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Home My WebLink AboutRESOLUTIONS - 12052006 - 2006-756 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 5, 2006 by the following vote: AYES: Uilkema,Piepho,Glover and Gioia NOES: None VACANT: DISTRICT IV SUPERVISOR DESAULNIER ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Road Improvement Agreement for Road Acceptance 03-01147 (cross-reference Subdivision 00-08507), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Improvement Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in Road Acceptance 03-01147 (cross-reference Subdivision 00-08507), in the San Ramon (Dougherty Valley) area, through December 9, 2008; 6 ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: December 2007 ♦ REASON FOR EXTENSION: Signage and striping not complete IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LB:vz I hereby certify that this is a true and correct copy of an action taken G:\EngSvc\BO\2006\12-05\BO-Il RA 03-01147.doc and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) Shown' Contact: T.Ric(313-2363) Bond NoMare:104125139(October 6,2003) ATTESTED: i cc: Public Works-Construction JOHN CULLEN, Clerk of the Board of Supervisors and County Current Planning,Community Development T—November 11,2007 Administrator Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road„Suite 500 San Ramon,CA 94583 Atm:Brian Olin By -- , Deputy Travelers Casualty and Surety Company,LLC 9325 Sky Park Court,Suite 220 San Diego,CA 92123 Atm:Rosa E.Rivas u RESOLUTION NO.2006/ r CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: RA 03-01147(cross-reference SD 00-08507) Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 9,2003 Second Extension New Termination Date: December 9,2008 Improvement Security Surety: Travelers Casualty and Surety Company LLC Bond No. (Date): 104125139 (October 6,2003) Security Tvpe Security Amount Cash: $3,840.00 (1% cash, $1,000 Min.) Bond: $380,160.00 (Performance) $ 192,000.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree the eto d acknowledge same. Dated: 11 1 a K14 Dated: October 25, 2006 See Attached Signature Block FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M. Shiu, Public Works Dir r v By: CA� tip"" Printed Developer's Signature(s) RECOMMENDED FOR APPRO L: By: Printed (Enginee n S rvic s 5iVision) Address Travelers Casualty and Surety Company. LLC (NOTE: Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures tit ustbeNotarized) 9325 Sky Park Court, Suite 220 San Diego, CA 92123 FM4 APPROV EV:Vicw 1.Wcsmuo•C..IYC..d Address After Approval ReturntoClerk ofthe Board Attorney in Facts Signature Rosa E. Rivas Printed Bond No. 104125139 RA 03-01147 (X-ref SD 00-08507) Road Improvement Agreement Extension 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: !1 Brian G. Olin,Vice-President By. Aw Erik S. Brown,Asst. Secretary I CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT State of California l County of l k-m On IVOVwG[,t' ( }lob before me, Notary Public, personally appeared Blia rI 6.OU, a4t-4 �t'i (L S• �r0i � 'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)+s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi&41wrAheir authorized capacity(ies),and that by his+er/their RUIN ELLEN BISHOP signature(s)on the instrument the person(s), Commisslon 0 I670MI or the entity upon behalf of which the ypt«y Pueallc..CalNomlaS person(s)acted,executed the instrument. Contra Coate County — MyComm.EagsIreelikay26,201 W1TN S y h nd and official seal. 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 forth 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 oethumb nere ❑ Partner- Limited General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: State of California ACKNOWLEDGEMENT County of Orange On October 25 2006 before me, J. Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E.Rivas 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. J. itAGAN WITNESS my hand a cial seal. Commission# 1635125 -� Notary Public•California Orange County Signature My Comm.Expires Jon 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-4067/GE 1/06 FRP 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 Attorneys-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 that each 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 Attomeys-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 Compatty, 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�ofiAmerica•and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powe[�Attomey executed by said Companies,which is in full force and effect and has not been revoked. � �.�' IN TESTIMONY WHEREOF,I have hereunto set my hand and'affr�d the seals of Said'Co�mpanies this 25th day of October _2006. > Kori M.Johan Assistant Secretary pNSU�� StYmFrY �F\RE 6 TPN.-�NS6 �INSUq ,}TY AMO V- Y ®R11 `v+lrl AtN To verify the authenticity of this Power of Attorney,call 1-800421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attomey-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER (�STPAUL POWER OF ATTORNEY VG' 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. 000255664 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 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,recognizanees,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 require _\`. �a), or-proceedings allowed bylaw. K� 1` W 20th IN WITNFAS HEREOF,the Comp ave caused this instrumentto'besigned'aand t eirr,corpo�te seals to be hereto affixed,this arc UU66 r day of r'��k '� t Y �� 1 Farmington Casually Company. 4 � St.Paul Guardian Insurance Company Fidelity and Guaranty EInsuhancerCompany� St.Paul Mercury Insurance Company Fidelity and Guaranty Insu`r nce Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance gqCompany United States Fidelity and Guaranty Company �y GI.SUq SW�fTY Ft0.E 0.N INS '�1'MSV TV 4N IPC '..,Y F�r'-Y/ ?OP➢OA,��4 # iy i R�\'�.....,,Gy .Y�F,.......,qp� PJP �p� qS � �4,�1�,ea�.� O L ♦ 19//� 1vme,.. 9 0. P � PV 1 !I4 E,*- t, 9 p '.^'-^,vY A„) _ SEAL' : IW:COPPOAATF,�I i m .1 a1NIFOflQ`� < .p 1982 0 192 ri �F IIARTFOnD, ' 7'' v'+� 41t1d� : 1951 m A4 `o' i`'. s S as # H � � F MN�F� State of Connecticut By: City of Hartford ss. G rge W d ompson,Sen(y 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. In Witness Whereof,I hereunto set my hand and official seal. %tri!w" 4 • �.�i�� My Commission expires the 30th day of June,2006. pGt•$ Marie C.T[reaul[,Notary Pubtic 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER