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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-708 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 1, 2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None REStLUTON 10. z00. sr d SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for DA 04-00049 (cross-reference Subdivision 04-08923), being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for DA 04-00049 (cross-referenceSubdivision 04-08923), located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within two years from the date of said agreement.Improvements generally consist of landscaping. 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: $3,500.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 451038 September 12, 2005 TF-rm I hereby certify that this is a true and correct copy of an Originator: PgSvclBorks(Ei 1 Ol\DA 04-00049 BO-16.doc 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 Current Planning,Community Development ���'� T-August 11,2007(Pt) ATTESTED: dJ c�--r'd1�, r�c g- Windemere BLC Land Company,LLC 6121 Bollinger Canyon Rd.,#500 JOHN SWEETEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:B.Olin Arch Insurance Company 135 N.Los Robles Ave.,#825 Pasadena,CA'91101 CPV Attn:Rosa E.Rivas By Deputy RESOLUTION NO.2005/ _7 00 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for DA 04-00049 (cross-reference Subdivision 04-08923), being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: November 1, 2005 PAGE: 2 II. Surety Bond Bond Company: Arch Insurance Company Bond Number and Date: SU5015802 July 13, 2005 Performance Amount: $348,600.00 Labor&Materials Amount: $176,050.00 Principal: Windemere BLC Land Company, LLC 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. e SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§65462 and§66463) Subdivision: DA 04-00049(cross-ref SUB 8923) Effective Date: t a Subdivider: Windernere BLC Land Company,LLC Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO WINDEMEItE BLC LAND COMPANY,LLC A California limited liability company CONTRA COSTA COUNTY SUBDIVIDER: By:LEN-OBS Windemere,LLC, A Delaware limited liability company Maurice M. Shiu, Public Works Director _ Managing Member By:Lennar Homes of California,Inc., Mana 'ng Member t. By: U4 X'' _7�t4 (signature RECOMMENDED FOR APPROVAL; (print name&title)Pau n r Asst.Sedreduy By: ov� (signature) Engineering Services vi on (print name&title)I7onarson,Vice President 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 tailed"Coup and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision 2. IMPROVEMENTS. Subdivider agrees to install certain roadimprovements(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 period 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 supedorto the requirements of the County Ordinance Code and rulings made thereunder; and where there Is a conflict between the Improvement pians and the County Ordinance'Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURITY: Upon executing this Agreement,the Subdivider shall,pursuant to Government'Code§66499,and the County Ordinance'Code,provide as security to the County: A. . For Perforrnance and d Guarantee: $�_ 3.500.00 cash,plus additional security,in the amount of J $ 348.600.00 which logethertotal one hundred percent(100%)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 guarantees performance underthis Agreement and maintenance of the work for one year afterits completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. . B. For Payment: Security in the amount of$_ 176.050.00 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 labor 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 securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdividerguarantees 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 accepts the work as ccmpiete in accordance with Article 86-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road Improvements for private roads which are not to be accepted into the County road system. 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 as 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 PLAN WARRANTY.°Subdivider warrants the improvement pians 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 before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvementpians 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 work 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 shail 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 benefitted 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 orthreatened 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 anysuit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this 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 any plan(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 partly form any negligent orwillful misconduct of any Indemnity. 9. TS: 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 AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work, the County may proceed to completeand/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, surveys,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. :kw lap G.1GrpData%EngSvaoms%AG W0RD\AG-3QA.6oc Rev.May 18.2004 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra'Costa On July 12,2005 before me,Kaaren L. Keenan,Notary Public,personally appeared .Don Larson& Paul J. Menaker,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 capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. KAREN L. KEENAN convriAsion# 1373827' Notary Pubft ='Coif"010 Si ature of Nody Public Contra costa County corner'+.E 00 7, DEPCtM P MIT OFF OF COUNTY AUDITOR-CONTROU.ER MARTMZ,CALPORNIA rO THE TREASURER: tECEIM FROM {J, ORGANIZATION NUMBi~R °� (For Cady Caiec ion Pagtadures area County;Administrator's Bulletin 105.) DESCRIP71ON FUND/)RG` Sulk TASK OPTION AC7Nt7Y AMOUNT $ Tr� i .. L __......_ — _... _�...---- .{f •� ✓ .,.rf. r 1• (: ,,.y, 3 t is 06 i I t' ,,, 't f•1 r"' f r � r i �AJ A4, '�Y K��/'' �) ", L-L_7U ? lr r ;f' r�tittr"'.r,J iif? f"{ 1.. t I.'7. J: � C:�.'/ •_,� t LF 1'= x •,. r yr,,,y _/ � .} � ..f� qtr,f.. I EXPLANATION: TOTAL $ DEPOSIT G! 7 4.` Y Deposit awisists of the flawing items +' :f l7 l/ ` / / / " , f=✓ �, COIN and CURRENCY $ CHECKS,M Ck,ETC p r r 0, BANK DEPOSITS S FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER` DATE' . 9 �l 1 ASSIGNED' The amount of money domed above is for Treasurer's receipt of above amount is approved- Receipt of above ss hereby deposit into the County"ireaa�ur y ac .�,• Date f/ y L' EXT �! `f Deputy County Auditor Deputy County Treasurer o-34REV.(7.43) � � �# 1 000SIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,-CALIFORNIA TO THE TREASURER: f ;� RECENED FROM ORGANIZATION NUAAEIERkb r 1 I1 (Few Cash Colection Procedures we County Adrriirristrator's SuleM 105.) DESCRIPTION FUND/OkQ SUiL TASK ACTHAMOUNTACT CCv r��, tT I . I t i n l:'ff`J � ''.. y-Z i. _ 1 7 ! i t i I i i EXPLANATION TOTAL 5► r DEPOSIT I Deposit consists of wing items COIN and CURRENCY $ CHECKS,MA„EX $ BANK DEPOSITS $ FOR AUDITOR-CONTRCU R USE 011CY 211 li DEPOSIT PERMIT UMBBER 1�P DATE 1 f I J } ASSIC44EC7 i-=-�- The amount of mormy,described above is for Imammes receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Signed. T'>tie r ' J t. ;i v EXT. Deputy Coemty Audit- Deputy County Treasurer r. D-34 REL!(7-43) � l COUNTY OF CONTRA COSTA'- GENERAL RECEIPT p 7 oq 'n -' � THIS COPY IS G 1 1 8 9 8 4 E DEPT: ' jp f ""� NOT A RECEIPT h d'(" DOLLARS$ -31 FOR C'7 000q a ars L4 ck a0 r v,Z_ 4� CASH ACCT. BAL. ` RECEIVED FROM t CHECK AMT. VJ t'�--0 t-E` t� L C 6✓'d � L G PAID ` MONEY BAL. ORDER DUE BY: c� (D57;REV.7/89) 819800-0800: 61189846, $1,500.00, DG 04-00049, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94563 819800-0800: 61189848, $3,500.00, DG 04-00049, Cash Bond, Windemere SLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 819800-0800: 01189850, $5.300.00, PA 05-0024, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-08130: 01189852, $53,200.00, RA 04-01171, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800-- G1189853, $1.000.00, RA 04-01178,-Cash'Bond, Windemere RLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189855, $4,200. PA 05-00023, Cash 'Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 9456 819800-0800: G1189857, $23.000.00,RAO4-01175, Cash 'Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94563 819800-0800: G1189859, $3,300.00,DG04-00050, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 61.9800-0800: G1189861, $43,300.00,PA03-00015, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 0682-9752 / 139200: 61189425, $309.493.55, Sub 8331, COA'S 80, 86,87,88,105,106, 107, Danville Tassajara Ptrs, LLC, 6121 Bollinger Canyon Rd, Suite 500, San Raman, CA 94583 0682-9752 / 139200: 61189426, $6,500.C?0, Sub 8331, CUA, #118A, Construction of bus stop shelter , Danville Tassajara Ptrs, LLC, 6121 Bollinger Canyon Rd, Suite 500, San Raman, CA'94583 4649-966 J 21"MO;... ,acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 34583 0649-9665 / 112300: G1189825, $100,000.00,.00, Sub 05-08925, Subdivision Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Raman, CA 94583 0649-9665 ! 112300: 61189831, $96,700.00, Sub 05-08924, Major Subdivision Improvement Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Raman; CA 94583 0649-9665 / 112300: 61189836, $100,000.00, Sub 05-08926, , Major Subdivision Improvement`Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Raman, CA 94583 0649-9665 1 112300: G1189839, $13.600.00, Sub 08926, Landscape Improvement Inspection, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61189841, $f1,300.00, Sub 05-08925, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite'500,'Son Ramon, CA 94583 0649-9665 / 112300: 61189848, $11,700.00, Sub 05-8924, Landscape Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,San Ramon, CA 94583 0649-9665 / 1123010: 61189845, $29.400.00, bG 04-00048, Drainage Inspection Fee,; Windemere BLC Land Company, LLC, 6121 Bollinger 'Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61189847, $10,300.00, DG 04-00049, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 0649-9665 / 112300: 61189849, $19,300.00, DG 04-00049, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / ;112300: 61189851, $27,500.00, PA 05-0024, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,'CA 94583 0649-9665 / 112300: &1189854, $5,900.00, RA 04-01178, Road Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583' 0649-9665 / 112300: &1189856, $22,300.00, PA 05-010023, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 0649-9665 / 112300: G1189858, $107,200.00, RA; 04-01175, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 5010, San Ramon, CA 94583 0649-9665 / 112300: G1189860, $18,500.00, DG 04-00050, brainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 0649-9665 / 112300: G1189862, $90,000.00, PA 03-00015, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 8198030-0800: 61189815, $102,800.00, RA 04-01175, Gash Bond, Windemere BLC Land Company, LLC, 6121° Bollinger Canyon Rd., Suite 500; San Ramon, CA 94583 819800-0800: G1189822, $30,500.00, Sub 05-08925, Cash Bond, Windgmere .SLC.Lc ncl_Com any2:. LLC . 6121_Ballinger a ort_Rd,, Suite 5030, San Ramon, CA 94583 819800-0800: G1189828, $20.7003.00, Sub 05-08924, Cash Bond, Windemere SLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 8198030-0800: G1189833, $27,900.00, Sub 05-08926, Cash Band, Windemere BLCLand Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 8298130-0800: 61189838, $2,300.00, Sub 05-08926, Cash Bond, Windemere BLC Land Company, LLC, 6221 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-08130: G1189840, $1,700.,00, Sub 05-08925, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 8198030-0800: G1189842, $1,$00.00,'Sub 05-08924, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd'., Suite 500, San Ramon, CA 94583 819800-0800: G1189844, $5,800.00, DG 04-000}48, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 5030, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivision: DA 04.OQQ49(cross-ref SUB 89231 Bond No.: SU5015802 -- Prem.um:$3,486.00 I ROV-MINT SECURITY BOND FOR'PUBLIC RIGHT of WAY LANDSCAPE AGREEMENT (Performance, Guarantee,and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL of SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other relaxed improvements in DA 04-00049 cross ref SLTB 89231 as specified in the Subdivision Agreement(Right ofWay Landscaping),and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the l;ictal Map or Parcel Map for said Subdivision. 2. OBLIGATION: 'Windexnere$LC IM4 Co an LLC ,asPrinc~igal,ancl Arch Insurance Company ,a corporation organized existing under the laws of the State of .X spuri 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 flundred Port Bi ousand'Six H. e an 00! 00 Dollars($ 348.600.00 l for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: One 1juadred Seventy Six Thousand p'iftyand 00/100 Dollars ($ 176,050.00 } to secure the claims to which reference is trade in Title XV(commencing with Section 3082)of Part 4 of Division M of the Civil Code of the State of California. 3. CONDITION: 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 covenant's, conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its pan, to be kept and performed at the time and in the manner therein specified,and in all respects according to their 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. As part of the oblibxa.t on secured hereby and in addition to the face amount specified therefore,there shall be included costs and'reasonable expenses and fees, including reasonable attorneys fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are heldfirmly bound' unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and atherpersons 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 bond, 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 suchobligation,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 ail persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)ofPart 4 ofDivision 3o the°Civil Code,so as to`give a right ofactionto thernor their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to 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 itself bound without regard to and independently of any action against principal whenever taken. SIGNED:4,ND SEALED on .Tiny 13, 2005 PRINCIPAL: See attached signature block SURETY: Arch Insurance Company Address: 6191 Bollinger Canyon Rd., Ste- 500 Address: 135 N. Los Robles Ave. `#825 City: San Ramon, CA Zip: '94583 City: Pasadena. 'CA "Lip:` 91101 Print Name: Print Name: Rosa E Rivas Title: Title: Attorney=In-Fact n rw�iLSlinR1� 7n GrpUam tsSnFontnySN wORDON-12k a0t WINDEMIERE 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 ornia Corporation,its Managing Member B . Lawrence H.Thompson,Vice President By; Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 14, 2005 before me, Dina Printy, Notary Public, personally appeared Lawrence H.Thompson and Dee Baker, 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'. Witness my hand and official seal. DINA PRINTY Commission#1453610 k r Notary Public California x�r Oran ge County My Comm.Expires Nov 2$,2007 1 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: Lawrence H. Thompson -Vice;President Lennar Homes of;Califomia Inc. Dee Baker-Assistant. Secretary Lennar Homes of California Inc. DESCRI'PTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. SU 5015802 Number of Pages: Three (3) Date of Document: July'13, 2005 Signers (other than those named above):Rosa E. Rivas CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT No.8907 State of California County of Orange On July 13 2005 before me, Rhonda C.Abel, 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) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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 my hand and official seal. r- RHONDA C.ABEL E COMM.# 1312777 sA NOTARY PUBLIC-CAL#FORNIA ` SIGNATURE OF NOTARY t ORANGE COUNTY Cf COMM.EXP.AUG.4,2005 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) Fj PARTNERS) ® LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER`. SIGNER IS REPRESENTING'. DATE OF DOCUMENT NAME OF PERSON(S)OR''ENTIT`!(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remrnet Ave.,P.O.Box 7184 Canoga Park,CA 91309-7184 POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abet,Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelie Rheault,Ashley Ward, Grace Reza and Rosa E Rivas of Irvine, CA(EACH) Its true and lawful Attorneys)-in-Fact, to;make,:execute, seat, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein.' The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance,of these":.presents. shall be as binding upon the said Company as fully and amply to all intents and purposes, as if t6 same"had:heeia;duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,Missouri. ; This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3,'2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board, the President, or any Vice President,.or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in`-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and flied with the Secretary, and the signature of the Vice President,the seat of the Company,and certificationsby the Vice President, may affixed by facsimile on any power of attorney or bond executed pursuant.to' the resolution adopted by the Board of Directors'on March 3, 2003, and any such power so executed,sealedand certified with respect to any bond or undertaking to which'it is attached,shall continue to be valid and binding upon the Company. 00MLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed ;)y their authorized officers,this 14th day of June ;2005 Arch Insurance Company Attested and Certified once' C APOPATE SEAL 1977 Zeal- �4t=4� Mary Jea An rsan`;'tfice President Edward M.Titus,Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kate Marcinkus, a Notary Public, do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known to me to be the same persons whose names are Vice Presidents`'of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before . me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation`and as their awn free and voluntary acts for the uses and purposes therein set forth. NOTARIAL SEAL �. �' KATHLEEN MARCiNKLIS,Notary Public Cit of,Philadelphia,Phila.Count Kathleen Marcinkus�Public M ComrniWon Expires February25,2006 My commission expires 2-25-06 CERTIFICATION 1, Mary Jeanne Anderson, Vice President of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated June 14, 2005 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, i have hereunto subscribed my name and ixe #ndertakings orate s J Arch Insurance Company on this 13th day of July 2005 . Mary Berson,Vice President This Power of Attorney limits the acts of those named therein to the bonds and specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors&Developers Group 135 N.Robles Ave.,Ste.825 Pasadena,CA 91101 rnoe'ORATE 7'1 {�.. tlfosord 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. .. IMPORTANT NOTICE CONCERNINq THE TERRORISM RIS INSURANCE ACS" OF 20,02 Ttie Terrorism Risk Insurance Act of 2002`astablishes emechanism by which the federal,govemment will.share, with the insurance industry, in losses arising out of ,acts of terrorism" certified as such by the Secretary of the Treasury. "Certified acts of terrorism"are defined as events that cause more than $5 million in losses and; 1. Are Violent or dangerous to humsn life, property, or the infrastructure; 2. Result in damage within the United States, on a United States mission, or to a United States aircraft or vessel, and 3. Are committed by individuals, acting on behalf of foreign persons or interests, as part of an effort to Goeroe the civilian populatlon of the United States or to influence the, policies or conduct of the United States Government, The Act;specifies that coverage for "certified acts of terrorism" must be made available in commercial property and casualty policies of insurance,,and it requires insurers to disclose-any aipplicable premiurn charges and the federal share of compbrisation. We are making these disclosures in strict corripliaooe with the Act. Disclosure of Availability of Coverage for T'errodsrn Losses Coverage for losses resulting;from"'certified acts of terrorism" is being made available to you on terms, amounts, and limitations generally.applicable to losses resulting from perils other than acts of terrorism. Disclosure of Federal Shure of Compensation for Terrorism Losses The federal government will pay a;30% share of an insurer's terrorism lasses since the insurer has satisfied a significant aggregate annual deductible. For terrorism losses: occurring in 2002, that deductible is 1% of the insurer's 2001'' direct earner! premium. For losses occurring in ;W3; 9004 and 200 , the annual insurer deductiblesare 7%, 10% and 15% of the.prior year"s direct earned premium, respectively. The Act provides that neither insurers nor the federal government are responsible for losses associated with "certified acts of terrorism" once aggregate annual insured losses exceed $100 billion. Disclosure of Terrorism Insurance Premium Your Bond premium charge for"certified acts of terrorism" coverage is$ 0. SR 80 37 (Ed. 11 02) Page 1 of 1 Printed in U.S.A.