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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-562 CONTRA COSTA CO Ordr Off ice Recorded at the request o£: � w Clerkly `f f ice Contra Costa County '"'"' - . Board of Supervisors 1106 Return to: Nednesclay, SEP. 14, 2005 15:1S:°.i? Public Works Department FRt ;fie.00 95if Engineering Services Division Ttl i $0NbC- 2 10 THE BOARD OF SUPERVISORS OF CONTRA. COSTACOUNTY,'CALIFORNIA Adapted this Resolution on September 13,2005,by the following vote: ,AYES: Gioia,Piepho,DeSaninier,Glover and'Uilkema NOES: None ABSENT: None; ABSTAIN: None SUBJECT: Accepting completion of improvements for Limerick Park, PA 02-00006 (cross reference SUB 00-08507), San Raman(Dougherty Valley) area. (District III) These'improvements are approximately located near Windemere Parkway. The Public Works Director has notified this Board that the improvements for PA 02-00006 (cross reference SUB 00-0850'7)have been completed as provided in the Subdivision(Right-of-Way Landscaping)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\49-13\PA 42-00006 BO-45 DV.doc Originator: Public Works(ES) Contact: Teri R e(313-2363) Recording to be completed by COB 1.17.94-3291516 cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab I hereby certify that this is a true and correct copy of an -H.Finch,Maintenance Div. action taken and entered on the minutes of the Board of -1.Bergeron,Mapping Div. -L.Theis,Engineering Svc. Supervisors on the date shown. -T.—July 13,2006 Sheriff-Patrol Div.Commander CHP,c/o Al ATTESTED: ar"&'-'' CSAA_Cartog JOHN SWEETEN, Clerk of the Beard 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,#500 San Ramon,CA 94583 Ann:Brian Olin By f Deputy "travelers Casualty and Surety Company of America 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attn:Patricia H Brenner RESOLUTION NO.2005/ SUBJECT: Accepting completion of improvements for Limerick Park, PA 02-00006 ,(cross reference SUB 00-08507), San Ramon(Dougherty Valley) area. (District III) DATE: „September 13, 20015 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 Travelers Casualty and Surety Company ofAmerica BE IT FURTHER RESOLVED the payment(labor and materials)surety for$558,250.00,Bond No, 104184455 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 Limerick Park for 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 51, Lot 8, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Park Name APN Number Areafacresl Limerick Park;, 223-100-049 2.76 AC Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept Limerick Park for maintenance in accordance with the Daugherty Valley Memorandum of Understanding, BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $11,200.00 cash deposit (Auditor's Deposit Permit No. 414398, dated November 5, 2003) made by Windeere BLC Land Company, LLC,': and the performance/maintenance surety bond rider for $165,795.00, Bond No. 104184455 issued by Travelers Casualty and Surety Company of America be RETAIl1D 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. e RIDER To be attached to and form part of Bond Number 104184455: dated l 0/24/2003 issued by the TRAVELERS CASUALTY AND S11RETY COMPANY OF AMERICA in the amount of $1,105,300:00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of COZ INTY 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 band amount shall be amended. y� FROM: One Million One Hundred Five'Thousand Three Hundred and No/100 ($1,105,300.00) TO: One Hundred Sixty Five Thousand Seven Hundred Ninety Five and No/1001 ($165,795.00) 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 7th day of July, 2005. Signed, Sealed &Dated this 1 lth'day of August, 2005. WINUEMERE BLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMI:IIE,LLC.,a Delaware Iitnited liability company,its Managing Member By:LENNAR HOMES OF CALII~C3RNlA,1 ,a California Corporation,'its Managing Memn er By: David Evans, Vice President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) By: r � Rosa E.Divas, .Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran e On August 12, 2005 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. Witness my hand and official seal. A PRINTY. Commission# 1453610 Notary Public-Callfornia .,, Oronge County y My Comm.Expires Nov 28.2007 OPTIONAL Though the date below is not required by law, it may prove valuable to;persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITYCLAIMED BY SIGNER SIGNER IS REPRESENTING; Coroo_rate Cficer--Vice President. Lennar Homes of-California,>Inc. ©ESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surely Bond No, 104184455;' Number of Pages: One (I} Date of Document: August 11. 2005 Signers(other than those named above):Rosa E. Rivas 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 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) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),Nand that by hislherltheir signature(s) on the instrument the person(s), or the entity upon ' y G. L. REza y behalf of which the person(s) acted, executed the instrument. gCC9M M. #1305003 NOTARY'PUBLIC-CALIFORNIA X ORANGE COUNTY My Co11n,INp.ja:at,2007 WITNES y h d al ffieialseal. SIGN�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 farm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ;INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT' TITLE(S) 0 PARTNER{S) Q LIMITED GENERAL ATTORNEY-IN-FACT ;TRUSTEE(S) 'GUARDIAN/CONSERVATOR NUMBER OF PAGES E] OTHER: SIGNER IS REPRESENTING. DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S40671GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-:Canoga Park,CA M09-7184 IN WITNESS WHEREOF, TRAVELERS CASUALTYAND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused'this instrument to:be signed by their Senior Vice'President and their corporate seals to be hereto affixed this 21 st day of June, 2005. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD By �y coNs. jj� George W. Thompson b l,�,w __. 1 w F� • " Senior Vice President On this 21st`day of June,2005 before me personally came GEORGE W THOMPSON to me known who,being by me duly sworn, did depose and say. that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations'described in and which executed the above'instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. w ir � L7�. My commission expires June 30,2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Senior Vice' President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked;and furthermore, that the Standing Resolutions of the Boards of Directors, as set` forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 11 t h day of August '2005.`. gMLtV Aho �# HAi11�4AG, < p By Nicholas Seminara Senior Vice President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARAH ETON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND ,SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County,of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,'constitute and appoint: James A. Schauer, Jeri Apodaca, Linda Enright, Milne Parizina,'Nanette Mar ella- ?Myers, Rhiia C. Abel, Stanley C Lynn,Jane Kepner, Grace Reza,Rosa E. Rivas,Ashley K.Wards of Irvine,California, their true and'lawful Attorney(s)-in-Fact,with full power and authority hereby conferred'to sign, execute and acknowledge, at any glace within the United States, the fallowing instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as frilly and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed This appointment is made under and by authority of the fallowing Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED; That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second'Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority;'i:nay prescribe to sign with.the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President, any Vice Chairman, any Executive Vice President,any Senior Vice President'or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recogni ice, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice;.President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certtificate of Authority is signed and sealed by facsimile (mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AIVIEIUCA., TRAVELERS CASUALTY AND SURETY COMPANY and FARM[INGTON CASUALTY COMPANY,which Reesotut on is novo in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by famirdle`to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such faosimle signature and facsimile seal shall be valid and binding upon the Company in',.the future with respect to any bond or undertaking to which it is attached. (02-05)Unlirni d