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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-533 �I� 11 lI CONTRA COSTA Cc Recorder Office STEPHEN Li WEIR Clerk-Recorder Recorded at the request of: DOC— 200 -0311247-00 Contra Costa County Wednesday, AUG17, 2003 14i43:20 Board of Supervisors PRET $0.00 Return to: Public Works Department TtI Pd $1.00 Nbr-ON2853271 Engineering Services Division 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 RESOLUTION NOi 2U5 533 SUBJECT: Accepting completion of improvements, Subdivision 00-08152, 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 00- 08152 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-mn G:1GrpData\EngSvc1BO\2005108-161SD 00-08152 BO-45.doc Originator: public Works(Es)' I hereby certify that this is a true and correct copy of an Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board. Of Recording to be completed by COB I.D.44-329-15-16 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: AUGUST lb,, 2005 -1.Bergeron,Mapping Div. -DV Tech,Engineering Svc. JOHN SWEETEN, Clerk of the Board of Supervisors and -T.-June 16,2005 County Administrator Sheriff-Patrol Div.Commander CHP,c%Al CSAA-Cartog C.Low,City of San Ramon Windemere BLC Land Company;L.L.C. By ,Deputy 6121 Ballinger Canyon Road,#500 San Ramon,CA 94583 Attn:Brian Olin RESOLUTION NO.2005/ 533 SUBJECT: Accepting completion of improvements, Subdivision 00-08152, 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 Agreement:' DATE OF AGREEMENT NAME OF BANK/SURETY February 15, 2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$411,200.00, Bond No. 1113359 9230 issued by the above surety be RETAINED' for the six month lien guarantee period until February 15,2006,at which time the Clerk ofthe Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Blakesley Court, Blakesley Drive, Birdwood Court, Barossa Drive, and Arrowfield Drive the hereinafter described roads, as shown and dedicated for public use on the Final Map of Subdivision 00-08152 filed March 1, 2002,in Book 440 of Maps at Page 1-13 Official Records of Contra Costa County, State of California, are ACCEPTED as COMPLETES Road Name Road-R/W Widths` Lengths (Miles) Blakesley Court 36' curb/48' RW 0.02 Blakesley Drive 36' curb/56' RW 0.23 Birdwood Court 36' curb/56' RW 0.06 Barossa Drive 36' curb/48' RW 0.18' Arrowfield Drive 36' curb/56' RW 0.11 BE IT FURTHER RESOLVED>that the beginning of the warranty period is hereby established,and the$8200.00 cash deposit(Auditor's Deposit Permit No. 378659,dated December 12,2001)made by Windemere BLC Land Company,L.L.C.and the performance/maintenance surety bond rider for$122,130.00,Bond No. 1113359 9230 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. . 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. 2005/533 Increase or Decrease Bond Penalty Rider Rider to be attached to and form a part of Bond Number Ill 3359 9230 , dated the 301h day of November , 2001 executed by The American Insurance Company,Surety, on behalf of Windermere BLC Land Company, LLC , Principal, and in favor of the Countv of Contra Costa Obligee for SUB 8152, Phase 1, Village 13, It is understood and agreed that the Bond Penalty is changed: From: Eight Hundred Fourteen Thousand Two Hundred and No//100's Dollars ($814,200.00) To: One Hundred Twenty Two Thousand One Hundred Thirty and NO/100's Dollars ($122,130.00) Effective: June 16, 2005 Provided, however, that the aggregate liability of the Principal and Surety shall not exceed the amount of liability assumed at the time the act and/or acts of default were committed and in no event shall such liability exceed the larger of the above mentioned sums. The liability of the Principal and the Surety under the Bond and under the Band as changed by this rider shall not be cumulative. Nothing herein contained shall be held to vary, waive, alter or extend any of the terms, conditions, agreements or warranties of the above mentioned Bond other than as stated above. Signed, sealed, and dated this 24th day of June 2005 PRINCIPAL By: (see attached signature page) The American Insurance Company SURETY By 51n. (Seal) Eileen M.Robison ATTORNEY IN FACT WiNDEMERE RLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS W'INDEMERE,LLC.,a Delaware limited liability company,.its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member B • Lawrence H.Thompson,Vice President All By: Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE E ACKNO LED EMENT State of California County of Orancte Can June 29, 2005 before me, Dina Printy, Notary Public, personally appeared Lawrence H. Thorniason and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. �n,NAPR Commission# 1453610 [ „ .' No Pubttr .CatitrsrrsiCsnryorange Couy - - �` _.—••. My Comm.Expires Nov 2$,2X17 OPTIC3NAl. Though the data below is not required by taw, it may prove valuable to persons'relying on the document and could prevent fraudulent reattachment of this form. CAPACITY'CLAIMED BY SIGNER SIGNER IS REPRESENTING: Lawrence H. Thompson—Vice President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Increase or Decrease Bond:Penalty Rider for Surety Bond:No. 111 3359 9230 Number of Pages: Two f2„ Date of Document: June 24 2005 Signers (other than those named above):Eileen M. Robison ACKNOWLEDGEMENT State of California }ss. County of Marin On JJUne 24. 20-05, before me, rends 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 (seal) Brenda J. Di son BRENDA J,DICKSON r COMM,#131W92 NOTARY PUSUC-CALIFORNIA MARIN COUNTY } 0My Comm.Expires Au�aJa,17,2005 � FIREMAN'S Ftp INSURANCE COMPANY' NAnoNAL SII TY CORPORATIONASSOCL-TED INl1Ellllstl'I`Y CORPORATION THEAMERICAAN R&ML NCE COMPANY AMERICAN AUTOMOBILE INCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL.MW By TfFSE.PPM3 TS:That FIREMAN'S FLII+ID INS MANCE COMPANY,,,P California corporation, NATIONAL SURETY CORPKJIItAI'I N,an Illinois corporation,on,TBE AMS a-CAN INSURANCE COli/t£ANY,a New Jersey corporation redornest sated in Nebraska, ASSOCIATED INDEMNITY CORPORATION. a Caufornk corporation, and 'ASCAN AUTOMOBILE INSURANCE COMPANY,a A+irssoun corporation,(hum collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA their tree and lawful Attomy(s)-iu-Fact, with full power of authority herby conferred in their name, plane and stead, to execute, seal, acknowledge and deliver any and all bonds,undertalmgs,recognisances or other written obligations in the nature thereof ------- and to bind the:Cmpanjes dmvby as fully and to the same extent as if such bonds were signed by the.President,sealed with the corporate seals of the Conies and duly attested by the Companies'Se amtwY,'hereby raffymg and cwfiming all that the said Atto mey(s)-in-Fant may do in the prernises. This power of attmney is granted under and by the authority of Article VU of the By-laws of each of the Companiees which provisions are now m full fo=and effect. This power of an►mey is signed and sealed render the authority of the following Resolution adopted by the Board of Directors of each of the C o apaures at a meeting truly tanned and held,or by written consent,on the 19th day of March, 1945,and said Resolution has not been amended or repealed: "RESOLVEIJ,that the sigmata re of any Vice,-President,nt,Assistant Seery,and Resident.Assistant Secretary of the Companies, and the seal of the Companies may be affixed to 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 facsindik signature or facsimile seal shall be valid and binding upon the Companies." IN WMJESS WWF,the Companies have caused these presents to be signal by their Vico-Presideatt,and their corporate seals to be hereunto affixed this 2nd day of November 2001 c FIREMAN'S FUND INSURANCE COMPANY �tfx` �"`� NAT'IUNAL SURETY CORPC)ItATION r` •y+„♦ t d , ,P"_'_ t 1 /'ti b �, e C /�rytl�VANY !$A L� THE AMERIL�+2M�E��yINSUR ./��Ci L�.t=i`YJ.[+l�'�i�wy 1 ASSOCUCED AMERICAN AUTOMOBILE OMOBILE V INS af' C:l1Y1rAt'1 1 STATE OF CAI FORNIASS. BY COUNTY OF M ARIl } Vice-H+esidmt on this 2nd -day of November 20 OI ,before me personally came Dona R. Kolbeck to me known,when,being by ane duly sworn,did depose and say.that he is a Vice-President of cash company,described in and which executed the above:imstrt;that be prows the seals of the said Companies;that the seals affixed to the,said instrument arc 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 VMNFSS WIMMP,I have bcmnto set my hand and affixed my official seal,the day and year herein first above written. r KRISTIN A GAZZOIi 0 coMM.#12B2'M Nt3:::R*M PMlBUGCAI IFOit IN COUNTY My ErApt 22.: " T3 STATE OF CALIFORNIA. SS CERTIFICATE COUNTY OF MARIN L the undersigned, Resident Assistant Secretary of each company, ISO EF1tEBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore thatArticle 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 elm 24th day of June 2005 �E� a .r 4et- r M -:lEP1:Ai�lli �- ,- y •`- -.s. t :;ler �; •-ter. '°'G �►,� ,lt .ter . Ntf .� v��,w.ee Aye Resident Assistant S .n