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Home My WebLink AboutMINUTES - 09242002 - C.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002,by the following vote: AYES: Supervisors Uil'cema, Gerber, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 5 6 3 SUBJECT: Approval of Road Improvement Agreement for Phase 1B Windemere Backbone Roadways, RA 1123 (cross-reference Subdivision 7976) being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for Phase 1B Windemere Backbone Roadways,Road Acceptance file RA 1123 (cross-reference Subdivision 7976)property located in the San Ramon(Dougherty Valley) area, Supervisorial District I.Q. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of roadway and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action WL:cw taken and entered on the minutes of the Board of Supervisors on G:�GtpData\agSvc\BO\200219-17-02\RA 1123 BO-15.doc the date shown. Originator: Public Works(ES) Contact: Warren Lai(313-2408) ATTESTED: 'September 24, 2002 co: Pubic works- T.Bell,Construction JOHN SWEETEN Clerk of oarou ervid County anour Current Planning,Community Development JOHN kf the Board Supervisors t3' T—Ione 2003 Administrator Windemere BLC Land CorMany,LLC 3130 Crow Canyon PI.,#310 San Rarnon,CA 94598 i Attn:Brian Olin American Motorists Insurance Corr>pany By Deputy 7470 North Figueroa Street Los Angeles,CA 90041 Aan:Patricia H.Brebner RESOLUTION NO. 2002/ 5 6 3 SUBJECT: Approval of Road Improvement Agreement for Phase IB Windemere Backbone Roadways, RA 1123 (cross-reference Subdivision 7976)being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: September 17, 2002 PAGE: 2 I. Cash Bond Performance Amount: $44,330.00 Auditor's Deposit Permit No. DP391439 Date: August 14, 2002 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-329-15-16 IT. Surety Bond Bond Company: American Motorists Insurance Company Bond Number and Date: 3SM04770200,August 8, 2002 Performance Amount: $4,388,670.00 Labor&Materials Amount: $2,216,500.00 Principal: Windemere BLC Land Company,LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20021563 COUNTY OF CONTRA COSTAL;, ; !D)siPOS]lT PERMIT {OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MART1RZZXIFORNbk RECEIVED FROM ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT f s / . �y �LAA j 1 'tiJ � r f - - c r � 1 k i, tis F , i`t ( �. �!% t' 'J } t dJ 1 t rAl ,� s / `fit iQ .. �ox L L 1 J fv� L- 0-6-yi ,4 .rT EXPLANATION: TOTAL $ i t_ DEPOSIT 1 Deposit consists of the following items ,� COIN and CURRENCY $ 0 CHECKS,M.O.,ETC. $ e { BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE �1 f j ° 1 ASSIG The omount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County .Feasury, acknowledged. Signed i - r yf Date % r Signed. `) Signed: J 1 t C ti k x•(��.� Tit#e: `!{• % ' 'y EXT. vt - Coun '''Au or ` p Deputy County Treasurer D-34 REV.(7-93) i COUNTY OF CONTRA COSTA vff ' DEPOSIT PERMIT �f � OFFICE OF COUHTY.i 170R-CONTROLLER `S TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER �7 � (C)rgca�taai6o�} (For Cash Coltection Procedures see County Administrator's Bulletin 106.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCt: ,} - F �` '1 1 41 1 t I I I I f I I I I I I I I I ; �, LrL t # # 1 1 I 1 I f I f 1 # I I 1 f 1 1 1 I I 1 # # 1 # EXPLANATION: TOTAL $ # DEPOSIT # Deposit consists of the following items COIN ani#C-URRf_NCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT , ?� PERMIT ^, NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit intoAhe County"Treasury. 4 ocknowledged. Signed/ of t✓��v ; � ,� ;;::� Date, f Signed: 1 �h . { �. 1 Signed: Title: "(ar ! + .'`/�EX7 Deputy C ty Audit4 Deputy County Treasurer D-34 REV.(7-93) 000649-9665 / 831000: 61093856, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 $11,516.54, SUB 8606 Improvement Plan Check $11_.784.00, SUB 8606 Inspection Fee deposit 828800-0800: G1094041, $1,684.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc,, 100 Park Place, Ste 140, San Ramon, CA 94583 821500-0800: G1094041, $894.0(?, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 819800-0800: 61093848, $14.990.00, SUB 8156 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon ##310, San Ramon, CA 94583 8198# 47 010 It393850, 44,334).E1Q, RA 1123<CahBsnd Windemere BLC Lands P. r C, 3343 Crow Canyon#310{ Sanaor , C ;94 $3 8198000800: 61093853, $16,790.00, SUB 8155 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon ##310, San Ramon, CA 94583 819800-0800: 61093854, $1,841.00, SUB 8606 Cash Bond, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 819800-0800: G1093857, $15,000.00, FC Permit ##617-00 Cash Bond, City of Brentwood, 708 Third Street, Brentwood, CA 94513 arlscn, Barbee 4 & Gibson, Inc. CIVIL ENGINEERS • SURVEYORS PLANNERS BOND ESTIMATE 7/26/2002 BACKBtONE IMPROVEMENTS-PHASE i S JOB NO.:462-00 RA 1123 CONTRA COSTA COUNTY,CALIFORNIA Unit Item Description Quantity Unit Price Amount CONSTRUCTION COSTS STREET WORK-(Windemere Parkway) 1 203mm AC Paving 15,070 M2 $ 42.63 $ 642,434.10 2 214mm Aggregate Base 15,070 M2 $ 25.68 $ 386,997.60 3 361mm Lime Treat 15,070 M2 $ 5.72 $ 86,200.40 4 Concrete Sidewalk 2,400 M2 $ 45.00 $ 108,000.00 5 Wheelchair Ramps 4 EA $ 2,500.00 $ 10,000.00 6 Concrete Bus Turnouts 2 EA $ 10,000.00 $ 20,000.00 7 Traffic Striping and Signing 1 LS $ 20,000.00 $ 20,000.00 8 Street Monuments 5 EA $ 1,000.00 $ 5,000.00 9 Curb and Gutter(51-150) 1,200 M $ 50.00 $ 60,000.00 10 Curb Subdrains 1,200 M $ 70.00 $ 84,000.00 11 Median Curb(A1-200) 1,195 M $ 50.00 $ 59,750.00 12 Median Curb Subdrains 1,195 M $ 70.00 $ 83,650.00 13 Fine Grading (R4V-RIW) 21,750 M2 $ 3.20 $ 69,600.00 14 Electroliers 21 EA $ 4,000.00 $ 84,000.00 Subtotal $ 1,719,632.10 STREET WORK-(Harcourt Way) 15 76mm AC Paving 10,325 M2 $ 15.96 $ 164,787.00 16 183mm Aggregate Base 10,325 M2 $ 21.96 $ 226,737.00 17 381 mm Lime Treat 10,325 M2 $ 5.72 $ 59,059.00 18 Concrete Sidewalk 3,120 M2 $ 45.00 $ 140,400.00 19 Wheelchair Ramps 27 EA $ 2,500.00 $ 67,500.00 20 Traffic Striping and Signing 1 M $ 10,000.00 $ 10,000.00 21 Street Monuments 15 EA $ 1,000.00 $ 15,000.00 22 Curb and Gutter(51-150) 1,610 M $ 50.00 $ 80,500.00 23 Curb Subdrains 1,610 M $ 70.00 $ 112,700.00 24 Fine Grading(RIW-RIW) 16,200 M2 $ 3.20 $ 51,840.00 25 Electroliers 16 EA $ 4,000.00 $ 64,000.00 Subtotal 9?�OFEssia� $ 992,523.00 'BY t>, x 4504 M Exp.3/ /06 °PCALIT: ��i� Windemere 482-00 Bond-003-xis Page i Updated. 7/2&/2002 2603 CAMINO RAMON,SUITE 100 SAN RAMON, CALIFORNIA 94583 • (925)866-0322 • FAX(925)866-8575 — . X Y ` e Unit Item Description Quantity Unit Price Amount STREET WORK-(Albion Road) 26 122mm AC Paving 6100 M2 $ 25.62 $ 156,282.00 27 214mm Aggregate Base 6,100 M2 $ 25.68 $ 156,648.00 28 381mm Lime Treat 6,100 M2 $ 5.72 $ 34,892.00 29 Concrete Sidewalk 1,810 M2 $ 45.00 $ 81,450.00 30 Wheelchair Ramps 3 EA $ 2,500.00 $ 7,500.00 31 Traffic Striping and Signing 1 LS $ 10,000.00 $ 10,000.00 32 Street Monuments 5 EA $ 1,000.00 $ 5,000.00 33 Curb and Gutter(St-150) 990 M $ 50.00 $ 49,500.00 34 Curb Subdrains 990 M $ 70.00 $ 69,300.00 35 Fine Grading (wW-RM!) 9,900 M2 $ 3.20 $ 31,680.00 36 Electroliers 10 EA $ 4,000.00 $ 40,000.00 Subtotal $ 642,252.00 STORM DRAIN-(Phase 1 S Backbone Roadways) 37 Catch Basin (Type A) 1 EA $ 1,500.00 $ 1,500.00 38 Catch Basin(Type A over type 1 manhole base) 32 EA $ 3,000.00 $ 96,000.00 39 Catch Basin (Type A over type U manhole base) 2 EA $ 3,500.00 $ 7,000.00 40 Field Inlets (Type C over type I manhole base) 7 EA $ 3,600.00 $ 25,200.00 41 Manhole (with type t base) 7 EA $ 1,900.00 $ 13,300.00 42 Manhole(with type tl base) 1 EA $ 2,500.00 $ 2,500.00 43 450mm Storm Drain Pipe 802 M $ 225.00 $ 180,450.00 44 600mm Storm Drain Pipe 871 M $ 300.00 $ 261,300.00 45 750mm Storm Drain Pipe 191 M $ 375.00 $ 71,625.00 46 Stub/Plug 8 EA $ 1,500.00 $ 12,000.00 47 Tie to Existing Storm Drain 3 EA $ 1,500.00 $ 4,500.00 Subtotal $ 675,375.00 SUBTOTAL BOND AMOUNT $ 4,029,782.10 10%CONTINGENCY $ 402,978.21 TOTAL BOND AMOUNT(to nearest$1,000) $ 4,433,000.00 INSPECTION FEES(to nearest$1.000) 1 TOTAL INSPECTION FEE ($8,000+4.5%over$100K) $203,000.00 2 TOTAL INSPECTION FEE REMITTED WITH STORM DRAIN $185,000.00 TOTAL INSPECTION FEES(to nearest$1,000) $18,000.00 winaemere 462-00 bored-003.xis Page 2 Updated: 712W200< ZMUMENTA MEN-1 Developer: r'�r�`��%"'�� P�� C, Effective Date: Development: RAI 123 fx-refSLTB 79'761 Completion Period: 1 year Road: Willd r=e JB Backbone Roads t76Vki APER:WINDEMERI BLC LAND COMPANY LLC, A California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:L INI-OSS Windeinere,LLC A.Delaware limited liability Company C(}NI g C(3S 'A!Qbtt y D MILbI'FR By:Len:nar homes of California,Inc., Maurice M.Shiu,Public Works Director Managing Member By � (signature) (print name& itle) Don Larson,Vice President COMMENDED EOR APF'R dVAL By: y (signat z Engineering Servi e Di rtt (print name&Title Lynn Joohinf,Asst.Secretary FORM-AT'MbVED: Victor 3,Westrnan,County Counsel (NOTE; All signatures to be acknov(odgad. if Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) I d PA tTI SS_c Dom.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon and the above-mentioned DMj1_a ter, mutually prornise and agree as follows concerning this development: 2. IMPI2O VEMENTS, Developer 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 development 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). 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. L\iPROVEMENT SECURiT"i'. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. for Performance and Guarantee: S 44.330.QQ cash,plus additional security,in the amount of$438&670,00 which together total 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 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 Pgyment: Security in the amount of$2,216.500.00 which is fifty percent(5{}11/6)of the estimated costof the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S44-4.406 and S94-4.40$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 fora period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 46.4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. l 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 Developer 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. 6. IMPROV,EN IN'T&AN WARRANI- Y. 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 any time before the Board of Supervisors accepts the work as complete or daring the one-year guarantee period,said improvement pians prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish t.,.c 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 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, 8. IINDEMNTTY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The jndea nines 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 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 rot 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 causiniz liabili.ty 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. loon-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 has insurance or other indemnification covering any ofthese matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.. 10. NON-PERFO MANCE 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. Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaitung the work,Developer agrees to pay all attomey's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. IitiTCORPORA ONlAI�dN�XATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement andr`or any deposit,bond,or letter of credit securinxgsaid rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms ofthis agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) _____ County shall allow Developer to obtain building permits for said development,assuming it folly complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,atter the improvements are complete, — Other(requires County Counsel approval WL:cw GrtGzpDatatEngSvc\Wamn\20021.4ugust\RA 1123 AG-24.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGM'EN'T State of i i rn ' r County of Ly �f = � On 2-00,1 before me, Data f Name a-�y t#e of Officer(e.g�"Jane Doe,Not Public") persona Iy appeared ,ir�z t 3 �. n, ' 'r RM6(e)of&gr r(s) personaily known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)flare subscribed to the within instrument and acknowledged to me that hel4shelthey executed the same in hie{ /their authorized capacity(ies), and that by I�erltheir signature(s)natures on the instrument theperson(s), DEBRA) Sk�c�VJ�3C3C� � ( ) s cr� 4 1 ? 2 or the entity upon behalf of which the person(s) acted, OTARY PUBLIC-CALIFORNIA� ANTRA COSTA COUNTY�} executed the instrument, coir. .ruLY; ,2 5 WITNESS my hand and official seal. Signature of Notary..ubkc }` V>QT/ NA L AJ�{i Th o ug h the inforrrmlibn below is not required by tan, f may prove vaivable to persons relying o the document and could prevenr fraudulent removal and reattachment of this form to another document. : Description of Attached Document . ri Title or Type of Document: c Document Date: Number of Pages: y r� y` Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Y{ ❑ Individual ❑ individual ❑ Corporate Officer El Corporate Officer Title(s): Title(s): f ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Pact X ❑ TrusteeL71Trustee Guardian or Conservator ❑ Guardian or Conservator ` -1OOther: F El Guardian o 'hu n�here ❑ Other: op of triumb here Signer Is Representing: Signer Is Representing: to a 1995 National Notary Association=8236 Rennet Ave.,F.O.Box 7184=Canoga Pari,CA 91309-7184 Prod.No.5907 Reorder:Call Tofi-Free I-800-878-8827 Barad 'bra.: 3SM 47_Z"D _._.. Developmeat. A 1123 ix-ref SUB 7976 Premium: $21,944.00 181PROVEMENT SECURITY-BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and pay hent) (California Government Cade §§ 66499 - 66499.10) Rrci `AL oFRoAD IMPROVEilEN`F AG"C.NIEN'f: The UevelopeT(Principal) has executed an agreement (Load Improvement Agreement) with the Coarity to isastall and pay for street, drainage and cutter improvements on,or along Roa..-.-,-. . - Azrgpm2nt #1123 to complete said work within The time specified for completion in the Road Improvement Agreement,all in accordance with Mate and local taws and rulings_ OBLIGATION: asPrincipal artd American Motorists * , a corporation organized under the laws of the State of—Illinois and authorized to transact surety business in California, as Surety, hereby jointly and severally hind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California.to pay as follows: *Insurance Company eventy A Performance: Four Million Three Hundred Eighty-Eight 11otisand Six Ilurtdred Dollars ($4,388,670.00) for itself or any city assignee under the above County Road Improvement Agreement,plats 13. Payment: Two Million Two Hundred Sixteen Thousand.Five Hundred Dollars($2,216,500.000o secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Cotte of the State of California. Jw l.6 N j)l 1','ON a. 1;-.e Condition of this obligation as to'Section(2.A.)above is such that if the above bonded Principal, tarp inc pal's heirs,execrators,administrators,successors or assigns, shall in all things stand to and F, ai ie by and well and truly keep and perform the covenants, conditions and provisions in the said a€)-ceement and any alteration thereof made as therein provided on it or its part, to be kept and perforated at the rime and in the mamer therein specified and in all.respects according to their true intent and meaning and shall indemnify and save harrz-iless the County of Centra 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 R41 force and effect.. As part of the obligation secured hereby and in addition To the face arT OU111 specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable artorneys fees,Mcuzred by the County of Contra Costa or city assignee, in successfully ent6rcirdg such obligation, al tc,, be taxed as costs and included in any judgement renderers. R. 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 Counry of Contra Costa ar:d al? contractors,subcontractors, laborers,material men and ether persons einployed in the perfom a Ic.e of the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furslshed,labor of .any kind, or for amounts due =der the Unemployment Insurance Act With respect to stuch WOrk ox labor and that said undersigned surety will pay the same in an at-nounrt not excee44q,, Lhe amour: herein above set forth and also,ihc:ase suit is brought upon this bond,wz l pay,in ad ition w the ;act amount thereof,reasonable costs,expenses and fees,inclUtll3Tg r �sc3r1 tic a?49S71r 3 �' �,r ati'•..fl .:.ti C��' the County of Contra Costa or city assignee,in successfully erifbi-c.irsg such obligation,to 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 a4ny and all persons,companies and corporations entitled to file claims under`fide 15 (conunencing,with Section W82 of part 4 of Division 3) of the Civil Code of the State of California, so as tis f,;ive a right of action to thein or their assigns in any suit brought tipon this band. Sbould the work under the conditions of this band be fully performed, then. this obhga:uon shall become mill and void; otherwise it shall be and zemair in fail farce a.tl effect C. No alteration of said load hnprovetnent Agreement or any plan or specification of said wort agreed to by the Principal and the County shall relieve the Surety from liability on this bort;and.con sent is hereby ,given to make such alteration, witbour further notice to or consent by the Surety and the Surety hereby waives the provisions of Califb4-nia Civil Cotte Section)819 and holds IL"elf bound without regard to and independently of arty action against Principal whenever taken. 4. SIGSED--tND SEALED: The aridersigned executed this document on � Au u„st 8,_ 2002_ Windemere BLC Land Company, LLC By: Lennar homes of California, Inc. PIUNC1PAL: is manager _ Stf"r ': American Motorists Insurance�C, ampany Address: 3130 Crow Canon Place, 1Q_ _ Address: 747€}_North 'i ueroa Street City. San Ramon, City. L An eles CA 90041 - --- ~� U , Print Name: David ans Pont Narnea Patricia_H._- Brebr T:de. Vice President ;y'isle: Atttarrtev-41-l'a,:t �u w'a'Gry-,17xitttUnx�� Lc�.4t zv'� n'?tti'.;ugasnP..F•.11 :+3'.'-9 Ccr CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 9. 2002 before me, Gordon J. Peterson, 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. - =OON JER N"" Witness my hand and official Seal. _ Commission#9335380 Notary Public-California .._ grange County MyComn.Ex;* Dec 17,2" 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 domes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Bond No. ##SM 047 702 00 Number of Pages: Two (2) Date of Document: August 8, 2002 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On August: 8, 2002 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF StONER(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 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. ALEXIS K BRYAN � WITNESS my hand and official seal. Commission#1306738 "�► N"tgry public-California t - orange County ° My CsamtTl Firpire$Jun 1,2od's`> SIGNATURkIPF NOTARY OPTIONAL Though the data below is not required by lawn, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED ® GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR NUMBER OF PACES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(8)OR ENTITY{IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40971GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Jane Kepner , Mike Parizino , James A. Schaller , Alexis H. Bryan , Nanette Mariella-Myers , Linda Enright , Leigh McDonough Jeri Apodaca , Patricia H. Brebner ,, Suzanne Edwards and Rhonda C. Abel of COSTA MESA , CA (EACH) their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTbN: NO AIJTHOPJTY is granted to make, execute, seal and deliver any bond or undertaking which guarantees 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. This appointment may be revoked at any time by the Company. 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 the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, 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 Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing-and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed, 09 01) Page I of 2 Printed In U.&A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this November2Q, 2001. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company `i�1h t1Pt e oh K. Conway, Corpor Secretary Gary J. ly, nior Vice Pres' t STATE OF ILLINOIS SS COUNTY OF LAKE SS 1, Maria 1. Ornori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, 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 seats and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. L "OFFICIAL 1 C} F1C# t SEAL" MARIA�_otvORs NMARY MUC,STATE Of Iu.IN"S MYCO Mi5!9Ma?19S 17 2003 Maria 1. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached bower of Attorney dated November20, 2001 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 farce and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior.Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 8th day of uBi , 20 _QZ. ..aud pyo ♦�`wL tqt OE, �.j LtbF6'� CE8AII6AiE �� JohK. onway, Corporate Mcretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the Manner and to the extent herein stated. Hume Office: Long Grove, 1L 60049 FK 09 75 (Ed. 09 01) Fuge 2 of 2 Printed In U.S,A.