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Home My WebLink AboutRESOLUTIONS - 12052006 - 2006-754 I i I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY. CALIFORNIA Adopted this Resolution on December 5, 2006 by the following rote: I YES: Uilkema.Piepho.Gloxer and Gioia i NOES: -None VACANT: DISTRICT R-SUPERVISOR DES ULNIER -1BSTAJN: None RESOLUTION NO. 2006.1 35,E SUBJECT: Approving the Second Extension of the Subdivision Agreement (Right-of-Way � Landscaping)for Park Acceptance 02-0000 ("cross-reference Subdivision 00-08-50 ►, for project being developed by'%Vindemere BLC Land Company. LLC, San Ramon (-Doughert•Valle}-) area. (District III) i The Public Works Director ha-,-ing recommended that he be authorized to execute the second i agreement extension which extends the Subdivision Aa-reement (Right-of-Way Landscaping) ; bet«een Windemere BLC Land Company,. LLC and the Count- for construction of certain improvements in Park Acceptance 02-00005 (cross-reference Subdivision 00-OS>0-). in the San Ramon (Dougherty Valle-) area. through December 9. 2_005; I I o APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99° o ANTICIPATED DATE OF COMPLETION: January 200- o REASON FOR EXTENSION: Complete punch list items on w arrant-final walk. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. L3 -_ 30---'-I --&r-•-:l'.j I herebx-Certifv that this is a t`ue and correct coot/of an action taken � Originamr: .. -.> ES and entered on the ml u:es of the Board of Super-,-_so:_ on she da-.e Cmracr. chO.l71. cc: c __ ATTESTED: :!/�G2iY��ti C�-crt .Ce:rrr.:g r-e_: _ .__ t JOHN C�LLEN, Clerk of the Board of Supervisors and Court z,z z BLC`:a Cjrip=::LLC Administrator S]_[3_:::cger C-z-:c.-.R^gid Sz.Raton.CA 94=81 -.1m.3=a 0:::: i Bx- .DZpi!t' RESOLUTION NO.2006; I CONTRA COSTA COUNTY � SCBDIVISiON AGREEMENT (RIGHT-OF-WAY LANDSCAPING) EXTENSION I De%elopment Number: Pa 02-00005 (cross-reference SD 00-0850',) � Developer: Windemere BLC Land Company-. LLC Original Agreement Date: December 9, 2003 Second Extension New Termination Date: December 9. 2008 Improvement Security- Surety: The Continental Insurance Company Bond No. (Date): 92928558.3 (September 24. 2003) Security Tvt)e Security Amount i Cash: S 13.600.00 (1% cash. 51.000 NIin.) Bond Rider: S -201.675.00 (Performance) S 679.050.00 (Labor 8- Material) T e Dec-eloper and tle Sur.nv desire this Agreement to he extended through the above date:and Contra Costa Cot.n-v a.d said Surety he-eby agree t ere, and ackno�cledRz sat:e. Dated: 1 �� nG Dated: October 23, 2006 [ indemere BLC Land Company, LLC FOR CONTRA COSTA COUN De e'opzr's Signature(s) i Maurice Nl. Shiu. Public `1' rks ct ..� see attached signature block Bv: �/ ,��Jr-L v . �'`� Printed _ — J Dzsz':op:r's Signature(s) RECOMNIE\DED FOR APPR AL: Bv: /� � Primed (Enginzzri> c7/ "aion) Address The Continental Insurance Company (A-OTE: Developer's, Surety's and Financial Surety or Financial Ins. tu:ion Institution's Signatures must be Notarized.) 205 Lucien :,yap, 5th Floor Maitland, FL 327/51 FM Address After Approval Return to Clerk of the Board ttotn= ac's Sr^_nature Jeri Apodaca Printed i i I Bond No. 929285584 PA 03-00005(cross-reference SD 00-08507) X%I\DE>IERE BLC LAND COMPANY.LLC.. a Califomia L'--:ir.d:ijbi:irx eo_xrim Bv: LEN-OBS R-INDEMERE. LLC.. a Delaxlare limited liability compan}. its NIana_inQ Member Bv: LE--\A--AR HOMES OF CALIFORNIA. IAC.. a California Corporation. its Man a_inu Member I i B.: I Brian G. Olin_. `ice-President B}: Erik S. Brown. Asst. Secretary I I I i I I I I I I I i i I I CALIFORNIA ALL-PURPOSE ACKtiOWLEGEI►IE\T I State of California / I County of - I I On �trpf� ��, zzv before me. eGC!w�� B��'r -Notary Public. I personally appeared 91-4n 6. Gly &Li/ �r�� f ✓ ��` �kpersonallv known to me proved to me on the basis of satisfactorn evidence to be the person(s) chose name(s)irare I subscribed to the within instrument and i acknowledged to me that he-she thea executed the same in 46 hertheir authorized capacit%Ges).and that by his4tertheir sianature(s)on the instrument the person(s). C 1670361 or the entity upon behalf of which the g PdoN f -C 01orna persons)acted.executed the instrument. St Contra Costo County MVCamm.W*WMW26,201CV WIT\ S my han and official seal. I OPTIONAL j Thou_h the tnfartnanon belay.is not required by lay.:it may prove valuable to pe.ons reh_ing on the document and--ou:d pxvent I fraudulent rernGtaf and reattachment of this form to another document - I Description of Attached Document Title or Type of Document: I Document Date: Number of Paees: — I Signer(s)Other Than Named Above: I I i i Capacitv(ies)Claimed by Signer I Si_ener's'Name: i I Individual Corporate Officer-Titieis): Partner- Limited General aro—ex-in-Fact Trustee Guardian or Con�ertator Other I Signer c Representing I I I I ACKNOWLEDGEMENT State of California County of Orange On October 23 2006 before me. Rosa Estela Rias. Notarn Public (here insert name and title of the officer) personally appeared Jeri Apodaca i personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose I 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/hertheir 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. ROSA ES':ELA RIIJAS C6MR,r1.1: 144?601 � Via; �T:;�v o'.;�_.�:, - e��•. Signature £`✓ 3 N�� r; r'.\GE COUNTY n Rosa Estzla Rix-as ji via r .„ T r (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 i TITLE OR TYPE OF DOCUMENT ITLE+S: ] PARTNER(S) LIMITED i GENERAL g ATTORNEY-IN-FACT TRUSTEE(S) L GUARDIAN/CONSERVATOR NUMBER OF PAGES r— OTHER: I i SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON'S._OR ENTITYdE& SIGNER(S) OTHER THAN NAMED ABOVE S-4--57; GE 1_5 =tc i POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT ! Know all lien By These Presents,That The Continental Insurance Company.a Pennsylvania corporation,is a duly organized and existing corporation having its principal office in the City of Chicago,and State of Illinois,and that it does by virtue of the signature and seal herein affixed hereby make.constitute and appoint Linda Enright,Mike Parizino,Rhonda Carlyn Abel,James A.Schaller,Jeri Apodaca,Jane Kepner.,Individually I of Irvine.CA,its true and lawful Attornev(s)-in-Fact with foil power and authority hereby conferred to sign,seal and execute for and on its behalf bonds. undertakings and other obligatory instruments of similar nature ` -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. i This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted.as indicated.by the Board of Directors of the corporation. In Witness Whereof.The Continental Insurance Company has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1 st day of October,2006. •� }jjgv..•• The Continental Insurance Company n: 'ss .ro o• t� l Thomas P. Stillman Senior Vice President I State of Illinois.Count of Cook.ss: i On this I st day of October.2006.before me personally came Thomas P.Stillman to me known.who.being by me duly swum.did depose and say: I that he resides in the Cit of Chicago.State of Illinois:that he is a Senior Vice President of The Continental Insurance Company.a Pennsylvania I corporation.described in and which executed the above instrument:that he knows the seal of said corporation:that the seal affixed to the said instrument is such corporate seal:that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority.and acknowledges same to be the act and deed of said corporation. M-10AL SEAL- K MEOW = 7{•Lrypuw.NOW of 1b10e ♦r1.V r.0OOf0Y011 EmbM 7116me My Commission Expires March 15.2009 Maria M. Medina - Notary Public j CERTIFICATE I.Mar A.Ribikawskis.Assistant Secretary of The Continental Insurance Company.a Pennsylvania corporation,do hereby certih that the Power of Attorney herein above set forth is still in force.and further certify that the By Law and Resolution of the Board of Directors of the corporation printed on the reverse hereof is still in force. In testimon% whereof I have hereunto subscribed my name and affixed the seal of the said corporation this i 23rd day of October 2006 I u4s• The Continental Insurance Company OZ 8 Mary A.R�ikajokis Assistant Secretary Form F6850-11:2001 I I - I Authorizing By-Laws and Resolutions I ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the company. I "_article VI-Execution of Documents Section 3. Appointment of Attorney-in-Fact- The Chairman of the Board of Directors.the President or any Executive or Senior Vice President may.from time to time.appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance.bonds.undertakings and other obligatory instruments of like nature. Such attomeys-in-fact.subiect to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company.thereto. The Chairman of the Board of Director,the President or any Executive or Senior Vice President or the Board of Director.may,at any time.revoke all power and authority previously given to any attorney-in-fact. This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13"day of January. 1989: i RESOLVED.that the signatures of such officer and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attomev or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bend,undertaking or contract of suretyship to which it is attached." I i I I I I J