Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-532 0 COL!TA CoRecorder Office STEMN 21R Recordedt the request of: DOC— am i—00 Contraa Costa County Board of Supervisors WednesdaY, AUG 17 200 14:43:12 Return to: FIEF $0.00 Public Works Department 1 i( �d $1.10 �Ire/RS/1-10 03268 Engineering Services Division !L i G THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on August 16, 2005,by the following vote: AYES: Gioia,Piep'ho,DeSaulnier,Giover and Uitkema NOES: None ABSENT: None ABSTAILN: None S l►L�IC N N4 .20{351 53 SUBJECT: Accepting completion of improvements, '`Subdivision 00-08151, San Ramon (Dougherty Valley)area. (District HI) These improvements are approximately located east of Bollinger Canyon Road. The Public Works Director has notified this Board that the improvements in Subdivision 00- 08151 have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company,LLC,heretofore approvedby this Board in conjunction with the filing of the Subdivision Map. TR:rm Cr:1GrpData\EngSvc\BO\2005108-161SD 00-08151 Biz-45.doc Originator: Public works(BS) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(313-2363) 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. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: AUGUST 1.6, 2005--.-- -1. 005-1.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 AI CSAA–Cartog C.Low,City of San Ramon By , Deputy Windemere BBC Land Company,L.L.C. 6121 Bollinger Canyon Road,#500 San Ramon,CA 94583 Attn:Brian Odin RESOLUTION NO.2005/ 532 -- SUBJECT: Accepting completion of improvements, Subdivision 00-08151, San Ramon (Dougherty Valley)area. (District 111) 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 Agreement'.' DATE OF AGREEMENT NAME OF BANK/SURETY March 19, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$188,000.00, Bond No. 111`2750 7579 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 Bandol Way, Craneford Way, and Barossa Drive the hereinafter described roads,as shown and dedicated for public use on the Final Map of Subdivision 00-08151"filed April 2,2002, in Book 441 of Maps at Page 107, Official Records of Contra Costa County, State of California, is/are ACCEPTED as COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Bandol Way 36' curb/56' RW- 0.05 Craneford'Way 36' curb/56' RW 0.11 Barossa Drive 36' curb/56' RW 0.08 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$3,800.00 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$55,815.00,Bond No. 1112750 7579 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. Windermere 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. 2005/532 Increase or Decrease Bond Penalty Rider Rider to be attached to and form a part of Bond Number 1112750 7579 dated the 12`h day of February 2002 executed by The American Insurance Company . Surety,on behalf of Windemere BLC LandCompany, LLC—. Principal, and in favor of the County of Contra Costa Obligee for SUB 8151, Phase 1 Village 12. It is'understood"and agreed that the Bond Penalty is changed: From: Three Hundred Seventy Two Thousand One Hundred and NO/100's Dollars ($372,100.00) To: Fifty Five Thousand Eight Hundred Fifteen and NO/I00's Dollars ($55,815.00) 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 Band 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 3'0" day of June 2005 . PRINCIPAL By: (Seeattached 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 CALIFORNIA,INC'.,a California Corporation,its Managing Member Lawrence'H.Thompson,Vice President " B .� �, Y Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Califlo mia County of Orange On July 7, 2005 before me, Dina Prints, Notary Public, personally appeared Lawrence H. Thompson 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 authorized capacity, 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. �'`, _ = MA PRINN 1 Commmsion # 1453670 [ J »la Notary Public California Orange County My Comm.Expires Nov 26,2007 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 forma CAPACITY CLAIMED BY'SIGNER SIGNER IS REPRESENTING: Lawrence H. Thomoson-Vice President Lennar Homes of California Inc. Dee Baker-Assistant. Secretary Lennar Homes of California Inc. DESCRIPTON OF ATTACHE© DOCUMENT Type of Document: Increase or Decrease Bond Penalty Rider for Surety Bond No. 11°1 2750 7579 Number of Pages: Two (2) Date of Document: June 30, 2005 Signers (other than those named above):Eileen M. Robison ACKNOWLEDGEMENT State of California ) SS. County of Marin On dune 30# 200 , 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 capacty(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 (Seat) Brenda Dcksor► r BRENDA J, DICKSON COMM,#131W92 i_ NOTARY PUBLIC-CAUFORWA MARIN COUNTY My Comm.Explw Augusl 17,2005 11 7,200511 FIREMAN'S FUND INSURANCE COMPANY NATIONAL S JRrff CORPORATION ASSOCIATED M EItJE1M CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE ]INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRE"SEIM: That FIRMAA1+7''S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomrst cated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a 1vlissour 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 Compalnies',Searetar'y hereby ratifying and confirming all that the said Attorneys)-ia 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 meefmg duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RFSOLVED,that the signatnte of any Vico-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companiesmaybe 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 No trerrrb er 1-2001 s+rrrr, s�►""sU40 sur FIREMAN'S FUND INSURANCE COMPANY a»`,.,,,tee„+ �,+� ..•.. ��� of i` r NAnONAL SURETY CORPORATION t: THE AMERICAN INSURANCE COMPANY t�rtar�no r • iJXff ASSOCIATED INDENLI`UN CORPORATION �<, k••.` `; AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA SS. By ` COUNTY OF MARIN Vice-Pmsidea On this 2nd day of November 2 0 01 ,before me personally came Donn R. Kolbeck to me known,who,being by me duly swore,did depose and say:that he is a ice-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 a-ad`that he signed his name thereto by hike order. IN VftIT"NESS''GV1iEREOF,I have hereunto.set my hand and affixed my official seal,the day and year herein first above written. r KRISTIN A.GAZZOLI > 0COMM.#1262236 +qti NOTARY PUBLIC•CALIPORMA ,( MARIN coUNTY .Q, Mg Comm.Exch s Api!22,2W4 ` HMSTATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF'MARIN 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 revolted;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 3'0th day of J u'ne" 2005 wt.all Resident Assistant S etary Leroy Theis To "Cathy Taylor(E-mail)"<cathy.taylor@lennar.com>,"Ryan <lthei c@pw.cccounty.us> McCallum(E-mail)"{ryan.mccaffum@lennar.com>,"Lou 06/16/2005 04:36 PM Gunn(E-mail)"<lou.gunn@lennar.com> cc bcc Subject Request Bond Riders for Windemere Phase I projects Windemere The following projects are ready to be accepted as complete. Please request a bond rider from your bond companies for the following projects: The band rider needs :to be from the original bond company and must be notarized, but it would be best if we can leave out the "witness" signatures. Project # Project Name Original Bond # Original Perf. Bond Amount 15% Perf. Bond Rider Reduction Amount SUB 8149 Village '10 111 3359 9248 $1,156,300.00 $173,445.00 SUB 8150 Village 11 111 2750 7561 $805,400.00 $120,810.00 SUB 8151 Village 12 111 2750 7579 $372,100.00 $55,815.00. SUB 8152 Village 13 111 3359 9230 $814,200.00 $122,130.00 SUB 8153 Village 14SV 94$2 $1,262,250.00 $189,340.00 RA 1123 1B Backbone 3SM04770200 $4,388, 670.00 $658,`300.00 Village 15, 18, 19: we already have bond riders. Village 16, 17: need to verify sign off from construction working on Village 11B & 12B PLEASE LET ME KNOW THE STATUS OF THE JURATS. Larry Theis Engineering Services CCC Public Works Dept: Phone: (925) 313-2166 Fax: (925) ' 313-2333 9 Subdivision: SIM 8151 $ono Nb.: 111 2750 7579 Premium: $1,302.00 IMPROVEMENT SECUttff Y BOND PoR SustavistoN AGREEMENT (Performance.Cktarantee arnd payment) (California Governtnctit Code§§66499-66499.10) 1_ Rima dF SttsW1s1 : The developer(principal)bias executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other- improvements in Subdivision 8151 .as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in carder to satisfy conditions for filing of final map or parcel reap for said subdivision. 2. trt'8LtG� A;-tCft�� Windemere BLC Land Company, LLC as principal and The American Insurance Company a corporation organized and existing under the Laws of the State of Nebraska and authorized to transar-t surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors. administrators, successors and assigns to the County of Contra Costa,. California to pay as f6llows A. Performance and Guarantee: 2M Hw1dred Seventy+Two Thousand, One Hunched Dollan ($37' .1 QQ-- _0)fot'Contra Costa County or airy city assignee under the above County'Subdi-vision'Agreement. B. Payment: One Hu odred ZghbL-h&W ,Thousand Dollars'f$188,002.00)to'set:um the'claims to which refe=ce is rnade in Title XV(commencing with Section 3082)of Part 4.ofDivision M of the Civil Code of the State of California. 3. Cotvbrtit N: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's hens, executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covemts,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the mariner therein specified and` n all respects according to their true' intent and meaning and shall inde dfy and save harmless the County of Contra Cefsta (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null''and void: othervvise it shall be and remain in full force and effect. As part of obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorneys fees, incurred by the County of Contra Costa(tar city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered: