HomeMy WebLinkAboutMINUTES - 12032002 - C27-C30 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 3, 2002,by the following vote: 4►
AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/- 739
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8619
being developed by Windemere BLC Land Company, LLC, San Ramon
(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for SUB 8619
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: $1,004
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 391754, August 21, 2002
WL:cw T hereby certify that this is a true and correct copy of an
G:iGrpData1Eng5vciBO\2002112-03-021SU]3 8619 BO-16.doc action taken and entered on the minutes of the Board of
Originator: Public works(ES) Supervisors on the date shown.
Contacts warren Lai(313-2408)
cc: Public works- T.Bell,Construction ATTESTED: DECEMBER 03, 2402
Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and
T—10-03-03 County Administrator
Windemere BLC Land Company,LLC
3130 Crow Canyon Place,Suite#310
San Ramon,CA 94583 '
Attn: Brian Olin By Deputy
St.Paul Fire and Marine Insurance Company
333 City Blvd.West,#1100
Orange,CA 92868
Attn:Patricia H.Brebner
RESOLUTION NO.2002/ 739
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 5619
being developed by Windemere BLC Land Company, LLC, San Ramon
(Dougherty Valley) area. (District Iff)
DATE: December 3, 2002
PAGE: 2
II. Surety Bond
Bond Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: ST 2231, August 14, 2002
Performance Amount: $19,500
Labor&Materials Amount: $10,250
Principal: Windermere BLC Land Company,LLC
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way
Right-ofWay Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 20021739
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code §66462 and §66463)
Subdivision: SUB 8619 -nom "T "�96}-- Effective Date: Imo/ ��✓' -
Subdivider: / � /? t.l te' Completion Period: 1 veer
WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A CaliforniaLE - S limited emere,LLC,By:LEN-OBS Windemere,LLC,
ADelaware embedliability company
CONTRA COSTA COUNTY SUBDIVIDER
Managing Member
BY:Lennar Homes of California,Inc.,
Maurice M. Shiu, Public Works Director Managing Member
By: —" (signsturc)
_ ?�A6 A&A
(print name&Title) n 1%rstr,Vice President
RECOMMENDED FOR APPROVAL:
By: (signature)
Engineering ServicesCictor
Ion (print name& itl n ochim, .Secretary
FORM APPROVED: J.Westman, County Counsel
(NOTE:All signatures to be acknowledged. if Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called" oun ,"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§66490,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
$ _ 19.500.00 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. For Payment: Security in the amount of$ 10.250.00 which is fifty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider 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 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to Insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities 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 not such liability, claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city oris annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
•kw:lap
G:\GrpData\EngSvc\FomWAG WORD\AG-30A.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
Countyof
On d�� 14 -cry_, before me� _� ���.t�r�� 111 L
Date Name and Thfa of Offk:er(e.g.,*JAne Doe,Notary bW)
personally appeared ` n T)-cii j
Nor"*)of Signer{e}
*ersonally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)49/are subscribed to the within instrument
and acknowledged to me that hefshe/they executed the
_ same in his�/their authorized capacity(les),and that by
�, DEBRA A.
SHERWt7� hisfi�etw/their signature(s)on the Instrument the person(s),
COMM.*1313582 � or the entity upon behalf of which the person(s) acted,
NOTARY PLIKIC-cAUFc RNIA� executed the instrument.
CONTRA COSTA COUNTY 0
COMM.EXP.JULY l d,22a
WITNESS my hand and official seal.
Signature of Notary llc
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:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Tltie(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General
Attorney-in-Fact C.7 Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator e a ❑ Guardian or Conservator .lt
❑ Other: Tog of thumb here .❑ Other: Top of thumb are
Signer Is Representing: Signer Is Representing:
01996 National Notary Assoclation•8236 Rommet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod,No.W07 Reorder;Call Toll-Froo 1-800-876.6827
w r COUNTY OF CONTRA COSTA
DEPOSIT PERMIT w
OFFICE OF COUNTY,:AUDITOR-CONTROLLER i
TO THE TREASURER. MARTINEZ,CALIFORNIA
RECEIVED FROM
lam)
ORGANIZATION NUMBER
(Far Cash Collection Procedures sea County Administrotces Bulletin 105.)
DESCRIPTION FUND/ORG SU& TASK TION ACTIVITY AMOUNT
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EXPLAN� AITI 01N I I I I I I I I I I I I I r .— TOTAL $ !
DEPOSITvab 1 #
7 f Deposit consists of Ills foflowing i ems 411
�lc s .. ° ` '�} COIN and CURRENCY $ q
CHECKS,M,Ct,ET
( / BANK DEPOSIT $
fV Y t. J o t: � l ~* ` . t.. t.. .. FOR AUDITOR-COT LER USE ONLY
DEPOSIT
PERMIT D
l}� NUMB
DATE 191754 AUG 1'021
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above #ig hereby
deposit into ttwe County Bury. acknowledged.
Si nd D
e
g
t EXT. .„ oun#y Sired: Deputy Cauritj+Treasurer
644 REV(7.93) Y"' ri �"j
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t
s'+W
000678-9191 / 818800: G1094084, $706.500.00, SPRW EBMUD Easement, Placer Title
Company/Escrow Trust Account, 1981 N. Broadway, Ste. 100, Walnut Creek, CA 94576
000678-9191 / 818800: G1094085, $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 LaVerne do 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, 1500.00, 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 &Ling Ling Li, 1 Chapporal Place, arinda,CA 94563
000649-9665 / 813000: 61093864, $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.Q0, 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, $5,000.00,00.00, SUB 8156 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
000649-9665 / 813000: 61093878, $11,478,00, SUB 8262 Inspection Fee Deposit,
Sherman Ranch LLC,4456 Black Avenue, Suite#200,Pleasanton, CA 94566
r � u
000649-9665 1813000: 61093880, $114,684,00, RA 1123 Landscape Inspection Deposit,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
000649-3665 1813000: 61093882, $38.108,00, DA 0009/10 Landscape Inspection
Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA
94583
000649-9665 1 813000: 61093884, $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, $0,221,00, RA 1124 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819804-QM"41093867, i1, 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: 61093871, $1,M.00, SUB 8155 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: 61093872, $1.M.00, SUB 8153 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: G1093875, 11,000.00, SUB 8618 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093877, 12,000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456
Black Avenue, Suite#200,Pleasanton,CA 94566
819800-0800: 61093879, $1,000.00, .SUB 8156 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583
819800-0800: 61093881, I14,273.00, RA 1123 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093883, 7 201.00, DA 003!10 Landscape Improvement Cash Bond,
Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
819800-0800: 61093885, J18,903.00, PA 0001 Landscape Improvement Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583
Subdfvhsiou; SU$ f 19�N" i.-'I;'6
Bond No.. ST 2231
Premium: $100.00
wpi tovvmENT SgcvRrry BOND
Fox Punic RICHT OF WAY LANDSCAPE AGR I NT
(Performance,Guarantee, axil payment)
(California Government Code Sections 66462 and 66463)
1. = QF SlMiywoN Acimy r yNT# The .Principal has executed aa agreement with.the Courcy to
install and pay for public nght of way landscaping,and other related improvements iu Subdivision,8619 as
specified in the Subdivision Agreement(Right of Way escaping),and to complete said work within the
time specified for completion in the Subdivision Arrant(Right of Way Landscaping),all in accordance
with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or
Pace)Map for said Subdivision.
2. OBLIGATION; Windemere BLC Lend Com an LLC asprirwip'Aand
St. Paul Fire and Murine Insurance Com en3' ,a corporationarganiudexistingunderthelaws
of the State of MinneErota , and authorized to transact surety business in
California, as Surety, hereby jointly and severally hind ourselves, our heirs, executors, adruinistrators,
successors, and assigns to the County of Contra Costa, California.to pay it:
A. Performanee&ad Guar*utte. Nineteen Thousand Five Hundred Dollars(S19,500.00)for itselfor
any city assignee under the above County Subdivision Agreement,plus
B. Payment. e'en Thousand Two Hundred Fifty Dollars(510,250.00)to secure the claims to which
reference is made in Title XV(commencing with Sections 3082)of Pant 4 ofDivision Ill'oftbe Civil
Code of the State of California.
3. CoNPJTWN:
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 han nless 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.
f�
As part of the obligation secured hereby and in addition to the:face amount specified therefore,theme
shall be included costs and reasonable expenses and fees, including reasonable morne Ys fees,
incurred by County(or city assignee:) in succes"y enforcing such obligation, all to be taxed as
casts and included in any jadge Ment rendered.
B. The condition of this obligation as to Section 2.(I3) above is such that said Principal and the
undersigned as corporaw surety are held &mly bound unto the: County of Contra Costa and all
contractors,subcontractors,laborers,maumW men and other persons a mplord in the peribmiance of
the aforesaid agreement and refemr d to in the aforesaid Civil Code for materials furnished or labor
Thereon of any kind,or for amounts due under the Unemployment Insurance.Act with respect to such
work or labor, that said surety will pay the some in an arnrnount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bend, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's feers,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court,and to be taxod 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 underTide 15(co mmnencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to then or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full farce;and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the:County shall relieve any Surety from liability on this bond,and consent is hereby
given to make such alteration without further notice to or consent by Surety;and thee Surety hereby
waives the provision of California Civil Code~Section 2819,and holds itself bound without regard
to and independently of any action against Principal whenever taken.
IGNED ArII}SEALE on August 14, 2002
WINDEMERE BLC LAND COMPANY, LLC
By, LENNAR HOMES OF CALIFORNIA, INC. ST. PAUL FIRE AND MARINE
p CjPA„ its manager SUUT"itt INSURANCE COMPANY
Address: 3130 Craw Canyon, suite 300 Address: 333 City Blvd. West #1100
City: San Ramon ip 94583 City: Ora CA Z7ip• 92865
A
BY �
Print Name: Lawrence H,. Thom on I ntName: Patricia H. Brebner
Title, Vice President Title: Attorney-in-Fact --
4e2' W
G.%GZp04QTZp--wc WW=AZtaC}21x�V8 9153 8i+1✓IZAA c
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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.
r
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 Bond No. ST2231
Number of Pages: Two (2)
Date of Document: August 14, 2002
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r-
' No.5907
State of California
County of Orange
On August 14, 2002 before me, Alexis H.Bryan,Notaty Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAMES)OF SIGNER(S)
personally known to me-OR- [l 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.
dh
ALEXIS H.BRYAN
Commission$1306736 WITNESS my hand and official seal.
�I► Notary Pubfto-California
' Orange Counter
My Comm.Expinas Jun 1,225
W 1W SIGNATLTE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
_] INDIVIDUAL
CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT H
FTRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
[] OTHER.
SINNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON($)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
64087/GEEF 2198 01999 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184
7hestFbul POWER OF ATTORNEY
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
Power of Attorney No. 22775 Certificate No. 1401281
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 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
very �,1R s 4 9j RM...�MSWq J*y 1XdU,,y "®
t$271( a� b `�8�� tbgg j$�°f y1 PETER W.CARMAN,Vice President
CfhE'N �s�anvCt�'� +d1S.AMy� 1p•.........sd° AIN
State of Maryland
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.
In Witness Whereof,I hereunto set my hand and official seal. uez,
r �'C
My Commission expires the 1st day of July,2006. p CiSY REBECCA EASLEY ONOKALA,Notary Public
86203 Rev.7-20012 Printed in U.S.A.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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.on September 2, 1998,which resolutions are now in full force and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is validly attached;and
RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
I,Thomas E.Huibregtse,Assistant Secretary 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
Undenvriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 14th day of August 2002
Sltl�7y *� �4 OTN"`�k`5�'9 JpY,�Ml4gyM1'r -y11tY� �•/ '
�6i M �� di •r �t5 "^•"MNtm r
s � sant,�� lstaaL�i€ t� � 'l977 g i�51
NEY+ ts� Nc� tis`:%wsae Y� Thomas E.Huibregtse,Assistant Secretary
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power ofAttorney number,the
above-named individuals and the details of the bond to which the power is attached.
.,Recording ted By:Requested
Contra Costa County Public Works Dept. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Construction Division CONTRA COSTA Co Recorder Office
255 Glacier Drive STEPHEN L, WEIR Clerk-Recorder
Martinez, CA 94553 DOC— 200 —$460944-00
Wednesday, DEC 04, 2002 14:06:16
Return to: FIRE $0.00
WHEN RECORDED, RETURN TO CLERK Ttl Pd $0,00 Nbr-0001191835
BOARD OF SUPERVISORS 1 rc/R9/1-1
AS GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
In the Matter of Accepting and Giving } RESOLUTION OF ACCEPTANCE
Notice of Completion of Contract for ) and NOTICE OF COMPLETION
D.A. 56, Lindsey Basin ) (C.C. § 3086, 3093)
Excavation - Phase III )
Project No.7566-6D8493-01 ) RESOLUTION NO. 2002/ 740
The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County
Flood Control and Water Conservation District, RESOLVES that:
The Flood Control District on July 31, 2002 contracted with K.W. Emerson, Inc., for basin excavation
located off Neroly Road just south of Live Oak Avenue extension in the Antioch area, with American
Motorists Insurance Company as surety, for work to be performed on the grounds of the County; and
The Chief Engineer reports that said work has been inspected and complies with the approved plans,
special provisions and standard specifications and recommends its acceptance as complete as of
November 12, 2002.
Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County
Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract.
PASSED BY THE BOARD on December 3, 2002 by the following vote:
AYES: SUPERVISORS UILKEVIA, GERBER, DESAULNIER, GLOVER, AND OIOIA
NOES: NONE
ABSENT: NONE
CERTIFICATION AND VERIFICATION
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown.
Contact: Mike Carlson (925)313-2321
®rig. Dept.:Public Works(Const.)
cc: Record and Return ATTESTED: DECEMBER 03, 2002
Auditor
Public Works- Accounting JOHN SWEETEN, Clerk of the Board of Supervisors and
- Construction, R. Bruno County Administrator
- Env., C.Sellgren
- Traffic, R.Tavenier
Contractor Bye, ,Deputy
47
RB:kj
G:1GrpData\Const1BO\2002112-December\ACCEPTANCE-LindseyBasin DA56.doc
RESOLUTION NO. 2002/ 740
TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, CANYON LAKES GHAD
FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR
,X7
DATE: DECEMBER.3, 2002
SUBJECT: APPROVE and AUTHORIZE Gray-Bowen and Company,Inc.,as General Manager ofthe Canyon
Lakes Geologic Hazard Abatement District(GHAD),to execute a contract with Engeo,Inc.,in the
amount of$40,400 to provide geological and geotechnical services for the Canyon Lakes GHAD,for
the period July 1,2002 through June 30,2003,Danville area.
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE Gray-Bowen and Company,Inc., as General Manager of the Canyon Lakes
Geologic Hazard Abatement District (GHAD), to execute a contract with Engeo, Inc., in the amount of
$40,000 to provide geological and geotechnical services for the Canyon Lakes GHAD,for the period July 1,
2002 through June 30, 2003.
IL Financiallmpact:
There will be no impact on the County General Fund.The Canyon Lakes GHAD is funded through revenues
generated by special assessments on properties within the boundaries of the Canyon Lakes GHAD.Canyon
Lakes GHAD will fund 100% of the contract costs.
Continued on Attachment:X SIGNATURE:
"CrMMENDAMON OF COUNTY ADRMSTRATOR
RECOMMENDATION OF BOARD COMMITTEE
t,APPROVE OTHER
r
SIGNATURE (S):
TMION OF BOAIM ON DECEMBER 03,
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT }
AYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors acting as
the GHAD Board on the date shown.
SE:sr
G:\GrpData\SpDist\Board Orders\2002\1l November\11-05-02 BO-(CL)FY 02_03 program budget.doe ATTESTED: DECEMBER 03, 2002
Orlg.Div:Public Works(Special Districts) JOHN SWEETEN,Clerk of the Canyon Lakes
Contact: Skip Epperly(313-2253)
cc: County Administrator GHAD Board of Directors and Board
County Counsel Administrator
M.Morton,Eng.Svc.
L.Holden,Accounting
Gray-Bowen and Company,Inc. a
Clerical Contract Binder By_ Deputy
SUBJECT: APPROVE and AUTHORIZE Gray-Bowen and Company,Inc.,as General Manager of the Canyon
Lakes Geologic Hazard Abatement District(GHAD),to execute a contract with Engeo,Inc.,in the
amount of$40,000 to provide geological and geotechnical services for the Canyon Lakes CHAD,for
the period July 1, 2002 through June 30, 2003,Danville area.
DATE: December 3, 2002
PAGE: -2-
III. Reasons for Recommendation and Backiround:
Engeo,Inc.,2401 Crow Canyon Road,San Ramon,California has been providing professional engineering
services to the Canyon Lakes GHAD since the GHAD's inception in 1985. Engeo has extensive experience
in responding to and assisting the GHAD with the repair of landslides and landslide related work in Canyon
Lakes and the surrounding area.
Engeo, Inc. possesses first hand knowledge of the Canyon Lakes development through their long history
serving the CHAD. The firm.assists GHAD staff in administering the Major Repair Program by performing
geotechnical engineering and materials testing,preliminary site reconnaissance and field evaluations,and
consultation on landslide and erosion hazards.Additionally,Engeo,Inc.conducts bi-annual measurements of
peizometers and horizontal drains, collects and analyzes ground water sensor data and provides initial
incident response and evaluation under the GHAD's Preventative Maintenance and Operations Program.
Their expertise and knowledge of the geological makeup of the Canyon Lakes area has been invaluable to
GRAD staff in helping to repair landslides and anticipate problem areas within the development.
GrayBowen and Company, Inc. circulated a Request for Qualifications (RFQ) document to several
geotechnical firms in the:Bay Area in the spring of 2002. An independent and impartial panel made up of
representatives from the City of San Ramon,Contra Costa County and GrayBowen and Company reviewed
the RF'Q°s, and interviews were held with the top three firms Identified by the panel. Engeo, Inc. was
deemed the most qualified to provide geotechnical and geological services to the Canyon Lakes GRAD.
IV. Consenuences of Negative Action:
Without Board approval,reimbursements for costs incurred to coordinate repair of the landslides will not
occur, and the GHAD will not be able to effectively respond to emergencies or execute its preventative
maintenance program during this fiscal year.
TO: BOARD OF SUPERVISORS AS THE BOARD OF DIRECTORS, BLACKHAWK GEOLOGIC
HAZARD ABATEMENT DISTRICT i
FROM: MAURICE M. SHUI,PUBLIC WORKS DIRECTOR
DATE: December 3,2002
SUBJECT: APPROVE and AUTHORIZE Kleinfelder, Inc., as General Manager of the Blackhawk Geologic
Hazard Abatement District to execute a contract with Sands Construction in the amount of$100,000
to provide operations manager services for the period October 1, 2,002 through June 30, 2003,
Danville area. (District III)Project No. 7760-6X5147
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE Kleinfelder, Inc., as General Manager of the Blackhawk Geologic Hazard
Abatement District(CHAD)to execute a contract with Sands Construction in the amount of$100,000 to
provide operations manager services for the period October 1,2002 through June 30,2003,Danville area.
IT. Financial impact:
There is no impact on the County General Fund. The Blackhawk CHAD is funded through revenues
generated by County Service Area M-23.The proposed contract is consistent with the proposed Fiscal Year
2002/03 Program Budget.
Continued on Attachment:x. SIGNATURE:JJ
RECOMMENDATION OF BOARD COMMITTEE
::APPROVE —OTHER
SIGNATURE S : avdx,r
TZMEN 3 BO 7 N DECEMBER 03, 200FPROVED AS RECOMMENDED xxOTMIT
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT _ )
APES: NOES
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of
Mar an action taken and entered on the minutes of the
G:\GrpData\SpDist\Board Orders\2002\12 I3ecember\12-03-028 BO-(B)Sands.doc Board of Supervisors acting as the CHAD Board on
Orig.Div:Public Works(Special Districts) the date shown.
Contact: Skip Epperly(313-2253)
cc: County Administrator
County Counsel
L.Holden,Accounting ATTESTED: DECEMBER 03, 2002
M.Morton,Eng.Svc. JOHN SWEETEN,Clerk of the Blackhawk CHAD
Kleinfelder,Inc.
Contract Binder(Clerical) Board of Directors and Board Administrator
By Deputy
SUBJECT: APPROVE and AUTHORIZE Kleinfelder,Inc.,as General Manager of the Blackhawk Geologic
Hazard Abatement District to execute a contract with Sands Construction in the amount of
$100,000 to provide operations manager services for the period October 1,2002 through June 30,
2003, Danville area. (District III)Project No. 7760-6X5147
DATE: December 3,2002
PAGE: -2-
ITL Reasons for Recommendation and Backaround:
Mike Sands, President of Sands Construction, has been serving as the Operations Manager for the
Blackhawk CHAD for approximately nine years.Mr. Sands has extensive experience in responding to
and assisting the GHAT?with the repair of landslides and landslide related work in the Blackhawk and
surrounding areas.Gray-Bowen,Inc.(formally William R.Gray and Company)negotiated and approved
a professional services contract between the Blackhawk CHAD and Sands Construction for the Fiscal
Year 2001102 and his performance was acceptable.Richard D.Short,Kleinfelder,Inc.,General Manager
for the Blackhawk GHAD, recommends approval of Sands Construction's annual contract with the
Blackhawk GHAD.
IV. Consequences of NeLvative Action:
Without Board approval,reimbursements for costs incurred to coordinate repair ofthe landslides will not
occur. A negative action will jeopardize the safety of those citizens whose residences are in the path of
these landslides.