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Home My WebLink AboutMINUTES - 02272007 - C.14 (2) CONTRA COSTA Co Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder Contra Costa County DOC— 200'7-0059940-00 Board of Supervisors Return to: Wednesday, FEB 28, 2007 09:33:05 Public Works Department FRE $0.00 Vngineering Services Division Ttl Pd $0,00 Nbr-0003614931 lrc/R9/1-10 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 27, 2007 by the following vote: AYES: Gioia,Uilkeina, Bonilla, Glover and Pieoho NOES: None ABSENT:. None ABSTAIN: None RESOLUTION NO. 2007/ 9/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 01-01124 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway and Bollinger Canyon Road. The Public Works Director has notified this Board that the Right-of-Way Landscaping improvements for Road Acceptance 01-01124 (cross-reference Subdivision 95-07976), have been completed as provided in the Subdivision Agreement(Right-of-Way Landscaping)with Windemere BLC Land Company, LLC, heretofore approved by this Board; TR:vz G:\EngSvc\BO\2007\02-27\BO-45 DV(Landscaping)RA 01-1124.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works P.Tehaney,M&T Lab I hereby certify that this is a true and correct copy of an 1.Bergeron,Mapping Div. action taken and entered on the minutes of the Board of L.Breen,Engineering Svc. T.—December 27,2007 Supervisors on the date shown. Sheriff-Patrol Div.Commander ' L CHP,coo ATTESTED: �' X14_ �` o2f0 CSAA—Cartog Chris Low,City of San Ramon JOHN CULLEN, Clerk of thYBoard of Supervisors and 2222 Camino Ramon,San Ramon,CA 94583 Windemere BLC Land Company,LLC County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 . Attn:Brian Olin St.Paul and Marine Insurance Company By , Deputy 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Attu:Rhonda C.Abel !� RESOLUTION NO.2007/ SUBJECT: Accepting completion of landscape improvements for Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 01-01124 (cross-reference Subdivision 95-07976), for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: February 27, 2007 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the landscape improvements have been COMPLETED as of February 27,2007 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 December 3, 2002 St. Paul Fire and Marine Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $414,550.00, Bond No. ST 2234 issued by the above surety be RETAINED for the six month lien guarantee period until August 27,2007,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 Watermill Road, Hancourt Way and Albion Road 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$8,291.00 cash deposit(Auditor's Deposit Permit No. 391754,dated August 21, 2002) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$123,100.00,Bond No. ST 2234 issued by St.Paul Fire and Marine 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. RESOL UTION NO. 20071 9/ RIDER To be attached to and form part of: Bond Number ST 2234 dated August 14, 2002 issued by the ST. PAUL FIRE AND MARINE INSURANCE COMPANY in the amount of $802,809.00 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: $820,809.00 TO: $123,100.00 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 19th day of December, 2006. Signed, Sealed & Dated this 19th day of December, 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: See GTI ch cJ S l�✓1�`�c«t [J c� By: ST. PAUL FIRE AND MARINE INSURANCE COMPANY_ (Surety) sy. Rhonda C. Abel, Attorney-in-Fact r s y. v r ,r „ r , Y t Bond No. ST 2234 Decrease Bond Rider RA 1124 *X-ref SUB 7976)Village Center Subdivision Agreement Right-of-Way Landscaping 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 Erik S. Brown,Asst. Secretary .. . . ,, .. f .: - , . :: . �: � T ,� . . : . . ,. �. i. .. ., .r a � ., .. _ - .. .. .. ,. �� .. '« ._ - y .. .. � .. 2. :�Q. -.' .. ;, .. .y .' .. - ., Y;+ ,. .� State of California ACKNOWLEDGEMENT County of Orange On December 19, 2006 before me, J.Barragan,Notary Public (here insert name and title of the officer) personally appeared Rhonda C.Abel 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 acknowledge 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. u sARItAGAN WITNESS my hand and offic' Commission# 1635125 Notary Public-California Orange County Signature. My Comm. Expires Jan 5,2010 (Seal) 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) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GE 1106 FRP 5 , . y " .�.., '1_1'. ' • '� r. ,y . „ - .*�.`, .. 'i. .� .Ie CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California County of ala } ss. Onoawrbee Z/, before me, �'" �G�/ ,Notary Public, personally appeared Qk;�tl u1 f1_1 k- 6PO"?,dK' IXpersonally known to me ❑ proved to me'on the basis of satisfactory evidence to be the person(s)whose name(s)Ts/are subscribed to the within instrument and acknowledged to me that kefslie/they _ executed the same in hisf%%their authorized RUTH ELLEN 81-� capacity(ies),and that by h4&4w/their Commission# 1670361 signature(s)on the instrument the person(s), Notary Public-California or the entity upon behalf of which the Contra Costa County 6Y Comm.ExplresMay26,201 person(s)acted,executed the instrument. WITNE S my hand and official sea]. 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 or thumb here ❑ Partner- Limited General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: .. � � •. _ � '��^�' f .1TiR�'..^�L1a'tw u...fTw x.iky M.».;�..� ,�,t3 f �'f �t WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL. POWER OF ATTORNEY TRAVELERS Farmington Casualty Company. St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 213962 Certificate No. 000255670 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint James A. Schaller,Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella-Myers, Rhonda C.Abel,Jane Kepner, Grace Reza, and Rosa E. Rivas s of the City of Irvine State of California their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pemntte&in anyacttons or.proceedings allowed by law. Y �'� ��;�� 20th ! IN WITNMS WHEREOF,the Comp have caused this instrument.to be signed and their+corporate seals to be hereto affixed,this day of t a ! < , 1 Farmington Casualty Company �� } St.Paul Guardian Insurance Company Fidelity and Guaranty+Insurance Company, } St.Paul Mercury Insurance Company Fidelity and Guaranty Insui nce Underw Yrs,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company p�su�� SWtEty JyF�FE a F UF'M•INy,G Pt'"NSu q` JpIYY ANpd �p�oaugr _,,YY t �SCOP Pryp�>f�m i W j PPON9 :c�'. u '➢� ,gy 4�9 8 z o 1sn 1 s2� NARIPoNG 5 K I E HARTFORD, < CCnn Sf...E...A..�L� I-',aCONN. oa SELL V�i..taratj �p State of Connecticut By: City of Hartford ss. 9/619e W ompson,Sen(j President 20th March 2006 On this the day of before me personally appeared George W.Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TIT AAI I, In Witness Whereof,I hereunto set my hand and official seal. W w" My Commission expires the 30th day of June.2006. pG * Marie C.Tetreault,Notary Public �s 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,.Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company,'St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.-Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America;and United States Fidelity and,Guaranty Company,which resolutions are now in full force and effect,reading as,follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice.President,any Vice President,any Second Vice- President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf, -of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the,; ,' Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any:, of said officers or the Board of Directors at any time may remove any such appointee and revoke the-power'given"him or her-,and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any'Senior Vice President•or.any Vice President may. delegate all or any part of the foregoing.authority to one or more officers or employees of this Company,provided thateach such delegation is in writing and a copy`, thereof is-filed in the.office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,'recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice.President,any Senior Vice President or any,Vice". President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with"the;,,°,: Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more,Attorneys-in-Fact and Agents pursuant to the power .' prescribed in his or her certificate or.their certificates of authority or by one or more,Company officers pursuant to a written delegation of authority; and it is> FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President;any Senior Vice 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 Resident Vice Presidents,Resident 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 on the.; Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc., Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,,St. Paul Guardian Insurance Company,'St. Paul Mercury Insurancef Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company�of Amneand United'States Fidelity and Guaranty Company do hereby- certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by,satdOCompanies,which is in full force and effect and has not been revoked. �{ / N ll. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of saidCompanies this 19th day of December ,20 06 , Kori M.'Johans Assistant Secretary { G�6U,�� /J. �F\PE 6 �1•N..�!!S�j Pt•INSUq � ,'�tY AN° -,ttY,t!-, �� "L �' a 7 Q�:' •,9' `,.: .yy s= Pg SG ��a��Y� �4� '-v/• .. � tr� 2 �l :m WrpO �•�, E t ; � br y9Jr1 w �r mss•SEAL io3 4. ° i CONN. n WNN. � A 1896 �� e�,a tt► '/�, # iso c° ��d:........!gt'/ �SSAL,as y � ! � OF NFN� ANCE lS.AN� - is.�...�P dt �� • � '�l ANO .. , To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact-us at www.stpaultravelersbond.com.Please'refer to the Attorney-In-Fact number; the above-named individuals and the details of the bond to which the power is attached. la WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER; 1/ 4/' 07 THU 15 :58 (925 462 3576 ) 5569512 # 2/ 6 PUBLIC WORKS DFPARTMENT CONTRA COSTA COUNTY Date: l TO: Tcri Ric—Engimring Services FROM- Landscape Inspector SUBJECT: Landscape/Park Inspection Status Report fbr.--rAka4 GOND RTDIICTrON Zmprovemcnts satisfactorily completed as of 1 f 4�04, GUARANTEE PERIOD: Private 100%(no guarantee) Public j END OF WARRANTY/MAI N2:FNANr.r Improvements performed satisfactory as of chis date, w All deficiencies corrected as of Remarks _ r 1.:1C�m1)ni�\r-��,c��l�i1�1��i�nnahunax�9pa�iRiC)tT shaoe.dttc CC.; E. flu,@nginnering Services I.. Leong, ,Gugincering Services P. Rulangan,Fugincofiag Service% C. Mohttmmcd,Engineering Seivkms inn MA B VVJ Tb'7T TV I nn7 SCA I'Tn `"� .';,•: •. '3; �,, - .. � - r. .. t ,. .,. ' .� .. .. ` .i. .. � 1. `. .. � ,t. � , _ .. � - 3 �. � ��i.� .. �. .�: - �Yv v. r � � .. �'. _ � • � �� t�t .T _ 4'q 2 .. i't .. � t . - Y .. _ � ,, F . ,. _ M1i�.