HomeMy WebLinkAboutRESOLUTIONS - 10172006 - 2006-661 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 17, 2006 by the following vote:
AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2006/ lv w/
SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road
Acceptance 02-01142 (cross-reference Subdivision 00-08507), for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District III)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Road Improvement Agreement between Windemere BLC
Land Company,LLC and the County for construction of certain improvements in Road Acceptance
02-01142 (cross-reference Subdivision 00-08507), in the San Ramon (Dougherty Valley) area,
through October 14, 2008;
o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100%
♦ ANTICIPATED DATE OF COMPLETION: February 2007
♦ REASON FOR EXTENSION: Completion of warranty period
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
LB:vz I hereby certify that this is a true and correct copy of an action taken
G:1EngSvc\BO\2006\10-17\RA 02-1142 BO-1 .doe and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) Shown.
Contact: T. 3 (313-2363)
Bond No/Date:0864188366(July 17,2003) ATTESTED:
0
cc: PublicWorks—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County
Current Planning,Conununity Development
T—August 17,2006 Administrator
Windenrere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin By , Deputy
Fidelity and Deposit Company of Maryland ---T
801 North Brand Blvd,Penthouse Suite
Glendale,CA 91203
Atm:Jane Kepner
RESOLUTION NO.2006/ 6COI
CONTRA COSTA COUNTY
ROAD IMPROVEMENT AGREEMENT EXTENSION
Development Number: RA 02-01142(cross-reference SD 00-08507)
Developer: Windemere BLC Land Company,LLC
Original Agreement Date: October 14,2003
Second Extension New Termination Date: October 14,2008
Improvement Security
Surety: Fidelity and Deposit Company of Maryland
Bond No.(Date): 08641836(July 17,2003)
Security Tvae Security Amount
Cash: $64,500.00(1% cash,$1,000 Min.)
Bond Rider: $957,825.00(Performance)
$3,225,000.00(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 thciTeto an acknowledge same.
Dated: /�I We �101 Dated: September 15, 2006
V jo Windemere BLC Land Company, LLC
FOR CONTRA COSTA COUNTY Developer's Signature(s)
v Maurice M. Shi , Pub "c W rks Director
See attached signature block
By: Printed
Developer's Signature(s)
RECOMMENDED FOR AP VAL:
By: Printed
(Engineeriervi es sion) 6121 Bollinger Canyon Rd., Suite 500
San Ramon, CA 94583
Address
Fidelity and Deposit Company of Maryland
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures must be Notarized.) 801 North Brand Blvd., Penthouse Suite
Glendale, CA 91203
Fam Mrrsove¢vim j Ww ,C�(Ycftmd Address
After Approval Return to Clerk of the Board
Attorney in Facts Signature
Jane Kepner, Attorney in Fact
Printed
Bond No. 08641836
(Road Improvement Agreement Extension RA 02-01142)
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: —G l/2-
Brian G. Olin,Vice-President
By:
Erik S. Brown, Asst. Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California
^,, Cam
County of �.�/v/'a ss.
On49 1,W'17 beforeme, B/J Notary Public,
personally appeared &jo-u. ��" tj;r/-/"`!'g�� L
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s)whose name(s)ts/are
subscribed to the within instrument and
acknowledged to me thatUo/&Wthey
executed the same in hisAier/their authorized
capacity(ies),and that by-his/her/their
�i11MRON WlWW signature(s)on the instrument the person(s),
Ca"Mbehm&1670961 or the entity upon behalf of which the
N dq -Caftffft person(s)acted,executed the instrument.
Carttro Casts C&Z*
10.Cwm-0 Mw 26,201 WI S y tpd and official seal.
i
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer-Title(s): Top of thumb here
❑ Partner- Limited General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Stateof California OPTIONAL SECTION
Countyof Orange CAPACITY CLAIMED BY SIGNER
On 9/15/2006 before me, T. England, Notary Public Though statute does not require the Notary to rill
DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC' In the data below,doing so may prove invaluable to
personally appeared Jane Kepner persons relying on the document.
NAME(S)OFSIGNER(S) ❑ ❑ INDIVIDUAL
DIM personally known to me-OR-0❑ provided to me on the basis of satisfactory evidence to O D CORPORATE OFFICER(S)
p� be the person(s)whose name(s)is/are subscribed TITLE(S)
A 7.ENGLAND m the within instrument and acknowledged to
9 me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ LIMITED
Commission# 1657153 Z his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL
.® Notary Public-California his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-TN-FACT
orange County person(s)or the entity upon behalf of which the ❑ p TRUSTEE(S)
My Comm.Expires Apr 4,2010 person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR
WITNESS hand and official seal ❑ ❑ OTHER:
G SIGNER IS REPRESENTING:
(GNAT F NOTARY (NAME OF PERSON(S)OR ENTITY(JES))
❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT, Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name
must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS -Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers, one from each of the following two groups:
GROUP I. (a)The Chair of the Board
b The President
c)Any Vice-President
GROUP 2. (a)The Secretary
b)An Assistant Secretary
dThe Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized, will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
Power of Attorney
FIDELITY AND 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 WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary,
in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the
reverse side hereof and are hereby certified to be in full force and effect on the date h e COS by nominate,constitute
and appoint Jane KEPNER,of Irvine,California, its true and lawful tt n- make,execute, seal
and deliver,for,and on its behalf as surety,and as its act and o ngs,and the
execution of such bonds or undertakings in pursuan o s on said Company,as fully and
amply,to all intents and purposes, as if xe t ged by the regularly elected officers of
the Company at its office in Ba r� err r�eB�. This power of attorney revokes that issued on
behalf of Jane Kep ov 7
The said Assistant Sl c t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- any,and is now in force.
IN WITNESS OF, 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 26th day of April,
A.D.2005.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
0
W W d /l1� 1/�q�
Y
By:
Eric D. Barnes Assistant Secretary William J.Mills Vice President
State of Marylandss:
I
City of Baltimore
On this 26th day of April, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came WILLIAM J.MILLS,Vice President, and ERIC D. BARNES, 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 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 WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fust above
written.
Constance A.Dunn Notary Public
My Commission Expires: July 14,2007
POA-F 012-5025A
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-Pact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, 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
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power 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 15th dayof September 2006
Assistant Secretary