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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-602 CONTRA COSTA to Recorder Office STREN L' WEIR Clerk-Recorder /, Recorded at the request of: Doc"`Contra —�3�@3�8=00 Contra Costa County Hoard of Supervisors We!+eaday, SEP28, 2003 10:'x8:06 Return to: FRE $0.Publ0 Engineering e Works Services Divi Ttl ',P $8,10' %r-ON291'978$ Engineering Services Division IrC/R9li-9 THE BOARD OF SUPERVISORS OF CONTRA. COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 27 2005,by the following vote: AYES: Gioia,Piepho DeSaulnier,GIover,and Uilkema NOES- None ABSENT. None ABSTAIN: None TI01 NO. .1I / SUBJECT: Accepting completion of drainage',improvements for Windemere Sewer Bridge,DA 02-00013 (cross-reference Subdivision 95-07976), San Ramon(Dougherty Valley) area. (District 111) These improvements are approximately located:west of the southern Dougherty/Bollinger Canyon intersection. The Public Works Director has notified this Board that the drainage improvements in DA 02- 00013 (cross-reference Subdivision 95-07976) 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. LL rn,:, G:\GrpDatalEngSvc\BO\20051D9-27\DA 02-00013 BO-45.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 1 hereby certify that this is a true and correct copy of an cc: Public Works -1.Bergeron,Mapping Div. -E.Hu,Engineering Svc, action taken and entered on the minutes of the board of -T.—July 27,2006` Supervisors on the date Shown. Sheriff-Patrol Diu.Commander CHP,c/o Al CSAmog ATTESTED:'_ c .,�C► s r. 5s-y'' .i'. ' wp�S` Windemere ere HLC Lind Company,LLC 6121 Bollinger Canyon Rd.,Ste 500 JOHN SWEETEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 Attn:Brian Olin County Administrator St.Paul Fire and Marine insurance Company 333 City lvxl.West,#1100 Orange,CA 92868 Ann:Patricia H.Brebner 3 RESOLUTION NO.605J Deputy SUBJECT: Accepting completion of drainage improvements for Windemere Sewer Bridge DA 02-00013 (cross-reference Subdivision 95-07976), San Ramon(Dougherty Valley) area. (District III) DATE: September 27, 2005 PAGE• 2' NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 27,2005 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 September 10, 2002 St. Paul Fire and Marine Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$246,000.00, Bond No. SV9445 issued by the above surety be RETAINED for the six month lien guarantee period until March 27,2006,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. Upon acceptance by the Board of Supervisors, the developer, Windemere BLC'Land Company, L.L.C. shall retain the improvements for maintenance during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$5,000.00 cash deposit(Auditor's Deposit Permit No. 391077 dated'August 7, 2002)made by Windemere BLC Land Company,LLC and the performance/maintenance surety bond rider for$73,050.00,Bond No. SV 9445 issued by St. Paul Fire and Marine'Insurance Company 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. fl SURETY RIDER To be attached to and form a part of Bond No. SV9446 Type of Bond: Improvement Security Bond for Drainage Improvement Agreement dated effective 07/26/2002 (MONTH-DAY-YEAR) executed by Windemere BLC Land Company,LLC as Principal, (PRINCIPAL) and by St Paul Fire and Marine Insurance Company 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 Eighty-Seven Thousand and 00/100 Dollars ($487,000.00) To: Seventy Three Thousand Fifty and 001100 Dollars ($73,050.00) Nothing herein contained shall vary,atter 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) St.Paul Fire and Marine Insurance Company' (SURETY} By: cly" 0 t1k, (ANF_77_ ) Jen AVdaca S-0443/GE 7104 FRP WINDEMERE RLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMERE LLC.,a Delaware limited liability company,its Managing Member By.LENI~IAR HOMES OF CALIFORNIA,INC. a California Corporation,its Managing Member Ravi Evans,Vice President By. Cindy Thompsont Assistant Secretary 7hestl POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company; St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity said Guaranty Insurance Underwriters,Inc. St,Paul Mercury Insurance Company 24266 r� Power of Attorney No. Certificate No. 2 0 6 2 7 6 6 KNOW ALL MEN BY THESE PRESENTS:That Seaboard''Surety Company is a corporation duly organized under the Iaws of the State of New York,and that St.PaulFire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized-under the laws of the State of Iowa; and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint James A.Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mire Parizino,Rachelle Rheault, Jeri Apodaca,Patricia H.'Brebner,Leigh McDonough and Alms H.Bryan of the City of Costa Mesa State California their true and lawful Attorney{s}-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,'guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings uifed ora eftnitted na y actions or proceedings allowed by law. `v s IN WITNESS WHEREOF,the Companies have caused this instrurrt�nt be eland seaied"'is It�#h day of March 2004Seaboard Surety Company "Ilnited States Fidelity and Guaranty Company' St Paul Fire and Marine Insumace Company Fidelity and Guaranty insurance Company St.Pard Guardian InsuranceyCor t •'k Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance 19;I7 :SEAL b' Lrj�� Afftwiftal 1ii6 1977 196' PETER W.CARMAN,Vice President -_-7-'-4� State of Maryland t Y City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this: 10th day of Ma't'ch 2004 ,before me,the undersigned officer,personally appeared Peter W.Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,'St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof,I hereunto set my hand and official seal. t41W My Commission expires the Ist day of July,2006. 9�Ct1Y REBECCA EASLEY-ONOKALA,Notary Public 86203 Rev,7-2002 Printed in U.S.A. .......... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Change On July 14, 2-005 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- El 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 helshe/they executed the same in his/her/their authodged capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon • 4 behalf of which theperson(s) acted, executed the instrument. G. L. REZA COMM. #1395003 * NOTARY PUBLIC-CALIFORNIA X CRANK CGUNTYand o c WITNITSS my haAo' ffi ial seal. My Comm.9xp, Jan.21,2007 "ATURF 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 El CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY4N-FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSONS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE I 8-40671GE,EF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 ....... ....... ....... ..... ......... ...... ........ CALIFORNIAALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 18, 21005 before me, Dina Printy, Notary Public, personally appeared David Evans and Cindy Thompson, personally 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 official seal. IDINA PRINW ------------ Comrmsion#1453610 NOtary Public-California Orange Counn/ My Comm.Expires Nov 28 2007 OPTIONAL Though the databelow 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 Evan -e President s—Vic Lennar Homes of California, Inc. Cindy Thompson -Assigtant. Secretary Lennar Homes of:California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety BondNo. SV9445 Number of Pages: Two (21 Date ofDocument: July 14, 2005 Signers (other than those named above):Jeri Apodaca