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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-646 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 11, 2005 by the following vote; AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None 5�L.. N SUBJECT: Approving the Third Extension of the Subdivision (Right of Way Landscaping) Agreement for PA 02-00001 (cross-reference Subdivision,95-07976), San Ramon (Dougherty Valley)area.. (District III) The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the ''Subdivision (Right of Way Landscaping) Agreement between "Windetnere BLC Land Company LLC and the County for constructionof certain improvements in PA 02-00001 (cross-reference Subdivision 95-07976), in the San Ramon (Dougherty Valley) area, through October 1, 2006; APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100°l0 ♦ ANTICIPATED DATE OF COMPLETION: November 2005 REASON FOR EXTENSION: The Subdivision Agreement (Right of Way Landscaping) expired during the warranty period. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. Ei3:rm I hereby certify that this is a true and correct copy of an action taken c:\GrpData\Engsvc\Bo\2005a0-11\PA02-00001 BO-11.doc and entered onthe minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: Teri Ric(313-2363) cc: Public Works-T.Bell,Construction ATTESTED: 6pal-2 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors'and County T—August 1,2006 WipdemereBLCLand Company,LLC Administrator 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Atm:Brian Olin St.Paul Fire and Marine Insurance 9325 Sky Park Court,Suite 220 By Deputy San Diego,CA 92123 Attn:Teri Apodaca RESOLUTION NO 2005/ CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: PA'02-00001 (x-ref Sub7976) Developer. Windemere BLC Land Company,LLC Original Agreement Date: October 1 2002 3rd Extension New Termination Date October 1,2006' Improvement Security Surety: St.Paul Fire and Marine Insurance Company Bond No.(Date): ST 2225(August 14,2002) Security Tvne Security Amount Cash: $13,903.00(1% cash,$1,000 Min.) Bond: $1,376,397.00(Performance) $695,150.00(Labor&'Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree th eto ac owledge same. r Dated: Dated: a fr71 ��C S qe- att:ach,--r3 FOR CONTRA COSTA.CO Developer's Signature(s) Maurice M. Shiu,Public Wor ire or By; ' i ,�` "� \AA. Printed Developer's Signature(s) RECOMMENDED FOR AP O AL'- By: I Printed (Engine ng ' 'c si } Address St. Paul Fire and Marine Insurance Company (NOTE: Developer's, Surety's and Financial Surety or Financial-Institution Institution's Signatures must be Notarized.) 9325 Sky Park Court, Suite 220 San Diego, ''CA 92123 ,FORM APPROVED Vrtwl::We mw C�mty Come] Address A_ AnnrovalRdurn to Clerk oftheBoard A orney in Facts gnature Seri Apodaca Printed' 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.,ra California Corporation,its Managing Member y. jpa GrAgpkrqf,xAcTe President By: Cindy Thump on,Assi�Sry CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907' Stateof California County of Orange On September S 2005 before me Rasa Estela Rivas, 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(les), and that by his/her/their signature(s)'on the instrument the person(s), or the entity upon 'ROSS r-STELA RlB ATJbehalf of which the person(s) acted, executed the instrument. M NOTARY PU6LIti CALIFORNIA ORANGE COUNTY � l mw comm.expires O �� 2oa7 j WITNESS my hand and official seal SIGNATURE 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 ATTACKED 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($)OR IENTITY(IES) SIGNER(S)OTHER'THAN NAMED ABOVE S-4067/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-;8238 Remmet Ave.,P.O.Box 7184-Canoga Park,GA 81309-7184 The flal 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 and Guaranty Insurance Underwriters,Inc. St.Paul Mercury insurance Company Power of Attorney No. 22775 Certificate No. 1401675 l /j0 675 KNOW ALL MEN BY THESE PRESENTS.That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire 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 culled the"Companies'),and that the Companies do hereby make, constitute and appoint James A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,'Leigh McDonough and Alexis 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 required or,permitted in any actions or proceedings allowed by law..' IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October 2001 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 and Guaranty Insurance Underwriters,Inc.' St.Paul Mercury Insurance Company /J L�� fv�ft S("RVQ&AYIS WI+Pa�Ok4lC n YV•hyyw.w PETER W.CARMAN,Vice President FOFNfN �q��nwcE��. y�s;•Aµ1bA 1�,`...:y+., N'� --I—4� State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary" On this 4th day of October 2001 before rne,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. PgAAbj-6 In Witness Whereof,I hereunto set my hand and official seal. porgRY My Commission expires the Ist day of July,2006. �0 REBECCA EASLEY-ONOKALA,Notary Public HE Ci3Y 86203 Rev.7-2002 Printed in U.S.A. , ............................... . .. . ........................:.:­:.:­:.:­:­.......... ................. ....... ...................:­:...................................L........................................... ................. ...................................................................................... This Power of Attorney is granted under and by the authority,of the following resolutions adopted by the Boards of Directors 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.on September 2,1998,which resolutions are now in full 7force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved,printed or lithographed. The signature of each of the foregoing officers and the seat of the Company,may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,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 facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority,and, in any case,subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1,Thomas E.Huibregtse,Assistant Secretary 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.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 801 day of September 2005 Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power ofAttorney,call 1-800-421-3880 and ask for the Power ofAttorney clerk. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond t©which the power is attached. ................. California All-Purpose Acknowledgment STATE OF CALIFORNIA ) ). ss COUNTY OF ORANGE On September 9, 2005 before me, Dee Baker,Notary Public, personally appeared Greg Pomi 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 capacitiesand that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. DEE MW Witness my hand and official seal. TCommis 147#169 LVt�o�anr Co IMV CUM.a0ma A 19. Dee Baker,Notary Public Description of Attached'Document Title or Type of Document: Contra Costa County Subdivision (Right of Way Landscanel Agreement Extension Wndemere BLC PA 02-00001 (x-ref. Sub 7976) Extension Document Date: Number of Pages: Signer(s)Other Than Named Above: