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HomeMy WebLinkAboutMINUTES - 12032002 - C23-C24 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA f Adopted this Resolution on December 3, 2002, by the following vote: 3 � AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 735 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8156 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District I) The following document was presented for Board approval this date for, SUB 8156 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 one year 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 Bond Deposit Amount: $1,000.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 391754, August 21, 2002 WL:cw I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvclBO\2002\12-03-02\SI.7B 8156 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Warren Lai(313-2408) cc: Public Works- T.Bell,Construction ATTESTED: DECEMBER 03, 2002 Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T-n September 2003 County Administrator Windemere BLC Land Company,LLC 3130 Crow Canyon Place,Suite#310 San Ramon,CA 94583 Attn:Brian Olin By A�- ,Deputy St.Paul Fire and Marine Insurance Company 333 City Blvd.West,#1100 Orange,CA 92868 R.ESOL`CTTION NO.2002/ 735 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8156 being developed by Windemere BLC Land Company, LLC, San Damon (Dougherty Valley) area. (District IIT) DATE: December 3, 2002 PAGE: 2 II. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: ST 2226, August 14, 2002 Performance Amount: $22,700 Labor&Materials Amount: $11,850 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. RESOLUTION NO. 2002/735 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) j� 1 Subdivision: SUB 8156 t Effective Date: Subdivider: �'�✓rr xl.,-n6,z ' L<z Completion Per1od: 1 year y WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M. Shiu, Public Works Director BY:Lennar Homes of California,Inc., Managing Member &X44m,_ By: r (signature} (print name&Title) Mon Larson,Vice President RECOMMENDED FOR APPROVAL: By: �Ii (signatureEngineering SeryI es Divi } (print name&Title) rrn Jochim,As .Secretary FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures roust conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun ,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto), Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion 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 superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURITY, Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 1000.00 cash,plus additional security,in the amount of $ 22.700.00 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 Subdivider 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. Fcr Payment: Security in the amount of$ 11 MQ.QQ 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of co-ti 6--n 6,L-' County of (ate h , Onbefore me Dae Name and Tkie of Officer(e.g.,"Jae Doe,Notary P 11e) personally appeared Pw� Name( sier(a) � , [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 /they executed the same in 4Ie4I r/their authorized capacity(ies),and that by Waller/their signature(s)on the instrument the person(s), t- DEBRA A.SHERWOOD U COMM,*1313582 or the entity upon behalf of which the person(s) acted, NOTARY PUBUC-CALIFORNIA executed the instrument. CONTRA COSTA COUNTY 0 COMM.EXP.JULY.]6,2005'` WITNESS my hand and official seal. Signature of Notary Putsiic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Cate: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: Ll Individual ❑ Individual El Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner--❑ Limited ❑General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of thumb here ❑ Other: Top of thumb here. Signer Is Representing: Signer is Representing: 691995 National Notary Associatlon•8236 Remmet Ave.,P.O.Box 7164•Canoga Park,GA 91309.7184 Prod.No.5907 Reorder.Call Toll-Free 1-800879-6827 COUNTY OF CONTRA COSTA . M DEPOSIT PERMIT f -e OFFICE OF COUNTY:AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER t (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORQ ACCT TASK OPTION ACTIVITY AMOUNT lkl Gr - r�r 6 I9A cy 16 )9 671A —I IC)Idlo` / `nom I Ci r _ et �?� ? t� 60 I' ll-TLA <T- I ( 3 ` C it I I i EXPLANATION, r „ 7� ' Deposit consists of the foNowi t�!L b.S f COIN and CURRENCY $ ! CHECKS,M.Q,ET $ + BANK DEPOSIT $� 7A//�I Z - a A C }1 , FOR AUDITOR-C© T l.LER USE ONLY Y DEPOSIT PERMIT DP DATE 91754 AUG 1 102 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above o t is hereby deposit int®o u County sury. acknowledged Sued: Z Vd-,,,-3+" .'<& ed-AL66 Signed: -c—A. Titre: � W EXT 3 ounty Aud' 9 De"County Treasurer Ck34 REV.(7.93) 4: 'Y 000649-9665 / 813000: 61093880, $114,684.00, RA 1123 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093882, $58.108.4©, DA 0009/10 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 / 813000: G1093884, $111,724.00, PA 0001 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093865, 8 291,00, RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093867, $1,000.00, SUB 8619 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093869, $2.-170,00, RA 1133 Road Acceptance Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: G1093871, $1,000.00, SUB 8155 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093872, 1000.00, SUB 8153 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093875, $1,000.00, SUB 8618 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093877, $2,000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456 Black Avenue, Suite#200,Pleasanton, CA 94566 819800-0800: ;61093879, 1.000.00, SUB 8156 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093881, $14,273.00, RA 1123 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093883, $7,201.00, DA 009/10 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093885, $13.903.00, PA 0001 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000678-9191 / 818800: 61094084, $706,500.00, SPRW EBMUD Easement, Placer Title Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek, CA 94576 000678-9191 / 818800: 61094085, $72,834.00, SPRW EBMUD Temporary Easement, East Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland, CA 94623 000649-9665 / 813000: 61093858, $500.00, RS 2695 Record of Survey Map Check Fee, Bud LoVerne & Rosalia Simmons, 3859 Joan Avenue,Concord, CA 94521 000649-9665 / 813000: 61093859, $500.00, RS 2694 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526 000649-9665 / 813000: 61093860, $500.00, RS 2693 Record of Survey Map Check Fee, Patricia S. Mendell, 92 Lucille Way, Orinda, CA 94563 000649-9665 / 813000: 61093861, $500.00, RS 2696 Record of Survey Map Check Fee, RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek, CA 94596 000649-9665 / 813000: 61093862, $500.00, RS 2697 Record of Survey Map Check Fee, Robert W. Randles do Ling Ling Li, 1 Chapparal Place, Orinda, CA 94563 000649-9665 / 813000: G1093864, $66.828.00, RA 1124 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093866, $5,000.00, SUB 8619 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093868, $13,365.00, RA 1133 Road Inspection Acceptance, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 000649-9665 / 813000: 61093870, $5,000.00, SUB 8155 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 / 813000: 61093873, $5,000.00, SUB 8153 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093874, $5,000.00, SUB 8618 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093876, $5,000.00, SUB 8156 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093878, $11,47'8.00, SUB 8262 Inspection Fee Deposit, Sherman Ranch LLC,4456 Black Avenue, Suite#200, Pleasanton, CA 94566 Subdivislou: SUB $156(x ofrr m Bead No.: ST 2226 - — Premium: $100.00 1MPR VEMENT SECURITY BONA FOR PUBLIC RIGHT Of WAY LANDSCAPE AGREEMENT (Performance,Guarantee, and Payment) (Califonua Government Code Sections 66462 and 66463) 1. REciTAL ofi§UjimisioN AV.R$R1 VNT: The Principal has executed an agreement with the: County to install and pay for public right of way landscaping,and ether related improvements in Subdivision 8156 as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the time specified for completion in the Subdivision Agreement(Dight of Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing ofthe Final Map or Parcel Map for said Subdivision_ 2. OBLICATION: Windemere BLC Land Company, LLC ,asl'rit%*dLand St. Paul Fire and Purine Insurance Company ,acorporationorgartiZzdexistingundathelaws of the State of Minnesota , 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: Twenty-two Thousand Seven Hundred Dollars ($2:2,100.00) for itself or any city assignee under the above County Subdivision Agreement, plus R. Payment: Eleven Thousand Eight Hundred Fifty Dollars($11,850.00)to secure the claims to which reference is niade in Title XV(commencing with Section 3082)of Pan 4 ofDivision 111 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 covenants,conditions and provisions in the .said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENTS State of California County of Orange On August 15, 2002 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. 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 foram. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement_Bond No. ST2226 Number of Pages: Two (2) Date of Document: August 14, 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907 State of California County of Orange On Au ust: 14,__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 SIGNER(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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. M AbAL xIs FIRY,i1N WITNESS my hand and official seal. Commissions#1306738 Notary Public-Caiifomia > ( l Orange County " My Coram!. ,rptr�ffi Jun 1,2ot15 SIG Rs 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) 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 ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4097/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 T- 13 The ��� POWER OF ATTORNEY�( Seaboard Surety Company United Sates Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 22775 Certificate No. 1401277 KNOW ALI,MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc, is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint James A.Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Milo Earizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan of the City of Costa Mesa State— California their true and lawful Attorneys}-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th ._, day of October __,2001_ Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company wry 0io PETER W.CARMAN,Vice President State of Maryland City of Baltimore THOMAS E.HIJIBREGTSE,Assistant Secretary On this 4th day of October 2O01 _ before me,the undersigned officer,personally appeared Peter W Carman and Thomas E.Huibrcgtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. rIKAAb- In Witness Whereof,I hereunto set my hand and official seal. � �r4CF My Commission expires the I st day of July,2006. r�+rp REBECCA EASLEY 0N0I4LA,Notary Public ��CitV 862013 Rev.7-2002 Printed in U.S.A. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER., DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 736 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8618,being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8618,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: WL:cw G:\GrpData\EngSvc\BO\2002\12-03-02\SUB 8618 BO-21.doc OrigiContact: Public Works 13-2 I hereby cern that this is a true and correct co of an action taken Contaet: Wamn Lai(313-2408) Y fY copy and entered on the minutes of the Board of Supervisors on the date c: Public Works—`r.Bell,Construction shown. Current Planning,Corrununity Development T—10-03-03 Windermere BLC Land Company,LLC 3130 Crow Canyon Place,Suite 310 + ; {� , 20(}2 San Ramon,CA 94583 ATTESTED: Amt:Brian Olin JOHN SWEETEN,Clerk of the Board of Supervisors and County St.Paul Fire and Marine Insurance Company Administrator 333 City Blvd.West,Suite 1100 Orange,CA 92868 Attn:Patricia H.Brebner By �' ,Deputy RESOLUTION NO.2002/ 736 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8618, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District IIT) DATE: December 3, 2002 PAGE: 2 A. Cash Bond Performance amount: $1,080 Auditor's Deposit Permit No. 391338 Date: August 13, 2002 Submitted by: Windemere BLC Land Company, LLC Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number: SV9483 Date: August 1, 2002 Performance Amount: $106,920 Labor&Materials Amount: $54,000 Principal: Windemere BLC Land Company, LLC M. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/736 r43 36 -3, a WAR 0 % ro, tib' " l 56 Aliri lip AI Gtr ' a any „ « "y . , 'gy�y r� -.Ito jjb Y � W 19, 1i {lyl N, 1 �T f i r DRi j m t;l� � pa � h VA �01c-13 ' N � 1 _ �. 1 ih t " � . ,V, 1 st m Ott ao w z. 24ri PL&ISLE/SEAPE(f) SUBDIVISION a t44fj M 411 i+ 155 a 1 4, N3pg5'25*E }4b* •1Wyt�8' u+ (�� f i 6.5�r trt+ �� q J7.95&r IWO S I Maso, k30*M 25"E N281 ®2 R i J6.853m N 14.I00m o t>,. 18.981m m k28'29'S4`E � 8.535m x2� ;5�`eta7 i k28°21'54"E "` * Nit`47'38'E R' Ni8'31'i8°"c 31.2.98m(i) � � w n oe xe1'S3'SIf R ;C 3.255m-=_, �{� Jl•3t74m \ .� }55*E N' e. t1.033m_� G i i x2{S 2 � 2.-PUE W/SE/TPE f i x N18'31`13*£(N� SO` 1 7n N22'C8'0#*E 38.957- _f3438m s� � , x► v ` NANO ASix �5 •" n ¢ '*� . � ,6.�� � STs � cpm � � M COUNTY OF CONTRA COSTA DEPOSIT PERMIT /4 OFFICE OF COUNTY AUDITOR-CONTROLLER u' TO THE TREASURER: MARTINEZ,CALIFORNIA RECENED FROM ORGANIZATION NUMBER ( I (For Cash Collection Procedures we County Administrator's Bulletin 105.) sulk DESCRIPTION FUND/ORC% ACCT TASK TION ACTIVITY AMOUNT $ -.f l y 1V C ,� f 'o s t { _iF6 3- 6 13 rt t 9 rfil J.6 1.nvfrl (C t 3 ttt T 71 EXPLANATION: TOTAL $ DEPOSIT ' Deposit consists of the following item o'` r f �COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ` � 338 AUG The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount_(s hereby deposit into t County T wy. fiacknowledged. '� Signed: Signed: Title. a [ C.# X XT. M tD, Y i ty Count rsasurer D-34 REV(7-93) SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8618 Principal: _ Windermere BLC.LLC Effective Bate: 1 z/1!c , _ Coompletion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: DEVELOPER:WINDEMERE BLC LAND COMPANY LLC, A California limited liability Company By:LEN-OBS Windemere,LLC, CONT COSTA COUNTY PRINCIPAL A Delaware limited liability company Maurice M.Shiu,Public Works Director Managing Member By:Lennar Homes of California,Inc., Mans, ` Member By: ���� �..� _ _ (signature) (print name&Titl ) Don L son,VicePresident RECOMMI N-DED FOR APPROVAL r BY: (signature) Engineering Ser4es tion Z (print name&Title Lynn Jo ,Asst.Secretary FORM AP OVER: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Cou "and the above-mentioned Principalmutually promise and agree as follows eonceming this subdivision: 2. RPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Principal 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 mariner,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,Principal shall,pursuant to Government Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 1.080.00 cash,plus additional security,in the amount:$ 106.920,00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security its presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal 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:$ 54.000.00 which is fifty percent(SO%)ofthe estimated cost ofthe woric 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,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of r-0- t C—) County of C1_,ri4cr),STr� ��. On ,.vc;lcaS� Com.... before me. �C`r D to Name and Title of Officer(e.g.,"JariA Doe,Notary PublW) personally appeared h itt Tn&C 1 Y11 , me(a)of Signer(s) iersonally 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 h�/they executed the same in hkift r/their authorized capacity(ies),and that by DEBRAA.5HERWC3bDK �/their signature(s)on the instrument the person(s), U Connfvt, 1313 2 or the entity upon behalf of which the person(s) acted, NOTARY Pil9Llc-CAU ORNIA executed the instrument. CONTRA COSTA COUNTY Ct3MM.EXP.JULY 1 b.2AQ5"� WITNESS my han nd official seal t Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual El Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee El Trustee ❑ Guardian or Conservator L1 Guardian or Conservator j�.�� ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 National Notary Association•8238 Rommel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod,No,5907 Reorder:Cell Toll-Free 1.800-878-6827 COUNTY Of CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER , TO THE TREASURER: MARTINEZ,CALIFORNIA . RECEIVED FROM _ ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG ASCOT TASK OPTION ACTMTY AMOUNT I 1 I, E I 1 E I 1 1 I i 1 1 I I i E 'a I I I E Ino ( EXPLANATION: TOTAL $ I DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE eO�NLY DEPOS PERMITIT DP___!M t is NUMBER DATE / 2� ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury ( acknowledged. Signed: Li ' ' ,r}^� t DatI e �U` � Signed: 1,,,� Sigma• T /_4_(J X i!WLEXT -` Dap y unty Audi r Deputy County Treasurer D-34 REV(7-43) �+ y M ✓ u�y� uo' ... _ l' /1 000649-9665 / 831000: G1107780, $32,500.00, RA 1128 Road Acceptance Plan Review, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61107787, $ 3,260.00, SUB 8619 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61107790, $ 1,080.00, SUB 8618 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61107792, $12,750.00, SUB 8153 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 subdivision: 8618 X3ond No.4 SV9483 Premium: $267.00 IMPR.ovEmENT SEcuRITY BOND FOR SUBDIVISION A,GMMENT (Performance, Guarantee and Payment) (California Government Code §§ X6499 - 66499.10) 1{ RECITAL t)F I Di'Visl Egg T; The developer(principal) has executed a subdivision agreement with the County of Contra Costa to install and pay for street,drainage and other improvements in Subdivision. as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreementi;all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a.final reap or parcel reap for said subdivision 2. OBLIGATION: Windemere BLC 'Land'Company, LLC as principal and St. Paul Fire and Marine insurance Comt► n�r a corporation arganizad and existing under the laws of the Stare of Minnesota. 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 as follows. A. Performance and Guarantee: one Httndted Six thousand Nine Hundred - T`wenty and 1301100 Dollars (S 106 920.C(l }for Contra Costa County or any city assignee under the above County Subdivision agreement -H. Payment: Fifty-Four Tl ougnd and 001100 Dollars {S 54,000 00 --)to the claims to which reference is made in Title XV (commencing with Section 3082) of Parc 4 of Division III of the Civil Code of the State of California. 3. Com- A. The Condition of this obligation as to Section(2 A.)above is such that if the above banded principal, or principal's heirs, executors, adrninistrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, ro be kept and performed at the time and in the manner therein specified and in 4 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 obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable Costs,expenses and fees, including reasonable attorney's fees,interred 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 rendered. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 2. 2002 before me, S. McDonald, Nota Public, personally appeared Lawrence H. Thompson, 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. '�ae.5,';:,,,r!ice.,':S:r>.ii'o..si]20:.•;:....:.;r=3.:.s.+'+:2xeA Witness my hand and official seal. s -M DONALD corn mi54,on#12bC�83 c 1 hO4 Pubo ,-�Q��PTllit7 ` rr1 OiQng8 COCtrly r+y Comm.Sores Apr 16,20% OPTIONAL `though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Security Bond No. SV9488 Number of Pages: Two (2) Date of Document: August 1, 2002 Signers (other than those named above): Patricia H. Srebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTG No.6907 State of California County of Orange Can August 12002 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 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/shelthey 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 H.BRYAN commission#1306738 Z WITNESS my hand and official sea[. d" Notary Public.Californian r orange County �1 Mycornrti.Expires Jun i,1005 � 1 SIGNATUPf 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 ATTORNEY-IN-FACT ® TRUSTEE(S) F-] GUARDIAN/CONSERVATOR NUMBER OF PAGES [� OTHER: SIGNER IS REPRESENTING. DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-46871GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave.,P.O.Sox 7184-Canoga Park,CA 91309-7184 meMbu' POWER OF ATTORNEYSeaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 22775 Certificate No. 1401129 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint James A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan of the City of Costa Mesa State California their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October , 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company SLLaf)y �exea� o�eM �Ns�'a Jp�.�MdUq�.4 �iTq�� * T Y,,, tt{aApapa,T' Wt�raxarg i°M �+� 1927 met In :1 PETER W.CARMAN,Vice President OFNeN 'IVa yuc�G dS.AMy� Jg • t� �AiN� Tr'� , .i ' State of Maryland a.. City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 4th day of October 2001 before me,the undersigned officer,personally appeared Peter W. Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. a Eas�.y �,,pd,�,t•(�jry��clk.. In Witness Whereof,I hereunto set my hand and official seal. NO 1, r UBtto My Commission expires the 1st day of July,2006. %b aO REBECCA EASLEY-ONOK_ALA,Notary Public 86203 Rev.7-2002 Printed in U.S.A. RP)18 F Tax C61lector's Office William J. �- 625 Court Street Contra County Trez Finance Building,room 100 �"' P.C.Box 631 Costa Joseph L.Martinez Martinez,California 94553- V Assistant Tax Collector (925 County 0063 Joslyn Mitchell 646-4122 (925)6464135 FAX Tax operations Supervisor Date: 9/20/2002 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2002, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract I MS# City T.R.A. 8618 SAN RAMON 68383 Parcel#. 223-100-008-8 223-010-010-5 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. if subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax C Ilector