HomeMy WebLinkAboutRESOLUTIONS - 10172006 - 2006-666 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/ roto
SUBJECT: Approving the First Extension of the Subdivision Agreement (Right-of-Way
Landscaping)for Subdivision 04-08776,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 first
agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping)
between Windemere BLC Land Company, LLC and the County for construction of certain
improvements in Subdivision 04-08776, in the San Ramon (Dougherty Valley) area, through
September 13, 2008;
o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95%
o ANTICIPATED DATE OF COMPLETION: Fall 2007
o REASON FOR EXTENSION: Completion of punch list items.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
LB:vz I hereby certify that this is a true and correct copy of an action taken
G:\EngSvc\BO\2006\10-17\SD 04-8776 BO-11.doc and entered on the minutes of the Board of Supervisors on the date
Originator: Public Works(ES) Shown.
Contact: T.Ric( 63) y
Bond No/Date:4410190(December 3,zona) ATTESTED: /W/J T. O?ALO.J:�
cc: Public Works—Construction JOHN CULLEN, Clerk of the Board of Supervisors and County
Current Planning,Community Development
T—July 13,zoos Administrator
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583 -
Atm:Brian Olin By ,Deputy
Quanta Indemnity Company,formerly
National Farmers Union Standard
One Financial Plaza,10"'Floor
Hartford,CT 06103
Atm:Jeri Apodaca /
RESOLUTION NO.2006/ S'�
0
CONTRA COSTA COUNTY
SUBDIVISION (RIGHT-OF-WAY LANDSCAPING) AGREEMENT EXTENSION
Development Number: SD 04-08776
Developer: Windemere BLC Land Company,LLC
Original Agreement Date: September 13,2005
First Extension New Termination Date: September 13,2008
Improvement Security
Quanta Indemnity Company,formerly
Surety: National Farmers Union Standard
Insurance Company
Bond No.(Date): 4410190(December 3,2004)
Security Type Security Amount
Cash: $1,720.00(1% cash,$1,000 Min.)
Bond: $ 170,480.00(Performance)
$86,100.00(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 thereto and acknowledge same.
Dated: Dated: September 1. 2006
Windemere BLC Land Company, LLC
FOR CONTRA COSTA COUNTY Developer's Signature(s)
aurice M. hiu, i lie Works D' �ector
t� See attached signature block
By: A 44, Printed
Developer's Signature(s)
RECOMMENDED FOR APPROVAL:
By: Printed
(Engineering Services Division)
Address
Quanta Indemnity Company, formerly
National Farmers Union Standard Insurance Company
(NOTE: Developer's, Surety's and Financial Surety or Financial Institution
Institution's Signatures niust be Notarized.) One Financial Plaza, 10th floor
Hartford, CT 06103
FOR MMOVEO:ViCW I WZb CCMWCQ d Address) //''
After Approval Relaru to Clerk of tire Board _ f Q,A ,6� ko,,, _
Atto yin acts Signa e
Jeri Apodaca, Attorney in fact
Printed
Bond No. 4410190(Subdivision Agreement Extension)
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:
Brian G. Olin, Vice-President
By: ec Q —
Erik S. Brown,Asst. Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California // l
County of
Gl/ 1} ss.
On(J� ��i add before me, Notary Public,
personally appeared
personally known to me
❑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 hisflter/their authorized
capacity(ies),and that by hisfberftheir
RUTH ELIEId®ISNOP signature(s)on the instrument the person(s),
G+ 1871 or the entity upon behalf of which the
Hofary I ftc-CWftM".o person(s)acted,executed the instrument.
Contra Coafa coto*
MV COMM.Equbw MW 26.201 WITNESS my hand and official seal.
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 biro
❑ Partner- Limited General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California OPTIONAL SECTION
Countyof orange C APACITY CLAIMED BY SIGNER
On 9/1/2006 before me, T. England. Notary Public Though statute does not require the Notary to fill
DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" In the data below,doing so may prove invaluable to
personally appeared Jeri Apodaca persons relying on the document.
NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL
❑❑ personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to Cl ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are subscribed TITLE(S)
to the within instrument and acknowledged to
me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LNITED
T. ENGLAND his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL
Comission# 1657153 his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT
0,,NOtar Publlc-California > person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S)
Orange County persons)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR
COMM
Explres Apr 9,201 C� ❑ ❑ OTHER:
01y hand a
SIGNER IS REPRESENTING:
SIGNA RE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IFS)I
❑❑ 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 1. (a)The Chair of the Board
b The President
c Any Vice-President
GROUP 2. aThe Secretary
An Assistant Secretary
c The Chief Financial Officer
d 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."
STATE OF NEW YORK) ss
COUNTY OF NEW YORK)
On this 26`s day of March, 2004,before me, a Notary Public,personally came WALDA DECREUS,to me known, and
acknowledged that she is an Assistant Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard
Insurance Company]; that she knows the seal of said corporation; and that she executed the above Power of Attorney and
affixed the corporate seal of Quanta Indemnity Company [formerly National Farmers Union Standard Insurance Company]
thereto with the authority and at the direction of said corporation. i
Carol E.Cincola
Notary Public-State of New York Notary Public
No.01014759523
Qualified in Westchester County
My Commission Expires June 30,2006
CERTIFICATE
I, the undersigned, Secretary of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company],
do hereby certify that the foregoing Power of Attorney is still in full force and effect, and further certify that Article XVIII,
Sections 2 and 3 of the By-laws of the Company are now in force.
IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this 1st day of Sep—
tember 2006'
By
Martha G.ha�nerman,Secretary
�pF MN�TY
�T;'VO �T'•O
2003 d
•'•..LORI+;:.
QUANTA INDEMNITY COMPANY
[formerly National Farmers Union Standard Insurance Company]
New York City,New York 10020
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: that Quanta Indemnity Company [formerly National Farmers Union
Standard Insurance Company], a Colorado corporation, (hereinafter the"Company"), does hereby constitute and appoint:
Jeri Apodaca
of Irvine, California to be its true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, seal,
and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course
of its business up to a penal sum not to exceed FIFTY MILLION AND 00/100 DOLLARS ($50,000,000.00)each, and to bind
the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Company.
This appointment is made under and executed pursuant to and by authority of the following By-law, which By-law is now in
full force and effect:
ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC,
Section 2. All bonds,undertakings, contracts, and other instruments, other than as above for and on behalf of the Company
which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company
either by the Chairman or the Deputy Chairman, if any,or the President or a Vice President,jointly with the Secretary or an
Assistant Secretary, under their respective designations,except that any one or more officers or attorneys-in-fact designated in
any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in
Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of
attorney.
Section 3. All powers 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 Deputy Chairman or the President or a 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 following officers: Chairman,Deputy Chairman,President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be
affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or attorneys-
in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,
and 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 attached.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and
the corporate seal of Quanta Indemnity Company[formerly National Farmers Union Standard Insurance Company] has been
affixed thereto in New York City,New York this 26te day of March, 2004.
Quanta Indemnity Company
[formerly National Farmers Union Standard Insurance Company]
By
Walda Decreus,Assistant Secretary
tee.•�o �m.+o
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