HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-531 II((
CONTRACOSTA Cc Recorder Office
Recorded at the request of: STEN L. WEIR Clerk-Recorder
Contra Costa County•, DOC;- 2006-0311245-00
Board of Supervisors
Return to: Wodnesday,, AUG 17, 2005 14:43:08'
Public Works Department FRE $0.00
Engineering Services Division Tt 1 Pd $0.00 Nbr4l@2853267
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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
RESOLCJTION NC3.ZOd5/ 531
SUBJECT: Accepting completion of improvements, Subdivision 99-08150, San Ramon
(Dougherty Valley)area. (District III)
These improvements are approximately located east of Bollinger Canyon Road.
The Public Works Director has notified this Board that the improvements in Subdivision 99
08150 have been completed as provided in the Subdivision Agreement with Windemere BLC Land
Company, L.L.C., heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
TR:rm
G:\GrpData\EngSvc\BO\2005\08-161SD 99-08150 B045.doc
Originator:. Public Works(ES) I hereby certify that this is a trite and correct Copy of an
Contact: Teri Rle(313-z363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.94-329-15-16 Supervisors on the date shown.
ec: Public Works T.Bell,Construction Div.
M.Valdez,M&T Lab AUGUST ]�7,,, 2005
H.Finch,Maintenance Div. ATTESTED:
I.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and
-DV Tech,Engineering Svc.
-T.-June 16,2006 County Administrator
Sheriff-Patrol Div.Commander
CHP;c/o Al
CSAR-Cartog
C.Lowe,City of San Ramon By - ,Deputy
Windemere BLC Land Company,L.L.C. --7-
6121 Bollinger Canyon Road,#500
San Ramon,CA 94583
Attn:Brian Olin
RESOLUTION NO.2005/ 531
SUBJECT: Accepting completion of improvements, Subdivision 99-08150, 'San Ramon
(Dougherty Valley)area. (District III)"
DATE: August 16, 2005
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of August 16, 2005 thereby establishing the six-month terminal period for the filing of liens in
case of action under said Subdivision Agreements
DATE OF AGREEMENT NAME OF BANK/SUET-
March 19, 2002 The American Insurance''Company
BE IT FURTHER RESOLVED the payment(labor and materials) surety for $406,800.00,
Bond No. 1-1127507561_issued by the above surety be RETAINED for the six month lien
guarantee period until February 16,2006,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 Casella Court, Angsley Court, Casella Way,Bumbrae
Lane,Bandol Way, Cararnoor Lane, and Craneford Way the hereinafter described roads,as shown
and dedicated for public use on the Final Map of Subdivision 99-08150 filed April 2,2002,in Book
440 of Maps at Page 41-52, Official Records of Contra Costa County,, State of California, are
ACCEPTED as COMPLETE.
Road Name Road-R/W Widths Lengths (Miles)
Casella Court 36' curb/48'RW 0.11
Angsley Court 36curb/48' RW 0.04
Casella Way 36' curb/56' RW 0.12
Burnbrae Lane 36' curb/56' RW 0.05
Bandoi Way 36' curb/56' RW 0.09
Caramoor Lane 36' curb/56' RW 0.07
Craneford Way 36' curb/56' RW 0.12
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established,and the$8,100.00 cash deposit(Auditor's Deposit Permit No. 381790,dated February
19,2002)made by Windemere BLC Land Company,L.L.C.and the performance/maintenance surety
bond rider for$120,810.00,'Bond No. 11127507561 issued by The American Insurance'Companybe
RETAINED pursuant to the requirements of Section 94-4,406 of the Ordinance Code until release
by this Board.
Windemere BLC Land Company, L.L.C. shall maintain the improvements during the
warranty period.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2005/531
Increase or Decrease Bond Penally Ride,.
Rider to be attached to and form a part of Bond Number 111 2750 7561 dated the 12`" day of
February—2002 executed by The American Insurance Company . Surety, on behalf of Windemere
BLC Land Company. LLC , Principal, and in favor of the County of Contra Costa , Obligee
for SUB 8150,Phase 1, Village 11.
It is understood and agreed that the Bond Penalty is changed:
From:. Eight Hundred Five Thousand Four Hundred and NO/100's Dollars ($805;400.00)
To: One Hundred Twenty Thousand Eight Hundred Ten and NO/100's Dollars
($120,810.00)
Effective: June 16, 2005
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 Bond
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.
Signed,sealed, and dated this 24b day of June 2005
PRINCIPAL
By: (See attached signature page)
The:American Insurance Company
SURETY
(Seal)
Eileen M. Robison ATTORNEY IN FACT
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 CAUFORNIA,INC.,a Califora a
Corporation,its Managing Member
Lawrence H.Thompson, resident
By:
Dee Baker,AssistantSemvtary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On June 29,2005 before me, Dina Prints, Notary Public, personally
appeared Lawrence H. Thomgson 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 executed the same in their authorizedcapacity, 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,
7opt ,r=,rty
Commission# 1 453610
Notary ?ubdic - California
Orange County
My•Comm.Explies;Nov 28 2007
A� ,
OPTIONAL
Though the data below is not required 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 1S REPRESENTING:
Lawrence H.:Thornoson Vice President Lennar Homes of California, Inc.
Dee Baker-Assistant. Secretary Lennar Homes of Californiainc.
DESCRIPTON'OF ATTACHED DOCUMENT
Type of Document: Increase or Decrease Bond Penalty Rider for
Surety Bond No. 1112760 7561
Number of Pages: Two (2),
Date of Document June 24 2005
Signers (other than those named above):Eileen M. Robison
ACKNOWLEDGEMENT
State of California
County of Marin } ss:
On June 24, 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) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity;.upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE J (seat)
Brenda J. Dic son
BRENDA J.DICKSON
COMM.#1318452 .�
0 +�
�OTARYpUguC-CAUFORNIA
CL'Mys Ayqust 17,20
0
51
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDMOM CORPORATION
THE AMERICAN INSURANCE CObIPANY AMERICAN AUTOKODU E INSURANCE''COMPANY
GENESIAL POWER OP ATrORNEY
KNOW ALL M]EX BY TEMSE.PRtESENTS. That I FIR94AN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION,an Illinois casporadon TIM AFRICAN INSURANCE CCWANX a New Jerseycorp n redornesticated in
Nebraska. ASSOCL+ITE?D D4DEMIRI""1 Y CORPORATION, a California corporation, and AMERICAN AUTO UX INSURANCE
COMPANY,a IuEssouri corporation,(herein collectively called"the Companies')does each hereby appoint
Eileen M. Robison of Novato, CA
their true and lawful Aft orwy(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acltnowledge 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,scaled with the corporate seals of the
Companies anti duly attested by tba Companies'Secretary,hereby ratifying and cordirming all that the said Attt MCY(s)-imp-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 e,ft
This power of attorney is signed and seated under the authority of the following Resolution adopted by the Board of,Directors of each of the
Companies ata meeting duly called and held,or by written rousent on the 19th day of h4arch41995,and said Resolution has not been amended
or repealed. '
" WOLVED,that the signature of any Vi e-President,Assistant Secretary,and Resident Assistant Secretary of the C=paries,
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 ctifrcate relating thereto,by facsimile,and arty power of attorney,any revocation of any power of attorney,or
c "€cate'bearing such fatimile signature or facsimile Baal shall be valid and binding upon the Companies.-
IN
IN WITNESS WliEitEOF,the Companies have.caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto
affixed this 211d day of Mvem1 er 2001
FIREMAN'S FUND INSURANCE COMPANY
,.r w �.�, ` •••• a NATIONAL SURETY CORPORATION
r �
x..: THE AMEMICAN INSURANCE COMPANY
,:� ASSOtLATE,I?INDI.t3vit+ll.'TY CORPORATION
�►+ a `....«.:•'` '" �`*�rc*'co ' AMERICANAUTOMOBII.E INSURANCE COMPANY
STATE OF CALZORNIA
COUNTY CSF MARIN SS. By ^^
"Ytca- ttr.a
On this2nd Clay of November, , 20_01 ,befort me personally come Donn R. �oibeck
to me known,who,being by me duly sworn,did depose and say.that he is a Vrco-Presideatt of each company,described in and which executed
flit above instrument;that he knows the seals of the said Companies;that the seals affixed to dwsaid instrument are such company seals;that
they went so affixed by order of the Board of Mrec+tors of said companies panies and that he signed his name thereto by like order.`
IN WITNESS WHEREOF,I have hereuntoset my hand and affixed my official,seaL the day and year herein fust above written.
r KE IVIN A GAIZOLI
tl COMM.*1762230
NOTARY PUBLIC-CAUFORNIA
baser CVJNTY 0
miy comm.Exom App+!70.2004
STATE OF CALIFORNIA I SS. CERTIFICATE xti
COUNTY OF MARIN
L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF
Al tRNEY remains in full force and Inas not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution
of the Board of Vuwtors;stet forth in the Power of Attorney,are now in force
Signed and sealed at the County,of Marin. Dated the 24th day of June 2005
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