HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-550 s CONTRA COSTA Co Recorder Office
STP I L. WEIR CJer1 Recorder
Recorded at the request of- DOCS— ����-e3 1097-00
Contra Costa County
Board of Supervisors Wednesday, SEP 14, 2005 15:15:23
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Engineering Services Division 1 r,c/R,9/1—9-
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 13, 2005,by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
SflI,1TIONNO>20�5 �►+
SUBJECT: Accepting completion of improvements for DA 03-00019 (cross-reference
Subdivision 03-08508), San Ramon(Dougherty Valley) area. (District IH)
These improvements are approximately located north of Bollinger Canyon Road to Japonica
Way.
The Public Works Director has notified this Board that the improvements in DA 03-00019
have been completed as provided in the Drainage Improvement Agreement with Windemere BLC
Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the
Subdivision Map.
BB:rm
G:\GrpData\EngSvc\BO\2005\09-13\DA 03-00019 B0-45.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Teri Rie(313-2363) action taken and entered on the minutes of the Board of
Recording to be completed by COB
I.D.94-3291516 Supervisors on the date shown.
cc: Public Works -T.Bell,Construction Div:
M.Valdez M&TLab !-=Q1±V"06i�yi"� , QZ'0Of
-H.Finch,Maintenance Div. ATTESTED: ?'
-1.Bergeson,Mapping Div: JOHN SWEETEN Clerk of the Board of Supervisors and
T.Rie,Engineering Svc. f
T.—June 16,2006 County Administrator
Sheriff-Patrol-Div.Commander
CHP,c/o Al
CSAA-Cartog,
Windemere BLC'Land Company,LLC
6121 Bollinger Canyon Road,Suite 500 By ,Deputy'
San Ramon,CA 94583
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
225 S.Lake Avenue,Ste 700
Pasadena,CA 91101
Attn:Patricia H.Brebner
RESOLUTION NO.2005/ %6\5V
SUBJECT: Accepting completion of improvements for DA 03-00019 (cross-reference
Subdivision 03-08508), San Ramon(Dougherty Valley) area. (District III)
DATE: September 13, 2005
PAGE: 2`
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of September 113,2005 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 BANK/SURETY'
July 8, 2003 Fidelity and Deposit Company of Maryland
BE IT FURTHER RESOLVED the payment(labor and materials)`surety for$233,310.00,
Bond No. 0864-1806 issued by the above surety be RETAINED for the six month lien guarantee
period until March 13,2006,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 improvements are ACCEPTED AS COMPLETE.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$4,670.00 cash deposit(.Auditor's Deposit Permit No. 405704, dated May 22,
2003)made by Windemere BLC Land Company,LLC and the performance/maintenance surety for
$69,293.00, Bond No. 08641806 issued by Fidelity and Deposit Company of Maryland be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release
by this Board.
The developer will maintain the improvements during the warranty and maintenance period.
All deposit permits are on file with the Public Works Department,
SURETY RIDER
To be attached to and form a part of
Bond No. 08641806
Type of
Bond: improvement Security Bond for Drainage Improvement Agreement
dated
effective 05/14/2003
(MONTH-DAY-YEAR)
executed by Windemere BLC Land Company,LLC as Principal,
(PRINCIPAL)
and by Fidelity and Deposit Company of Maryland as Surety,
in favor of County of Contra Costa,California
(OBLIGEE)
in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing
Reducing bond amount from:
Four:Hundred Sixty One Thousand Nine Hundred Fifty and 00/100 Dollars ($451,950.00)
To:
Sixty NineThousand Two Hundred Ninety Three and 00/100 Dollars ($69,293.00)
Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated.
This rider
is effective 07/05/2005'
(MONTH-DAY-YEAR)
Signed and Sealed '07/14/2005
(MONTH-DAY-YEAR)
Windemere BLC Land Company,LLC
(PRINCIPAL)
By: (See attached signature page).
(PRINCIPAL)
Fidelity and Deposit Company of Maryland
(SUR )
By: '-'D r
(A" -FACT Jeri Ap 'dace
S-0443/GE 7/04
FRP
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: ----
David vans,VicePresi t —
By:
Cindy Thome n,4AssintMSezc:fre �
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 18, 2005 before me, Dina Panty, Notary Public, Personally
appeared David Evans and Cindy Thompson, personably 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 capacity, and that by their signatures
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument:
Witness my hand and office I seal.
DINA n 14
r, -•� }
L
Commission## i453b10Notary Public -Calif0mla y
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:
David Evans-Vice President Lennar Homes of California Inc.
Cindy Thompson - Assistant. Secretary Lennar<Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Rider for Surety Bond No. 08641806
Number of Pages: Two (2)
Date of Document: July,14. 2005
Signers (other'than those named above):Jeri Apodaca
CALIFORNIA ALC.-PURPOSEACKNOWLEDGMENT No.5907'
State of California
County of Orange
On July 14, 2005° before me, G.L.Reza,Notary Public
DATE NAME,TITLE OF;OFFICER'-E.G.,"JANE DOE,(NOTARY PUBLIC"
personally appeared Jeri Apodaca
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
signatures)"on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
G. L. REZA {
CtOMM.#1395003
NOTARY PUBLIC-CALIFORNIA M
ORANGE COUNTY N WIVES h d and official seal.
My Gomm.Exp, Jan.21�2007C
Ir
I NATURE 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
TITLES)
❑
PARTNER(S) LIMITED
GENERAL
�I 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-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION'•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANYOF MARYLAND,a
corporation of the State of Maryland,by PAUL C.'ROGERS,Vice President,and T.E.SMITH,'Assistant Secretary,in
pursuance of authority granted by Article Vl,Section 2,of the By-Laws ofsaid Company,w set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d nate,constitute and
appoint Jeri APODACA,of Irvine,California, its true and lawful a ac ke,execute,seal and
deliver,for,and on its behalf as surety,and as its act and de s ,'and the execution of
such bonds or undertakings in pursuance of these `r any,as fully and amply,to all
intents and purposes,as if they had been ac gularly elected officers of the Company at;
its office in Baltimore,Md.,in*'�- 9 .
p rs a orney revokes that issued on behalf of Jeri
APODACA,'dated Z7.0
The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,ofthe By- y,and is now in force.
IN WITNESS Wf F, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th'day of April,
A.D. 2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
T E. Smith Assistant Secretary Paul C.Rogers trice President
State of Maryland ss t
City of Baltimore
On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and,;qualified, came PAUL C. ROGERS, Vice'President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument-is the Corporate Seal of said Company,and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument.by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Sandra Lynn Mooney Notary Public
My Cormnission Expires:' January 1,2004
POA-F 012-5025)
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI,Section 2.The Chairman of the Board,or the President,or any Executive Vice President, or any of the Senior
Vice.-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Conunittee,
shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant,.Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as.provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 1 Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile,or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made,heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 14th day of July 2005
Assistant Secretary