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HomeMy WebLinkAboutMINUTES - 05092006 - C.7 (2) CONTRA COSTA Cc Recorder Office Recorded at the request of. STEPHEN L, WEIR Clerk-Recorder Contra Costa County DOC— 200b-0146679-00 Board of Supervisors Return to: Tuesday, MAY 09, 2006 14:41:04 Public Works Department FRE $0.00 Engineering Services Division Tt 1 Pd $0.00 Nbr-0003134701 lrc/R9/1-7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 9; 2006,by the following vote: AYES: Uilkema Pie ho DeSaid jer, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - RESOLUTION NO. 2006/ SUBJECT: Accepting completion of improvements for Dalton Way, RA 04-01170, (cross- reference Subdivisilon 03-08509),San Ramon(Dougherty Valley)area. (District III) The Public Works Director has notified this Board that the improvements for RA 04-01170 (cross-reference Subdivision 03-08509)have been completed as provided in the Road Improvement Agreement with Lennar Homes of California, Inc., heretofore approved by this Board; TR:kg G:\GrpData\EngSvc\Forms\BO WORD\RA 04-01170 B045 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 -I.Bergeron,Mapping Div. action taken and entered on the minutes of the Board of -T.Ric,Engineering Sve� -T.—March 9,2007 Supervisors on the date shown. Sheriff-Patrol Div.Commander CHP,c/o Al CSAA-Cartog ATTESTED: Chris Low,City of San Ramon JOHN CULLEN, Cle"recif the Board of Supervisors and 2222 Camino Ramon San Ramon,CA 94583 Lennar Homes of California,Inc. County Administrator 25 Enterprise Aliso Viejo,CA 92656 ATTN: Brian Olin Safeco Insurance Company of America By ,Deputy 330 North Brand Blvd.,Suite 1000 Glendale,CA 91203 ATTN: Rosa E.Rivas RESOLUTION NO.2006/ i . I SUBJECT: Accepting completion of improvements for Dalton,RA 04-01170, (cross-reference Subdivision 03-08509), 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 establisliing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY March 8, 2005 Safeco Insurance Company of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for $270,500.00, Bond No. 6243527 issued by the above surety be RETAINED for the six month lien guarantee period until November 9, 2006, at i hich 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 Dalton Way, the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 04-08780, filed January 7, 2005, in Book 473 of final maps at Page 21, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Dalton Way 36' —56' 0.12 Upon acceptance by the Board of Supervisors, the developer, Lennar Homes of California, Inc., shall retain the road improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$5,410.00 cash deposit(Auditor's Deposit Permit No. 432904, dated October 14,2004)made by Lennar Homes of California,Inc.,and the performance/maintenance surety bond rider for $80,340.00, Bond No. 624327 issued by Safeco Insurance Company of America 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. 2006/45,57- ria RIDER —1,C709 To be attached to and form part of: Bond Number 6243527 dated October 6, 2004 issued by the Safeco Insurance Company of America in the amount of $535.590.00 on behalf of Lennar Homes of California, Inc. (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: Five Hundred Thirty Five Thousand and No/100---------------($535,590.00) TO: Eighty Thousand Three Hundred Forty and No/100-----------------($80,340.00) 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 1 st. day of September 2005 Signed, Sealed &Dated this 1st. day of September 2005 Lennar Homes oft Inc., a California corporation By: (Principal) Greg 401mi, Vice President Safeco Insurance Company of A 4I erica(Surety) I , By: ��. c, Rosa E. Rivas, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 6, 2005 before me, Dina Printy, Notary Public, personally appeared Greg Pomi, 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 capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. _ I DIVA # TY 14 �----— Commission# 1453610 zz ' ..-ae Notary Public -California z r•_;- �'' % Orange County eMy 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 President Lennar Homes of California, Inc. I I DESCRIPTON OF ATTACHED DOCUMENT L f Document: Rider foriSurety Bond No. 6243527 r of Pages: One 1f Document: September 1, 2005 s (other than those named above):Rosa E. Rivas CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange I l On September 12005 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 signature(s) on the instrument the person(s), or the entity upon 6 behalf of which the person(s) acted, executed the instrument. G. L. REZA If w' e COMM. #1395003 n -c, NOTARY PUBLIC.CALIFORNIA o WITN S ha nd official seal. `C ORANGE COUNTY tv 4 " My Comm,Exp. Jan. 21,2001 Il SI(ffLYRE15I<oTARY 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) LIMN ED 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/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 i a f- POWER Safeco Insurance Companies OF ATTORNEY Se Box 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 MARIELLA-MEYERS;MIKE PARIZINO, GRACE REZA,RACHELLE RHEAULT;ROSA E.RIVAS;JAMES A.SCHALLER;ASHLEY K.WARD;Irvine, its true and lawful attorneY( ) authority s-in-fact, with full authori 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 >4a,xu. ��tuafQ�� 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 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 band 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-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,an d 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 BylLaws,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 1st day of September 2005 Ctagy� �� f COMp9 3 C�(PEpTE SEAL SEALt�c�Q-,�, afavtiL �� pfWA tp�y y+a� STEPHANIE DALEY WATSON,SECRETARY S-0974/DS 4/05 Safeco and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF