HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-601 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004 by the following vote:
AYES. SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 200001
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere
Phase IV Mitigation Creeps E & G, DA 03-00033 (cross-reference Subdivision
8509) being developed by Windemere BLC Land Company, L.L.C., San Ramon
(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for Windemere
Phase IV Mitigation Creeks E & G, DA 0300033 (cross-reference Subdivision 8509) located in
the San Ramon (Dougherty Valley) area.
A Subdivision Agreement (Right-of--Way Landscaping) with Windemere BLC Ladd
Company, L.L.C., developer, whereby said developer agrees to complete all improvements as
rewired in said Subdivision Agreement (Right-of-Way Landscaping) within one year from the
date of said agreement. Improvements generally consist of creek landscape restoration
improvements.
LT:rm I hereby certify that this is a true and correct copy of an
O:\Crpoata\F_ngsvc\Bo\2004\11-3o-o4\DA 03-00033 iso-16.aoe action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
J.Ysmael,Engineering Services
Current Planning,Community Development ATTESTED: NOVEMBER 30.,. 2004
T—September 30,2005(P I)
Windemere BLC Lana Company,L.L.C.. JOHN SWEETEN, Clerk of the Board of Supervisors and
Brian Olin County Administrator
3130 Crow Canyon Place,#310
San Ramon,CA 94583
The Continental Insurance Company
P.U.Box 946640
Maitland,FL 32794-6640 By ,/ 'ry¢--'' ,Deputy
AM:Patricia H.Prebner
RESOLUTION NO.2004!601
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere
Phase IV Mitigation Creeps E & G, DA 03-00033 (cross-reference Subdivision
8509) being developed by Windemere BLC Land Company, L.L.C., San Ramon
(Dougherty Valley) area. (District III)
DATE: November 30, 2004
PAGE: 2
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $3,560.00
Deposit made by: Windemere BLC Land Company, L.L.C.
Auditor's Deposit Permit No. and Date: 431272 September 15, 2004
II. Surety Bond
Bond Company: The Continental Insurance Company
Bond Number and Date: 929 341 271 September 7, 2004
Performance Amount: 5352,440.00
Labor&Materials Amount: $178,000.00
Principal: Windemere BLC Land Company,L.L.C.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/601
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code §66462 and §66463)
Subdivision: TSA 0033 (Cross-Ref SUB 85019) Effective Date:
Subdivider: /j /'� ' �� �!�6''' 'y� mpletion Period: 1 year
f WINDEMERE BLC LADE)COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a California limited liability Company
By:LEN-OBS Windemere,LLC
CONTRA COSTA COUNTY A Delaware limited liability company
Managing Member
Maurice M. Shiu, Public Works Director By:LennarHomes of California,Inc.,
Managing Member
V� `
By: ` (signature) &AWS.
(print name&title) Don Larson,Vice President
RECOMMENDED FOR APPROVAL:
By. (signature)
Engineering Servic ivisio (print name& itle)Darleen Carpen
ster,Asst.Secretary
FORM APPROVED: Victor J.Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups pursuant
to Corporations Code§313.)
1. PARTIES&(DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coon "and the
above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,
street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans
for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa
County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion pejod from date hereof
as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance
with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made
thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall
govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuantto Government Code§66499,and the
County Ordinance Code, provide as security to the County:
A. For Performance and Guarantee: $ 3.560.00 cash,plus additional security,in the amount of
$ 352 440.00 which together total one hundred percent(1 0%)-of the estimated cost of the work. Such
additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guaranteesperformance underthis Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
93 For Payment. Security in the amount of$ 178 000.40 which is fifty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing tabor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securties may be reduced in accordance with§94.4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors acceptthe work as complete in
accordance with Article 96-4.6, "Acceptance", of the Ordinance Code. Subdivider agrees to correct, repair, or replace, at his expense, any
defects in said work.
system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement,
Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control
and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work
shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the
County, bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PIAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work
as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors
accepts the work as complete or during the one-year guarantee period, said improvement plans prove to be inadequate in any respect,
Subdivider sHall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of vrork and/or materials or statement by any officer,
agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the
whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of
his obligation to fulfill this agreement as prescribed; nor shall the County be thereby be stopped from bringing any action for damages arising
from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefifted and protected by this promise are the County, and its special district, elective and appointive
boards, commissions, officers, agents, and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened
because of actions defined below,and including personal injury,death, property damage,inverse condemnation,or any combination of these,.
and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement
plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and
claims.
C. The actions causing Hablifty are any act or omission(negligent or non-negligent)in connection with the matters covered bythis
Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent, or employee of one or more of them,
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved anyplan(s)or specification(s)in connection with this work or subdivision,or has insurance or
other indemnification covering any of these matters,or that the alleged damage resulted party form any negligent or willful misconduct of any
Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required
thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE ANL? COSTS: If Subdivider falls to complete the work within the time specified in this Agreement, and
subsequent extensions,or faiis to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,
and Subdivider agrees to pay all costs and charges incurred by the County(including, but not limited to: engineering, inspection,suWeys, 1I
contract,overhead, etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work, Subdivider agrees to pay all costs incurred by the County, even If
Subdivider subsequently completes the work,
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,
Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider
subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION.. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of
credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against
Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:kwsa¢
G:1Grp0atakEngSvcTormslAG wORMAG-30A.doc
Rev.May 18,2001
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s
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ss.
before
Date Name and Mile of Mare.
{ g.,,,°J--arrneDoe,Notary Public")
personally appeared
¢ Nama{s)of Signar{s)
`personally known to me
❑ 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
d KAREN L, KEENAN acknowledged to me that.g�/they executed
Commission# 137887 1Zthe same in *i&+w/their authorized
Notary Public - Cal)fornia ;
A capacity(ies), and that by his/her/their
�} Contra Costa County signature(s) on the instrument the person(s), or
My Cornrn.Expires Oct 7,2T,6 the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS iy hand a9doffi i seal.
.-�"' 5lgnaiura Note Pubic
OPTIONAL
Though the information below is rot required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Cate: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les)Claimed by Signer
Signer's Name:
❑ Individual lop of thumb hese l
❑ Corporate Officer—Title(s): I
• Partner—❑Limited ❑General
❑ Attorney-in-Fact I
Trustee
Guardian or Conservator
Ll Other:
I
Signer Is Representing: I
t 3999 Nations Notary Association•5250 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2462-www,nationainotary.org Prod.No.5907 Reorder:Call Toll-free 1-8130-676,6827
COUNTY OF CONTRA COSTA
DEPOW PERMIT
F CR Of COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTNEZ,CALIFORNIA'
RECEIVED FROM 1 /
} ORGANIZATION NUMBER - 010
fill
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(far.Cash C lection Procedures see County Adwn nistrator's Buktin 105.)
DESCRIPTION FUNI)/ORa Sulk ACCTTASK CdPTION ACTIVITY AMOUNT
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EXPLANATION: iTOTAL
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} Deposit corxsish of tom'#ol�w rx it erre
CMN and Ct RRENCY $
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CHECKS,M.Qf ETC
? C' .• : BANK DEPOSITS $
r3R AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP" -
NUMBER
DATE 14
The amount of money described obom is for Treasurer's receipt of above omount is approved. Receipt of above amount is hereby
deposif into the County"Treasury,: ack d
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` Signed"
L_( ( De `t`t Count Autlihx wed.
Title: � (j, ..�f'! � EX7�';, tom}Y Y .Deputy County Treasurer
-34 REV.(7-43) 9
ri! It-
Oct /f4tO _ ( {�
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819800-0800: 61139839 $5,860.00 bC 0012, Performance Cash Bond,
Windemere BLC Land Company LLC, 3130 Craw Canyon PI, #310, San Raman,
CA 94583
819800-0800. G ; 41,$3560.00, 06 0033, , Performance Cash Band;
Windemere B °..fid Company LLC, 3134 Craw Canyon PI, #310, Sart Raman,
t CA 94583
819800-0800: 61139844, $25,700.00, Sub 8776, Performance Cash Bond,
Windemere BLC Land Company LLC, 3330 Crow Canyon PI, #310, San Ramon,
CA 94583 `P
819800-0800: G1139848, $1,490.00, b6 0432, , Performance Cash Band,
Windemere BLC,Land Company LLC, 3134 Crow Canyon PI, #310, San Ramon,
CA 94583
Subdivision: `i~}A 0033 (Coss-Re 8509
Bund No.: 929 341 271.
Premium: $1,762.00
Executed in Duplicate
IMTROVEMINT SEcupuy BON}
FO12.PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Cade Sections 66462 and 66463)
1. RY-O AL OF SUBDWISION ACRER MNT: The Principal has executed aux agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision DA 0033
tCross-Ref S 83I as specified in the Subdivision Agteemenzlz of Way Landscaping), and to
complete said work within the time specified for completion in the Subdivision Agreement {Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions
for filing of The Final Map or Parcel Map for said Subdivision.
2. ORLiGATIi3N: Winde ere BLC Lan L as Principal,and
The Continental Insurance Cesm any .acorporationorganizedex�zngunderthelaws
of The State of New x.amgs ire , and authorized to transact surety business in California,
as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns to the County of Contra Costa., California To pay it.
A. Performance and Guarantee: Three red Fifty Iwo00/100
Dollars {S 352.440 00 ) for itself or any city assignee under the above County Subdivision.
Agreement, plus
B. Payment: One Hundred Sever► Ei-ht Thousand and 0£11100 Dollars
(S 178.00 g ___} to secure the claims to which reference is made in Title XV (commencing
with Section 3082) of Part 4 of Division III of the Civil Code of the State of California.
3. CCINDTT ON:
A. The Condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to Thur true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void, otherwise it shall be and remain in full force and effect.
yr
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
.incurred by County(or city assignee)in successfully enforcing such obligation,all to be ted as costs
and included in any judgement rendered.
& The condition of this obligation as to Section ?.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra. Costa and all
contractors, subcontractors,laborers, material amen and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor,that said surety will pay the same in an amount not exceeding the amount herein above
set forth, and also in case suit is brought upon this mond, will pay, in addition to the fact amount
thereof costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by
County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the
court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15(commencing with Section
3082)ofPart 4 of Division 3 ofthe Civil Code, so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition ofthis bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full farce and effect.
C. No alteration ofsaid subdivision agreement or any plan or specification of said work agreed=o by the
Principal and the County shall relieve any Surety from liability on this bond, and consent is hereby
given to make such alteration without further notice to or consent by Surety; and the Surety hereby
waives the provisions of California Civil Code Section 2819, and holds itselfbound without regard to
and independently of any action against Principal whenever taken.
SI NX11)AND SEALED on Se tember 7, 2004
PMC.IPA.Lr Windemere BLC Land Company, LLC STJR„ETY: The Continental Insurance Company
Address. Address: _J-0. Box 946640
City: Zip: City: Maitlaud. FL zin.. 32794-§640-,
By. See attached signature page By.-
Print
y.Print Name: Print Name: Patricia H. B„gebner
Title: Title` Attorney-in--Fact
�w
t'�rSt�BFiARDa"raGcpT�usErgSv�wrwtHN dCSRih�:�i-t:.r�.aac
WLNDEMERE 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: `
David Evans, Vicom kresident
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Oran
On September $,,2004 before me, Dina Printy, 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.
Witness my hand and official seal.
h.
y DINA PRINTY
Comnarsstcn# 7453b10
Notary Public-Catitorniq
„ft: Orange County
MY CG7M i Expires Nov 2a,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: Surety Bond No._929 341 271
Number of Pages: Three (3)
Date of Document: September 7, 2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE A IOWLEDGMENT No.55907
State of California
County of Orange
On September 7 2004�_�before me, Ashley K.Ward,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia I-I.Brebner
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 hisfher/their
ASFti!Ytc.WAt2D signature(s)on the instrument the person(s), or the entity upon
COmMission# 1483685 behalf of which the person(s) acted, executed the instrument.
Notary Public-California
Oronge County
My COMM,Expires Apt 1 b,2008
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
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 ATTACKED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
Q
TRUSTEE(S)
GUARDIANICONSERVATOR NUMBER OF PACES
Q OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME=OF PERSON(S)OR ENTITY(IES) a
SIGNER(S)OTHER THAM! NAMED ABOVE
S-4067/GEEF 2198 0 1 93 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7!84•Canoga Park,CA 99309-7484
POWER OF A'TTOk,-tEY APPOINTING INDIVIDUAL. Al ORNEY-IN-FACT
Know All Men By`these Presents,That The Continental Insurance company,a New Hampshire corporatA,and Firemen's Insurance
Company of Newark,New Jersey,a New Jersey corporation(herein called"the GIC Companies"),are duly organized and existing
corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals
herein affixed hereby make, constitute and appoint
Mike Parizino,Linda Enright,Rhonda C.Abel,.fames A.Schaller,Jane KC ner,Nanette Marlella-M ers,Patricia H.
Brebner,Alexis H.B an,Leigh McDonough, Individually
Of , Irvine,California
their true and lawful Attomey(s)-In-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds,undertakings and other obligatory instruments of similar nature
--In Unlimited Amounts—
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duty adopted, as indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CIG Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 2nd day of April,2002.
.;SPL IiVg'�''. y0 PAM Or`
a 'Y IL
*. �
The continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
Michael.Gengler J Group Vice President
State of Illinois,County of Gook,ss:
On this 2nd day of April,2002,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and
say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of The Continental Insurance Company,a New
Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed
the above Instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that
they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to
like authority,and acknowledges same to be the act and deed of said corporations.
"OFFICIAL SEAL" r
DIANE FAULKNER
Notary pwic,State of Illinois
My Commission Expires 9/17/05
f
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CERTIFICATE
1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's
Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth is
still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof Is still
in force. In testimony whereof 1,have hereunto subscribed my name and affixed the seal of the said corporations this 7th _ day of
September 2004 .
The Continental Insurance Company
Firemen's Insurance Company of Newark,New Jersey
Mary A.Ribikawskis Assistant Secretary
(Rev. 10/11101)
Au,,#orizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 13th day of January,
1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
a
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
ADOPTED BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE.COMPANY OF NEWARK,NEW JERSEY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January, 1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby is,authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
}
Iii acoordance with tho rw*va � I ance A of-4'2002, we providing 1131$
dWasure notice for bonds and certain,insurance p+ahics, on 'which one or more cif the
itil
Ig Companies identmed, low is the surety or insurer.
14-principals,on bonds and Insureds on stain wtsurante palcias Witten by any one
or�wore+ tho'foftowizo compies (collectively-the "Writing Companies") as suety
or ",W"tomsufet a pau "iniversa�l.suety cif: e>�[�8, Surety Bonding
taE +ori e, � sua l r C a t�Yx A a tana insurance
n o American aaltty parry �adin , A,
The Bremen's
lue pre�t x .4, tfibls woovoap .tar ox ist acts COAM ed under the Act was.
z �
The VWWStates will pay ninety percent {00°fin}of;covered terrorism leases exceeding'
tete app :cable,suretylinsurer deductible.
r-OM OMO
1
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR
DATE: November 30, 2004
SUBJECT: A roving the Subdivision A reement Ri ht-of-Wa Landsca in for DA 03-00033.
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS}:
ADOPT Resolution No. 2004/ 601 for DA 03-00033 (cross-reference Subdivision 8500, approving the
Subdivision Agreement (Right-of-Way Landscaping) for Windemere Phase TV Mitigation Creeks E & G, being
developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUNDIREASPNJSI FOR RECOMMENDATION(S):
DA 03-00033 has been reviewed and processed by Public Work's staff and meets all applicable Conditions of
Approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right-of-Way Landscaping)will not be approved and landscape improvements will not
be completed.
Continued on Attachment: SIGNATU
COMMENDATION OF COUNTY ADMINISTRATOR
COMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SI NAT RE :
ACTION OF BO ON NOVEMBER 37, 2004 , APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VO'L'E OF SUPERVISORS date shown.
XX UNANIMOUS(ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: NOVEMBER 30. 2004
G3-04033 t}rder.doe JOHN SWEETEN', Clerk of the Board of
G:lC�rp�atativngSvslB[}125704111-30-441DA
Orig.My: Public Works(B$) Supervisors and County Administrator-
Contaet. "Teri Ric(3332363)
cc: Pubic Works _ T_Bell,Cousbvcticn
1,Ysmael,EngLteering`aeMoes
T—5epterabor 30,2005
Windemere BLC Land Company,L.L.C.
Brian Olut
3130 Crow Canyon Plaot,#310 By .�..�, Deputy
San Ramon,CA 94543
The Catninentai 3nsuranct Cumpany
P.4,Box 9465413
Maitland,FL 32494-5540
Atm Panicia H.Bsebntr