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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-561 CONTRA COSTA Ca RecOrder Office STEM L MIR Clerk4ecc l5-00 Recorded at the req DOC�est of: Contra Costa CountyL• 2005 15-15:52 Board of Supervisors Wednesday, SEP 14, Return to: FRF $Q.ee Public Works Department ��1 �� "`V�� Nhr-�I l398 Engineering Services Division 1 r C/R9!1-6 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13, 2005,by the following vote:' AYES: Gioia,Piepho,DeSautnier,Glover and Uilkema NOES: None ABSENT None ABSTAIN: None SUBJECT: Accepting completion of improvements for,Midden Valleypark,PA 02-00005(cross reference SUB 00-08507), San Ramon(Dougherty Valley) area. ',(District HI)` These improvements are approximately located near Albion Road. The Public Works Director has notified this Board that the improvements for PA 02-00005 (cross reference SUB 00-08507)have been completed as provided in the Subdivision(Right-of-Way Landscaping)Agreement with Windemere BLC Land Company,LLC,heretofore approved by this Beard in conjunction with the filing of the Subdivision Map. BB.r G.iGrpData\EngSvc\BO\2005\09-13u'A 02-00005 B045 DV.doc Originator: Public Works(ES) Contact: Teri Rie(313-2353), Recording to be completed by COB I.D.-94-3291516 ce: Public Works T.Bell,Construction Div: -M.Valdez,M&T Lab -H.Finch,Maintenance Div. I hereby certify that this is a true and correct copy of an -I.Bergeron,Mapping Div: -L.Theis,Engineering Svc. action taken and entered on the minutes of the Board of -T.-July 13,2006 Supervisors on the date shown. Sheriff-Patrol Div.Commander CHP,clo Al CSAA'—Cartog,' ATTESTED: r 4- /2- +, G 7� � ••r' Chris Low,City,of San Ramon 2222 Camino Ramon,San Ramon,CA 94583 JOHN SWEETS , Clerk of the Board of Supervisors and Windemere BLC Land Company LLC County Administrator 6121 Bollinger Canyon Road,'Ste 500' San Ramon,CA 94583 Attn:Brian Olin The Continental Insurance Company 2600 Lucien Way,Ste 130 By ,Deputy Maitland,FL 327511 Attn:Patricia H.Brebner RESOLUTION NO.2045/ , SUBJECT: Accepting completion of improvements for Hidden Valley Park,PA 02-00005 (cross reference SUB 00-08507), 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 13,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Drainage Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY December 9,2003 The Conitnental Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$679,050.00,Bond No. 929285584 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 Hidden Valley Park,the hereinafter described park,as shown and dedicated for public use on the Final Map of Subdivision 00-08507, filed October 28, 2003, in Book 457 of maps at Page 53, Lot 7, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Park Name APN Number Area (acres) Hidden Valley Park 223-100-048 4.54 AC Upon acceptance by the Board of Supervisors,the San Raman City Council shall accept Hidden Valley Park for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$13,600.00 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 $201,675.00, Bond No. 929285584 issued by The Continental Insurance Company be DETAINED pursuant to the requirements of Section 94-4.406 ofthe Ordinance Code until release by this Board. All deposit permits'are on file with the Public Works Department. a /40C ......... ..... RIDER To be attached to and form part of: Bond Number 929285584 dated 9/24/2003 issued by the THE CONTINENTAL INSURANCE COMPANY in the amount of $1344,500.00 on behalf of WINDEMERE BLQ LAND COMPANY, LLC (Principal) and in favor of CONTRA COSTA COUNTY (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: One Million Three Hundred Forty Four Thousand Five Hundred and No/100 ($1,344,500.00) TO: Two Hundred One Thousand Six Hundred Seventy Five and No/100 ($201,675.) 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 7th day of July, 2005. Signed, Sealed&Dated this 1 lth day of August, 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 Managinbetg David Evans, Vice esident THE CONTINENTAL INSURANCE COMPANY (Surety) By: Rhonda C. Abel, Attomey-in-Fact ........... ......... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On Au-aust 12., 2005 before me, Dina-Printu, 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. UNA PRINV Witness my hand and official seat. commission# 1453610 Notary Public-California Orange County %�My Comm.Expires Nov 28,20071 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. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 929285584 Number of Pages: One (1) Date of Document: August 11, 2005 Signers (other than those named above):Rhonda C. Abel ............. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of 'Orange: On August 112005 before me, G.L.Reza,, Notary Public DATE NAME,TITLE OF OFFICER-E.G'.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel NAME(S)OF SIGNER(S) 'personally known to nye-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 'slare subscribed to the within instrument and acknowledged to me that he/she/they executed the sane in his/her/their authorized,;capacity(ies), and that by his/her/their signature(s)on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. G. L. REZR I� 21, COMM. #,1395003 2 NOTARY PUBLIC-CALIFORNIA 9 3 ORANGE COUNTY C WITN m andofficial seal y+}! !Trht exp. Jen.21,2007 S1 TURE:OF 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-4067tGEEF 2198 01093 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave.,P.O.Box 7184•'Canoga Park,CA 91309-7184 ruwzx Ut'A°1`1"UKNEY"PUIN*f1NU INOIVWUA1.Xt:I W'OE-Y-1114- +Pil i Know All Men.By These Presents,That The Continental Insurance Company,a South Caroms corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois;and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Mike Parizino,Linda Enright,Rhonda C Abel,James A Sehalier,Jane Kepner,Patricia H Brebner, Alexis H Bryan, Jeri Apodaca,Ashley K Ward,Individually of Los Angoles,CA,its tette and lawful tkttomey(s)-iit-Pact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same Ment as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority Hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Board,of Directors of the corporation. in'Witness Whereof The Continental Insurance Company has caused these presents to be signed by its Senior"Vice President and its corporate seal to be hereto affixed on this 25th day of July,2005: ••� .*s The Continental Insurance Company '�""`*•« Michael GenlLler SeniorYlce President State of Illinois,County of Cook,as: On this 25th day of July,2005,before me personally came Michael Gengler to me known,who,being by me duly,sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of The Continental Insurance Company,a South Carolina` corporation,described in and which executed the above instrument;that be knows the seal of said corporation;that the seal affixed to tate said instrument is such corporate seal;that it was so affixed pursuant to authority given by the hoard of Directors of said corporation and that he signed his name thereto pursuant to like authority;and acknowledges same to be the act and deed of said corporation. fFf+t SIAL gAL WZ►MtlCE • xwr�e�riri My Commission Expires September 17,2005 rjakrilriO00%or, otary Public CER'l"Ih'ICATE I,Mary A.Ra`bikawskis,Assistant Secretary of The Continental Insurance Company,a South Carolina corporation,do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 11th day of Au use' , 2005 0••004*0• • The Continental Insurance Company • Form F6850-1112001 Mary A.Rtikai&ds Assistant Secretary Authorizing$y-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY; This Power of Attorney is granted and is signed by facsimile under and by the authority of the fallowing Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13`"day of January,1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior Vice President or a Vice President of the Companybe,and each or any of them hereby is,authorized to execute Powers of Attomey qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,underWdngs and all contracts of suretyship; and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of theca hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. RESOLVED,that the signatures of such officers and the seal of the Company may affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the fixture with respect to any bond,undertaking or contract of suretyship to which it is attached." ., .... .. .. ... :,: ,