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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-390 CONTRA COSTA Co Recorder Office Recorded at the request of: STENN L, + Clerk4ecord Contra Costa County DOC— s 001 —0239131-00 Public WorksDepartment Nr1��1lstdit Engineering Services Division y, .TUN 29, 2W5 15;14:16 Return to: FRE $0,00' Public Works Department Tt l Pd tp �W R #3 8. Nbr- 77 9} Engineering Services Division 1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on June 28, 2005 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA NOES': NONE ABSENT. NONE ABSTAINS NONE Ii S fLUTIt1Y:NO. tltt5l 39(? IiMM�11�1� I - — I- Uiri�Y11I�F1 IArYIrI�Y 1�,llrl�l,l11�il�Prrlu in IrYYMLRI+1�WwYwiF4YYY11 SUBJECT: Accept`Completion-of Improvements and Road Improvement Agreement for Windemere Parkway Culvert#4,RA 02-01129(cross-reference Subdivision 7970,San Ramon(Dougherty Valley)area. (District III) The Public Works Director having notified this Board that the improvements for RA 00-01129 (cross- reference Subdivision 7976) have been completed as provided in the Road Improvement Agreement with LWindemere BLC Land Company,L.L.C.heretofore approved by this Board; DATE OF AGREEMENT SURETY September 10 '2002 St. Paul Fire and Marine Insurance Company G:iGMData\EngSvc\BO\2005106-281IiA 02-01129 BO-42.doc TR:cim:sr Originator: Public Works(ES) Contact: Teri Rie(313-2363) I hereby certify that this is a true and correct Copy of an Recording to be completed by COB W. Public Works -Accounting action taken and entered on the minutes of the Board of -''T.Bell,Construction Supervisors on the date shown. -T December 28,2005 City of San Ramon,Attn:C.Low and J.White Windemere BLC Land ConVany,L.L.C. Atm;Brian Olin 6121 Bollinger Canyon Road,Suite#500 ATTESTED: JUNE 28, 2005 San Raman,CA 94583 St.Paul Fire and Marine Insurance Company JOHN SWEETEN, Clerk of the Board of Supervisors Attn:Patricia H.Brebner and County Administrator 333 City Blvd.,West#1100 Orange,CA 92868 Chris Low,City of San Ramon By ,Deputy RESOLUTION NO.2005/ 390 SUBJECT; Accept Completion of Improvements and Road Improvement Agreement for RA 02-01129 (cross- reference Subdivision 7975), San Ramon(Dougherty Valley) area. (District III) BATE: June 28, 2005- PAGE: 2 NOW THEREFOREBE IT RESOLVED that the improvements'have been COMPLETED as of June 28, 2005 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: BE IT FURTHER RESOLVED the payment(labor and materials)surety for$364,500.00,Bond No.SV9446 issued by St.Paul Fire&Marine insurance Company be RETAINED for the six month lien guarantee period until December 7,2005, 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 Windernere Parkway Culvert Number 4 is ACCEPTED as COMPLETE. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $7,300.00 cash deposit(Auditor's Deposit PermitNo.391077 dated'August 7,2002)made by W'indemere BLC Land Company,L.L.C.and the performance/maintenance surety for$108,200.00,Bond Rider No.SV9446 issued by St. Paul Fire&Marine Insurance Company be RETAINED pursuant to the requirements of Section 94-4.405 of the Ordinance Code until released by this Board. Windermere BLC Land Company, L.L.C. will maintain Culvert Number 4 during the maintenance and warranty period. RESOLUTION NO. 2005/390 DLCREASE RIDER To be attached to and form part of Bond Number SV9446 effective July 26 2002 issued by the St. "and Marine Insurance Com y in the amount of Seven Hundred Twenly Cine Thousand Seven Hundred and 00/1010 - ------ - - - - - -- - - -- - -- - -- DOLLARS: (S 721,700.00 ), on behalf of Windernere BLC Land Company, LLC , as Principal and in favor of County of Contra Costa , as Obligee. Now therefore, it is agreed that: We, St. Paul Fire and Marine Insurance Corngany , Surety on the above bond,hereby stipulate and agree that from and after the effective date The Performance portion of the bond is reduced: FROM: Seven Hundred Twenty One Thousand Seven Hundred'and($ 721,700.00 ) TO: One Hundred Eight Thousand Two Hundred and 00/100----- ($ 108,200.00 } 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 14th Day of April , 2005 Signed, Sealed and Dated this 15th Day of April , 2005 St. Paul Fire and Marine Insurance Company !' (Surety) B r Patricia H. Brebner Attorney-In-Fact S-21271GEEF 2198 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of 2 an e On April 15, 2005 before me, Angela Petropoulos,Notary Public DATE NAME,TITLE OF OFFICER-E.G.;"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner' NAMES)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 HNIsEIA PE`fROPOULOS _ CommkWn#1538595 ..,� Notary Pubbe-Callfornto Orange County WITNESS my hand and: Ici -s' I, My Comm..bpku floc 25,2008 SIG RE I 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 Tm_E(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-40871GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•6238 Remmet Ave.,P.O.Box 7184'•Canoga Pa*,CA 91309-7184 7heStNUroWER OF ATTORNEY Seaboard Surety Company POWER States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St."Paul Guardian Insurance Company Fidelitv and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power ofAttorney No. 22775 Certificate No. 1401792 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 therein collectiveli,called the "Compaines"), and that the Companies do hereby make, constitute and appoint James A Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike P'arizino,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 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 bylaw. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this "fit 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 lE t' - .,:.Yt te4 fA4AATj�� dK9(iR9YpiP N'� �"*`•``�.. PETER w CARMAN,Viet President i+'F7$'�t FAN JS.}U't AMt —/ —/� � („�,N•1/ 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 nares of the corporations_by themselves as duly authorized officers. w (! In Witness Whereof,I hereunto set my hand and official seal. p�rARY v U'@LtC My Commission expires the Ist day of July,2006, '' , REBECCA EASLEY-ONOKALA,Notary Public 86203 Rev. 7-2002 Printed in U.S.A.