appear on the instrument,a certified copy of a resolution ofthe Board of Directors authorizing the person signing the instizument to execute instruments of the type in question is required. A currently valid power of attorney,notarize will suffice. totarization of only one corporate signs or signatures from only one group,must contain the following phrase: ...and acknowledged to me.that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of irectors.' xr s�. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of _ G! rl_br-t, t,C� OPTIONAL SECTION County of 7 ! -�-- 1 CAPACITY CLAIMED BY SIGNER On ~+ before me, ,3 t I '. v c?'* ct" f! L � Though statute aloes not require the Notary to fill DATE NAME,T OF OFFICER E.G.,-J DOE,NOT UBLIC" In the data below,doing so may prove invaluable to personally appeared f 1`�("Z2 � � _t`r persons relying an the document. / NAME(s)OF SIGNPR(S) CI 0 INDIVIDUAL I`161 personally known to me-'OR-b 13 provided to me on the basis satisfactory eviden to 0 © CORPORATE OFFICER(S); be the person}whose name96 is/5V6 subscribed TIME(s) to the wi in Ins"ment and acknowledged to r BRENDA J DICKSON t e thatrhetofey executed the same in 0- © PARTNER(S) D 0 LIMITED CJMM. 1318CS2: ' Inert authorized apacity(r�),and that by Cl 0 GENERAL i g" i NOTARY I�ttBl tC CAL P Idro a istherft it si ature on the instrument the r � 0 13 ATTORNEY IN-PACT MARtN eoutaTY {} person or the entity upon behalf of which the p ® TRUSfiEE S 5 My CMM.Expires August 17.2COS person acted,executed the instrument. TRUSTEE(S) 0 0 GUARDIANICONSE.RVATOR WITNESS my an and fficial s P11 , O O OTHER: SIGNER IS REPRESENTING: SIGNAIr OF NOTARY i NAME OF PERSON(S)OR ENTITY(IES)) 1 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document' TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIQNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURESFOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: 'GROUP 1. (a)The Chair of the Board {b}The President C Any Vice-President GROUP 2. a)The Secretary b)An Assistant Secretary (c)The Chief Financial Officer R The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the erson si g the instrument to execute Instruments of the type in question is required. A currently valid dower of attorney,Iiatarizec will su Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..arid acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. 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 redornesticated in Nebraska, ASSOCIATED INDEM ITY 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 fullpower of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizainces 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 Attorneys)-in-Pact 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 ffectThis 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 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 . FIREMAWS'FUND INSURANCE C_`ONa1 ANY NATIONAL SURETY CORPORATION "r '• ~ o _'s�..L s= THE AMERICAN INSURANCE COMPANY 4 ASSOCIATED INDEMNITY CORPORATION ,+ 7rx`� 'i•.�*`• a+ sT sr. ,"4 "``✓ �N :r "Nce c�`t 4�X�E,-�9J sr AMERICAN AUTOMOBILE'INSURANCE COMPANY STATE OF CALIFORNIA SS. By COUNTY OF Vice-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 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_ KRISTIN A.GAZZOLI D r t " COMM.#1262236 Q _ NOTARY PUSUC•CALIFORNIA' �... rj MAAR7N COUNTY J My Comm Expin�s APO 29.2004 N 1't STATE OF CALIFORNIA 1 SS. CERTIFICA`C'E COUNTY OF MARIN f I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIIY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article V1I of the By-laws of each company,and die 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 25th day of May 2005 J pba O� F�4 j.dew `.�.,, f�ti �d�a.t n+�'+fy0y gc`�Ur�r�'.,tp'o-•� G1 gyp. SEPF 3.1979 x:.,F £ a • a $8 A L �' ktg���Y .4L�ia ... CE Co4e � 'E,�XCE*�aev� Y' w[OtltS M�,r, Resident Assistant S' clary