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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-633 C TRR STA CoCearder Off in Recorded at the request of: �; RClErk CO der Contra Costa County I)OC. ,20&.8U20 61-00 Board of Supervisors OCT 2005 11-21-15 Return to-, Wednesdays Public Works Department FRE SS 00 772 Engineering Services Division Tt 1 Pd $0.00 "" RS/1-9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on September 20 2005,by the following vote: AYES:SUPERVISORS GIOM PIEPAO, DeSAULNIER AND UILKEMA" NOES: NONE ABSENT; SUPERVISOR GLOVER ABSTAIN': NONE OTS TrO 110.MO.$ SUBJECT: Accepting completion of improvements for Windemere Parkway and Albion Road, RA 02-01142, (cross-reference Subdivision 00-08507), San Ramon (Dougherty "Valley)area. (District 111) The Public Works Director has notified this Board that the improvements for RA 02-01142 (cross-reference Subdivision 00-08507)have been completed as prodded in the Road Improvement Agreement with Windemere>>BLC Land Company, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT:rm G:\GrpDataXEngSvc\BO\2005109-201RA 02-01142 B045 DV(RA).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.95-2578030 Shapell or 94-3291516 Windemere Supervisors on the date Shown. cc: Public Works T.Bell,,Construction Div.' M.Valdez,M&T Lab H.Finch,Maintenance Div. ATTESTED' tLl e,;,- I0:K -Z-049,4' _1.Bergeron,Mapping Div. -L.Theis,Engineering.Svc. JOHN SWEETEN, p' Clerk of the Board of Supervisors and -T.-July 13,2005 County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAA'-Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 By——- yr— ' ,Deputy Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 225 S.Lake Avenue,Suite 700' Pasadena,CA 91101 Attn.Patricia H.Brebner RESOLUTION NO.2005/ SUBJECT: Accepting completion of improvements for Windemere Parkway and Albion Road, RA 02-01142, (cross-reference Subdivision 00-08507), San Ramon (Dougherty Valley) area. (District 111) DATE: September 20,',2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of September 20,2005 thereby establishing the six-month terminalperiod for the filing of iens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT NAME OF SURETY October 14,2003 Fidelity and Deposit Company of Maryland BE IT FURTHER RESOLVED the payment(labor and materials)surety for$3,225,000.00, Bond No. 08641836 issued by the above surety be RETAINED for the six month lien'guarantee period until March 20,2006,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 Windemere Parkway and Albion Road,the hereinafter described public improvements, as shown and dedicated for public use on the Final Map of Subdivision 00-08507, filed October 28, 2003, in Book 457 of Final'Maps at Page 47-53, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths(Miles) Windemere Parkway 84'curb/118`RW 0.60' Albion Road 40' curb/64''RW 0.51 Upon acceptance by the Board of Supervisors,`the developer, Windemere BLC Land Company,LLC,shall retain the road improvements for maintenance during the warranty period. BE IT FURTHER RESOLVED that the beginning :.of the warranty period is hereby established,and the$64,500.00 cash deposit(Auditor's Deposit Permit No.408869,dated July 17, 2003)mane by Windeere BLC Land Company,LLC, and the performance/maintenance surety bond rider for $957,825.00, Bond No. 08641836 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. All deposit permits are on file with the Public Works Department. SURETY RIDER To be attached to and form a part of Bond No. 08641836 Type of Bond: Improvement Security Bond for Road Improvement Agreement dated effective 07/07/2003 (MONT14-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: Six Million Three Hundred Eight Five Thousand Five Hundred and 00/100 Dollars ($6,385,500.00) To: NineHundred Fifty Seven Thousand Eight Hundred Twenty Five and 00/100 Dollars ($957,825.00) 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) Windeere BLC Land Company,LLC' (PRINCIPAL) By: „(See' attached signature page) (PRINCIPAL) Fidelity and Deposit Company of Maryland (SURETY) By: ( RNE " ` Jeri Ap"dace S-4443/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 Davi TEvans,Vice Presid i By: Cindy Thompsonj Assistant Secretary CALIFORNIA ALL-PURPOSE P OSE ACKNOW EDD MENT Faoppeared:David te of California unty of Carange July 18,20©5 before me, Dina Printy, Notary Public, personally 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. rsl= Y PRtnrty Commission#1453610 i itiorary Public =Cali#oma orange County 'My Comm.Expires Nov 28.20Ct7 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 Cali€ornia. Inc. Cindy Thompson -Assistant. Secretary Lennar'Homes of California. Inc. DESCRIPTION OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. 0864 1836 Number of Pages: Two (2) Date ofDocument: July 14, 2005 Signers (other than those named aboveWeri Apodaca Power of Attorney FIC EUTY AJO DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C,ROGERS,Vice President,and T.E.SMrM,Assistant Secretary,in pursuance of authority granted by Article VL Section 2,of the By-Laws of said Company, set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof s te,constitute and appoint Jeri APODACA,'of Irvine,California, its true and lawful a e ac e,execute,seal and deliver,for,and on its behalf as surety,and as its act and'dee ° " and the execution of such bonds or undertakings in pursuance of these: any,as fully and amply,to all intents and purposes,as if they had beengularly elected officers of the Company at its office in Baltimore,Mei.,in pb%z e attorney revokes that issued on behalf of Jeri APODACA.,dated 7, The said Assistant t the exact set forth on the reverse side hereof is a true copy of Article VI,' Section 2,offthe By- y and is now in force. , IN WITNESS OP, 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.U.2003. ATTEST: FIDELITY AND D POSrT COMPANY OF MARYLAND °t° By- °sem T.E.Smith Assistant Secretary Paul C Rogers Vice President State of Maryland Ss: 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, carne PAUL C. ROGERS, Vice President, and T. E. SMITFL 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 I 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 VMEREOF, l have hereunto set my hand and-affixed'my Official Seal the day and year first above written, Sandra Lynn Mooney Notary Public My Conanission 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 Committee, 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 rewire, or to authorize any person or persons to execute on behalf of the Company any bonds, undertalcing, 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 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoingPower 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 10th 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 "DME: '.':a!:I 0I:a:::y ca:.il:yµs;;E;G.Y:a::::>. :utl::r. .....x9x...... :..;�.. •rx:::a::n,l-:.:,, ..,�,I: ,n,v.. mq.., a ,s. .,r;.E. I ,�E. SNI "lR# .. .. I. ]EE3ilE #ERIE E3CSXE ��IE4:' 3�He#` 9$E x#?:I�li;ss�M¢ 3IEE�:'�dXFEe»00.eE:?,�3EYi f l� T i::::,is .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907 Stateof California County of Change 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 SIGNERS) personally known to me -Of - ❑ 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 helshefthey 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 G. RE�A behalf of which the person(s) acted, executed the instrument. COMM. #1395003 NOTARY NBLIC•CAUFORNIA ORANGE COUNTY �l Moo tm,imp,Jars. 21,20071 WITNE S y ha and o trial seal. GNATU NOTARY -1j.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 B GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SINNER IS REPRESENTING. DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(JES) SIGNER(S)OTHER THAN NAMED ABOVE` S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•9236 Remrnet Ave..P.O.Bax 7184'-Canoga Park,CA 91305-7184