HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-257 CONTRA COSTA Co Recorder Office
Recorded at the request of STM L, WGIR 7 Clerk-Recorder
Contra Costa County DOC— 2004@ 187668--00
Board of supervisors **dneuday, MAY 19, 2004 09:09:59
Return to: FRE $0.00
Engine Works Department Tt l Ad $0,N Nbr 0002140191
Engineering Services Divisi
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on May 18, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVED
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 257
SUBJECT: Accepting completion ofimprovements for Bellingham Square Park,PA 0002,cross-
reference Subdivision 7976 (Right-of-Way Landscaping), San Ramon (Dougherty
Valley)area. (District IH)
The Public Works Director has notified this Board that the parkimprovements for
Bellingham Square Park,PA 0002,cross-reference Subdivision 7976(Right-of-Way Landscaping)
have been completed as provided in the Subdivision(Right-of-Way Landscaping)Agreement with
Windemere BLC Land Company,L.L.C.,heretofore approved by this Board in conjunction with the
filing of the Subdivision Map.
JY:rm
G:\GrpL7ata\EngSvc\BO\2064\05-18-04\PA 0002 BO-45.doc
I hereby certify that this is a true and correct copy of an
{Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Rie(313-2353)
Recording to be completed by COB Supervisors on the date Shown.
I.D. 943291518
CC: Public Works -T,Bell,Construction Div. ATTESTED: MAY 18,_2004_
-M.Valdez,M&T Lab JOHN SWEETEN, Clerk of the Board of Supervisors and
-H.Finch,Maintenance Div.
-I.Bergeron,Mapping Div. County Administrator
CSAA_Cartog
City of San Ramon
Attn:Chris Lowe\
2222 Camino Ramon
San Ramon,CA 94583 By ,Deputy
Windemere BLC Land Company,L.L.C.
3130 Crow Canyon Place,#310
San Ramon,CA 94583
Attn:Brian Olin
St.Paul Fire and Marine Insurance
333 City Blvd.West#1100
Orange,CA 92868
RESOLUTION NO.2004/ 257
SUBJECT: Accepting completion of improvements for Bellingham Square Park,PA 0002,cross-
reference Subdivision 7976 (Right-of-Way Landscaping), San Ramon (Dougherty
Valley) area. (District III)
DATE: May 18, 2004
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
as of May 18,2004 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
June 18, 2002 St. Paul Fire and Marine Insurance Company
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$601,350.00,
Bond No. ST 1843 issued by the above surety be RETAINED for the six month lien guarantee
period until November 18,2004,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 Park improvements in Bellingham Square Park,the
hereinafter described park, as shown and dedicated for public use on the Final Map of Subdivision
7976 filed November 11,2001 as Lot 3 of Book 436 of Maps at Page 35,Official Records of Contra
Costa County,State of California,are ACCEPTED as complete. Upon acceptance by the Board of
Supervisors, the San Ramon City Council shall accept the park improvements for maintenance in
accordance with the Dougherty Valley Memorandum of Understanding.
PARD.NAME ASSESSOR PARCEL NUMBER AREA
Bellingham Square Park 223-100-003 4.06 Acres
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby
established, and the$12,027.00 cash deposit(Auditor's Deposit Permit No. 386578 ,dated May 16,
2002)made by Windemere BLC Land Company,L.L.C.and the performance/maintenance surety for
$178,600.00, Bond No. ST 1843 issued by St. Paul Fire and Marine Insureance Company be
RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release
by this Board.
RESOLUTION No. 2004/257
DECREASE RIDER
To be attached to and form part of Bond Number ST 1843 effective
May 82002 issued by the St. Paul Fire and Marine Insurance Company
in the amount of One MillionOne Hundred Ninety
Thousand Six Hundred Seventy Three and 00/100 -------- DOLLARS ($ 1,190,673.00 ),
on behalf of Windemere BLC Land Company, LLC
as Principal and in favor of County of Contra Costa ,
as Obligee.
Now therefore,it is agreed that:
We, St. Paul Fire and Marine Insurance Company ,
Surety on the above bond,hereby stipulate and agree that from and after the effective
date
FROM: One Million One Hundred Ninety Thousand Six Hundred ($ 1,180,673.00 }
TO: One Hundred Seventy Eight Thousand Six Hundred and ($ 178,600.00 }
It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged.
This rider is to be effective the 8th Day of March 2004
Signed, Sealed and Dated this 25th Day of March 2004
Principal:
WINDEMERR BLC LAND COMPANY, LLC SEE SIGNATURE BLOCK
a California limited liability company
By: LEN—OBS Windemere, LLC, a Delaware (Principal)
limited liability company, its
managing member
By: Lennar Homes.of California, Inc.
a California corporation, its
managing member St. Paul Fire and Marine Insurance Company
By
/j (Surety)
B )/-
David Evans,
Vice President Patricia H. Brebner Attorney-In-Fact
S-2127/GEEF 2198
_ _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On March 26, 2004 before me, Dina Prin#y, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and officiW seat comm n 14MIO
MyC0mm,UpwiN*:wv29,
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:
Corporate Officer i Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Decrease Rider for Surety Bond No. ST 1843
Number of Pages. One (1)
Date of Document: March 25-2004
Signers (other than those named above): Patricia H. Brebner
_.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On March 25► 2004 before me, Rhonda C.AbeL Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,*JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebuer
NAME(3)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(les), 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.
WITNESS my hand and official seal.
a, RHONDA C.ABEL ' L2 -O-LZ2
< 'OMM.# 1312777 Z r ,® n
4 NOTARY PUBLIC-CALI"rOP,NIAtt7 'SIGNATURE OF NOTARY
e�w. ORANGE COUNTY 0
COMM.EXP.AUG.4.20115
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
TITLES)
❑ PARTNER(S) LIMITED
GENERAL
�) ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIANiCONSERVATOR NUMBER OF PAGES
® OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSONS)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S 40671GEEF 2198 01998 NATIONAL NOTARY ASSOCIATION-6236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
lhe.%Paul POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Power of Attorney No. 2.2775 Certificate No.
1401518
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and 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,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and
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,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright,
Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan
of the City of Costa Mesa ,State .California their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments 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 permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October , 2001
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
41--�
StlRf�. ��N a 6i,{tkSGg iM3y,'x „ ..
t �1 S MFPCMA) i 1 �CAAYf:iP ��
PETER W.CARMAN,Vice President
9haS£rtJ.. b 6 '.
��rkw"� yxAN6E o x''IS.3A'r� Ys � � RIM
State of Maryland
City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary
On this 4th day of October 2001 before me,the undersigned officer,personally appeared Peter W. Carman and
Thomas E. Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.,and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they.as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
In Witness Whereof,I hereunto set my hand and official seal.
r USC
My Commission expires the Ist day of July,2006. S REBECCA EASLEY-ONOKALA,Notary Public
86203 Rev.7-2002 Printed in U.S.A.
POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian insurance Company Fidelity and Guaranty Insurance'Underwriters,Inc.
St.Paul Mercury Insurance Company
Power of Attorney No. 22775 Certificate No. 1401818
KNOW ALL MEN BY THESE PRESENTS;That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and 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,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland and
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,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mika Parizino,Lind Enright,
Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan
of the City of Costa Mesa ,State California their true and lawful Attorney{s}-in-Fact,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments 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 permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 'fit day of Octad ,2001
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
sew rQ aroe�i+ 4YyprgTt.�,
PETER W.CARMAN,Vice President
OFNPN Ltheatt 15�ArSt_ fp..�. +!
G
State of Maryland
City of Baltimore THOMAS E.HUIBRECITSE,Assistant Secretary
On this 4th day of October 2001 before me,the undersigned officer,personally appeared Peter W.Carman and
Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly authorized officers.
No
In Witness Whereof,l hereunto set my hand and official seal.
r�
My Commission expires the Ist day of July,2006, �y,_ ,Ip CREBECCA EASLEV-C>NC)KALA.Notary Public
iti
86203 Rev. 7-2002 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)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 President, or any 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 foregoing officers and
the seal of the Company may be axed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,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 validly attached;and
RESOLVED FURTHER,that Attorneys)-in-Fact shall have the power and authority,and, in any case,subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature theteof and any such instrument executed by such Attorneys)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and scaled and attested to by the Secretary of the Company.
1,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St, Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,
St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 25th day of March 2004
a xaWx�r`�'Sn e�tleN°....*"rrsG� MMyNI& ffftWftW%
c< w �rOF�NLc } '•.%M+°! ""'' Atltp Thomas E.Huibregtse,Assistant Secretary
7o verify the authenticity of this Power ofAnorney,call 1-800-421-3880 and ask for the Power ofAttorney clerk. Please refer to the Power of Attorney number,the
above-named individuals and the details of the band to which the power is attached
i