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HomeMy WebLinkAboutMINUTES - 05092006 - C.13 (2) I IiII III III I III II II RE 111111111 IN I IIII III III III � CONTRA COSTA CoRecorder Office Recorded at the request of- STEPHEN L, WEIR Clerk-Recorder Contra Costa County DDC— 2006-0146687-00 Board of Supervisors TUESCi2 Return to: y. MAY 09 2006 14:48:08 Public Works Department FRE $0.00 Engineering Services Division Til Pd $0,00 Nbr-0003234713 Irc/R9/1-8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 9, 2006, by the following vote: AYES: Uilkema,Pieplio,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None -— RESOLUTION NO. 2006/ f"/ SUBJECT: Accepting completion of improvements for Subdivision 02-08618, San Ramon (Dougherty Valley) area. ea. (District IIn These improvements are approximately located near Casella Way and Burnbrae Lane. The Public Works Director hIas notified this Board that the improvements in Subdivision 02- 08618'have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. TR:kg G:\GrpData\EngSvc\BO\2006\05-09\SD 02-08618 Bo 5 DV.doc Originator: Public Works(ES) i Contact:. Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 M. Public Works -Construction Div. -P.Tehaney,M&T Lab -1.Bergeron,Mapping Div. -B.Balangan,Engineering sic. I hereby certify that this is a true and correct copy of an -T.—March 9,2007 action taken and entered on the minutes of the Board of Sheriff-Patrol Div.Commander CHP,c/o Al Supervisors on the date shown. CSAA—Cartog Chris Low,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 ATTESTED: WinBLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, C of the Board of Supervisors and. b121 B San Ramon,CA 94583 County Administrator ATTN: Brian Olin St:Paul Fire and Marine Insurance Company 333 City Blvd.West,#1100 Orange,CA 92868 By . ��� ,Deputy ATTN: Rosa E.Rivas RESOLUTION NO.2006/ ��� SUBJECT: .Accepting completion of improvements for Subdivision 02-08618, San Ramon. (Dougherty Valley) area. (District III) DATE: May 9, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 9,2006 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 December 3, 2002 St.Paul Fire and Marine Insurance Co. BE IT FURTHER RESOLVED the payment (labor and materials) surety for $54,000.00, Bond No. SV 9483 issued by the above surety be RETAINED for the six month lien guarantee period until November 9,2006,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 Casella Court for the hereinafter described public roads, as shown and dedicated for public use on the Final Map of Subdivision 02-08618 filed December 19, 2002, in Book 450 of final maps at Page 27, Official Records of.Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lenztbs (Miles) Casella Court 361-481 0.04 Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Company,LLC,shall retain the subdivision improvements for maintenance and ownership during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $1,080.00 cash deposit (Auditor's Deposit Permit No. 391338, dated August 13, 2002) made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for$16,038.00,Bond No. SV 9483 issued by St.Paul Fire and Marine Insurance Co.be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. All deposit permits are on file with the Public Works Department. R IESOLUTIONNO. 20061462 tY RIDER To be attached to and form part of. Bond Number SV9483 dated 08/01/02 issued by the ST. PAUL FIRE AND MARINE INSURANCE COMPANY in the amount of $106,920.00 on behalf of WINDEMERE BLC LAND COMPANY LLC (Principal) and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The bond amount shall be amended: FROM: $106,920.00 TO: $16,038.00 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 20th day of February, 2006. Signed, Sealed &Dated this 20th day of February, 2006. WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By: LEN-OBS WINDEMERE,LLC.,a Dela are limited liability company,its Managing Member) By: LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation, its Managing Member By: i� /�— David Evans, Vice Pr $ildent ST. PAUL FIRE AND MARINE INSURANCE COMPANY (Surety) Rosa E. Rivas,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 21, 2006 beforeme, Dina Prints, Notary Public, 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 a6 thorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. DINA PRINTY Witness my hand and official seal. commission# 1453610 Notary Public-California n orange county. My Comm.Expires Nov 28,2007 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— Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Rider for Surety Bond No. SV9483 Number of Pages: One (1) Date-of Document: February 20, 2006 Signers (other than those named above): Rosa E. Rivas ,CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On February 20 2006 before me, J. Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rosa E. Rivas NAME(S)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) islare 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 6ARRAO�N signature(s) on the instrument the person(s), or the entity upon ConrnlMlp►s 1636126 behalf of which the person(s) acted, executed the instrument. Nolw ftm-Co6loeMo Oranpo County 1O.Canmr im6,201 !� 14 WI-TNE- my hand'aicial seal. i NATURE 07NOTARY . J;•Barragan � 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 HGENERAL ® 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 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER - This Power of Attorney is granted under and by the authorityll 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'Coinpany, 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,cont iract 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 Attomeys-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 Slecretary,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 F rmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety-Company, St. Paul Firel and Marine Insurance Company,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety,Company-otAmerica--and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powex of°Attorney,executed bys sazd=Companies,which is in full force and effect and has not been revoked. 11 IN TESTIMONY WHEREOF,I have hereunto set my hand andaffix dthe-seals of said Companies this 2Oth day of February 20 06 . Kori M.Johans Assistant Secretary Snr)Y If1AE6 A�.INf ."Y� 1—NSy`"w ptY AHp t' PYORA!(JP...RA", 3 G(1 '•`^,^iM41tED Z ,i•EO MAlftlm IW:GO :1^L 1^ .927 9 � � � y9J'I w„ �;SE AL,:'o1 o�.S87iL.'a Wo �� • � � 1898 t S G a. ......1L/ d.•.. .%O b Aad 1 y To verify the authenticity of this Power of Attorney,call1-800-1421-3880 or contact us at wwwstpaultravelersbond.com.Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. 1 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPA'L1L POWER OF ATTORNEY ,TRAVELERS Farmington Casualty Compal y 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 I 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. O U O O 6 `t 8 4 5 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 SL 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 Comecticut,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 orgaized 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,Stanley C. Lynn,Jane Kepner, Grace Reza,and Rosa E. Rivas of the City of Tryine ,State of C'alifornin ,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,recogmzances,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 required or permitted"in any actions or proceedings allowed by law. e? ' tv l ,�..�• �d t' 2nd IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and theircorporate seals to be hereto affixed,this day of February 2006 Farmington Casualty Company ^'t„'�b _ St.Paul Guardian Insurance Company Fidelity and Guaranty'Insucance'Companyi ., '” 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 InsuranceCompany United States Fidelity and Guaranty Company GI.SUq StnErY F\PE 'N IN,r� p��XrU'e TY Ay° 000 j/pigfAr`sEAL,:'o3� ,1 o:SEAL a 1 State of Connecticut - By: City of Hartford ss. Gorge W ompson,Sed r Vic President On this the 2nd day of February 2006 ,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,SL 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. p,TET t In Witness Whereof,I hereunto set my hand and official seal. •My Commission expires the 30th day of June,2006. jOUBIt� * Marie C.Teireaull.Notary Public i 58440-9-05 Printed in U.S.A. WARN ING:TH IS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER