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HomeMy WebLinkAboutMINUTES - 05232006 - C.19 (2) CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DDC— 2006-0164744-00 Board of supervisors Wednesday, MAY 24, 2006 13:55:02 Return to: FRE $0.00 Public Works Department Engineering Services Division Tt 1 Pd $0.00 Nbr-0003255529 Irc/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 23, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - RESOLUTION NO. 2006/ uoZ Z SUBJECT: Accepting•completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for Subdivision 03-08715 (cross-reference Subdivision 00- 08507), San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway and Silva Way. The Public Works Director has notified this Board that the Right of Way Landscaping improvements for Subdivision 03-08715 (cross-reference Subdivision 00-08507),have been completed as provided in the Subdivision Agreement(Right of Way Landscaping)with Windemere BLC Land Company, LLC, heretofore approved by this Board; TR:kg Z:\GrpData\EngSvc\BO\2006\05-23\SD 03-08715 BO-45 DV ROWL.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works -A.Bell,Construction Div. I hereby certify that this is a true and correct copy of an -P.Tehaney,M&T Lab action taken and entered on the minutes of the Board of -I.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. Supervisors on the date shown. -T.—March 23,2007 Sheriff-Patrol Div.Commander ATTESTED: / // 4 �' � 7 CHP,Bio Al b CSAA-Cartog JOHN CULLEN, Cle of the Board of Supervisors and Chris Low,City of San Ramon ' 2222 Camino Ramon San Ramon,CA 94583 County Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road.,Suite 500 San Ramon,CA 94583 ATTN: Brian Olin By , Deputy Safeco Insurance Company of America 330 N.Brand,Suite 1000 Glendale,CA 91203 ATTN: Rhonda C.Abel RESOLUTION NO.2006/ y�OZ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for Subdivision 03-08715 (cross-reference Subdivision 00- 08507), San Ramon(Dougherty Valley) area. (District IIl) DATE: May 23, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of May 23,2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right of Way Landscaping): DATE OF AGREEMENT NAME OF SURETY December, 2006 Safeco Insurance Company ofAmerica BE IT FURTHER RESOLVED the payment (labor and materials) surety for $53,750.00, Bond No. 6231671 issued by the above surety be RETAINED for the six month lien guarantee period until November 23,2006,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 the Right-of-Way Landscaping improvements on Bowen Court,Karina Court,Silva Way,Watervale Way,Cullens Court and Tolley Court are ACCEPTED AS COMPLETE.Upon completion of the warranty and maintenance period,the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established,and the$1,100.00 cash deposit(Auditor's Deposit Permit No.413390,dated October 16, 2003) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$15,960.00,Bond No. 6231671 issued by;Safeco Insurance Company of America be RETAINED pursuant to the requirements of Section 94-4.4.06 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. !RESOLUTION NO. 2006/ RIDER To be attached to and form part of- Bond Number 6231671 dated 9/25/2003 issued by the SAFECO INSURANCE COMPANY OF AMERICA in the amount of $ 106,400.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Bond amount shall be amended: FROM: $106,400.00 TO: $ 15,960.00 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 7th day of April, 2006. Signed, Sealed & Dated this 7th day of April, 2006. 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 By; �'i� �J iJ.s.• !/ice P,Zc+sioi•�r SA_FECO INSURANCE COMPANY OF AMERICA (Surety) ci 'n' BY: ��cl,-C � �� �? Rhonda C. Abel, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On April 7, 2006 before me, J. Barragan, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared_ Rhonda C. Abel NAME(S)OF SIGNER(S) ® 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 J. gARRAGAN signature(s) on the instrument the person(s), or the entity upon Commission# 1635125 behalf of,which the person(s) acted, executed the instrument. .oma Notary Public-California Orange County My Comm.Expires Jan 5,201 WITNESS my hand official seal. NATURE OF NOTARY 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ . TRUSTEES) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT . NAME OF PERSON(S).OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP POWER SafecoInsurance Companies OPO Box 34526 F ATTORNEY Seattle,WA 98124-1526 No. 9675 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and,GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **********RHONDA C.ABEL;JERI APODACA;ALEXIS H.BRYAN;LINDA ENRIGHT;JANE KEPNER,NANETTE MARIELLA-MEYERS;MIKE PARIZINO; GRACE REZA;RACHELLE RHEAULT;ROSA E.RIVAS;JAMES A.SCHALLER;ASHLEY K.WARD;Irvine;California*********************************** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course.of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this •3rd day of June 2005 STEPHANIE DALEY-WATSON,SECRETARY MIKE PETERS,PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in,the course of its business...On any.instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." . Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Stephanie Daley-Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws-and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 7th day of April 2006 a 5BAL SEAL ofd "''� t>,;'.' �'` �lFrt°IiidS►6C1� OfW �t4` STEPHANIE DALEY-WATSON,SECRETARY S-0974/DS 4/05 Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On April 11, 2006 before me, Karen L. Keenan, Notary Public, personally appeared Brian G. Olin & Erik S. Brown, 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 capacities, and that-by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN Commission# 1378827 ' Notary Public - Calitomla j Contra Costa County Si nature of Not Public AAy Comm.E)qUes Oct 7,2006 1