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Home My WebLink AboutRESOLUTIONS - 08152006 - 2006-509 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII - i CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder Contra Costa County i - DOC— 2006-0259830-00 Board of Supervisors Wednesday, AUG16, Return to: 2006 10:55:41 Public Works Department F Engineering Services Division i T•}RE $0.00 l Pd $0,00 Nbr-0003366058 i lre/R9/1-8 I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 15, 2006 by the following vote: AYES: Uilkema,Piepho, DeSaitlnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None - RESOLUTION NO. 2006/509 SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01151 (cross-reference Subdivision 03-08509), for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) 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 03-01151 (cross-reference Subdivision 03-08509), have been completed as provided in the Subdivision Agreement(Right of Way Landscaping)with Windemere BLC Land Company, LLC, heretofore approved by this Board; G:\EngSvc\60\2006\08-15\RA 03-1151 BO-45 DV.doc BB:vz Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works -A.Bell,Construction Die I I hereby certify that this is a true and correct copy of an -P.Tehaney,M&T Lab -1.Bergeron,Mapping Div. i action taken and entered on the minutes of the Board of -B.Balangan,Engineering Svc. - T.—June 15,2007 Supervisors on the date shown. Sheriff-Patrol Div.Corrnunder CHP,do At CSAR—Cartog Chris Low,City of San Ramon ATTESTED: -a/G 2222 Camino Barron,San Ramon,CA 94583 Windemere BLC land Company,LLCJOHN CULLEN, Cl c of the Board of Supervisors and 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 County Administrator Attn:Brian Olin National Farmers Union Standard Insurance Company do Quanta Indemnity Company One Financial Plaza,106 Floor Hartford,CT 06103 Attu:Patricia H.Brebner By ,Deputy i IF RESOLUTION NO.2006/ 5 _ t SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 03-01151 (cross-reference Subdivision 03-08509), for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: August 15, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of August 15, 2006 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement (Right of Way Landscaping): DATE OF AGREEMENT NAME OF SURETY June 13, 2006 National Farmers Union Standard Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for$493,650.00, Bond No. 4410197 issued by the above surety 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 the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the Right-of-Way Landscaping improvements on East Branch Parkway and Sherwood Way are ACCEPTED AS COMPLETE.Upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the landscape improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $9,870.00 cash deposit (Auditor's Deposit Permit No. 436206, dated December 16, 2004) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$146,614.50,Bond No. 4410197 issued by National Farmers Union Standard Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. i i ,I 4 I i t i i i i i i 1RESOL UTION NO. 2006 -- RIDER To be attached to and form part of: Bond Number 4410197 dated 12/3/2004 issued by the NATIONAL FARMERS UNION STANDARD INSURANCE COMPANY in the amount of $ 977,430.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of COUNTY OF CONTRA COSTA (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Bond amount shall be amended: FROM: $977,430.00 TO: $146,614.50 It is further understood and agreed that all other terms and conditions of this bond shall remain " unchanged. This Rider is to be Effective this 7th day of April, 2006. Signed, Sealed &Dated this 7th day of April, 2006. 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: 6- 04,, By: �'�i✓L�i��?�9 — L�; S. t9eu wn j[ NATIONAL FARMERS UNION STANDARD INSURANCE COMPANY (Surety) Rhonda C. Abel, Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On April 7, 2006 before me, J. Barragan , Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel 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(ies), and that by his/her/their J. BARRAGAN signature(s) on the instrument the person(s), or the entity upon m Comission# 1635125 behalf of which the person(s) acted, executed the instrument. 01My Notary Public-Cautomlaorange Coun Comm.Explre3 Jon 5,201 WITNESS my hanoapd 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 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(IES) I SIGNER(S) OTHER THAN NAMED ABOVE i I S-4067/GE 2/98 ®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park, CA 91309-7184 FRP j --NATIONAL FARMERS__UNION-STANDARD_INSURANCE COMPANY [in the process of being renamed Quanta Indemnity Company] New York City, New York 10020 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: that National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company], a Colorado corporation,(hereinafter the"Company"), does hereby constitute and appoint: i Rhonda C.Abel 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`of't[tidgraphed. 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 National Fanners Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] has been affixed thereto in New'York City,New York this 260i day of March, 2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] By Walda Decreus,Assistant Secretary � z s. 1968 i I i i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On April 11, 2006 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 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 my hand and official seal. KAREN L. # ENANA 13788 Commission 71 1378827 Notary Public - Callfomla - Sign lure of Notary 1 y lic Contra Costa County ✓ My Comm.Expires Oct 7,2006 i I I