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HomeMy WebLinkAboutMINUTES - 05092006 - C.4 (2) - I IIII III III I III II II IIII II I IIIIII I III I IIII I III II III CONTRA COSTA Co Recorder Office Contra Costa`Coountyest°f: STEPHEN L, WEIR Clerk-Recorder Board of Supervisors DOC— 2006-0146677-00 Return to: Public Works Department Tuesday, MAY 09, 2006 14:40:55 Engineering Services Division FRE $0.00 Ttl Pd $0,00 Nbr-0003234699 lrc/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,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: Note ABSTAIN: None - - - RESOLUTION NO. 2006/ o�s� SUBJECT: Accepting completion of improvements for Albion Way, Harcourt Way and Windemere Parkway, RA 01-01123, (cross-reference Subdivision 95-07976), San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for RA 01-01123 (cross-reference Subdivision 95-07976)have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company, LLC, heretofore approved by this Board; TR:kg G:\GrpData\EngSvc\BO\2006\05-09\RA 01-01123 B0.45 DV.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works -Construction Div. -P.Tehaney,M&T Lab I hereby certify that this is a true and correct copy of an -1.Bergeron,Mapping Div. -T.Ric,Engineering Svc. action taken and entered on the minutes of the Board of -T.—March 9,2007 Sheriff-Patrol Div.Commander Supervisors on the date shown. CHP,c/o AI ,A /�� � CSAA—Cartog ATTESTED: // �9, �f/G Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CI 94583 JOHN CULLEN, CIA, of the Board of Supervisors and Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 County Administrator San Ramon,CA 94583 ATTN: Brian Olin Arch Insurance Company Surety or Financial Institution 135 N.Los Robles Avenue,Suite 825 ByDeputy Pasadena,CA 91101 ATTN: Ashley K.Ward RESOLUTION NO.2006/_ l I i SUBJECT: Accepting completion of improvements for Albion Way, Harcourt Way, and Windemere Parkway, RA 01-01123, (cross-reference Subdivision 95-07976), 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 Road Improvement Agreement: DATE OF AGREEMENTI NAME OF SURETY September 17, 2002 Arch Insurance Co. Surety or Financial Institution BE IT FURTHER RESOLVED the payment(labor and materials)surety for$2,216,00.00, Bond No. SU 6000 911 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 Albion Way,Harcourt Way,and Windemere Parkway, the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 02-08620,filed October 25,2002,in Book 448 of final maps at Page 9, Official Records of Contra Costa County State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths(Miles) Albion Way 40'—62' 0.22 Harcourt Way 40' —68' 0.19 Harcourt Way 40' —62' 0.30 Windemere Parkway 83' — 118' 0.38 Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Company, LLC, shall retain the road improvements for ownership and maintenance during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$44,330.00 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 $658,360.00, Bond No. SU 6000 911 issued by Arch Insurance Company Surety or Financial Institution 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. RESOLUTION NO. 2006/og-CZ-- RIDER To be attached to and form part o£ Fvu6--�r: F*V AcCe-PTA acE- ol-D1.Z.27 Bond Number SU6000911 (formerly known as bond no. 3SM04770200) Dated 8/8/2002 1 issued by the AMERICAN MOTORISTS INSURANCE COMPANY and bond was transferred to ARCH INSURANCE COMPANY in the amount of $4,388,670.00 I 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: $4,388,670.00 TO: $658,300.00 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 June, 2005. Signed, Sealed &Dated this 28th day of June, 2005. 1 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 B j,2yrence H. Thompson, Vice President By Dee Baker, Assistant Secretary ARCH INSURANCE COMPANY (Surety) By: ------A(Kfiley K.Vara, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT I State of California County of Orange On June 29, 2005 before me, Dina Prints, Notary Public, personally appeared Lawrence I 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 samel in their authorized capacity, and that by their signatures on the instrument the person lor the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DINA PRIMP _ a � Commission# 1453510 a/ ,. : k, _i iiF-rte. '. Notary Public -California Orange County 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: Lawrence H. Thompson — Vice e President Lennar Homes of California, Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. I DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. SU6000911 Number of Pages: Two (2) Date of Document: June 28. 2005 Signers (other than those nal ed above):Ashley K. Ward CALIFORNIA ALL-PURPOSE A( 'OWLEDGMENT No.5907 State of California I County of Orange On June 28 2005 blefore me, Angela Petropoulos,Notary Public DATE I NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC" personally appeared Ashley K.Ward 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 ANGELA 1::; J11116.4161 LC behalf of which.the person(s) acted, executed the instrument. COMMIssion#1538595 Z : o'-• .0Notary Public-California Orange county IWITNESS my hand and i al. MITI-My Com.Expires Dec 25,2008 SIGNA RE 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 i f this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT I ❑ 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 S4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 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 Attorneys}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 J 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 undertI kings 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 had been;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 foiice 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 for acceptance of process." This Power of Attorney is signed, sealed i nd 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 valid and binding upon the Company. 00MI-0013 00 03 03 Page 1 of 2 Printed in U.S.A. N'k Arch Insurance Group IMPORTANT NOTICE CONCERNING THE TERRORISM RISK INSURANCE ACT OF 2002 The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the federal government will share, with the insurance industry, in losses arising out of "acts of terrorism" certified as such by the Secretary of the Treasury. "Certified acts of terrorism" are defined as events that cause more than $5 million in losses and: 1. Are violent or dangerous to human life, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel; and 3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to coerce the civilian.population of the United States or to influence the policies or conduct of the United States Government. The Act specifies that coverage for"certified acts of terrorism" must be made available in commercial property and casualty policies of insurance, and it requires insurers to disclose any applicable premium charges and the federal share of compensation. We are making these disclosures in strict compliance with the Act. Disclosure)of Availability of Coverage for Terrorism Losses Coverage for losses resulting from icertified acts of terrorism" is being made available to you on terms, amounts, and limitations generally applicable to losses resulting from perils other than acts of terrorism. Disclosure If Federal Share of Compensation forTerrorismLosses The federal government will pay aI90% share of an insurer's terrorism losses once the insurer has satisfied a significant aggregate annual deductible. For terrorism losses occurring in 2002, that deductible is 1% of the insurer's 2001 direct earned premium. For losses occurring in 2003, 2004 and 2005, the annual insurer deductibles are 7%, 10% and 15% of the prior year's direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism" once aggregate annual insured losses exceed $100 billion. Disclosure of Terrorism Insurance Premium Your Bond premium charge for"certified acts of terrorism" coverage is $0. SR 80 37 (Ed. 11 02) Page 1 of 1 Printed in U.S.A.