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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-647 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 11, 2005 by the following vote; AYES: Gioia,Piepho,DeSsulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None aSIJr� I{ N N PO ! ` SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscaping) Agreement for PA 02-00002 (cross-reference Subdivision'95-07976), San Ramon (Dougherty Valley) area. (District IIT) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision (Right of Way Landscaping) Agreement between Windemere BLC Land Company, LLC and the County for construction'of certain improvements in PA 02-00002 (dross-reference Subdivision 95-07976), in the San Ramon (Dougherty Valley) area, through June 18 2007; ♦ APPROXRvIATE PERCENTAGE OF WORK COMPLETE: 100°f0 ♦ ANTICIPATED DATE OF COMPLETION: November 2005 ♦ REASON FOR EXTENSION: The Subdivision Agreement (Right of Way Landscaping) Agreement expired during the warranty period. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. EH:ma c:\GrpData\Engsve113012005\10-11\PA 02-00002 BO-1 l.doc I hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes;of the Beard of Supervisors on the date ' Contact: " Teri Rie(313-2353) shown: cc: Public Works-T.Bell,Construction — CumntPlanning,Community Development ;ATTESTED: "G April ls,LC Land Cotnpany,LLC Wipdetttere BLC JOHN 'SWEETEN, Clerk of the Board of Supervisors and County Wi 6121 Bollinger Canyon Road,Ste SW Administrator San Ramon,CA 44583 Attn:Brian Olin St.Paul Fire and Marine Insurance Company 4325 Sky Park Court,Suite 220 San Diego,CA 42123 By "` "' >Deputy Ann:Jen Apodaca RESOLUTION NO.2005/ CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: PA 02-00002 Developer: Windemere BLC LandCompany,LLC Original Agreement Date: .Tune 18,2002 2nd Extension New Termination Dater June 18,2007 Improvement Security Surety St.Paul Eire and Marine Insurance Company Bond No.(bate): ST 1843(May 8,'2002)-' Security Tyue' Security Amount Cash: $12,027.00 (1% cash,$1,000 Min.) Bond: $ 1,190,673.00(Performance) $601,350.00(Labor&'Material) The Developer and the Surety desire this Agreement to be extended through the above''date;and Contra Costa County and said Surety hereb agr a thereto and acknowledge same. l Dated: "'�` Dated: Vos Spa a to '_had FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M.Shiu,Public Works ec By: v s` Printed � Developer's Signature(s) RECOMMENDED1~OR ` 'VI.,: By: Printed` (Engineer iig� es ion) 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 FORMAPMOV,:V'vwIWem� CWty Co�1 Address Ater Approval Return to Clerk of the Board L*;;�Ccts Sinature Jeri 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.,a California Corporation,its Managing Member By: jF314 Gre i, i e President L By: Cindy Thomp n,,Assistant Se6etary CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT No.5907 State of California County of Orange On September 8 2005 before me, Rosa 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) islare 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 wj!md _ � behalf of which the person(s) acted, executed the instrument. € ROSA ESTELA RIVAS COMM. 1661 7661 NOTARY PUBLIC CAUFORNIA ORANGE COUNTY o WITNESS my hand and official seal. s � My comm.expires Oct.28,2007 �� 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 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(JES) SIGNER(S)OTHER THAN NAMED ABOVE S-4087/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box'7184-Canoga Park,CA 91309-7184 ' POWER OF ATTORNEY glflaul 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. 1401676 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 called the "Companies"), and that the Companies do hereby make, constitute and appoint James A.Schaller,Rhonda C.Abel,Jule Kepner,,Nanette Mariella-Myers,Mike Parizino,Lunda 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 InsuranceCompany N f927 '+ 5 SggL s teas 1977 t951 PETER W.CARMAN,Vice President State of Maryland' City of Baltimore THOMAS E.HUIBREGTSE,,Assistant Secretary On this 4th day of October 2001 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, p EAg�yYYY�� In Witness Whereof,I hereunto set my hand and official seal. pdrARY (� �BCtC My Commission expires the Ist day of July,2006. ;ra �O REBECCA EASLEY-ONOKALA,Notary Public 86203 Rev.7-2002 Printed in U.S-A. ................... ................................................................................................ .......... .................. ............................................................. ....................... ................. . ......... ..... .............................. 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 Cornpany, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full 7force arid 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 may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal 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 8th day of September 2005 Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power of ttorney,call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the power is attached. ............ ............... California All-Purpose Acknowledgment;, STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE )' On Sgptember 9, 2005 before me, Dee Baker,Notary Public,personally appeared GregLPomi and Cindy Thompson personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to 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: = Witness my hand and official seal. COmn**m 0 1479169 "cloy Pdac-CcWkO"do ons MyCrwrr'I19,� Dee Baker,Notary Public` Description of Attached Document Title or Type of Document: Contra Costa County Subdivision(Ri t-of Way Landscape) Agreement Extension W indernere BLC PA 02-00002 Document Date: Number of Pages: Signer(s) Other Than Named Above: