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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-710 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 � �►I�Ur�Ol�l`1�t3. 2C�t}51 SUB7E"CT: ,Approving the Drainage Improvement Agreement for DA 4-00050(cross-reference Subdivision 03-08508),being developed by W'indeere BLC Land Company,LLC', San Ramon(Dougherty Valley)area. (District III)' The following!document was presented for Board approval this date for Subdivision 03-08508, drainage acceptance file DA 04-00050,property located in the San Ramon(.Dougherty Valley)area, Supervisorial DistrictIII. A drainage improvement agreement with Windemere BLC Land Company,LLC,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of drainage improvements. Said document was accompanied by'security to guarantee the completion of drainage improvements,as required by Title 9 of the County Ordinance Code, as follows: Originator Public works(ES) T hereby certify that this is a true and correct copy of an action taken '.. Contact: Terixie(3t3-2363) and entered on the minutes of the Board of Supervisors on the date 1 k:ffn G:WApl)at4lEugSSvt1B012005111-0MA04-0050SO-20,doe shown. cc: Pubic Works- T.Bell,Construction T—August It,2005 ,,�► Windemere BLC Land Company,LLC ATTESTED:./ +t�tG '' �►' est 1 ,, taCT e5"3t$"- 6121 Bollinger Canyon Road,Suite$00 San Ramon,CA 94583 JOHN SWEETEN,Clerk of the Board of Supervisors and County Attu:Brian Olin fidelity and Deposit Company of Maryland Administrator 801 North Brand Blvd.,Penthouse Ste Glendale,CA 01203` Ann:Jeri Apodaca By ,Deputy RESOLUTION NO.20051 SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00050(cross-reference Subdivision 03-08508),being developed lay Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area.(District ' DATE: November 1,2005 PAGE: 2 I. Cash Bond Performance Amount: $3,300.00 Auditor's Deposit Permit No. DP451038 Date: September 12,2005 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-329-15-16 Il. Surety Band Bond Company. Fidelity and Deposit Company of Maryland Bond Number and Date: 08821665 July 26, 2005 Performance Amount: $329,700.011 Labor&Materials Amount: $166,500.00 Principal: Windemere BLC Land Company,LLC NOW, WHEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED: All deposit permits,are on File with the Public"Works Department. a DR AGF IMPROYMMI AQREMd Subdivision: DA 04�Q 50(x-ref Si B,8508) Effective Date: Developer: Windemem BLC Land Compiny.LLC Completion Period: 2 year WINDEMERE BLC LAND COMPANY,LLC A California limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT`HERETO: By:LEN-OBS Windernere,LLC, A Delaware,limited liability company CONTRA COSTA COUNTY DEVELOPERManaging Member Maurice M.Shiu,Public Works Director By Lennar Homes of California,Inc., 4 Mansg�mgMe Member By: {signs RECO UP (print Ana;me&title)Pau 4. r,ASsst.Se�cretary VAL By: (signature) A Engineering SRces DiAsion (print name-&name e) b4nson,Vice President FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledga If DeveloW is incorporated,signatures mun conforni with the designated representative groups pursuant to Corporations CodeS313.) 1. PARTIES-&DAM.Effective on the above dam,the County of Contra Costs,California,hereinafter called"Cogun-Z"and the above-named Develo ,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costs County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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 Developer shall provide as security to the County: A. For PerfbM=�§and.Guarantee: $ 3,300.00 cash,plus additional security,in the amount of$ 329300.00 together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented inthe form of Cash,certified check,or cashier's check. X Acceptable corporate surety bond. — Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 166,560.00which is fi ifty 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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for aperiod of one(I)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN'WARRANTY. Developer 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 development. If,at anytime 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval ofwork 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 wholeorany part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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. Theliabilities 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 causingliability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,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 indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any.Indemnity, 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer 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 complete and/or maintain the work by contract or otherwise,and Developer 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. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing ormaintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to'a'city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. RUW \\PWS4\SHARDATA\GrpData\PrrgSvc\Fomis\AG WORD\AG-17.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Ck J_C' C ss. County of OS"T'A On S C-,0-4T before me, �vF u Date Name and title of Officer(e.g.,'Jane Doe,Notary PuNje) personally appeared `1c>E�7 t'►►2Sbt,J #'R St. A3('�K ..-"' Name(s)ofSigner(s) N personally known to me. 0 proved to'me on the basis of satisfactory evidence to be the person(s) whose name(s)-+e✓are KAREN L K>EENAN subscribed to the within instrument and CoRwn sdon i 1378827 acknowledged to me that he/sheitthey executed wort'Piut4c-ctoomic the same in hislill r/their authorized Coroto Costo County capacity(ies), and that by !list!,r/their Corrrn'. CctZ signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS y hand a offi i seal. -Signature of art'Pu61ia OPTIONAL Though the information below is not required bylaw,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 Date: Number of Pages: Signer(s)Other Than Named Above: Capacitypes) Claimed by Signer Signer'sName: ❑ Individual Top of thumb'here r ❑ Corporate Officer—Title(s): El Partner ❑Limited ❑General Q Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0.1999.National Notary Association•9350 De.Soto Ave.,P.D.Box 2402-Chatsworth,CA 91313.2402'•www.nationainotary.org Prod.No.5907 Reorder:Cell Toll-Free 1.800-876-6827 O POW PIRMiT OFFICE OF COUNTY AUMM-CONTROLLER , TOMTHE TREASUREt: MARTINEZ,CALIFORNIA / RECEIVED FROM ORGANIZATION NUMBER (For Gash Collection Procedures see County;Administrotor's kfistin 105.); DESCRIPT04 FUNDX*G, SUL TASK OPTION ACTIVITY AMOUNT $Te t pr,J) jlt f' �f..n_ `" ""� ^ tt�."rf'�� ! ry r !/ j.�t?li:? I1 1 1 t - -A tf� '7, ' 1 i 1t )I ` . J ,,e;`.`t �n �•'d l ` r, if4 ti~ r c' `Fy r ( i1 It b' � i' � �''ftiC :j • t 1 {1J �`•'Lt rW n.• "' ''�' ..v r `. if t° f i fit ' ' ! )1 4-4 .. f )lJ 141✓y EXPLANATION y/ J TOTAL $, - l i� ��' f�^-r ! tr. , ✓ i DEPOSIT i /J Deposit consists of the iowing items I " COIN and CURRENCY $ CHECKS.M:Gk,ETC, $-- i I r! t i3ANK DEPOSITS $ FOR AUIWOR-CONTROLLER USE ONLY DEPOSIT PERMIT pp NUMBER 1K DATE ? 3k, �., ASSIGNED Tie amount of moray desanbed abaft is for Treasurer's receipt of above amount is apprav+ed, Receipt of above t is hereby.. deposit into 40 C N y Treasury. v r 5igrecl,�'�- �( .�.i,,,,�, � ,t--=r�•. ��r'���"'�"13C.�/ ..t."'L'r��''� � =' ''r r TiN r"1 ft. f 'i f S t' EXT. .n -• I z fSivwDeputy County Auditor DqI ty tounty Treasurer b-34 REV..(7-93) tt DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TC)THE TREASURER. MARTINEZ CALIFORNIA RECEWD FROM / ORGANIZATION NUMBER • - r � � lel (For 'Cash Collection Procedures sea County Adrr"ttotor's Bulletin 105,) DESCRIPTION FUND/IORG. A�. TASK OPTION ACTIVITY AMOUNT :Z. 4',� � "` "J �� y ! � t ,rl��",..,J •�J'�j f� i1 f:._' `,•�_ ,/ { t r!` �1�....�� (� t rJ �z"; � � "^y ;" r'"1 J`�t' ~..✓'�lf� ,�''f7Z � � if 1 tat Ll r R' t ✓�.. y i / I I I I I I t r EXPIANATIOht: TOTAL I DEPOSIT r Deposit consists of tIva following items COIN and CURRENCY $ CHECKS,MA,ETC. $ BANK DEPOSITS t FOR AUDITOR-CONTROLLER USE ClN[:Y • DEPOSIT ` �' NUMBERPERMIT dp DATE --c —�f ASSIGNED The amount of more y described above is for Treasurer's receipt of above omount is fid. Receipt of above amount is hereby deposit into the County Treasury. acknowiedged, Date = c11<'i r ,�`—'y' r.. ti Signed Tide i!'. `. (, .r x. EXT. I` J Deputy Cly:Auditor Deputy County treasurer D-34 REV.{7-93} ._, COUNTY OF CONTRA COSiTA'- GENERAL R'ECEI'PT f r . �. �U• �,' THIS COPY IS G 1189F59- DEPT: C V NOT A RECEIPT t DOLLARS$ 00 S70 FOR r (� l'� '''� �C�t� -- (,�� U� �'t`��+tit,/ic.�f 't��-:1:: "r-- j`�c=s1 ��i2vi'r'(.,�• r'�-+��"�.7 '�/��•-r�-L CASH ACCT. BAL. RECEIVED FROM CHECK AMT. u i-lt. �; s,�• C.. �,,+r:i% l._R�Yb.,�3Q�'� -C �-(—', PAID MONEY BAL.- ORDER DUE By: (D57,REV.7/99) .. .............................................................................................. 819800-0800: G1189846, $1 .500.00, DG 04-00049, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Son Ramon, CA 94583 819800-0800: 61189848, $3.500.00, bG 04-00049, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189850, $5,300.00, PA 05-0024, Cash Bond, Windemere BLC Land Company, LLC, 6221 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 8198000800. G11898521 $53,200.001 RA 04-01171, Cash Bond, Windemere BLC Land Company, LLC, 6121 Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583 8198000800. G1189853, $1,000.00, RA 04-01178, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189855,.$4,200.00, PA 05-00023, Cash Bond, Windemere BLC Land Company, LLC, 6121 Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800. 61189857, $23.000.00,RA04-01175, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, Son Ramon, CA 94583 819800-0800: G1189859, $3.300.00,D&04-00050, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800; G1189861, $43.300.00,PA03-00015, Cash Bond, Windemere BLC Land Company, LLC, 6121 Ballinger Canyon Rd., Suite 500, Son Ramon, CA 94583 0649-9665 / 112300: G1189862, $90,000.00 PA 03-00015, , Landscape InspectionFee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189815, $102,800.00, RA 04-01175, Cash Bond, Windemere BLC Land Company, LLC, 6121 'Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 611898221 $30500.00, Sub 05-08925, Cash Bond, Windemere .BLC Land. Company,_ LLCM 6121_ Bollin er_Caon_Rd , Suite 500, _ San Ramon, CA 94583 819800-0800: &1189828, $20,700.00, Sub 05.08924, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800 611898331 $27,900.00, Sub 035-08926, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: &3189838, $2,300.00, Sub 05-08926, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189840, $1,700.00, Sub 05-08925, Cash Band, Windemere BLC Land Company, LLC, 6221 Bollinger Canyon Rd., Suite 500, .San Ramon, CA 94583 819800-0800:G1189842, $1,800.00, Sub 05-08924, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 504, San Ramon, CA 94583 819800-0800: 61189844, $5,800.00, DG 04-00048, Cash Bond, Windemere BLC Land Company, LLC, 6221 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300, G1189843, $11,700.00, Sub 05-8924, Landscape Improvement Inspection Fee, Windemere BLCLand Company, LLC, 6121 Ballinger Canyon Rd., Suite'500, San Ramon, CA 94583 0649-9665 / 112300: G1189845, 29,400.00, DG 04-00048, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300. G1189847, $10.300.00, D6 04-00049, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583` 0649.9665 1112300: G1189849, $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: G1189854, $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: 61189856, $22.300.00, PA 05-00023, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61189858, $107.200.00, 'RA 04-01175, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61189860, $18,500.00, DG 04-00050, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0682-9752 ! 139200: 61189425, $309'',493.55, Sub 8381, COA'S 80, 86,870,105,106, 107, Danville Tassajara Ptrs LLC, 6121 Bollinger Canyon Rd, Suite 500, San Raman, CA 94583 0682-9752 / 139200 61189426, $6,500.00, Sub 8331, COA #118A, Construction of bus stop shelter , Danville TassajaraPtrs, LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA`94583 06 -16-6-5- f 11230Q: G11898S7r. 403, A �?4-t��17 Rad_ .. Acceptance Inspection, Windemere BLC Land Company,'LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61189825, $100,000.00, Sub 05-08925, Subdivision Improvement Inspection Fee, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, 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 Ramon, 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 Ramon, CA 94583 0649-9665 / 112300: 61189839, $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, $11.300.00, Sub 05-08925, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 EXECUTED IN, DUPLICATE Development: DA 04-00050(x-red 51M 8508) Sand No: 08821665 Pxemium:$3,132.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (Performance,Guarantee, and Payment) (California Govcmment Code §§ 65499-65499.10) 1. REMAL op DIi.AINACE IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement %dth the 'County on Contra Costa, California to install and pay for drainage and other improvements DA 04-0005,0(x-red`SU8;,.8$08 and to complete said work within the time specified for completion in the Drainage Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: d re B tC Land Comnany,LLC ,asPsincipAl,and Fidelity and Deposit Company of Maryland .a corporation organized existing,under the laws of the Stateof MArvland and authorized tonnswt surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,executors, administrators,successors and assigns to the County of Contra Costa, Californiato pay as follows: A. Performance: Three Hundred'11v t Nine and Seven Hun and 001100 ($ 329,700.00 )for the County of Contra Costa or any city assignee under the above County Road Improvement Agreement,plus B. Payment: Qrie-Hundred SixtySix Thousand Five Hun red a 001 '00 ($ 1666 500.00 )to secure the claims to which reference is made in Title 15 §§et seq. 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 bonded Principal or heirs,executors,administrators,successors or assigns shall in all things stand to and abide by well and truly keep and perform the covenants,conditions an provisions in the said agreement and any alteration thereof made as therein provided on it or its part,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)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.obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorneys fees,incurred by the County of Contra Costa or city assignee in successfully enforcing such obligation, all to be taxed as costs'and included in any judgement therein rendered. a. The condition of this obligation, as to Section 2.(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 men and other persons employed in the performance of the aforesaid agreement and refe7red to in the aforesaid Civil Code, for materials famished,labor of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorneys fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court all 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 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give aright of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully perfocmcd, then this obligation shall become null and void; otherwise,it shall be and remain in full force and effect, C. No alteration of said Drainage Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve, any Surety from Iiability 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. a. SIGNED AND SEALED: The undersigned executed this'docutnem on July 26, 2005 mpa, Fidelity and DepositCompany PRINCIPAL: See attached signature page SURETY: of Maryland Address: 6121 Bollinger Canyon Rd. , Ste. #500 Address: 801 North Brand Blvd. , Penthouse Suite City: San Ramon, CA 94583 City: Glendale, CA 91203 By: By; 6 All- ll- Print Name: Print Name: Jeri Apodaca' Title. Title: Attorney-In-Fact Attorney-in-Fact ma ttiY.vS tSiu.ytDw't wtGrvp+wEn,S<1$amcl6N WORD%aN-10.40e Riv9u7�4d1�;:t9s0! WINDEMERE'BLC LAND COMPANY,LLC.,a California limited liability company By:LEN-OBS WINDEMERE,LLC.,.a Delaware limited liability company,its Managing Member By:LENNAR'HOMES OF CALIFORNIA,INC'.,a California Corporation,its Managing Member By:_ ),I n,414- Greg o' i,Vi cj''President By: :xx�O—k' Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 27, 2005 before me, Dina Prints, Notary Public, personally appeared Greg Pomi and Dee;Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witnessmy hand and official seal. „ DINA PRINTY Y Commission# 1453610 r +d► • 'Notary Public•California Orange County My Comm.Expires Nov 28,2007 OPTIONAL Though the data below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent'reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Greg Pomi —Vice President Lennar Homes of California Inc. Dee Baker -Assistant. Secretary Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 08821665 Number of Pages: Three (3) Date of Document: July 26. 2005 th Signers (other than ose named above):Jeri Apodaca CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Califormia County of Orange On July 26 2005 before me, Rosa Estela Rivas,N<Aary Public' DATE NAME;TITLE OF OFFICER-E:G.,-JANE DOE,NOTARY PUBLIC personally appeared Jeri Apodaca NAME($)OF SIGNER($) ®' personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by:.his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ., ROAELA RIVA COMM.# 1447661 NOTIFY PUBLIC CALIFORNIA WITNESS my hand and official seal. ''GRANGE.COUNTY My co it;{.expires Oct.28,2007 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 ATTACHED DOCUMENT [� INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL Z ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES Q OTHER:' SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-40671GEEF2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Rammet Ave.,P.O.Box 7184•Canoga Park,CA 81309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d te,constitute and appoint Teri APODACA,of Irvine,California, its trueand lawful a e ac e,execute,seal and deliver,for,and on its behalf as surety,and as its act and dee s " and the execution of such bonds or undertakings in pursuance of these r any,as fully and amply,to all intents and purposes,as if they had been ac gularly elected officers of the Company at its office in Baltimore,Md.,in0� p r e a orney revokes that issued on behalf of Jeri APODACA dated 7, The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By ° iy,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND •i` �a► yiy o� By: T.'E. Smith Assistant Secretary Paul C:Rogers Vice President State of Maryland ss: City of Baltimore On this 14th day of April, A.D. 2003, before; the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and,officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn,severalty and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J ................ ........... ............................ ............ .................................................................................................................................. ............. .............. .....................................................;............................................................................................ ...................... ...... EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2. The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 26th day of July 2005 Assistant Secretary . ....................... ..................... ................................ .............. . ........................... ZURICH THIS IMPORTAI't DISCLOSURE NOTICE IS PART OF YOUR %)NI Fidelity and Deposit Company of"Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and.Ame6can Ouarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk C11surance Act of 2002. No action is required on your part Disclosure of Terrorism Premium- The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is $—waived. . This amount is reflected in the total.premium for this bond.'; LXselosure©f Availability of Coverage for Terrorism Losses As requiredby the.Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of federal Share of Io-pi ance'Corrroanv'_s Terrorism Lasses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance,company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1% of direct earned premium.in the prior year, for 2003, 7%of direct earned premium in the prior year; for 2004, 10%of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from: policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism lasses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines"act of tevorism"as any act that is certified'by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United Staten 1. to be an act of terrorism, 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in dautage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed,.by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Bu4 no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers` compensation)or property and casualty insurance losses restalfing from the act, in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond, Copyright'Zurich Atnerican insurance Company 2003