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HomeMy WebLinkAboutMINUTES - 06132006 - C.20 (2) IIIIIIIIIIIIIIIIIIIIIIIIIIII --- - - --� ----- - __ CONTRA COSTA Co Recorder Office Recorded at the request of: Contra Costa County STEPHEN L, 1JEIR, Clerk-Recorder Board of Supervisors.. DOC— 2006-0188283-00 Return to: Wednesday, JUN 14, 2006 09:29:41 Public Works Department FRE Engineering Services Division - Tt 1 Pd $0,00 Nbr-0003282626 Irc/R9/1-8 THE BOARD,OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .Adopted this Resolution on June 13, 2006, by the following vote: j AYES: Uilkema, Piepho, DeSaulnier,Glover, and Gioia NOES: Notre ABSENT: None ABSTAIN: Notre RESOLUTION NO. 2006/ 3G SUBJECT: Accepting completion of improvements, Subdivision 03-08716 (cross-reference Subdivision 00-08507), San Ramon(Dougherty Valley) area. (District III) These improvements are approximately located near Windemere Parkway and Bethany Road. The Public Works Director has notified this Board that the improvements in Subdivision 03- 08716 have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company,LLC,heretofore approvedby this Board in conjunction with the filing of the Subdivision Map. TR:kg Z:\GtpData\EngSvc\BO\2006\06-13\SD 08716 B0-45 bV.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Ric action taken and entered on the minutes of the Board of Recording to be completedfeted byy COB C � I.D.94-3291516 Supervisors on the date shown. .cc: Public Works A.Bell,Construction i -P.Tehaney,M&T Lab j -1.Bergeron,Mapping Div. ATTESTED:' ✓k ��i o2id�"D6 -B.Balangan,Engineering Svc. JOHN CULLEN, Clerk of the Board of Supervisors and T.—Apri 113,2007 Sheriff-Patrol Div.Commander County Administrator . CHP,c/o Al CSAA—Cartog Chris Low,Citv of San Ramon 2222 Camino Ramon San Ramon,CA 94583 Windemere BLC Land Company,LLC j By , Deputy 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 San Diego,CA 92123 ATTN: Patricia H.Brebner RESOLUTION NO.2006/ �� i I SUBJECT: Accepting completion of improvements, Subdivision 03-08716 (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 tenninal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY December 2, 2003 Travelers Casualty and Surety Company of America BE IT FURTHER RESOLVED the payment (labor and materials) surety for$974,500.00, Bond No. 104 125 076 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. I BE IT FURTHER RESOLVED that Watervale Way, Bethany Road, Tamworth Lane, and Durlington Court for the hereinafter described public roads,as shown and dedicated for public use on the Final Map of Subdivision 03-08716(cross-reference Subdivision 00-08507)filed December 11, 2003, in Book 459 of final maps at!Pa-e 14, Official Records of Contra Costa County, State of California, are ACCEPTED AS COMPLETE. i Road Name I Road-R/W Widths Lengths(Miles) Watervale Way 1 36' curb/56' RW 0.19 Bethany Road 36' curb/56' RW 0.27 Tamworth Lane 36' curb/56' RW 0.20 Durlington Court 36' curb/48' RW 0.07 Upon acceptance by the Board of Supervisors, the developer, San Ramon (Dougherty Valley), 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$19,500.00 cash'deposit(Auditor's Deposit Permit No.409852,dated August 5,2003)made by Windemere BLC Land Company,LLC,and the performance/maintenance surety bond rider for $1,929,500.00, Bond!No. 104 125 076 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 thisBoard. I All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/36T. i. To be attached to and form part of: Bond Number 104125076 dated 07/28/03 issued by the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA in the amount of 1,929.500.00 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: $19929,500.00 TO: $289,425.00 It is further understood and agreed that all other,,ternis 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 WINDEM ERE, LLC.,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC.,a California Coiporalion, its Managing Me lYer By: /,- ' , �— David Evans, Vice resident TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (Surety) By: -x Rosa E. Rivas, Attorney-in-Fact I - CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 PRINIY wit nes xw d and official seal. Commission# 1453610 z Notary Public-California z �;�L.'�• Orange County r ' J _- �•_� My Comm.Expires Nov 28,2007 i i OPTIONAL 1 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. i CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer— Vice President Lennar Homes of California, Inc. I DESCRIPTON OF ATTACHED DOCUMENT i Type of Document: Rider for Surety Bond No. 104125076 Number of Pages: One (1) 1 I Date of Document: February 20, 2006 Signers (other than those named above): Rosa E. Rivas i 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' personally appeared Rosa E. Rivas j NAME(S)OF SIGNER(S) ® personally known tome'-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 j his/her/their authorized capacity(ies), and that by his/her/their J. SAA signature(s) on the instrument the person(s), or the entity upon Conunbecn# 1636128 behalf of which the person(s) acted, executed the instrument. Nok ry Publc-CaL%wft Omnge COW* MyCormn 6m*es ion 3.201 _ WITNE and and offal seal. - j --51GN URE OF NOTARY 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 ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: j I 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 STPAUL POWER OF ATTORNEY 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 I Travelers Casualty and Surely Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company I Attorney-In Fact No. 213962 Certificate No. 000064843 KNOW ALL MEN BY THESE PRESENTS:Thal 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.Trahelers 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 duh•organized under the laws of the State of Maryland.that Fidelity and Guaranty InsurancejCompany is a corporation duly organized under the laws of the State of lowa.and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly'organiaed under the laws of the State of Wisconsin(herein collectively called the"Companies").and that the Companies do hereby make,constitute and appoint i 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 j j i I of the City of Irving State of California _ their true and lawful Attomev(s)-in-Fact. I each in their separate capacity if more than one is named above,to sign,execute.sea]and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of-the Companies in their,business of.guarantecing 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. j IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and.their corpprate seals to be hereto affixed.this 2nd day of February 2006 I . Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company Sl.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company .'1 'Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company GASUA StNEIY �\RC'6 RN �U :,.r►'.�.,t (Y qq, Y ryy (nn�� }$�7�`p� 4 0\::.....;SG •R+.,....�A91t;. SJ�� O OG S��wRlf�� \pC�A� Z coRP ORA l(.'.�1^.: m inn �� tfD 0 1982 0 1sn 1x27:' .' s _ s K HARTFORD, HAFRFOFlD, :nf ;�. 'o; m CONN. CAUL P s 1896 mO SEAL f y O< JJ .... .;: �. �p� + � f� t' wJ•F' �)AIN I I . I State of Connecticut Bv: City of Hartford ss. Gorge 11' urnpson.Sen r Vir President I t 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,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. I In Witness Whereof,I hereunto set my hand and official seal. 1 My Commission expires the 30th day of June,2006. f p�"G * ""-Mai ie C.Tetreatik.Notary Public I I j 58440-9-05 Printed in U.S.A. 1 WARNING:THIS POWERiOF ATTORNEY IS INVALID WITHOUT THE RED BORDER i WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is,ranted Under and by the atthorit•of the following resolutions adopted by the Boards of Directors of Farmington C a5U1::;tV Company.Pi:elite and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insuiancv 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 Attomeys-in-Fact and Agents to act for and on behalf of the Company and may Rive such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and sea]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 hitt or hcr;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 writine obligatory in the.nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when t.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 ainV 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 I" FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President. 1 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 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 tai which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of FarminIgton 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 I Company.Travelers Casualty and Surety Company,Travelers Casuidty and Surety,Company df.America.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 Atfomcy executed by saideCompanies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF.I have hereunto set my hand and affixeil the seals of said-Companies this 20th day of February 00 . Kori M.JohansJuAssistant Secretary GI,SUA! ci! )f +n: o® S E:AL o, '-v•.SERLi.tOF Nt`N� 9,,,'.�^„w•c.F fS.ANV✓ \d�,r............. j To verify the authenticity of this Power of Attorney,call 1-860-411-3980I or contact us at ww•w.stpaultravelersbond.coni.Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. i I i I . i i I WARNING:THIS POWER OF•ATTORNEY IS INVALID WITHOUT THE RED BORDER