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HomeMy WebLinkAboutMINUTES - 08152006 - C.20 (2) i IIIIIIIIIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIII111111!11 - --- � CONTRA COSTA Co Recorder Office STEPHEN L, WEIR Clerk-Recorder cord ce,,2cd at the request of: DOC— 2001-0259830-00 Bcz-� Wednesday, AUG 16, 2006 10:55:41 - Raurn.to: _ �'y>— -- FRE $0.00 - _ ` Ttl Pd $p.pp Nbr-ppp3366p58 I lrc/R9/1-8 I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA i Adopted this Resolution on August 15. "006 by the following rote: AYES: Cilkema.Piepho.DeSaulnier.Glox er and Gioia NOES: None ABSENT: None ABSTAIN: None I RESOLUTION NO. 2006/Jl'o9 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Wav Landscaping) for Road Acceptance 03-01151 (cross-reference Subdivision 03-0S5509), for project being developed by Rrindemere BLC Land � Company-, LLC, San Ramon (Dougherty-Valley) area. (District III) I These improvements are approximately located near East Branch Parkway and Sherwood Way. The Public Works Director has notified this Board that the Right of Way Landscaping improvements for Road Acceptance 03-01161 (cross-reference Subdivision 03-08509),have been I completed as provided in the Subdivision Agreement(Right of Wav Landscaping)with Windemere � BLC Land Company-. LLC, heretofore approved by this Board; I Hit:z Comate :e.i J:z+.n._ 3. Rzcardiag to to a•mplerzd b,COB IDs=__ i Ct. z A Be. _ I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of I == Supervisors on the date shown. CN?.'0 Al C, zE C /L�i o�/ur�6� i C_rs:.--.Cay_t�_.=�-�.: ATTESTED: G z'=3== - UC JOHN CULLEN. Cl ^ of the Board of Supervisors and _-_--CA y == Countv Administrator Ha_:_rd.C---c`=i - _= By Deputy i RESOLUTION NO.2006 50 9 I I I SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement i (Right-of-Way- Landscaping) for Road Acceptance 03-01151 (cross-reference Subdivision 03-OS509), for project being developed by Windemere BLC Land Company. LLC. San Ramon (Dougherty-Valle) area. (District III) I DATE: August 15, 2006 PAGE: 2 I NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of August 15. 2006 thereby° establishing the sit-month terminal period for the filing of liens in case of action under said Subdivision Agreement(Right of War Landscaping): I DATE OF AGREEMENT 'NAME OF SURETY Tune 1 2006 'National Farmers Union Standard i Insurance Company- BE IT FURTHER RESOLVED the payment (labor and materials) surety for S49 x.650.00. Bond No. 441019 issued by the above surer-be RETAINED for the six month lien guarantee period until February 15. 2006. at which time the Clerk of the Board is AUTHORIZED to release I the surety less the amount of ani°claims on file. BE IT FURTHER RESOLVED that the Right-of-Way,Landscaping improvements on East Branch Parkwav and Sher-,vood Wav are ACCEPTED AS COMPLETE.Upon completion of the ' warrant- and maintenance period. the San Ramon Cin- Council shall accept the landscape improvements for maintenance in accordance with the Doughert Vallev Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the xvarranty and maintenance period is hereby- established. and the 59.8'0.00 cash deposit (Auditor's Deposit Permit No. 436'-06. dated December 16. 2004) made by Windemere BLC Land Compan,,. LLC. and the performance maintenance surety bond rider for S146.614.50.Bond\o.-1-11019. issued bvNational i Farmers Union Standard Insurance Company be RETAI\ED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. ' I All deposit permits are on file with the Public Works Department. i i , I I I ! RESOL UTIONNO. 2006, i I RIDER To be attached to and form part of. Bond\umber 441019- dated 12 ; 2004 issued b,,-the NATIONAL FARMERS L7I0\ STANDARD INSURANCE i COMPANY in the amount of S 9--_430.00 on behalf of W \DEMERE BLC LAND COMPANY. LLC (Principal) and in fax-or of COUNTY OF CONTRA COSTS (Obligee) I \oxx- therefore. it is agreed that in consideration of the premium charged. the attached bond shall be amended as follov s: The Bond amount shall be amended: FROM: 5977.430.00 TO: S146.614.50 It is further understood and agreed that all other terms and conditions of this bond shall remain unchaneed. This Rider is to be Effective this 7th da} of April_ 2006. I Signed. Sealed & Dated this -th day of April. 2006. R-I\DEMERE BLC LAND CO-AIPA\F._ LLC..a California limited 1ia^1in coninnanv Bv: LEN-OBS R-I\DEMERE. LLC.. a Delaware limited liabihty company. its Managing Member Bv: LENNAR HO_IIES OF CALIFORNIA. I\C._ a Cahfomia Corporation. its Managing Member B.: .lJ.' !/ick p,¢csiDc�vT l�-s� Assf Sprief�-, I NATIO\AL FARMERS UNION STANDARD INSURANCE COMPANY (Surety) By Rhonda C. Abel. Attornex-in-Fact I I I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State o` California Co:xty of Orange On April 71 , ?005 befce me- J. Ba•raaan , Notary ?ublic personalty appeared Rhorda C.Abel ii oerso:ally kno:•,r tc me-OR- _ proved to me cn the oasis of satisfactory ev decce 'o be the person's: whose name+.s. israre subscribed to the v:iffi n irs:rument and acknowleaaeo to me that he`she`they executed the same 0 hishertheir authorized capacity iesr. and that by Ns.%hertheir i J. BARRAGAN signatures; on the instrument the personisi or the entity upc-1 c i Commission* 1635125 § bena!f of wh.ch the per=_on.?s; acted. executed the instrurne-it- F. Notary Public-California �_ Orange County arty Comm.Expires Jan 5,201 WITNESS my hand-sno officia, seal i OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent frauduient reattacnmen,o`tnis form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT i INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUTAEN T PARTNER(Si LIMITED GENERAL I 1 ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN CONSERVATOR NUTABER OF PAGES i OTHER: I SIGNER IS REPRESENTING: DATE OF DOCUMENT SIGNER.S1 OTHER THAN NAMED ABOVE 5 4Z=GE 2 BE KM=e'�—=--.E. Z 1 I __ __ _ __NATLO_N\4,L FARNMER$_L NT19 S fA' D I�_D I\SL1R�?rCt CO]VIP%�1� [in the process of beine renamed Quanta Indemnit} Company] New York Cite.Nen-Fork 10020 i POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that National Farmers Union Standard Insurance Company[in the process o,being renamed Quanta Indemnitc Company], a Colorado corporation.(hereinafter the "Company"j, does hereby constitute and appoint: Rhonda C.Abel of Irvine, California to be its rue and lawful Attorney(s)-in-Fact.with full power and authority hereby conferred to sign. seal. and execute on its behalf fidelis-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 (550.000.000.00)each. and to hind 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 nota in full force and effect: ARTICLE XVIII-EXECUTION OF POLICIES.BONDS.ETC. I 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 Conn-am either by the Chairman or the Deptnv Chairman. if any. or the President or a Vice President. iointh with the Secretary or an Assistant Secretary.under their respective designations. except that any one or more officers or attomevs-in-fact designated it,, 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 attomey. Section 2. 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. iointh•with the Secretary or an Assistant Secretary.under their respective designations. The signature of such officers may be engraved,printed or'iithographed. 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 i 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 executine 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 i binding upon the Company with respect to any bond or undertaking to which it is attached. I':XIZT\ESS WHEREOF.this Power of Anomey has been subscribed by an authorized officer or official of the Company and the corporate seal of National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company]has been affixed thereto in New York City.New York this 26"day of March.2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] B_v Walda Decreus,_ Assistant Secretary STtU.p !v ................P?OQ 9O�.'O ,tee E�I iay .......... % I i I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � State of California Count} of Contra Costa On April 11. '006 before me. Karen L. Keenan.-Notary Public. personally appeared Brian G. Olin & Erik S. Brown. personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the i same in their authorized capacities. and that by their signatures on the instrument the persons. or the entity upon behalf of which the persons acted. executed the instrument. WITNESS mv hand and official seal. jKAPEN L- KEENAN Com mia 1378827 Notary publicubfic - California si_naiure o>\otan P.t li: Contra Costa Cc-i^ty - My Comm.Expires 7.2006r i I I I i