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HomeMy WebLinkAboutMINUTES - 05092006 - C.17 (2) CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County DOC— 2006-0146683-00 Board of Supervisors Return to: Tuesday, MAY 09, 2006 14:41:25 Public Works Department FRE $0.00 Engineering Services Division Tt l Pd $0.00 Nbr-0003234706 lrc/R9/1-10 THE BOARD OF SUPERVIISOPS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 9, 2006,by the following vote: AYES: Uilkema, Piepho, DeSatilnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ dlGf SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for Subdivision 03-08713, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Albion Road, Silva Way, Sandalford Way, and Vindara Lane. The Public Works Director has notified this Board that the Right of Way Landscaping improvements for Subdivision 03-08713, 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 G:\GrpData\EngSvc\BO12006\05-09\SD 03-08713 BO-45 DV.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB c.D.94-3291516 cc: Public Works -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 -1.Bergeron,Mapping Div. -B.Balangan,Engineering Svc. Supervisors on the date shown. -T.—January 14,2006 Sheriff-Patrol Div.Commander CHP,c/o Al ATTESTED: CSAA—Cartog JOHN CULLEN, 06rc 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 Co.of America 01 V 330 N.Brand Blvd.,Suite 1000 Glendale,CA 91203 ATTN: Rosa E.Rivas RESOLUTION NO.2006/ �ty SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement(Right of Way Landscaping) for 03-08713, San Ramon(Dougherty Valley) area. (District III) DATE: May 9, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of May 9,2006Ithereby 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 9, 2006 Safeco Insurance Company of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for $65,900.00, Bond No. 6231668 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 the Right-of-Way Landscaping improvements along Albion Road, Silva Way, Sandalford Way, and Vindara Lane 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$1,320.00 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$19, 572.00,Bond No. 6231668 issued by Safeco Insurance Company of America be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until rele i e by this Board. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2006/09. RIDER To be attached to and form part o 1 Bond Number 6231068 Dated 9/25/2003 issued by the SAFECO INSURANCE COMPANY.OF AMERICA in the amount of $130,480.00 on behalf of Windemere BLC 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 be amended as follows: The Bond Amount shall be amended: FROM: $130,480.00 TO: $19,572.00 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 28th day of December, 2005. Signed, Sealed & Dated this 28th day of December, 2005. 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: (Principal) David Evans, Vace President SAFECO INSURANCE COMPANY OF AMERICA (Surety) Rosa E. Rivas, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On January 6, 2006 before me, Dina Prints, 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 authorized 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 PRS"dTY hand and official I. Commission# 1453610 . Notary Public-California z ,p-�z . Orange County J 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 reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice Pre ident Lennar Homes of California, Inc. DES CRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 6231668 Number of Pages: One (1) Date of Document: December 28, 2005 Signers (other than those named above): Rosa E. Rivas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On December 28 2005 bl fore me, G.L.Reza,Notary Public DATE 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 III G. L. REZA I behalf of which the person(s) acted, executed the instrument. N ' COMM. #1395003 g g Wim® NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY I a My comm:Exp,tan. 21,2007 i[ WITNESS my h d and official seal. wow-im SIGN1 RE OF NOTARY G.L. Reza 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 ❑ 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 6e POWER Safeco Insurance Companies OF ATTORNEY PO Box 34526 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, its true and lawful attorney(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. I IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 3r day of ,lune 2005 V 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..I the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surely operations, shall each have authority to appoint individuals as attorneys-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 assista It secretary of the Company setting out, I (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 al d affixed the facsimile seal of said corporation this 28th day of December 2005 pd qp1 E 11 IV, SEALN3 41CSEAL e��� 1953 F�F1ASNt ' ��OfNhaSa 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 No.5907 State of California County of Orange On December 28 2005 before me, G.L. Reza, Notary Public DATE 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 I _ signature(s) on the instrument the person(s), or the entity upon G. L. REZA+ I� behalf of which the person(s) acted, executed the instrument. COMM. #1395003 �C NOTARY. PUBLIC-CALIFORNIA 3 �.< ORANGE COUNTY o My Comm,Exp.Jan. 21, 2007_ WITNESS my and an official seal. NATU F 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 ❑ 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 a " R Safeco Insurance Companies POWE OF ATTORNEY PO Boz WA 9 Seattle,WA 981241526 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 MARI ELLA-MEYERS;MIKE PARIZINO; GRACE REZA;RACHELLE RHEAULT;ROSA E.RIVAS;JAMES A.SCHALLER;ASHLEY K.WARD;Irvine, its true and lawful attorney(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 I 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 ���4rxey ��fJGJ2� 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...Ithe President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall.ieach have authority to appoint individuals as altomeys-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 df any such instrument or undertaking." Extract from a Resolution of the lBoard 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-attomey 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 28th day of December 2005 ,p cny �>rE COMp SEAL SEAL �ffr�,au; afav,�' Of NASM 6pfWd5a STEPHANIE DALEY-WATSON,SECRETARY S-0974/DS 4/05 Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF • SURETY RIDER Safeco BoxInsurance Companies ® Seattle,WA 98124-1526 To be attached to and form a part of Bond No. 6231668 Type of O� Bond: Improvement Security Bond for Public Right of Way Landscape Agreement dated effective 09/25/2003 (MONTH-DAY-YEAR) executed by Windemere BLC Land Company, LLC as Principal, (PRINCIPAL) and by SAFECO INSURANCE COMPANY OF AMERICA as Surety, in favor of County of Contra Costa (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the following: The penal sum of this bond is decreased: From: One Hundred Thirty Thousand Four Hundred Eighty and No/100------------------------------------------($130,480.00) To: Nineteen Thousand Five Hundred Seventy Two and No/100---------------------------------------------------($19,572.00) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 12/28/2005 (MONTH-DAY-YEAR) Signed and Sealed 12/28/2005 (MONTH-DAY-YEAR) Windemere BLC Land Company, LLC By: Lennar Homes of California, Inc. , Its Manager (PRINCIPAL) By: (PRINCIPAL) C� P9N SAFECO INSURANCE COMPANY OF AMERICA �P0�r<►`Q^ (SURETY) SEAL By: a (ATTORNEY-IN-FACT) Rosa E. Rivas �l,�l 1953 Off' FOf wAsM� S-0443/SA 7/04 Safeco and the Safeco logo are registered trademarks of Safeco Corporation FRP