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HomeMy WebLinkAboutMINUTES - 12202005 - C.13 (2) - IlllllllllllllIIIllllllllllllllllllllllllllllll CONTRARecorded at the request of: T R EIRecorder Office II DOC—L200C1erk-Retarder Contra Costa County _0 A 96202L_00 Board of Supervisors Wednesday, DEC 28, 2 Return to: FRE $0.00 2005 11:17:17 Public Works Department Ttl Pd Engineering Services Division $0.00 Nbr-0003059818 Ire/R9/1_7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 20, 2005, by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: Accepting completion of improvements, Subdivision 04-08776, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near East Branch Parkway. The Public Works Director has notified this Board that the improvements in Subdivision 04- 08776 have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company,LLC,heretofore approved by this Board .n conjunction with the filing of the Subdivision Map. BB:rm G:\GrpData\EngSvc\BO\2005\12-20\SD 04-08776 BO-45 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB I.D.94-3291516 Supervisors on the date shown. cc: Public Works -T.Bell,Construction Div. -M.Valdez,M&T Lab -1.Bergeron,Mapping Div. ATTESTED: -B.Balang Engineering Svc. -T.–Octoberer 20,2006 JOHN SWEETEN, Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al ` CSAA–Cartog \` Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC By Deputy 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin The Continental Insurance Company P.O.Box 946640 Maitland,PL 32794-6640 Attn:Rhonda C.Abel RESOLUTION NO.20051 ��y SUBJECT: Accepting completion of improvements, Subdivision 04-08776, San Ramon (Dougherty Valley) area. (District III) DATE: December 20, 2005 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 20,2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY December 7, 2004 The Continental Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,285,000.00, Bond No. 929341272 issued by the,above surety be RETAINED for the six month lien guarantee period until June 20, 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 Rodriguez Court, Chancery Way, York Lane, Stonehenge Way, Mandy Way, Sherwood Way, and Hastings Way for the hereinafter described public roads,as shown and dedicated for public use on the Final Map of Subdivision 04-08776 filed December 16, 2004, in Book 472 of final maps at Page 31 and Page 39, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-RAV Widths Lengths (Miles) Rodriguez Court 36' curb/48'RW 0.07 Chancery Way 36' curb/56'RW 0.05 York Lane 36' curb/56'RW 0.23 Stonehenge Way 36' curb/56' RW 0.14 Mandy Way 36' curb/56'RW 0.01 Sherwood Way 36' curb/56'RW 0.01 Hastings Way 36' curb/56'RW 0.26 Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Company,LLC,shall retain the subdivision improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $25,700.00 cash deposit (Auditor's Deposit Permit No. 431272, dated September 15, 2004) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$381,650.00,Bond No. 929341272 issued by The Continental 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. RIDER To be attached to and form part of: Bond Number 929 341 272 Dated 9/7/2004 issued by the The Continental Insurance Company in the amount of $2,544,300.00 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: $2,544,300.00 TO: $381,650.00 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 12th day of September, 2005. Signed, Sealed & Dated this 12th d of September, 2005. WINDEMERE BLC LAND COMPANY, LLC., a California limited liability company By: LEN-OBS WINDEMERE, LIC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California Corporation its Managing Member By. I 'I Greg Pomi, vice President By: UnC YII�'. _` Dee Baker, Assistant Secretary The Continental Insurance Company (Surety) By Rhonda C. Abel, Attorney-in!Fact r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 16, 2005 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and Dee Baker, 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 capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument Witness my hand and official seal. DINAPRINIY / Commission#1453610 7 F,. 1 Notary Public-California No > z-,-� =��",y,d,�'r,�"� orange county `� �' My.,omm.Expires Nov 28,2007 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 SIGNER IS REPRESENTING: Greg Pomi —Vice President Lennar Homes of California. Inc. Dee Baker- Assistant. Secretary Lennar Homes of California, Inc. I DESC IIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 929341272 Number of Pages: One (1) Date of Document: Septemb r 12, 2005 Signers (other than those named above):Rhonda C. Abel CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On September 12 2005 before me, G.L.Reza 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 11 -- G. L. REZA o a a COMM. #1395003 �® o NOTARY PUBLIC-CALIFORNIA 3 +7 WITN S my ,and an official seal. 9 ORANGE COUNTY 4 n ""_My Comm.Exp. Jan. 21, 2007 SIG RE OF NOTARY G.L.Reza 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) F-1PARTNER(S) H 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) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a New Hampshire corporation, and Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation(herein called"the CIC Companies"),are duly organized and existing corporations having their.principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Mike Parizino, Linda Enright, Rhonda C.Abel,James A.Schaller,Jane Kepner, Nanette Mariella-Myers,Patricia H. Brebner,Alexis H. Bryan, Leigh McDonough, Individually I I I I • I I of I Irvine, California their true and lawful Attorney(s)-in-Fact with full powe'r and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature --In Unlimited Amounts-- l I and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof,duly adopted,as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have q I aused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 2nd day of April,2002. •-.CPL•1 Ns'LR.•• E�..... The Continental Insurance Company •,on a=_; ;" Firemen's Insurance Company of Newark,New Jersey ki Michael Gengler / Group Vice President State of Illinois,County of Cook,ss: On this 2nd day of April,2002, before mepersonally came Michael Gengler to me known,who, being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of The Continental Insurance Company,a New Hampshire corporation, and Firemen's Insurance Company of Newark, New Jersey,a New Jersey corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "OFFICIAL SEArl DIANE FAULKNER Notary Public,State of Illinois �j + My Commission Expires 9/17/05 My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation, and Firemen's Insurance Company of Newark, New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 12th day of September 12005 . _ PLI VgG S9• "�..... Q • The Continental Insurance Company nv-n R, ice. •.r -- . .Firemen's Insurance Company of Newark, New Jersey '•.rya „aj,`.• '43y ...iiS��� .€ Mary A. Ribikawskis Assistant Secretary (Rev. 10/11/01)