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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-524 THE:BOARD OF SUPERVISORS:OF CONTRA COSTA COUNTY, CALIFORNIA,. Adopted this Resolution on August 16, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulaier,Glover and'Uilkema NOES None ABSENT None ABSTAIN: None SOL N :2(1051 SUBJECT: Approving the Third Extension of the Road Improvement Agreement for RA 00- 01111 (cross'-reference Subdivision 95-07976) Culvert ##1 Phase 1, San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recornmended that he be authorized to execute the third agreement extension which extends the Road Improvement Agreement between Windemere BLC Land Company, L.L.C. and the County for construction of certain improvements in RA 00-01111 (cross-reference Subdivision 95-07976)Culvert#1 Phase 1 in the San Ramon(Dougherty Valley) area, through September 11 2006; + APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100°l0 ♦ ANTICIPATED DATE OF COMPLETION: September 11, 2006 REASON.FOR EXTENSION: The developer has completed the improvements and started its warranty period. However,the Road 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 Mrin and entered on the minutes of the Board of Supervisors on the date G,.\GrpData\Engsvc\Bol2005%08-161RA 00-01111 Bo-1 l.doc shown. Originator: Public Works(ES) Contact: Teri Rie(313-2363) ATTESTED: AUGUST 16, 2005 cc: Public Works-T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Conita tnity Developirsent Administrator T July 11,2006 Windernere BLC Land Company,L.L.C.. 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 Attn:Brian Min By ' ,Deputy The American insurance Company 777 San Marin Drive Novato,CA 94998 Attn:"Eileen Robison RESOLUTION NO.2005/ 524 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number. RA 00-01111 (cross-reference SD 95-07976) Developer. Windemere BLC Land Company,L.L.C. Original Agreement Date: September 11,2001 Third'Extension New Termination Date: September 11, Improvement Security Surety: The American Insurance Company Bond No.(Date), 11133582913(June 25 2001)' Security Tyne Securifty Amount Cash: $ 11,100.00(1%cash,$1,000 Min.) Bondz, 1 , - - I a` -I�JC $1,094,000.00(Performance) $552,550.00(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 agrep thereto and acknowledge same. Dated: r.10, Dated: June 3,, 2(i C?5 (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s)' Maurice Shia rtblic Works I3rector gy; Printed' Developer's Signature(s) RECOMMENDED FOR APPROVAL: By; Printed (Enginee ' Services' ivision) Address The American Insurance Company (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institudon's Signatures must be Notarized.) 777 San Marin Dr.,, Novato, CA 94998 FO"AMOVEM Vicar 1.W*sww�CouwyCa et Address .liter Annrorat return to'GGe&of the Board Attorney in Facts Signature Eileen M. Robison 05/25/05 Printed WINDEMERE BLC LAND COMPANY,LLE.,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 Presider By omps Cindy Thon, sis ant Secretary_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of (2466"a- OPTIONAL SECTION County Of a CAPACITY CLAIMED BY SIGNER On b before me, I Twl�m T __t Though statute does not require the Notary to fill DATE NAME,TTifE OFFICER EG.,"14NE DOE,NOTARY PUBLIC' In the data below,doing so may prove invaluable to persons relying on the document. personally appeared�ti Q V,a1nf�&jp C'i t�13`A -T�nnRSB h� NAMES)WIGNER(S) 0 ❑ INDIVIDUAL .�11�1 personally known to me-OR-0❑ provided tome on the basis of satisfactory evidence toCO RATE OFFI .ER(S),, be the person(s)whose name(s)ls(are subscribed IdrM f1 SI t S w to the within instrument and acknowledged to TtTT E(s) me that slsatthey executed the same in p ❑ PARTNER(S) 0 ❑ LIMITED EBNA f Y his w teir authorized capacity(ies),and that by Cominjulon tit 1453610 rrr'their signatures)on the instrument the 0 ❑ GENERAL ,rV P�-Cages person(s)or the entity upon behalf of which the E3 ATTORNEY-IN-FACT »' a County person(s)acted,executed the instrument. L� ❑ TRUSTEE(S) ituve Q 0 GUARDIANICONSERVATOR Comm.S N046.2001 Zd37 0 ❑ OTHER: �'' WITNESS my hand a rcial SIGNER IS REPRESENTING: TGNATURT?OF NOTARY ;NAME OF PERSON(S)OR ENTITY(TES)) 0❑ acknowledged to me that such cap n executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. L&VAI- *�*Z d( OPTIONAL SECTION! 90A.0, Z+l?"VCM&Ir THIS CERTIFICATE MUST BE ATTACHED Title or Type ofDocument. &61z) >i-111 3358 2113 TO THE DOCUMENT AT RIGHT. Number of Pages 11,j r, C-;, Though the adjacentdata is not required by law,it may prove valuable Date of Document S 12 s l d S to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above i%r'j 11SO/ re-attachment of this form INSTRUCTIONS TO 23©TARY 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 naive utast 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 thespartnership. 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 GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer 1d)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 signing the instrument to execute instruments of the type in question is required, A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: " ..and acknowledged to me ttat such corporation executed time within instrument pursuant to its by-laws or a resolution of its Board of Directors.', CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ,.of /l r /1 r ti OPTIONAL SECTION County of IV'f n j CAPACITY CLAIMER BY SIGNER On ,before me, 4�! �t � ''^ ',- Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER B.G.' JANE it NOTARY'' LTC, in the data below,doing somay prove Invaluable to ` persons relying on the document. personally appeared„ �� �f'6'� NAME(S)OF SIGNERS) 0 ❑ INDIVIDUAL [( personally known to me-OR-❑13 provided to me on the basis of satisfactorya deuce to D ❑ CORPORATE OFFICER(S) be the person whose name(yt�is/ate subscribed riTLE(s) to the within instrumentand acknowledged'to BRi hVDa J.I3iCKS011 m that e/she/ executed the same in 0 ❑ PARTNER(S) 0 ❑ LIMITED r/ it au orized apacity(i ,and that by 0 ❑ GENERAL COM" #1a'i8G9s2 ' �3 © ATTORNEY-W-FACT u . -0 s/her/ tr signature on the instrument the N47AftYtB;s •c 4oNtA on or the entity upon behalf of which the MARIN COUNTY C) P� � tY l� � ❑ TRUSTEES} My COMM.Expires August t7,2005.4 person'}acted,executed the instrument. p ❑ GUARDIAN/CONSERVATOR WITNESS m and and official seal, ❑ ❑ OTHER: _ SIGNER IS REPRESENTING: sIGNA NOTARY (NAW OF PERSON(S)OR ENTITY(IES)) CIO 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'o€Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re,mwhment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents roust 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 niu—stbe signed exactly as it is typed or printed: XI. 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 PARTNI HIPS-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 CORPQRATIONS Documents should be signed by two officers,one from each of floe following two groups: ' GROUP l.' aThe::Chair of the Board The President Any Vice-President GROUP 2.:JaThe Secretary b 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 a resolution of the Board of Directors authorizing the rson si g the instrument to execrate instruments of the type in question is required. A currently valid power of attorney,notarize dwill su Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to ane that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors," FIREMAN'S FUND INSURANCECOMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE'COMPANY' GENERAL POWER OF ATTORNEY KNOW ALL EN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation,:'NATIONAI> MEN SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,:a New Jersey corporation redo nesticated 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 bands were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby mfifying 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 Mce-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 WI1EREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this grad day of November _ , 2001 °°*•#y E�'r''s f� �� �� " FIREMAN'S FUND INSURANCE COMPANY o o;t•"*`',r" t``.�""`^�,�d NATIONAL SURETY CORPORATION F awo -` s>e,%L-181' THE AMERICAN INSURANCE COMPANY s f r = I ASSOCIATED INDEMNITY CORPORATION ` •` �,fi€ ��N ccsr`r a�4Xc cti°pF 'xt `�' AMERICAN AUTOMOBILE INSURANCE COMPANY STATEOF ,. CALIFORNIA SS: By COUNTY OF MARIN Mice-President On this 2nd day of November 2 tl ti 1 ,before me personally came Donn R. Ko lb ec 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 tike 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 p C COMM,#1262236 � 0. ..�"«, NOTARY PUBLIC-CALIFORNIA r ,s MARSH COUNTY My Comm.Expires&prP 209.2W4 N Ii STATE OF CALIFORNIA �SS CERTIFICATE COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO ITEE;'REBY CER71"IFY that the foregoing and attached POWFIZ' 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 o C1 M rt o b c.ncvyr r yt frheF.c�''' f&�'�xet"c°*e*k. x*„ 'rrtowsM°mac!°r. Resident Assistant S clary