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Home My WebLink AboutMINUTES - 12202005 - C.14 (2) I� ^' (III III III I III II IIII II II I VIII I IIII I IIII I II III III CONTRA COSTA Co Recorder Office Recorded at the request of. STEPHEN L, WEIR Clerk-Recorderl� 21-00 Contra Costa County DOC 2005 0G Board of Supervisors Wednesday, DEC 28, 2005 11:17:14 Return to: FRE $0.00 Public Works DepartmentTtl Pd $0,00 Nbr-0003059811 Engineering Services Division 1 r C/RS/1—8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 20, 2005, by the following vote: AYES: Gioia, Piepho,DeSaidnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ 'qtL SUBJECT: Accepting completion of improvements, Subdivision 04-08778, San Ramon (Dougherty Valley) area. (District 111) These improvements are approximately located near Sherwood Way. The Public Works Director has notified this Board that the improvements in Subdivision 04- 08778 have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. BB:rm G:\GrpData\EngSvc\BO\2005\12-20\SD 04-08778 B045 DV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Rie(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 ,2006 Engineering -T.—Octoberer 2Q0,20JOHN SWEETEN,(Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander County Administrator CHP,c/o AT CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC y Deputy 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Brian Olin National Farmers Union Standard Insurance Company One Financial Plaza,10'Floor Hartford,CT 06103 Attn:Jeri Apodaca RESOLUTION NO.2005/ g6 e3 1 SUBJECT: Accepting completion of improvements, Subdivision 04-08778, 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 14, 2004 National Fire Union Standard Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$1,047,00.00, Bond No. 4410157 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 Sherwood Court,Jamie Court,Mandy Way,Sherwood Way, Stonehenge Way, and Jamie Place for the hereinafter described public roads, as shown and dedicated for public use on the Final Map of Subdivision 04-08778 filed December 20, 2004, in Book 472 of final maps at Page 48 and Page 56, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths (Miles) Sherwood Court 36'curb/48'RW 0.06 Jamie Court 36' curb/48'RW 0.03 Mandy Way 36' curb/56'RW 0.18 Sherwood Way 36' curb/56'RW 0.14 Stonehenge Way 36' curb/56'RW 0.16 Jamie Place 36' curb/56' RW 0.13 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 $20,940.00 cash deposit (Auditor's Deposit Permit No. 434613, dated November 16,2004)made by Windemere BLC Company,LLC,and the performance/maintenance surety bond rider for$310,959.00,Bond No.4410157 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. RIDER To be attached to and form part of: Bond Number 4410157 Dated 10/27/04 issued by the National Farmers Union Standard Insurance Company in the amount of $2,073,050.00 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: $2.073.060.00 TO: $310.959.00 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 14th day of September, 2005. Signed, Sealed & Dated this 14th day of September, 2005. I WINDEMERE BLC LAND COMPANY, LLC., a California limited liability company By: LEN-OBS WINDEMERE, LLIC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California Corporation, its Managing Me er By: 1k - �u V 4 ��I Greg Pomi, Vice President By: l L , Dee Baker, Assistant Secretary National Farmers Union Standard Insurance Compares (Surety) Jen Apo , Atto ey-m-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 16, 2005 before me, Dina Print y, 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. )INA PRINT( Commission# 1453610 Noiory Public-California Orange County ryty Comrn.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. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 4410157 Number of Pages: One (1) Date of Document: Septembe� 14, 2005 Signers (other than those naris d above):Jeri Apodaca CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On September 14 2005 before me, G.L.Reza,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jeri Apodaca NAME(S)OF SIGNER(S) ® personally known to me -OR- ❑I 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. COMML#1395003 Ivu1NRY PUBLIGCALIFORNIA G WITN S y han and official seal. ORANGE COUNTY I ro My Comni,Exp. Jan. 21, 2007 I[ 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 If this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) H LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: I SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 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: 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 attomeys-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 land 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 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`h day of March, 2004. National Farmers Union Standard Insurance Company [in the process of being renamed Quanta Indemnity Company] .f By Walda Decreus,Assistant Secretary ST 1V4D4 Jam:...POR.,:p dt 1968 4'. :'M 'c�GONPDO o`' STATE OF NEW YORK) ss COUNTY OF NEW YORK) On this 26`h 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 National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company];`that she knows the seal of said corporation; and that she executed the above Power of Attorney and affixed the corporate seal of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity Company] thereto with the authority and at the direction of said corporation. Carol E. Cincola Notary Public-State of New York No.01014759623 Notary Public Qualified in Westchester County My Commission Expires June 30,2006 CERTIFICATE I, the undersigned, Secretary of National Fanners Union Standard Insurance Company[in the process of being renamed Quanta Indemnity 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. 14th September IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this day of 2005 By Martha G.$ nnerman,Secretary TAN J� PPOR4 hyo nOtORPa�3aon