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HomeMy WebLinkAboutMINUTES - 06132006 - C.18 (2) IIII III III I III II II IIII I III II III IIII I IIII I II III III CONTRA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L, WEIR, Clerk-Recorder Contra Costa County 00 Board of Supervisors DOC— 2006-0188282— Return to: Wednesday, JUN 14, 2006 09:29:37 Public Works DepartmentFRE $0.00 Engineering Services Division Tt 1 pd $0.00 Nbr-0003281625 lrc/R9/1-6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 13, 2-006,by the following vote: i AYES: Uilkenta, Piepho, DeSaulnier, Glover and Gioia NOES: Nolle ABSENT: Nolte ABSTAIN: Notre RESOLUTION NO. 2006/34;-.� SUBJECT: Accepting completion of improvements, Subdivision 03-08713 (cross-reference Subdivision 00-08507), San Ramon(Dougherty Valley) area. (District 11) These improvements are approximately located near Albion Road, Silva Way, Sandalford Way, and Vindara Lane. The Public Works Director has notified this Board that the improvements in Subdivision 03- 08713 (cross-reference Subdivision Q0-08507)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 Z:\GrpData\EngSvc\BO\2006\06-13\SD 03-08713 BO-45 DV.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB I.D.94-3291516 cc: Public Works Construction Div. P.Tehancy,M&T Lab I hereby certify that this is a true and correct copy of an I.Bergeron,Mapping Div. action taken and entered on the minutes of the Board of B.Balangan,Engineering Svc. T.–April 13,2007 Supervisors on the date shown. Sheriff-Patrol Div.Commander CHP,c/o Al �LC+s'i G CSAR–Cartog ATTESTED: ABI Ze'm,G Chris Low,City of San Ramon JOHN CULLEN, Clerk of the Board of Supervisors and 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 ATTN: Brian Olin Travelers Casualty and Surety Co.of America 9325 Sky Park Court,Suite 220 By , Deputy San Diego,CA 92123 ATTN: Patricia H.Brebner RESOLUTION NU.2006/ G`6- SUBJECT: Accepting completion of improvements, Subdivision 03-08713 (cross-reference Subdivision 00-08507), San Ramon (Dougherty Valley) area. (District III) DATE: June 13, 2006 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of June 13,2006 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 9, 2003 Travelers Casualty and Surety Company of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for$506,000.00, Bond No. 104 125 067 issued by the above surety be RETAINED for the six month lien guarantee period until December 13,2006,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 Silva Way,Vindara Lane, Sandalford Way, and Ayers Way for the hereinafter described public roads, as shown and dedicated for public use on the Final Map of Subdivision 03-08713 filed December 11, 2003, in Book 459 of final maps at Page 7, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. Road Name Road-R/W Widths Lengths(Miles) Silva Way 36' curb/56' RW 0.12 Vindara Lane 36' curb/56' RW 0.12 Sandalford Way 36' curb/56' RW 0.13 Ayers Way 36' curb/56' RW 0.01 Upon acceptance by the Board of Supervisors, the developer, Windemere BLC Land Company,LLC,shall retain the subdivision improvements for maintenance during the warranty period. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $10,100 cash deposit (Auditor's Deposit Permit No. 408869, dated July 17, 2003)made by Windemere BLC Land Company, LLC, and the performance/maintenance surety bond rider for $150,285.00, Bond No. 104 125 067 issued by Travelers Casualty and Surety Company of America be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. i All deposit permits are on file with the Public Works Department. RESOLUTION NO. 1005/slj�5"7 --R-1 WE R------ To --- —To be attached to and form part of: Bond Number 104125067 dated 07/07/03 issued by the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA in the amount of 1,001,900.00 on behalf of WINDEMERE BLC LAND COMPANY, LLC (Principal) i 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: $1,001,900.00 TO: $150,285.00 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 Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC.,a California Corporation, its Managing kiamb r By: David Evans, Vic President TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) Rosa E. Rivas, Attorney-in-Fact _ CALIFORNIA ALL-PURPOSEACKNOWLEDGEMENT_ State of California County of Orange On February 21, 2006 before me, Dina Printy, 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 authorized 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 PRINT Commission# 1453610 �LYI m hand and official seal. ,mak y Notary Public-California __ =`:fir, •% orange County8,2007 _ My Comm.Expires Nov 2 I 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. 104125067 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 I NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" pbrsonally appeared Rosa E. Rivas NAME(S)OF SIGNER(S) I ® 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 J. WRRAGM signature(s) on the instrument the person(s), or the entity upon ConwrAd '^• 1636125 behalf of which the person(s) acted, executed the instrument. Notary Pubic-Califomic _ .. orange Caw* 16,MVConu..Expk=Jw5,2014 WITNESS m hand and 0KC2 seal. •�SIAI .AT.0 E OF NOTARY J. Barrag n 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) F-1 ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: i I SIGNER IS REPRESENTING: I 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 srPauL POWER OF ATTORNEY , TRAVELERS --Farmington Casualty Company -- --- -- — -SL 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 I Attorney-In Fact No. 213962 Certificate No• 000064844 I 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 i 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 fnsurancelCompany 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, Stanley C. Lynn, Jane Kepner, Grace Reza, and Rosa E. Rivas i I i I , I i of the City of Irvine .State of California their true and lawful Attorney(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,recognizances.conditional uncierntkings 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. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate scall to be hereto affixed,this 2nd day of Fchruary 2006 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 G I.SU.��' SllftETy I y' RE 6"•EL 0�' ....`S'G . .I SUggt,, zJptTY AN06 Fry �"`jY AS, J 1 91i 2� o 1977 MrdIF0at1E0 if/ 9.27 re �,i �+ ,•, e:c+ ;W t�oaroaarf:,� �, N!HARMOM aI HARTFORD. (ONN. s�` coHH. N lass a'...........afi; a s '� at ✓ �1 a � ! T• SOF NEW i SLS:�'..�w !S'YN..+r �s�..- � yi spa •t ,"•1'+�► �t7 Attt I a" State of Connecticut By: City of Hartford ss. Gorge W ompson.Sed r\'i President On this the 2nd day of February 2006 before me personally appeared Gcorge W.Thompson. who acknowledr•ed himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty insurance Company,Fidelity and GLIarantV Insurance underwriters. inc..Seaboard Surety Company;St.Paul Fire and Marine Insurancie Company,St.Paul Guardian Insurance Company.St.Paul Mercury Insurance Company,'fravelers 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 corp6rations by himself as a iluly authorized officer. 1 � i � p.Tt1eT I In Witness Whereof,l hereunto set my hand and official seal. W w� My Commission expires the 30th day of June,2006. �01IBU0 * Marie C.Tetre;adt.Notary Public 58440-9-05 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER i I WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attomey 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 Insura;tce,Company, - — St-Paul-Guardian-insurance-C-ompany,St.-Paul-Mercury--lnsurance Company.Travelers-Casualty-and Surety Company,-Travelers-Casualty-and-Suretv-CompFny-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 Chairnttnt,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 whet'(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 iTreasurer,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 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 Attorneys-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 hearing such facsimile signature or facsimile seal shall he 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 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.oftAmerica-and United States Fidelity and Guaranty Company do hereby certify that the above and.foregoing is a true.and correct copy of the Power of�Atforn y executed by.saidiCompanics,which is in full force and effect and has not been s •:. revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed theseals of..i ntpanies this 20th day of February 06 ,Kori M.Johans. Assistant Secretary cRsu� SaREIy tIRE RM..!MS '''Hsi"`•. �Tr Sao �IIY,t�ta <1 .�r � �. �r _ `4 p` G� JpY,...�Rq•.. 3JP a OE-11, r��9t orn 1896SEALif''vr.. e° �'� AtN i To verify the authenticity of this Power of Attorney,call 1-800-d21-388(1 or contact us at www.stptiultravelersbond.com.Please refer to the Attorney-In-Fact number, t the above-named individuals and the details of the bond to which,the power is attached. I t i WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER