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HomeMy WebLinkAboutMINUTES - 05092006 - C.12 (2) I I I II IIII III III I III II II IIII II I III III IIII I IIII I III II III CONTRA COSTA Cc Recorder Office Recorded at the request of, STEPHEN L, WEIR Clerk-Recorder Contra Costa county DDC— 2006-0146681-00 Board of Supervisors Return to: Tuesday, MAY 09, 2006 14:41:14 Public Works Department FRE $0.00 Engineering Services Division Tt l Pd $0.00 Nbr-0003234703 Ire/R9/1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 9, 2006,by the following vote: AYES: Uilkema, Pieplio, DeSatilmer,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ ,pet*&O SUBJECT: Accepting completion of improvements for Subdivision 00-08156, San= (Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway and Harcourt Way. The Public Works Director has notified this Board that the improvements in Subdivision 00- 08156 have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TR:kg G:\GrpData\EngSvc\BO\2006\05-09\SD 00-08156 B0-45 DV.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works -Construction Div. -P.Tehaney,M&T Lab -I.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. I hereby certify that this is a true and correct copy of an -T.—March 9,2007 action taken and entered on the minutes of the Board of Sheriff-Patrol Div.Commander CHP,coo Al Supervisors on the date shown. CSAA—Cartog Chris Low,City of San Ramonf�'""� 2222 Camino Ramon San Ramon,CA 94583 ATTESTED: &.5e O 9, 0 G Windemere BLC Land Company,LLC IJOHN CULLEN, CIL4k of the Board of Supervisors and 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 County Administrator ATTN: Brian Olin Arch Insurance Company 135 N.Ls Robles Avenue,Suite 825 Pasadena,CA 91101 ATrN: Rosa E.Rivas By_ ,Deputy RESOLUTION NO.20061 dv�w SUBJECT: Accepting completion of improvements for Subdivision 00-08156, San Ramon (Dougherty Valley) area. (District III) DATE: May 9, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 9,2006 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 SURETY December 3, 2002 Arch Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$749,000.00, Bond No. SU 6000 921 issued by the above surety be RETAINED for the six month lien guarantee period until November 9,2006, 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 Tewksbury Court,Tylerton Court,Stanforth Court,Silk Hll Court,Macedon Court, Tewksbury Way, and Tamburlaine Drive for the hereinafter described public roads,as shown and dedicated for public use on the Final Map of Subdivision 00-08156 filed December 23,2002,in Book 450 o{If final maps at Page 36,Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths(Miles) Tewksbury Court 36'—48' 0.06 Tylerton Court 36' —48' 0.03 Stanforth Court 36' —48' 0.08 Silk Hill Court 36' —48' 0.10 Macedon Court 36'—48' 0.09 Tewksbury Way 36' —48' 0.06 Tamburlaine Drive 36' —56' 0.09 Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Company,LLC,shall retain the subdivision improvements for maintenance and ownership during the warranty period. I BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$14,990.00 cash deposit(Auditor's Deposit Permit No.391439,dated August 14, 2002) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$222,601.50 Bond No. SU 6000 921 issued by Arch Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 2006/�0e RIDER To be attached to and form part of. Bond Number SU6000921 (formerly known as bond no. 3SM04770100) Dated 8/8/2002 issued by the AMERICANI MOTORISTS INSURANCE COMPANY and bond was transferred to ARCH INSURANCE COMPANY in the amount of $1,484,010+00 1 on behalf of WINDEMERE HLC LAND COMPANY, LLC (Principal) and in favor of COUNTY OF CONTRA COSTA (Obligee) Now therefore it is agreed that in consideration of the premium charged, the attached bond shall > Sr p g > be amended as follows: The Bond Amount shall be amended: FROM: $1,484,010.00 TO: $222,601.50 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 16th day of February, 2006. Signed, Sealed & Dated this 16th day of February. WINDEMERE BLC LAND COMPANY,-LLC, a California Iimited 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: � • Dvi� ice Presi .en By: Dee Baker, Assistant Secretary ARCH INSURANCE COMPANY (Surety) By: t - Rosa E. Rivas, Attomey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 17, 2006 before me, Dina Printy, Notary Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his a l thorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. DINA PRINTY Witness my hand and official seal. Commission# 1453610 Q Notary Public-California Orange County / My Comm.Expires Nov 28.2007 rRu r 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 IS REPRESENTING: Corporate Officer— Vice President Lennar Homes of California, Inc. I DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for +Surety Bond No. SU6000921 Number of Pages: One (1) Date of Document: Februanli 16, 2006 Signers (other than those named above):Rosa E. Rivas CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 20, 2006 before me, Dina Printy, Notary Public, personally appeared Dee Baker, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person _acted, executed the instrument. DINA PRINK Witness my hand and official seal. commission# 1453610 Notary Public-California Orange County Y/ My Comm.Expires Nov 28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattacAment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Asst. Sec r tarn Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. SU6000921 Number of Pages: One 1 Date of Document: February 16, 2006 Signers (other than those named above): Rosa E. Rivas, David Evans CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Califomia County of Orange On February 16 2006 before me, G.L.Reza,Notary Public DATE 1 NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC" personally appeared Rosa E. Rivas 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ! ";.°` G. L. REZA p „o COMM. #139500 w �` % NOTARY PUBLIC-CALIFORNIA 3 /I z ORANGE COUNTY N WITN/E ha and official seal. ""°"' My Gomm: EAP, Jan, 21, 2007�[ t SIGNrYE OF NOTARY G.L. Reza J 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 i f 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. ❑ TRUSTEE(S) ❑ 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 OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the"Company')does hereby appoint Rhonda C. Abel, Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino, James A.Schaller, Rachelle Rheault,Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) Its true and lawful Attomey(s)-in Fact, to make, execute, seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split Into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at�any time. The execution of such bonds and undertakings in pursuance.of these-.,presents. shall be as binding upon the said Company as fully and amply to all intents and purposes, as if.the same`66.666h"duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board, the President;or any Vice President,.or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company. and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents Jfor acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Vice President, the seal of the Company, and certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant.to the resolution adopted by the Board of Directors on March 3,2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be vaiid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed In U.S.A. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 14th day of June 2005 Arch Insurance Company Attested and Certified fiance� o$ CORPORATE u SEAL ^� ■11911 //�//�i��I + �/J /) Mary Jea a AnOrs—o6,74fte President Edward M.Titus,Vice President STATEOF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS 1, Kate Marcie kus, a Mk zap y Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before . me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL KATHLEEN MARCINKUS,Notary Public �� City of Philadelphia,Phlla.County Kathleen Marcinkus�ublic My Commission Expires February 25,2006 My commission expires 2-25-06 .CERTIFICATION 1, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14. 2005 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus,who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the'duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed myn��ne and axe a orates Arch Insurance Company on this 16th day of February 20_ L Ak; Mary Je ne derson,Vice President This Power of Attorney limits the acts of those named therein to the bonds and�ertakings specifically named therein and they have no authority to bind the Company)except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors &Developers Group 135 N. Robles Ave.,Ste.825 Pasadena, CA 91101 once CORPORATE SEA 1971 Mbratltl OOMLOO13 00 03 03 Page 2 of 2 Printed in U.S.A.