HomeMy WebLinkAboutMINUTES - 02122002 - C12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 12, 2002,by the following vote:
ASSES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia:
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002/ 85
SUBJECT: Approval of Road Improvement Agreement for Bollinger South Alternative, RA
1127 and Off-Site Right of Way Agreement for Bollinger South, (RA 1094/1127),
Subdivision 7976,being developed by Windemere BLC Land Company,LLC, San
Ramon area(District IIT).
The following documents were presented for Board approval for Bollinger South Alternative,
road acceptance file RA 1127 (Subdivision 7976) property located in the San Ramon area,
Supervisorial District III.
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.
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
originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors
Contact: Teri Rie(313-2363)
G:1GrpData\Engsvc\80\2002\2-12-02\RA 1127 so-15.doc on the date shown.
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cc: Pubic Works- R.Bruno,Construction
Current Planning,Cormmmity Development
T—12-12-02(Pl) ATTESTED; Februaj 2002
�12,
Wmdernere BLC Land company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and
3130 Crow Canyon Pl.,#310
San Ramon,CA 44583 County Administrator
The American Insurance Company
5 Peters Canyon Road
Irvine,CA 92606
By ,Deputy
RESOLUTION NO.2002/ 85
SUBJECT: Approval of Road Improvement Agreement for Bollinger South Alternative, RA
1127 and Off-Site Right of Way Agreement for Bollinger South, (RA 1094/1127),
Subdivision 7976,being developed by Windemere BLC Land Company,LLC, San
Ramon area(District
DATE: February 12, 2002
PAGE: 2
I. Cash Bond
Performance Amount: $18,300.00
Auditor's Deposit Permit No. DP 380881 Date: January 30, 2002
Submitted by: Windemere BLC Land Company, LLC
Taxpayer identification number: 94-329-15-16
II. Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: 11127507363, January 24, 2002
Performance Amount: $1,814,400.00
Labor&Materials Amount: $916,300.00
Principal: Windemere BLC Land Company, LLC
The Principal has executed an agreement with the County to acquire off-site right of way for
the construction of road improvements for RA 1127 and RA 1094 (cross-reference SUB
7976),as specified in the Acquisition of Off-Site Right-of-Way Agreement,and to complete
said work within the time specified for completion in the Acquisition of Off-Site Right-of-
Way Agreement,all in accordance with State and local laws and rulings thereunder in order
to satisfy conditions for filing of the Final Map for said Subdivision. Additional security to
guarantee the completion of these improvements, as required by Title 9 of the County
Ordinance, as follows:
III. Cash Bond
Performance Amount: $20,000.00
Auditor's Deposit Permit No. DP 380881 Date: January 30, 2002
Submitted by: Windemere BLC Land Company,LLC
Taxpayer identification number: 94-329-15-16
IV. Surety Bond
Bond Company: The American Insurance Company
Bond Number and Date: 11127507355, January 24, 2002
Performance Amount: $1,980,000.00
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. 2002/85
ROAD IMPROVEMENT AGREEMENT
Developer: Windemere BLC Land Company,LLC Completion Period: One year after written notification from the
Development: Windemere(Dougherty valley);Subdivision 7976 County(see Section 2 below)
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THESE THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
COCA COSTA COUNTY A�k►nth, 4v� �'�,2.
DEVELOPER <7i
Maurt'ce M. iu,Public Works Director
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(signature) r
(print name& itle)RECQUMENDEL \A tC.t
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By (signature)--------"
Efielneering Services Division (print name&tide) L. ,0—Jo 1 t C %1 Ft V�►►1T a ,+�(�
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FORM APPROVED: Silvan B.Marchesi,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. FART,IE &DA .Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Develo_per, mutually
promise and agree as follows concerning this development:
2. IMPROVEMENTS. If Developer fails to meet any deadline for the Camp Parks ROW specified in the AGREEMENT(ACQUISITION OF OFF-SITE RIGHT-O&
WAY)(referred to as"Right-of-Way Acquisition Agreement')entered into concurrently with this Agreement,Developer agrees to:
A. Install certain road improvements(both public and private)on the Right-of-Way described in the Right-of-Way Acquisition Agreement,together with
drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)described on attached ExhibitA and as
more fully described in the improvement plans for this development to be prepared by Developer and submitted for review to the Contra Costa County Public Works Department
in conformance with the Contra Costa County ordinance Code(including future amendments thereto);and
B. Before installing the improvements,prepare improvement pians and submit them to the Public Works Department for review,as required by Articles 96-
2.2 and 96-2.4 of the Courtly Ordinance Code.
Developer shall submit the improvement plans to the Public Works Department no later than 60 days after written notification from the County. Developer shall begin
installing the improvements no later than 30 days after receiving stamped,reviewed plans from the County and shall complete installing the improvements within the above
completion period 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 pilings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEIvIENf SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee $18.300,00 cash,plus additional security,in the amount of$L 14$_ 400.00,which together total one hundred percent
(100°/0)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(Bond No.1112750 7363 dated January 24,2002).
Acceptable irrevocable letter of credit.
In addition to the$1,832,700.00 in security just described,the Developer has provided$2,843,000.00 in additional performance and guarantee security,consisting of
$28,400.00 cash and a$2,814,600.00 corporate surety bond(Bond No. 111 3359 9370 dated December 18,2001),pursuant to a separate Road Improvement Agreement entered
into concurrently with this Agreement.
With all of the above security,the Developer guarantees performance of the design and construction work under this Agreement,maintenance of the work for one year
after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance,and payment of all costs,charges,and expenses,including,
but not limited to,attorney's fees and litigation expenses,incurred by the County. In the event of a default under this Agreement,both the$1,832,700.00 security provided under
this Agreement and the$2,843,000.00 provided under the separate Road Improvement Agreement shall be immediately available to the County to perform any of the design,
construction,or maintenance work described in this Agreement or to cover any of the costs,charges,and expenses,including,but not limited to,attorney's fees and litigation
expenses,incurred by the County.
B. For Payment: Security in the amount of$9163 ,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
Acceptable corporate surety bond(Bond No.1112750 7363 dated January 24,2002).
Acceptable irrevocable letter of credit.
In addition to the$916,300.00 in security just described,the Developer has provided$1,421,500.00 in additional payment security,consisting of a$1,421,500.00
corporate surety bond(Bond No.1113359 9370 dated December 18,2001),pursuant to a separate Road Improvement Agreement entered into concurrently with this Agreement.
With all of the above security, the Developer guarantees payment to all contractors, subcontractors, laborers, materialmen, and other persons employed in the
performance of this Agreement and referred to in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code for materials furnished or labor thereon of any
kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor. In the event the Developer fails to guarantee payment to the persons just
listed,both the$916,300.00 security provided under this Agreement and the$1,421,500.00 provided under the separate Road Improvement Agreement shall be immediately
available to cover payment to the persons just listed,including payment of any interest,attorney's fees,court costs,and litigation expenses authorized by law. Upon acceptance of
the work as complete by the Board of Supervisors and upon request of the Developer,the amount of the security may be reduced in accordance with Sections 944.406 and 94-
4.408,af the County Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform
satisfactorily for a period of one-year from and ager the Hoard of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance,"of the County
Ordinance Code. Developer 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 that 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. MPROVEMENULAN WARRANTY. Developer warrants the improvement plans for the work will be 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 during the one-year guarantee
period,said improvement pians prove to be inadequate in any respect,Developer 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 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. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnitees benefitted and protected by this promise are the County,and its special districts,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 liabiIkv are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable
to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any 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 of these matters,or that the
alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County
Flood Control and Water Conservation District(collectively,"District'")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages
or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under
Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,
any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,
approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement.
2. BLC's obligations under Section i above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or
any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims,losses,liabilities,
damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for
dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement
and shall survive the dedication and acceptance of improvements by County or District.
9. COSTS',: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to
maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the
County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
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 maintaining the work,Developer agrees to pay all
attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. 2JCORPOIt<ATION/ NNEX&UON. 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 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 Developer,who shall fulfill all the terms of this Agreement as though Developer had
contracted with the city originally.
12. CONSIDERATION. In consideration hereof:
(Check applicable section(s))
X_ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
X County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
x Other(requires County Counsel approval): So long as Developer strictly complies with all obligations and deadlines of the Right-of-Way Acquisition
Agreement and this Agreement and fully complies with other applicable regulations,County shall allow Developer to secure approval of final subdivision
maps and other entitlements,permits and approvals for individual phases of Subdivision 7976.
DS:HB:Iad
0:\GrpData\Eng9vc\HEATHER\2002\Febnmy\RA 1127 Agr.doc
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of _ ifry0g,❑
County of - ���g_ �'�y�❑�
On_'420,8 op E � before me,'_Ld) A 1CAlLfazl t PUL f i
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ode Name and Title of Officer(e.g Jane Doe,Notary jublV)
personally appeared anj kw V
Nama s}of Signe4)
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 that14a4he/they executed the
same in r/their authorized ca aci ies and that b
DEBRA Z SHERWO0D hri&%er/their signature(s)on the instrument the person(s),
Cof��u. � 1or the entityupon behalf of which the arsons acted,
NOTAW PUBLIC-CAUFORMAG) P p { )
c tvT�A cosT�ro,INTY f} executed the instrument.
COMM.EXP.JULY 15,
WITNESS my hand and official se ,
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) Cather Than Named Above:
Capacity(les) Claimed by Signer(a)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
* Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner---17 Limited ❑ General L. Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee ..
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Either: Top of Thumb here
Signer Is Representing: Signer Is Representing:
01995 National Notary Association•8238 Rommet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toff-Free 1-800-876-6827
AGREEMENT
(Acquisition of Off-Site Right-of-Way)
1. PARTIES. Effective on February 12, 2002, the County of Contra Costa,
referred to as the "County," and Windemere BLC Land Company, a California limited
liability company, referred to as the "Subdivider," agree as follows:
2. PURPOSE. The Subdivider is subdividing certain real property within the
County designated as Windemere Phase I (Subdivision 7976), and as a condition of
such subdivision, is required to construct or install certain off-site improvements
consisting of the southerly extension of Bollinger Canyon Road. The construction or
installation of the off-site improvements requires the acquisition of title to, or an interest
in, certain land located within the unincorporated area of the County, in which land
neither the Subdivider nor the County presently has sufficient title or interest to permit
the improvements to be made. The Subdivider presently is acquiring a right-of-way
(referred to as the "Camp Parks ROW") that runs across federal land owned by the U.S.
Department of the Army ("Army"). In the event that the Subdivider fails to acquire or
improve the Camp Parks ROW according to the schedule set forth in Section 11 below,
the purpose of this Agreement is to provide for acquisition of a different right-of-way
(referred to as the "Right-of-Way") on other land located west of Camp Parks. Another
purpose of this Agreement is to provide for payment by the Subdivider of all costs of
acquiring the Camp Parks ROW or the Right-of-Way, including, without limitation, all
costs, charges, and expenses incurred by the County.
3. ACQUISITION OF RIGHT-OF-WAY. The County agrees to consider the
institution of condemnation proceedings to acquire the Right-of-Way, so as to enable
the construction or installation of the off-site improvements described in Section 2 above
and in the conditions of approval for the Subdivider's subdivision. Should the County
elect to institute condemnation proceedings, the County shall determine, in its sole
discretion, whether to acquire the Right-of-Way in fee, by easement or otherwise, and
whether to acquire title by deed, offer of dedication or other document Title to the
Right-of-Way shall be acquired in the name of the County or such other public entity as
the County shall determine. The Right-of-Way is generally described or depicted in
Exhibit "A" attached to and made a part of this Agreement.
4. PAYMENT OF ACQUISITION COSTS. The Subdivider shall pay all costs
and expenses of acquiring the Right-of-Way, including, but not limited to:
a. The deposit necessary to obtain immediate possession of
the Right-of-Way.
b. The purchase price or compensation for the Right-of-Way,
whether determined through settlement, judgment or otherwise.
C. Relocation benefits, if any, payable to the owner(s) or
tenants of the Right-of-Way.
d. Compensation for loss of goodwill, if any, payable to the owner(s)
or tenants of the Right-of-Way.
e. Attorney's fees, costs of suit, appraisal fees and other
litigation expenses incurred by the County, whether prior to trial, at
trial, or on appeal.
f. The cost of preparing environmental documents and of
performing environmental review necessary to comply with the
provisions of the California Environmental Quality Act.
9. Fees and costs payable upon abandonment of the
condemnation proceedings.
h. Fees and costs awarded upon a finding of no or insufficient
public use or necessity.
L The cost of negotiation, relocation assistance or other
services performed by the County.
The Subdivider's obligation to pay all costs and expenses of acquiring the Right-
of-Way shall exist whether the County elects to institute condemnation proceedings or
not.
5. INFORMATION FOR RESOLUTION OF NECESSITY. No later than 30
days after a request from the County, the Subdivider shall provide the County with all
information necessary to obtain a Resolution of Necessity, includingthe following
documents and information in writing:
a. The name and address of the owner(s) of the property, and any
tenants on the property, the legal description (metes and bounds)
and plat maps (drawn to scale) of the property to be condemned.
b. Evidence of compliance with the California Environmental
Quality Act of 1970 (Pub. Resources Code Section 7260 et seq.).
C. A statement of all offers made to obtain the property by negotiation
and copies of all correspondence indicating offers and responses,
including evidence of an offer, which satisfies the requirements of
Government Code Section 7267.2.
d. A current title report and appraisal of the property.
6. LEGAL SERVICES. Upon election by the County to institute
condemnation proceedings, the County Counsel's Office shall have supervision of the
said condemnation action but the Subdivider's attorney shall perform all legal services
required for said condemnation action, such as (a) commencing proceedings pursuant
to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure
to acquire an interest in the land which will permit the improvements to be made,
including proceedings for immediate possession of the property under Article 3
(commencing with Section 1255.410) of Chapter 6 of such title; (b) all required legal
appearances; (c) conducting the trial of said matter; and (d) handling any required post
trial proceedings, including appeals. Any attorney retained by the Subdivider shall be
associated as special counsel for the County, but the County shall not be responsible
for payment of the fees or expenses charged by such attorney. The Subdivider agrees
that any attorney retained by the Subdivider shall conduct the legal proceedings without
delay and in such a manner as to acquire the Right-of-Way as soon as practicable, but
in no event shall the eminent domain action be filed later than ten (10) days after a
Resolution of Necessity has been adopted by the Board of Supervisors. Title to the
property (whether by fee, easement or otherwise) shall be acquired no later than 18
months after filing the eminent domain action. The Subdivider's attorney shall notify
County Counsel in writing of the following events immediately upon their occurrence:
the date eminent domain proceedings are commenced, the date possession of the
property is obtained, and the date title to the property is obtained.
Notwithstanding the Subdivider's use of a private attorney, the County
retains the right, in its sole discretion, at any time, to require that the County
Counsel's Office resume exclusive handling of the legal proceedings until the
Right-of-Way has been finally acquired, whether through settlement,
judgment or otherwise.
All services rendered by the County Counsel's Office will be charged to the
Subdivider at the rate of$120.00 per hour, as adjusted from time to time. Costs of suit,
deposition fees,appraisal fees, telephone tolls, mileage, fax changes, delivery or
mailing services and other expenses are additional and will be charged to the
Subdivider at actual cost.
7. OTHER SERVICES. The County may perform such other services as the
County, in its sole discretion, deems necessary for acquisition of the Right-of-Way.
These may include, without limitation, negotiation and relocation assistance service
provided by the Public Works Department (Real Property Division) and environmental
review service provided by the Community Development Department. Such other
services will be charged to the Subdivider at the County's fully burdened salary rate.
8. DEPOSIT OF PRELIMINARY COSTS AND EXPENSES. At the time of
executing this Agreement, the Subdivider shall deposit with the County the sum of
$20,000.00 in cash, certified check or cashier's check, which sum shall cover the
estimated costs and expenses described in Sections 4, 5, and 6 above.
If, at any time, the deposit just described is exhausted, or is insufficient to cover
costs or expenses incurred by the County, the County shall promptly notify the
Subdivider in writing. Within 15 days of the date of such notice, the Subdivider shall
deposit with the County the additional sum specified in the notice.
Any portion of the deposit(s) made by the Subdivider that is not used to cover
costs or expenses incurred by the County shall be refunded to the Subdivider.
9. DEPOSIT OF PROBABLE COMPENSATION. In those cases where the
Subdivider has obtained an appraisal of the Right-of-Way prior to executing this
Agreement, the Subdivider shall, at the time of executing this Agreement, deposit with
the County, in cash, certified check or cashier's check, the sum shown in the appraisal,
which sum shall be used to obtain immediate possession of the Right-of-Way pursuant
to Code of Civil Procedure Section 1255.010.
In those cases where the Subdivider has not obtained an appraisal of the Right-
of-Way prior to executing this Agreement, the Subdivider shall, at the time of submitting
the appraisal required under Section 5, also make the deposit just described.
An appraisal (check one);
[ ] has been obtained. The probable amount of compensation to be
deposited with the County is $
[xx] has not been obtained.
Prior to the time the condemnation action is to be filed, Subdivider may make
written application to the County to deposit with the Court the probable amount of
compensation pursuant to Code of Civil Procedure Section 1255.010. Said application
must be made no later than 3 days following the adoption of the Resolution of Necessity
by the Board of Supervisors and a copy of the application shall be sent to the County
Counsel's Office. In the alternative, the Subdivider may make the Code of Civil
Procedure Section 1255.010 deposit from other sources and, upon proof thereof,
request return of the amount of probable compensation from the County.
If an increase of deposit is ordered by the court pursuant to Code of Civil
Procedure Section 1255.030, the Subdivider shall deposit the amount of the increased
deposit with the court, within 5 days of receipt of the court's order to increase the
deposit.
Any portion of the deposit(s) made by the Subdivider and retained by the County
(as opposed to being deposited with the court) that is not used to cover costs or
expenses incurred by the County shall be refunded to the Subdivider.
10. SECURITY FOR SUBDIVIDER'S OBLIGATIONS. At the time of
executing this Agreement, the Subdivider shall, in addition to the deposits described in
Sections 8 and 9, submit to the County a corporate surety bond, letter of credit or other
security in the sum of$1,980,000.00, which sum shall cover the estimated costs and
expenses to be incurred by the County between the time immediate possession of the
Right-of-Way is obtained and the time the eminent domain proceeding is finally
concluded, as well as any potential additional compensation, benefits and attorney's
fees that may be awarded to the owner(s) of the Right-of-Way in the eminent domain
proceeding. The security submitted by the Subdivider shall be in a form acceptable to
the County Counsel's Office, shall list the County as beneficiary or payee, and shall
guarantee the payment and performance of all obligations of the Subdivider under this
Agreement. Should the County file suit to collect the security submitted by the
Subdivider, the Subdivider and the issuer of the security shall pay all costs, attorney's
fees, investigation and expert fees, and other expenses incurred by the County, and this
section shall in no way limit the Subdivider's responsibility for payment of all costs and
expenses described in Section 4, 6 and 7.
11. CAMP PARKS ROW. To satisfy the conditions of approval for
Subdivision 7976,the Subdivider has committed to use its best efforts to acquire a
different right-of-way ("Camp Parks ROW"), which runs across federal land owned by
the Army and is generally described in Exhibit "B" attached to and made a part of this
Agreement. The Camps Parks ROW provides a superior route for the southerly
extension of Bollinger Canyon Road and is the route preferred by the County and the
Subdivider. The Subdivider presently is negotiating with the Army an exchange
agreement, under which the Subdivider will construct certain improvements within the
Camp Parks Reserve Training Area, and, in exchange, the Army will grant a right of
entry to the Subdivider to enable the Subdivider to construct the above off-site
improvements within the Camp Parks ROW. Upon completion of the off-site
improvements, the Army will provide to the Subdivider an offer of dedication or other
instrument acceptable to the County transferring to the County fee title to the Camp
Parks ROW.
The Subdivider has committed to and shall complete the following actions by the
following deadlines:
Action Deadline
1. Complete negotiation of and execute exchange May 31, 2002
agreement with the Army; obtain right of entry
over Camp Parks ROW
2. Begin construction of off-site improvements on August 1, 2002
Camp Parks ROW pursuant to improvement
plans reviewed by Public Works Department
(see Road Improvement Agreement; County
Ordinance Code Chapters 96-2 and 96-4)
3. Complete construction of off-site improvements August 1, 2003
on Camp Parks ROW to satisfaction of Public
Works Department (see Road Improvement
Agreement; County Ordinance Code Chapter
4. Obtain County acceptance of off-site September 15, 2003
improvements on Camp Parks ROW; deliver to
County offer of dedication or other instrument
for Camp Parks ROW in form acceptable to
County (see Road Improvement Agreement,
County Ordinance Code Chapter 96-4)
So long as the Subdivider performs each of the above actions in strict compliance with
the listed deadlines, the County agrees not to elect to institute condemnation
proceedings for the Right-of-Way, as authorized under Section 3, and agrees not to
request information for a resolution of necessity, as authorized under Section 5.
If the Subdivider enters into the exchange agreement with the Army by May 31,
2002, but later fails to perform any other action by the listed deadline, the County shall
have the right in its sole discretion to.
(a) elect to institute condemnation proceedings for the Right-of-Way pursuant to
Sections 3 and 6; or
(b) using all or part of the security provided by the Subdivider under Sections 8, 9,
and 10, proceed to complete design and construction of the off-site
improvements on the Camps Parks ROW and to fulfill any other obligations of the
Subdivider under the exchange agreement.
In the event that the County chooses to proceed under option (b), the County shall be
entitled to all rights and remedies provided by the Road Improvement Agreement and
by law. In particular, to the extent not covered by the security provided by the
Subdivider, the Subdivider shall promptly pay, upon demand, all costs, charges, and
expenses incurred by the County, including, but not limited to, Public Works staff
charges (including benefits and overhead), attorneys fees, litigation expenses, and court
costs.
12. RECORDS. The County shall maintain accurate records of all services
performed by the County and all costs or expenses incurred by the County.
13. ACQUISITION TIME. Concurrently with signing this Agreement, the
Subdivider plans to file with the County for approval the final maps for Subdivisions
8149, 8152, 8154, and 8158 (phases of Subdivision 7976) pursuant to Government
Code Section 66457. Consistent with the court's holding in Hill v. City of Clovis (2000)
80 Cal.AppAth 438, the Subdivider acknowledges and agrees that, upon the County's
approval of the final maps, the 120-day time limit in Government Code Section 65462.5
does not apply to acquisition of the Right-of-Way.
By this Agreement, the Subdivider assumes the obligation to: (1) acquire
possession of the Camp Parks ROW by May 31, 2002 and to meet the other applicable
deadlines for the Camps Parks ROW listed in Section 11; or(2) to file an eminent
domain action to acquire title to and possession of the Right-of-Way no later than 10
days after a Resolution of Necessity has been adopted by the Board of Supervisors. If
the Subdivider does not obtain possession of the Camp Parks ROW by May 31, 2002 or
if the Subdivider misses any other deadline for the Camp Parks ROW listed in Section
11, the Subdivider shall notify the County Public Works Department and the County
Counsel's Office of this fact, in writing, no later than 10 days after the applicable
deadline. Thereafter, if the County elects to institute condemnation proceedings for the
Right-of-Way, the Subdivider shall file an eminent domain action for acquiring title to the
Right-of--Way and shall obtain possession of the Right-of-Way no later than 10 days
after a Resolution of Necessity has been adopted by the Board of Supervisors. In such
event, the Subdivider shall acquire and dedicate to the County title to the Right-of-Way
(whether by fee, easement or otherwise) no later than 18 months after the
commencement of the eminent domain action or by February 1, 2004, whichever comes
first.
If, for any reason, the 120-day limit of Government Code Section 66462.5 is
construed to apply to acquisition of the Right-of-Way, the obligation to meet that limit
has been assigned to the Subdivider by this Agreement. The Subdivider shall make all
payments, and perform all obligations, required of the Subdivider under this Agreement
in a prompt manner, so as to meet the schedule imposed by Government Code Section
66462.5, to the extent applicable. Any time delay caused by or resulting from delay in
payment or a delay in the performance of or failure to perform any act required by or
related to this Agreement, for whatever reason, on the part of the Subdivider, the
Subdivider's attorney or their agents or employees, any time expended in complying
with the requirements of the California Environmental Quality Act, or any time expended
in acquiring or improving the Camp Parks ROW shall not apply against the 120-day time
limit and shall not relieve the Subdivider of the obligation to complete off-site
improvements. The Subdivider agrees that the 120-day time limit shall be tolled for the
period of the delay. The Subdivider further agrees that, if the 120-day time limit is
exceeded as the result of any act of the Subdivider, the Subdivider's attorney or their
agents or employees, the Subdivider shall not be relieved of its obligation to construct or
install the off-site improvements described herein.
14. HOLD HARMLESS. The Subdivider agrees to defend, indemnify, save
and hold harmless the County, its boards, officers, employees and agents from and
against any and all costs, expenses or liability incurred by the County or the Subdivider
in connection with the Subdivider's acts, errors, or omissions pursuant to this
Agreement, or otherwise related directly or indirectly to the acquisition of the Right-of-
Way, or the project to be constructed by the Subdivider.
15. WARRANTY OF AUTHORITY. By executing this Agreement, each of the
undersigned covenants, warrants, and represents that he, she or it is fully authorized to
enter into this Agreement.
16. TIME OF ESSENCE. Time is of the essence in this Agreement. The
Subdivider shall perform all of its obligations in strict compliance with the time limits
specified in this Agreement.
17. DEVELOPMENT AGREEMENT. In executing this Agreement, the
Subdivider reserves all rights granted under the "DEVELOPMENT AGREEMENT BY
AND BETWEEN THE COUNTY OF CONTRA COSTA AND WINDEMERE RANCH
PARTNERS" dated January 18, 1996.
18. AMENDMENT. This Agreement may be amended only with the advance,
written approval of the County and the Subdivider.
19. NO WAIVER. During the pendency of this Agreement, should either party
fail to enforce or fail to require strict compliance with any of this Agreement's provisions,
such failure shall not affect the validity of this Agreement and shall not be deemed a
waiver to thereafter enforce this Agreement or any of its provisions, including thosenot
previously enforced.
20. NOTICES. Except as otherwise specifically set forth herein, all notices or
other communications specifically required or permitted to be given under this
Agreement shall be in writing. Notice shall be sufficiently given for all purposes as
follows:
a. When mailed by United States first class mail with postage prepaid,
notice shall be deemed delivered three (3) business days after deposit in the United
States mail
b. When mailed by certified mail with return receipt requested, notice
shall be deemed delivered on receipt if delivery is confirmed by a return receipt.
C. When delivered by overnight delivery by a nationally recognized
overnight courier, notice shall be deemed delivered one (1) business day after deposit
with that courier.
d. When personally delivered, notice shall be deemed delivered on
the date personally delivered.
Any party may at any time change its address for the delivery of notice upon five
(5) days' written notice to the other party.
COUNTY—
Contra
OUNTY—Contra Costa County Public Works Department
Engineering Services Division
255 Glacier Drive
Martinez, CA 94553-4897
Attention: Heather Ballenger, Assistant Public Works Director
with a copy to:
Contra Costa County Counsel's Office
651 Pine Street, 9th Floor
Martinez, CA 94553-1229
Attention: Linda Wilcox, Deputy County Counsel
SUBDIVIDER—
Windemere BLC Land Company LLC
3130 Crow Canyon Place#310
San Ramon, CA 94583
Attention: Pete Peterson
with a copy to:
R. Clark Morrison, Esq.
Morrison & Foerster LLP
101 Ygnacio Valley Rd., Suite 450
Walnut Creek, CA 94596
21. NO THIRD PARTY BENEFICIARIES. This Agreement is intended solely
for the benefit of the parties hereto and their respective successors, assigns, affiliates
and subdivisions, and shall not be construed to create any rights in any other person or
entity.
22. EXECUTION IN COUNTERPARTS. This Agreement maybe executed in
any number of counterparts, each of which shall be deemed to be an original and all of
which together shall be deemed to be one and the same instrument. Furthermore, this
Agreement may be executed and delivered by the exchange of electronic facsimile
copies or counterparts of the signed documents, which facsimile copies or counterparts
shall be binding upon the parties.
23. INTERPRETATION: GOVERNING LAW. This Agreement shall be
interpreted, and the rights and the duties of the parties shall be determined, in
accordance with the laws of the State of California.
24. HEADINGS: CROSS-REFERENCES: EXHIBITS. The headings and
captions used in this Agreement are for convenience and ease of reference only and
shall not be used to construe, interpret, expand or limit the terms of this Agreement. All
cross-references in this Agreement, unless specifically directed to another agreement or
document, shall refer to provisions in this Agreement and shall not be deemed to be
references to any other agreements or documents. Each of the exhibits attached to this
Agreement is hereby incorporated into this Agreement by this reference.
25. NO DURESS. This Agreement is executed voluntarily by each of the
parties without any duress or undue influence on the part of, or on behalf of, any of
them. Each of the parties to this Agreement has read and full understands the meaning
of each provision of this Agreement and has had an opportunity to consult with legal
counsel prior to entering into this Agreement.
26. SUCCESSORS AND ASSIGNS. The terms and conditions of this
Agreement shall be binding upon and inure to the benefit of the parties and their
respective successors and assigns.
27. CONSTRUCTION. This Agreement has been reviewed by legal counsel
for all parties, and no presumption or rule that ambiguities shall be construed against
the drafting party shall apply to the interpretation or application of this Agreement.
28. SEVERABILITY. Should any provision of this Agreement be held to be
invalid or unenforceable by a court of competent jurisdiction, such holding shall not
affect the remaining provisions of this Agreement.
COUNTY SUBDIVIDER
County of Contra Costa Wfl indemere BLC Land Company LLC
L t,C,
By, By �+►��►' °ate J
ir, Board of Supervisors -+ S1, '"�+ • �''�
Its
ATTEST: John Sweeten, County
Administrator and Clerk of the Board of
Supervisors
Its wAVVCI t O 1-IGFsQ
By
epu
W.. I.;;;;,.;
... ....
RECOMMENDED FOR APPROVAL.:
Maurice M. Shiu, Public Works Director
FORM APPROVED:
Silvano B. Marchesi, County Counsel
By Q(b J.,j,"',if'
beuty
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of d lr/I i�7Ln 1 .
County of
before me.'� ,4h-ajo.
Vats Name and Title of Officere.
( g.,'Jana Doe,Notaq Public")
personally appeared ?, �� rtr, r �
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 hefshe/they executed the
same in44sAwlitheir authorized capacity(ies), and that by
rDEBRA A.SHERWOO€7 bis/her/their signature(s)on the instrument the person(s),
°° ""'#112 or the entity upon behalf of which the person(s) acted,
OTARY PUBLIC-CAUFORNIA
CONTRA COSTA COUNTY 0 executed the instrument.
COMM.EXP.JULY 16.2DO5
WITNESS my hand and official se017
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(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner--❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ TrusteeElTrustee
ElGuardian or Conservator I` ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
01995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Cail Toll-Free 1-800-878-8827
# COUNTY CSF CONTRA COSTA , f
� s
DEPOSIT PERMIT
bFKE OF COUNTY. -CONTROLLER d
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECENED FROM
ORGANIZATION NUMBER -� ,+
(For Cash Collection Procedures see County Administrator"s Bulletin 105.)
DESCRIPTION FUND/ORG. Sulk ACCT TASK OPTION ACTMTY AMOUNT
�
t� PSC � 1 f
? SPS ' - �1 )4 610 ;)to 1 1t S 5
LIP? -5q�l b 14 lot-0 35e) ' IA,934 17�'
4�5q0 4 6 7 r
58 1)03 3 1 3 q4 X 44
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EXPLANATION: EN(q °�,ri,/Cn �,' '7 (� ) c�S �7" 61 1 Del TOTAL
Reel,`. C c� ! I— vet 1I>5 DEPOSIT
c Deposit consists of the following iterns
t `c S* 0 l 0 o J r 14. , qA!5112,9oL591COIN and CURRENCY $ ? /
CHECKS,M.O.,ETC. +,
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE 580891 JAN
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amou t is hereby f 1:7
deposit into the County Treasury. ock
Signed:
Title. } �lj EXT ty aunty itor, ty County Tireasurier
ell 1�1
I-34 REV.(7 93)
COUNTY 6F+IrANTRA COSTA }
' s
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER Yp
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
(brow i-flon)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SIR ACCT.
TASK OPTION ACTIVITY AMOUNT
N " $P4gkj)La;�' ' q?if X41
DOi
L a5'C
CSF #1? 04530 9931 A ab.;24' S t ;13
w410106 qjqj 10"A 4 IV '2,5W �6
A� ISA 65 14-3, &3q X30
aU 10 7
666119 941,5' 16�
I
I
,
1
EXPLANATION: TC)� 1"` z $
Depbsittonsista of the following items
V COIN and CURRENCY $
CHECKS;MO,ETC. $
BANK DEPOSITS $
FOR AUDITOR CONTROLLER USE ONLY
DEPOSIT
PERMIT D
NUMBER
DATE 1 "7 G /
ASSIGNED
The amount of money,described above is for Treasurer's receipt of above amount is approved. Receipt of above a
ignt is hereby
deposit into the County yTTreasury. acknow dged, r
Sed: 61111
1 W t Daus
Signed: 'tln
Title: XT. DepuV County tor. ty County Treasurer
D-34REV.l7-93) -sc ,✓` .
0682-9752 / 819200: 61091261, $1,900.00, Bacation of Kenzor
Ave, 611866, Barbara Peterson, 250 Lake Dr. Kenington, CA
94708
0649-96651_831000: G1091262,_ 500.QC Record of purvey (SIS _.----
2678, Roger David Deakins, 549 Miner Rd, Orinda, CA 94563-
1429
819800-0800: 61091264, $18,300.00, RA1127, Cash Bond,
Windemere BLC, LLC, 3130 Crow Canyon Rd, Ste 310, San Ramon,
CA 94583
819800-0800: 61091269, $20,000.00, RA1094, RA1127, Sub
7976, Cash Bond, Windemere BLC, LLC, 3130 Crow Canyon Rd, Ste
310, San Ramon, CA 94583
0648-9140 / 812100: 61091066, $16,378.50, City of Antioch, P O
Box 5007, Antioch, CA 94531-5007
Bond No. ltI 2750 7363
Premium: $6,350.00
Developments RA 1127'(caross-reference SUB 7976)
IMPROVEMENT SECURITY BLIND
FOR ROAD IMnovx mNT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
2. R'EcITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay, for street, drainage and other
improvements on,or along Bollinger South—Alternative B to complete said work within the time specified
for completion in the Road h prover neat Agreement,all in accordance with State and local laves and rulings.
2. OBLIGATION: Windemere BI..C, LLC,as Principal and The American Insurance* a corporation
organized under the laves of the State of Nebraska 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:
*Company
A. Performance: Million- Eight Hundred Fourteen Thousand„ Four Hundred Dollars
($1,814,400.00) for itself or any city assignee under the above County Road .Improvement
Agreement,plus
B. Payment: Nim HUUdddMd Si=Thousand. Three Humdred Dollars ($916,300.00)to secure the
claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California,
3. CONDITION:
A. The Condition of this obligation as to Section(2.A..)above is suchthat ifthe above bonded Principal,
or principal's heirs,executors,administrators, successors or assigns,shall in all things stand to and
abide by and well and truly beep and perform the covenants, conditions and provisions in,the said
agreement and any alteration thereof made-as therein provided on it or its part, to be kept and
performed at the time and in the maimer 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 fall force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefm,there
shall be included reasonable casts,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee,in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the
undersigned as corporate surety are held firmly bound unto the County of Conga Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of
any kind, or for amounts due under the Unemployment Insurance Act with pgspect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurmdby
the County of Contra Costa or city assignee,in suecessf illy enforcing such obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included it the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
becomenull and void;otherwise it shall be and remain in full force and effect,
C. No alteration of said Road Improvement Agreement or anyplan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without Anther notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED.AND SEALED:
The undersigned executed this document on January 24= 2002
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Hames of California, Inc.
PRINCIPAL: its manager SURETY: THE AMERICAN INSURANCE COMPANY
Address: 3130 Crow Canyon Place Ste 310 Address: 5 Peters Canyon
City: o C $ City: I vine, CA 92606
By: By:
Print NVaMyne» ichard A. Petersen Print Name: Patricia Brenner
Title. vice President Title: Attorney-in-Fact
Mad
WOMW�aona�,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907
State of Califomia
County of Orange
On January 24, 2002 before me, Alexis H.Bryan,Notary Public
DATE NAME,TITLE OF OFFICER.E.G.,"JANE:DOE,NOTARY PUBLIC"
personally appeared Patricia Brebner
NAME(S)OF SIGNER(S)
personally known to me-OR- [.1 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 H.BRYAN WITNESS my hand and official seal.
Commission#1306738
:p NotaryPublic-California
Orange County
My Comm,Exp;ra�Jun 1,24115 SIGNATU OF NOTAR
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)
❑ 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-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CAA 91309-7154
F`IUMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNrrY CORPORATION
'TKB AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILL INSURANCE COMPANY
GENERAL POWER OP ATl't'fRNBY
KNOW ALL MM BY TNESB PRESENTS:That FUUMM'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporatism,THE AMERICAN INSURANCE COMPANY.a Now 7tion redomesticateed in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN UT BILE INSURANCE
COMPANY,a Missouri corporation,therein collectively called"the Companies")does each hereby appoint 1--ricin Brebner
6f Caste Mesa, CA
their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof-------_----
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the Wit,sealed with the corporate seals of the
Companies and duly atLestexd by the Companies Secvmaty,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This powerr of attorney is granted under and by the authority of Article VII of me By-laws of each of the Companies which provisions are now
in Ertl!farce and effect
This power of attorney is signed and sealed under the authority of the following Resoiuti ptod by the Board of Directors of each of the
Companies at a meeting duly caller!and held,or by written consent,on the 19th day of 1995,and said Resolution has not been amended
or repealer!:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident nt Assistant Secretary of the Companies,
and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,
or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies."
IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-!'resident,and their corporate seals to be hereunto
affixed this 30 day of January 2001
FIREMAN'S FUND INSURANCE COMPANY
�„ •.•.,..'. *` """ err-.
NATIONAL SURETY CORPORATION
a 4THE AMERICAN INSURANCE COMPANY
24.ave two , _•+ 1� f ASSOCIATED INDEMNITY CORPORATION
�Ir o �.......,•' �'ca cat ax5" +!iw+N AMERI UTOMOBII.E INSURANCE COWANY
STATE OF CALIFORNIA SS. By 0_t" J Gr-w^
COUNTY OF MARIN I V> idwt
On this 30 day of J an nary 2 00 1.before ma Personally came-_ Donn- R. Kolbeck
to me known,who,being by me:duly swam,did depose and say:that he is a Vice-President of each company,described in and which executed
the above instrument:that he knows the seals of the said Companies;that the seals affixed to the said instrument acre such company seals;that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
x�tiszity a 12AZZOU �
0 COMM.ttt
IL MDT M WN C
IfopUilA 0
My Gonia R*Mw Apt 2%atMhi
STATE OF CALIFORNIA SS. CERTIFICATE N
COUNTY OF MARIN
I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER. OF
ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution
of the"board of Directors;set forth in the power of Attorney,are now in force.
Signed and sealed at the County of Marin. Dated the 24th day of January 2002
ss1T.a.ihf �, Q
C
• 9•XAL.
19K�'
Resident AssistAnt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On� r 4- before me6-fW &tN rt'-�� 1 r
Date Name and Title of Officer(e.g., Jane Doe,NotW Public)
personally appeared
Name(s)of Signer(s)
)i personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(e) is/fife subscribed to the within instrument
and acknowledged to me that he/sho**y executed the
DEBRA A.SH-ERR=Wtet7� '
same in his/weir authorized capacity(ies),and that by
coMM.*1313582 his/fir signature(4on the instrument the personH,
NQTARY PUBLIC-CALIFCIRNIAW
CONTRA COSTA COUNTY� or the entity upon behalf of which the person(&) acted,
COMM.EXP•.111111 executed the instrument.
WITNESS my hand and official seal.
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
❑ 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:
0 1995 National Notary Association•8238 Rammet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-878-8827
_ Bond Nes. 111 2750 7355
Premium: $6,930.00
Subdivision: RA 1127 CgW5,Lrefe=0 S ,ZB 7976
SECURITY BOND FOR ACQUISITION OF
OFF-SITE RIGHT-OF-WAY AGREEMENT
(Performance, Guarantee, and Payment)
(Calif.Government Code §§ 66499-66499.10) _.
1. REQUAL OF SUBDMUO—N AGREEMENT.The Principal has executed an agreement with the County to
acquire off-site right of way for the construction of road improvements for Subdivision RA 1127(cross-refemee SUB 7976,as
specified in the Acquisition of Off Site Right-of-Way Agreement, and to complete said wont within the time specified for
completion in the Acquisition of Off-Site Right-of-Way Agreement, all in accordance with State and local laws and rulings
thereunder in order to satisfy conditions for filing of the Final Map for said Subdivision.
2. OB IC3ATI N.Windernere BLC,LLC, as principal, and The American Insurance Company
_ .a corporation organized existing under the laws of the State of Nebraska op
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 &Guarantee S 1,980,000.00 Dollars(S)for itself or any city-assignee under the above
County Acquisition of Off-Site bight-of-Way Agreement.
3. COND]TION, This obligation is subject to the condition set forth on the reverse side hereof.
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.
As a part of the obligation secured hereby and in addition to the face amount specified therefor,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by
County(or city assignee)in successfully enforcing;such obligation,all to be taxed as costs and included in any
judgement rendered.
B. The condition of this obligation as to Section 2.(13) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra,Costa and all ether persons
employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for
materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act
with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount
herein above set forth,and also in case suit is brought upon this bond,will pay,in addition to the fact amount
thereof,costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by County(or
city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed
as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title IS(commencing with Section 3082)of
Part 4 of Division 3 of the Civil Code,so as to give a right of action to them 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 force and effect,
C. No alteration of said Acquisition of Off-Site Right-of-WayAgreement agreed to by the Principal and
the County shall relieve any Surety from liability on this band; and consent is hereby given to make such
alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of
California Civil Code §§ 2819, and holds itself bound without regard to and independently of any action
against Principal whenever taken.
SLQM&M SE;,AT M on_______—January 24, 2002
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Homes of California, Inc.
its manager
THE AMERICAN INSURANCE COMPANY
Principal Surety
3.130 Crow Canyon Place Ste .310 5 Peters Canyon
Address Address
San Ramon, CA 94583 Irvine, CA 92606
i y, to and Zip City,State and Zip
By By
Richard A. Petersen Patricia Brebner
Print Name Print Nannie
Vice President Attorney-in- Pact
Title Title
('This area for official notary flags.All signatures must be properly notarized in accordance with Civil Code Section 1180.The
names and titles of the people signing the documents must be listed on the notary flag.)
Tit;tad
o,�GrpD=N9ngS.�a\Tarm)20=Xa
kk jwu�7r;tsps
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of Califomia
County of Orange
On January 24, 2002 before me, Alexis H.Bryan,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia 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.
ALEXIS R.BRYAN WITNESS my hand and official seal.
_ + Commission#1309738 z ,
Notary Public-California
Orange County SIGNATURE OF NORY
My Comm.Expires Jun 1,2405
OPTIONAL
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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( )
{❑ 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-40871GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave.,P.O.Sox 7184-Canoga Park,CA 91309-7184
�F
FIREMAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNTI7 CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMODU INSURANCE COMPANY
GENERAL POWER.OF ArMRNR`Y
KNOW ALL MEN BY TIIBSE PRESENT'S: That F tENIAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a Now Jerseyy ccoarrppoorraation redomesticated in
Nebraska, ASSOCLkM INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia Brebner
bf Costa Mesar CA
their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof----_—_—------------
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the
Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Auamey(s)4n-Fri may do in the premises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now
in full force and effect.
This power of attorney is signed and sealed under the authority of the following Resolutiodqt adopted by the Board of Dissectors of each of the
Companies at a meeting duly called and held,or by written consent,on the 19th day of Manor, 1995,and said Resolution has not been amended
or repealed:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant of the Companies,
and the seal of the Coanpanies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,
or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies."
IN WITNESS WHEREOF,the Companies have caused these presents to be sig2ed by their Vice-President,and their corporate seals to be hereunto
affixed this 30 day of January , 2091
�•�";or , .""'� g F URAAN'S FUND INSURANCE COMPANY
NATIONAL SURETY CORPORATION
. i—•_ THE AMERICAN INSURANCE: COMPANY
7iCM'T.3.170 ,g, r (r1 rt A L
.,j+ .�' ► �_._ ASS 1NDEMI'
NITCORPORATION
o ++,.....,, NC,ere+ Olt ++coes�a AMERIC UTOMOBILE INSURANCE COMPANY
STATE OF CALIFORNIASS. By "�
COUNTY OF MARIN } Y
On this 30 day of __ January 2 001,before mepersonally came_ Donn R+ Kolbeck
to me known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed
the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that
they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order.
IN WITNESS WEIE tEOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
r KRISTIN A.GAZZOU f
COMM.01282230
NOiM WNOUNt`fiFWWtA
N
STA37B OF CALIFORNIA SS, CERTIFICATE
COUNTY OF MARIN
1, the undersigned, Resident Assistant Secretary of each company. DO HFsMY CERTIFY that the foregoing and attached POWER OF
ATTORNEY remains in fall farce and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution
of the Board of Directors,Set fortis in the Power of Attorney,are now in force.
Signed and sealed at the County of Marin. Dated the 24th day of January 2002
roan►
1j{,�,WT..8:in0 ,,��' a • Avg
t (r R A L)
POOL -
q +n".aaa �'MCa tar fk~• Vit ,
Resident Assistant
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County of !ti„
On U-0-A Xkn-,?A 92 f ate., before me
Date Name and-ntle of officer(e.g.,"Une Doe,Notary lid`)
personally appeared ti
Name(s)of Signer(s)
;personally known to me-OR-C.1 proved to me on the basis of satisfactory evidence to be the person
whose name(e)isA-"subscribed to the within instrument
and acknowledged to me that he/eheAhep executed the
SH RAOt t7 same in his/#e0Wte�lr authorized capacity(ies), and that by
D BRA A.Caton.#1313582 - his/hehth&signature(oon the instrument the person(4),
0 f1oTARYPUBUC-GAUFORNiA0 or the entity upon behalf of which the persons}acted,
CONTRA COSTA COUNTY 0 executed the instrument.
COMM.EXP.JULY 16,2005
WITNESS my hand official seal.
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 Data: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
El Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
El Trustee ❑ Trustee t
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb dere
Signer Is Representing: Signer Is Representing:
1995 Natlonai Notary Association•8236 Rsmmat Ave.,F'o.Box 7194 Canoga Park,CA 91308.7164 Prod.No.5807 Reorder;Calt Toli-Fraa 1-800-876-6827