HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-519 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: None
RESOLUTIQN t 2001 519
SUBJECT: Approving the Second Extension of the Drainage Improvement Agreement for DA
00-00008 (cross-referenceSubdivision 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 Windemere-BLC
Land Company,,L.L.C. and the County for construction of certain improvements in DA 00-00008
(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 ofthe Public Works Director
is APPROVED.
TR:rn, I hereby certify that this is.a true and correct copy of an action taken
G:1GrpData\EngSvc\130\2005\08-16\DA00-OOWSBO-1l.doc and entered on the minutes'ofthe Board of Supervisors on the date
Originator: Public Works(ES) shown.
Contact: Teri Ric(313-2363)
Public works-T.Bell,Construction ATTESTED: AUGUST 16 2005
Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and County
T-October 15,2006
Windemere Bl C Land Company,L.L.C. Administrator
6121 Ballinger Canyon Road,#500
San Ramon,CA 94583
Attn:Brian Olin
The American Insurance Company By '•-aG G►' ,Deputy
777 San'Marin Drive
Novato,i CA 94998"
Atur Eileen M.Robison
RESOLUTION NO.2005/ 519
CONTRA COSTA COUNTY
DRAINAGE IMPROVEMENT AGREEMENT EXTENSION
Development Number: DA 00-000$
Developer: Windemere BLC LandCompany,L.L.C.
Original Agreement Date; January 15,2002
Second Extension New Termination Date: January 15,10 .�u -
Improvement Security
Surety: The American Insurance Company
Bond No. (Date): 11133599388(December 19, 2401)
Security Type Security Amount
Cash: $5,200.00(1% cash,$1,000 Min.)
Bondi $512,800.00(Performance)
$259,000.00(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 the eto and acknowledge same.
Dated: Dated: uni— -1 , 2Q05
(See attached signature page)
FOR CONTRA COSTA COUNTY Developer's Signature(s)
Maurice Dd. Shitj Public Works Director
By: Printed
Developer's Signature(s)
RECOMMENDED FOR APP 'AL:
By; Printed
(Engineerin a 'ce D' 'sign}
Address
The American Insurance Company
(NOTE. Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 777 San Mari n Dr. , Novato, Cly 94998
FORM AFFROVOD:Vitt,).Wcatmen.C.-ty C-1 Address
AfterAanrovalReturn to Cf�rkofthe Board ,...� `L •"� �T
Attorney in Facts Signature
Eileen M. Robison 05/25/05
Printed'
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 HOMES OF CALIFORNIA,INC.,a California
Corporation,its Managing Member
C
'�,•--''fir .,,.•-""��' �"."�..
By:
David Evans,Vice Presido t'
By:
Cindy T hompso Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Ca\i 5wl Pr OPTIONAL SECTION
Countiy of CAPACITY CLAIMED BY SIGNER
On 3 ,before me, 1J►1 f) 14--l'. �XA0 PA Though statute does not require the Notary to till
DATE NAME,TITLE W OFFICER E.G.,'YANE DOE,NOTARY PUBLIC- In the data below,doing so may prove Invaluable
personally appeared l D 'Cvw AMo ,rlo 6d,-J
to persons retying on the document
NAME(S) SIGNER(s) ❑ ❑ INDIVIDUAL
E119bpersonally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ Im CO RATE OF CER(S)
be the person(s)whose names)Aare subscribed TITLES)
to the within instrument and acknowledged to
a DINA PRINTY me that he4sltefthey executed the same in ❑ ❑ PARTNER(S) ❑ 13 LIMITED
.#i eir authorized capacity(ies),and that by
Commission# 1453610 ❑ ❑ GENERAL
I�i0wAheir signature(s)on the instrument the
Notary Public-Caillctnkt ❑- ❑ ATTORNEY-IN-FACT
+as person(s)or the entity upon behalf of which the
"
orongie County ❑ 13 TRUSTEES)
persons)acted,executed the instrument.
My comm.�Ncr28.2t107 ❑ ❑ GUARDIAN/CONSERVATOR:.
Wl rNESS my hand and otlic, 0 ❑ OTHER:
SIGNER IS REPRESENTING.
OF NOTARY (NAME OF PERSON(S),OR ENTITY(IES))
013acknowledged to me that executed the within instrument pursuant to its by-laws LF.✓✓/ilf3�- l (�1 •
or a resolution of its Board of Directors:
OPTIONAL SECTION rM '
THIS CERTIFICATE MUST BE ATTACHED' Title or Type of Document j f! 5 3S9
TO THE DOCUMENT AT RIGHT. Number of Pages, t-
Though the adjacent data is not required by law,it may prove valuable Date of Document_ 5/.5 lbr
to persons relying on the document and could prevent fraudulent Signer(s)'Other Than Named Above_&-i LoN f"', Utisoi
re-attachment of this form
INSTRUCTIONS TO NOTARY
Oe following information is provided in an effort to expedite processing of the documents.
ignatures 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
}{ame must be signed exactly as it is typed or printed:
L 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
iu—th city to sign for and bind the partnership.
IV. SIGNATURI S FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUT' 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
HI
Nd 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 person signmig the instrument to execute instruments of the type in question Is required. A currently valid
power of attorney,notarized,will suffice.
N,
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
g...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
pirectors."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of �? /'� OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On a before me. i r(r 11kc "hough statute docs not require the Notary to fill
DATE NA M,'rrr€.EOFFICER E.G.,"J DOE,NOT tlEidC" in the data below,doing so may prove Invaluable to
f /}�,���// , persons relying on the document.
personally appeared��/ ' F��1L'/S
NAMWS)OF SIGNER(S) 0 ❑ INDIVIDUAL
O/ersonally known to me-OR-0❑ provided to me on the basis of satisfactory evideneg to 0 ❑ CORPORATE OFFICERS)
be the;person(A whose name is/ subscribed TITLE(S)
to the wi 'n Ins' meat and acknowledged to
that a he. executed the same in 0 ❑ PARTNER(S) 0 0 LIMITED
r BRENDA J.DICKSON fs/he
/hetf r a prized apacity(iq ,and that by 0 ❑ GENERAL
COMM #131 Bo92 rf itsre ]on the instrument the 0 ❑ ATTORNEY-IN-FACT
NOTARY PliBLIGCATIfORNiP Q son )or the entity upon behalf of which the 0 ❑ TRUSTEE(S)
MARIN COUN PY son acted,'executed`the instrument.
My Comm.Expires August 17,2005 ❑ ❑ GUARDIAN/CONSERVATOR
W E=myand off iai seal ❑ ❑ OTHER:
SIGNER IS REPRESENTING:
SIGNATUREOTARY I NAME OF PERSON(S)OR ENTITY(IES))
17 IT
DO acknowledged to 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 bylaw,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 -Tule 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 most be signed exactly as it is printed or typed. The signer's interest in the
roperty<<rnust 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.
V. 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
;GROUP 2, a The Secretary
An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of resolution of the Board
ofDirec#ors authorizing the person simimg the instrument to execute Instruments of the type in question is required. A currently valid
power of attorney,notarized,will su
Notarization of only one corporate signature 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
Directors.
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURM CORPORATION ASSOCIATED INDEMNM CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
IOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,TIME 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 Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place,>and stead, to execute, sear,
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 duty attested by tate 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 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 mice-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 WII 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 2001'
FIREMAN'S FUND INSURANCE COMPANY
a ';;*;..;caa �.r.... y .~•`` `"�+ =s° " NATIONAL SURETY CORPORATION
a THE AMERICAN INSURANCE COMPANY
P7.$.W7o Sv
if`` ASSOCIATED INDEMNITY CORPORATION
vn ,<*40 au..,a.�e. HCtt Gil if aMet.C� tr x hxw�ialrs.
s +� Ufi aaa ye �- �o AMERICAN AUTOMOBILE INSURANCE COMPANY
STATE OF CALIFORNIA SS. By
COUNTY OF MARIN Vice-President
On this 2nd flay 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.
r KRISTIN A.GAZZOLI
E COMM.#1262236
-t NOTARy PUSLtC-CALIFORNIA
MARIN COUNTY 0
My Comm.t xpire$AW 20.2004
STATE OF CALIFORNIA S& CERTIFICATE NoIaMy
COUNTY OF MARIN
1, 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 revolved;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 2t}05
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c� &rCir'ae�y� w4. t 41s� ropy,.•.flea` � xitouts►bF'�
Resident Assistant speretary
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