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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-518 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 16, 2005 by the fallowing vote: AYES: Gioia,Iaiepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None .ESt)LUTI+b'r 1' C)*2005I 518 SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for DA 00-00007(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 Windermere BLC Land Company, L.L.C. and the County for construction of certain improvements in DA 00-00007 (cross-reference Subdivision 95-07976),in the San Ramon(Dougherty Valley)area,through January 15, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ANTICIPATED DATE OF COMPLETION: 'January 15 2007 REASON FOR EXTENSION. The Drainage Improvement Agreement has expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken TR:mt and entered on the minutes of the Board of Supervisors on the date G':\GrpData\En&svc\BO\2005i08-I6\DA 00-00007 Ho-I Ldoc shown. Originator: Public Works(ES)' Al1GUST 16 2005 Contact: Teri Rie(313-2363) ATTESTED: s cc: Public Works—T,Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T'•-June 16,2006 Windernere RLC Land Company;L.LLC, 6121 Bollinger Canyon Road,#500 San Ramon CA 44583 Attn:Rrianolin By ,Deputy The American Insurance Company 777 San Marin Dr. Novato;CA 94948 Atm:Eileen Robison RESOLUTION NO.20051 518 CONTRA COSTA COUNTY DRAINAGE IMPRO'VMENT AGREEMENT EXTENSION' Development Number: DA 00-00007(cross-reference SD 95-07976) Developer: Windemere}B C Land Company,L.L.C. Original Agreement Date: +�1,2002 Second Extension New Termination Date. Improvement Security Surety. The American Insurance Company Bond No.(Date). 11133599362(December 19,2001) Security Tyne Security Amount Cash: $4,500.00(1% cash,$1,000 Min.) Bond: $-'448,500.00(Performance) 226,500.00(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 thereto and acknowledge same. Dated: ,! Dated: June 3, 2005 (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu,Public Works Director By: Printed Developer's Signature(s) RECOMMENDED FOR APPPUO V By: AA Printed (Engineeran vice edVicion) Address The American Insurance Company (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures mint be Notarized.) 777 San Marin Dr. , Novato, CA 94998 FORM APPROVtD Vim},Wau m,ComtyComr&O Address After Annrovat Return to Clerk of the Board Attorney in Facts Signature Eileen M Robison 05/25/05 Printed WINDEMERL BLC LAND COMPANY,LLE.,a California' limited liability company By:LEN-UBS 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 Presi'ent By: ` Cindy Thompson Assistant Secretary CALIFORNIA ALLY-PURPOSE ACKNOWLEDGEMENT Stateof eEar\ ,6)i(z,- OPT'IONAL SECTION County of CAPACITY CLAIMED BY SIGNER On 6 05 before me, 1 4 �NrnMMIAM � Though statute dues not require the Notary to Cell DATE DAME,TrrLE O ICERB.O:,1 DoE.NOTARY PUBLIC" In the data below,doing so may prove invaluable �t tt n to persons relying on the document. personally appeared 1 V 4 E &-s ASU 1 1�l� T Ll"f MAWS) IONExts) ME 0 ❑ INDIVIDUAL 7�personally known to me-OR-0❑' provided to me on the basis of satisfactory evidence to 0 CORP(,RATE OFF] ER(S V t et '�aaS eQL:,fr_f SS e t%C be the person(s)whose name(s)Ic(are subscribed TrrL�S) to the within instrument and acknowledged:to btNA PR1[eIIY me that ko*ehhey executed the same in 0 ❑ PARTNER(S) 0 ❑ LIMITED Commimion#1463610 .k 44terAheir authorized capacity(ies),and that by G ❑ GENERAL Notory Pubtic-Crsiltornia Uia their signature(s)on the instrument the 0 ❑ ATTORNEY-IN-FACT person(s)or the entity upon behalf of which the Orange County 0 13 TRUSTEE(S) Ml COMM.�Nov��, � person(s)acted,executed the instrument. 0 13 GUARDIAN/CONSERVATOR WITNESS my hand and off seal, 0 ❑ OTHER. SIGNER IS REPRESEN'T'ING: SIGN O OTARY (NAME OF PERSON(S)OR ENTITY(IES)) 0❑ acknowledged to me that s rporation executed the within instrument pursuant to its by-laws �NNfV- mF6 eF '� a resolution of its Board of Directors. 1 s 14C— or OPTIONAL SECTION L1 }n � ZOft-6 �-�f� Wr/VJ'- THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document � �` TO THE DOCUMENT AT RIGHT. Number of Pages 7W fg Though the adjacent data is not required by law,it may prove valuable Date of Document 5 1 zz& �, !, pp 4 to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above / i�,m 6,s D re-attachment of this farm �i 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 SIGNA�=S.-The name and interest of the signer should be typed or printed BENEATH the signature. lir name must be signed exactly as it is typed or printed. ;IL 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. SIGNATURES FOR 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 CROUP 2. a The Secretary An Assistant Secretary C The Chief Financial Officer d 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 of the Board of Directors authorizing the person si g the instrument to execute instruments of the type in question Is required. A currently valid power of attorney,notarized,will s ee. ,Notarization of only one corporate.signature or signatures from only one group,must contain the following phrase: I...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT NT State of .1 / ©f t? f^ 'f OPTIONALSECTION County of "1 f CAPACITY CLAIMED BY SIGNER 0, "�Sr'61S" before me, �• , !Yl6 lir t UJB/f Though statute[toes not require the Notary to fill DATE ,t�N� LE OP OFFICER E.G.,"JANE DOE,NOTARY PUE C' In the data below,doing so may prove invaluable to f"� personally appeared t ti l? !�f "-�f�m-, persons relying an the document. NAME(S)of sIGNER(S) CI D INDIVIDUAL personally known to me-OR-0 D provided to me on the basis of satisfactory evidence to 0 D CORPORATE OFFICER(S) be the person whose names{}ist6 subscribed TITLE(s) to the wi In Ins mens and acknowledged to BRENDA J DICKSON titat�iel helyexecuted the same in D D PARTNER(S) 11 D LIMITED `of COMK#t318OS2' �' lher r au ortzed capacity,and that by © D GENERAL NOTARY,PS3itL1GCALIPt9FttltA 0 slherlt eir signature( on the instrument the p D ATTORNEY-IN-FACT MAftIN couNrr erson )or the entity upon behalf of which the Y Comm.Expires August 17,20051 person s)acted,executed the instrument. d D TRUSTEE(S) 13 D GUARDIAN/CONSERVATOR WITNESS my h d ante official sejL 0 D OTHER: SIGNER IS REPRESENTING: SIGNATUPVOTNOTARY i NAME OF PERSONS)OR ENTITY(IES)} 013 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. I. FOR ALL SIGNATURES -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. SII. 'SIGNATURES FOR INDIVIDUALS _ The risme must be signed exactly as it is printed or typed: The signer`s interest in the property must be stated. .III. SIGNATURES FOR R 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. SIGNATURES'FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups; ;GROUP r. a)The Chair of the Beard b)The President �c)Any'Vice-President GROUP 2. a)The Secretary b An Assistant Secretary The Chief Financial Officer dc)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 ofthe Board of Directors authorizing the person si g the instrument to execute instruments of the type in question is required. A currently.valid power of attorney,notarized,will sMe Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: 6'...and 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 MIND 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 FIREMWS 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,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';Seeretar}t,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 oiled and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repeated: "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 seats to be hereunto affixed this 2nd' day of Noverrtb e r 2 0 O l =Z """a FIREMAN'S FUND INSURANCE COMPANY °c�ket'r �` S qty "°"• +" NATIONAL SURETY'CORPt3RATION +Cf �1�s,ia,�iL"os *t4�asoy`t,. O d Imo; ,€; THE AMERICAN INSURANCE COMPANY SEAL} ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS. By " COUNTY OF MARIN Vice-President On this 2nd day of November , 2001 ,before me personally came Darin R. Kolbeck to me mown,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. r KRISTIN R.GAZZOLI D 0 COMM..#1262236 p NOTARYPUHLIC-CALFPORMA MARM COUNTY My Cmnm Expires Aprlt 29,20tH .i .11 ) N7TY STATE OF CALIFORNIASS. CERTIFICATE COUNTY OF MARTN I, the'undersigned, Resident'Assistant Secretary of each company, DO HEREBY 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 25th day of May 2005 UW4Y Y `+.cr�'.rt4�.•ir..d•s fib �'�r"'•£aR.a '6ill ���� + �.b v •.Man .�, ! • y`•, .�5 `n 7- SEPTAIR7C � Y ! • �:7 B E A L z (� r� Yy�1r °NrF cod Gq��,�at.coretoUISe Resident Assistant Sp4taq