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HomeMy WebLinkAboutMINUTES - 05092006 - C.14 (2) i IIII III III I III II it IIII II I III III IIII I IIII I II III III CONTRA COSTA Co Recorder Off ice STEPHEN L. WEIR, Clerk-Recorder Recorded at the request of: DOC— 2006-014 order 0 Contra Costa County Board of Supervisors Tuesday, MAY 09, 2006 14:41:37 Return to: FRE Public Works Department Tt 1 Pd $0,00 Nbr-000323470B Engineering Services Division lrc/R9/1-8 i i I THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA I Adopted this Resolution on May 9, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaldnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None f RESOLUTION NO. 2006/ SUBJECT: Accepting completion of improvements for Subdivision 02-08619, San Ramon (Dougherty Valley) 'area. (District III) These improvements are approximately located near Harcourt Way and Albion Road. The Public Works Director has notified this Board that the improvements in Subdivision 02- 08610 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. i TR:kg I G:\GtpData\EngSvc\BO\2006\05-09\SD 02-08619 BO 45 DV.doc Originator: Public Works(ES) Contact:I Teri Ric(313-2363) Recording to be completed by COB I.D.94-3291516 I hereby certify that this is a true and correct copy of an cc: PI works -P.Tetany, Div. action taken and entered on the minutes of the Board of ! -P.Tehaney,M&T Lab -I.Bergeron,Mapping Div. Supervisors on the date shown. -B.Balangan,Engineering Svc. T.—March 9,2007 0 n Sheriff-Patrol Div.Commander ATTESTED: csnn-calrtog JOHN CULLEN, Cit&of the Board of Supervisors and Chris Low,City of San Ramon County Administrator 2222 Camino Ramon San Ramon,CA 94583 Windemere BL,C Land Company,LLC 6121 Bollinger Canyon Rd.,Ste.500 San Ramon,CA 94583 ATTN: Brian Olin By ,Deputy St.Paul Fire and Marine Insurance Co. 333 City Blvd.West,Ste. 1100 Orange,CA 92868 ATTN: Jeri Apodaca RESOLUTION N0.2006! j I SUBJECT: Accepting completion of improvements for Subdivision 02-08619, San Ramon (Dougherty Valley) area. (District III) DATE: May 9, 2006 PAGE: 2 I' 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$163,000.00, Bond jNo. SV 9484 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 Bandol Court and Bandol Way for the hereinafter described public roads, as shown and dedicated for public use on the Final Map of Subdivision 02- 08619 filed December 19, 2002, in Book 450 of final maps at Page 30, Official Records of Contra Costa(County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths(Miles) Bandoi Court 361-481 0.03 Bandol Way 36'—56' 0.10 ' Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Comapany, LLC, shall retain the subdivision improvements for maintenance and ownership during;the warranty period. I,BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the$3,260.00 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$48,411.00,Bond No. SV 9484 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. A111 deposit permits are on file with the Public Works Department. �I i I I RESOL UTION NO. 200610M RIDER To be attached to and form part of! Bond Number SV9484 dated 1/1/2002 issued by the ST. PAUL FIRE AND MARINE INSURANCE COMPANY in the amount of $ 322,740.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) and in favor of COUNTY OF CONTRA COSTA (Obligee) Now therefore, it is agreed that in consideration of the pretnium charged, the attached bond shall be amended as follows: The Performance Bond amount shall be amended: FROM: $322,740.00 TO: $48,411.00 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 22nd day of February, 2006. Signed, Sealed & Dated this 22nd day of February, 2006. 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 Corpora n ' s Managing iMember By: Greg P Vice Pr " d.ent By: 71 (Principal) Cindy ompson, .Vi Pres It ST. PAUL FIRE AND MARINE INSURANCE COMPANY (Surety) By: - Jeri Apodaca, Attorney-m- act CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On February 23, 2006 before me, Dina Prints, Notary Public, personally appeared Greg Porn i and Cindy Thompson, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 1�l fitness m and and official seal. _ DINA PRINK commission# 1453610 "c Notary Public-caiifornia LLS G,•\`w 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: Greg Pomi —Vice President Lennar Homes of California, Inc. Cindy Thompson - Assistant. Secretary Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SV9484 Number of Pages: One (1) Date of Document: February 22, 2006 Signers (other than those named above): Jeri Apodaca CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On February 22, 2006 before me, Rhonda C.Abel, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jeri Apodaca) 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) 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. WITNESS Smmy�hand and official seal. n / U RcoMM.#,s"s7sgaEL -����� a _�d L_ .-r SIGNATURE OF NOTARY `tet - NOTARY PUBLIC-CALIFORNIAQ ORANGE COUNTYI ,7 j. COMM.EXP.AUG.9,2009 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 2198 0 1993 NATIONAL NOTARY ASSOCIATION•B236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FRP I medUl POWER OF ATTORNEY � Seaboard Surety Company I United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelin,and Guaranty Insurance.Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 22775 Certificate No. 1401690 KNOW ALL MEN BV 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 Insutance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collecriveh,caller!the "Companies'), and that the Companies do hereby make, constitute and appoint James A. Schaller,Rhonda C.. Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H. Brebner,Leigh McDonough and AIexis 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 ai d 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 CARMAN.Vice President V PETER sWFty 61v— SEAu W.L o ]o`.SfiRL�;mNcs �s;�w;r <Hl Arfto` C 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 ithe 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 oto do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. t,�/�p,�j,/,- . 40�GGP FAS(EY�� 1'f'_'_"_/'P�r�y-�/^�'7uWN' In Witness Whereof,I hereunto set my hand and official seal. e N�TgRY (� m "UBUp My Commission expires the Ist day of.luly,2006. leo �o REBECCA EASLEKONOKALA.Notary Public Af city 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 Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insunance 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, 1998,which resolutions are now in full force and effect,reading as follows: �F 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 Attorney(s)-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 seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(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 dhe 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 Attomey(s)-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 22nd day of February 2006 so ,SEJ. gis\SHRL�'k: EAL io .,,� Thomas E.Hutbregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and askJor 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.