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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-369 CONTRA COSTA Co Recorder Office STEPHEN L, UEIR, Clea-Reorder �y Recorded at the request of: QCT`.— 2004-0275135*-00 Contra Costa County Monday, JUL 19, 2004 10:06:53 Board of Supervisors FRE $0;00 Return to: Public Works Department !t l Pd $O,N Nr-082243613 Engineering Services Division Ire/RS/1-5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 13, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENbERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/369 SUBJECT: Accepting completion of improvements for East Branch Park,PA 02-00001,cross- reference Subdivision 7976 (Right-of-Way Landscaping), San Ramon(Dougherty Valley) area. (District 111) The Public Works Director has notified this Board that the park improvements for East Branch Park, PA 02-00001, 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. av:nn G:\CrrpData\EngSva\BQ\2004\07-13-04\PA 0001 H045.dnc 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 Ric(313-2363) Recording to be completed by COB Supervisors on the date shown. I.D. 143291516 cc: Public works -T.Bell,Construction Div. ATTESTED: .JLLy .3. 2004 -M.Valdez,MbrTLab City of San Ramon JOHN SWEETEN, Clerk of the Board of Supervisors and Attn:Chris Low County Administrator 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,L.L.C. 3130 Crow Canyon Place,#310 San Ramon,CA 94583 By , Deputy Attn:Brian Olin St.Paul Fire and Marine Insurance 333 City Blvd.West#1100 Orange,CA 92868 RESOLUTION NO.2004/ 369 SUBJECT: Accepting completion of improvements for East Branch Park,PA 02-00001,cross- reference Subdivision 7976 (Right-of-Way Landscaping), San Ramon (Dougherty Valley) area. (District III) DATE: July 13, 2004 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of July 13,2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: BATE OF AGREEMENT NAME OF SURETY October 1, 2002 St. Paul Fire and Marine Insurance Company BE IT FURTHER.RESOLVED the payment(labor and materials) surety for$695,150.00, Bond No. ST 2225 issued by the above surety be RETAINED for the six month lien guarantee period until January 13,2005,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 East Branch Park, the hereinafter described park,as shown and dedicated for public use on the Final Map of Subdivision 8620 filed October 25, 2002 as Lot 8 of Book 448 of Maps at Page 19,OfficialRecords 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. PARK NAME ASSESSOR PARCEL NUMBER AREA East Branch Park 223-100-032 5.066 Acres BE IT FURTHER RESOLVED that the beginning ofthe one-year warranty period is hereby established., and the$13,903.00 cash deposit(Auditor's Deposit Permit No. 391754, dated August 21,2002)made by Windemere BLC Land Company,L.L.C.and the performance/maintenance surety bond rider for $206,460.00, Bond No. ST 2225 issued by St. Paul Fire and 'Marine Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2004/369 To be attaCW to and form pact of Borid Number ST 2226 of`fective AWt,14 iasueci by the �I did 1 r it i f � i !� in the amount of&It Mil W rea- rrdred Se rrty Slx Thousand Three Hundred Niru Seven and 00/100-------DOLLARS ($ 1,376,397.00 ), on behalf of ffhdemer9 BLC land Company,LLC , as Principal wW in favor of County of Contra Costs , as Obligee, Now therefore,it is agreed that: We, St. Paul Fire end Marine Insuurancen , Su ty o—n thea ave n hereby stipulate and agree t and a er e o vc � FROM: One Million Three Hundred Seventy Six Thousand Three 1,376,397.00 } Hundred Ninety Sovesn and. ars/100 TO: Two Hundred ft Thousand Four Hundred Sbdy and 00/100-- 206,460.00 ) It is further understood and agreed that all other tmrms and renditions of this bond shalt remain wohangad. This rider is to be effective the 3rd Day of Jure 2004 i Signed,Sealed W Dated this 11th Day of 49ne , 2004 St. Paul Fire and Marine Insurance Cornan (SS) .S Petrie H. Brebner Attorney-In-l~act CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.$907 State of California County of Orange On June 11, 2004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E,G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SMER(S) personally knower 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/sheAhey executed the sante 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 K.WARD behalf of which the person(s) acted, executed the instrument. Ccrrmnksion#1483685 N��i -c�.i mic COU* MVCc nm.Domes 16,20% WITNESS my hand and official seal. St ATURE 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 TITLES} F-1 PARTNER(S) LIMITED Q GENERAL ATTORNEY-IN-FACT C� TRUSTEE(S) (� GUARDIAN/CONSERVATOR NUMBER OF PAGES F-1 OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN(NAMED ABOVE S-40671GEEF 2196 014393 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Perk,CA 91309-7184 �he', r 'Rab ti 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. 1401671 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laves 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,lAncla 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 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 v�Ty y,AI64 �AM..iNB �,xiyq� ,y�ttY� * ~ ~4 a°ir°i.,its Ih7.�.RAr�4n 197 �� PETER W CARMAN,Vice Nresideni SEHt�Ip" ft° 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,EA cr`� �Y ► In Witness Whereof,l hereunto set my hand and official seal. No � My Commission expires the Ist day of July,2006. r REBECCA EASLEY-0NOKALA,Notary Public H�G'tY 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 Hoards 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, 1995,which resolutions are now in full force and effect,reacting 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 Attorneys)-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 sea]of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-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 Attorney(s)-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 thereof,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 sealed and attested to by the Secretary of the Company. I,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 11th day of .tulle 2004 5}FARFvkR?.I4 y7��tY4N�'9 n � f y".�aV+S�" Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power ofAaorney,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 bond to which the power is attached I 9 i ] 1 t E4{ f ..............................._.___. . ........................................................................................................................................................................................................................................................................................................................