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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 15, 2002,by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaul.nier, Glover and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2002110
SUBJECT: Approval of Drainage Improvement Agreement for Hidden Valley Detention Basin,
DA 0005 (cross-reference Subdivision 7976),being developed by Windemere BLC
Land Company,LLC, Dougherty Valley area. (District III)
The following document was presented for Board approval for Hidden Valley Detention
Basin, drainage improvement agreement file DA 0005 (Subdivision 7976)property located in the
Dougherty Valley area, Supervisorial District III.
A Drainage Improvement Agreement with Windemere BLC Land Company,LLC,principal,
whereby said principal agrees to complete all improvements, as required in said drainage
improvement agreement,within one year from the date of said agreement. Improvements generally
consist of drainage improvements.
Said document was accompanied by security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code, as follows:
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
Originator: Public Works(ES) On the date Shown.
Contact: Teri Ric(313-2363)
G:\GrpData\EngSveaO\2001\Tenp\DA 0005 BO 15.doc
WL:lad ATTESTED: January 15 , 2002
cc: Pubic Works- R.Bruno,Construction
Current Planning,Cotnsrtwtity Developtnent JOHN SWEETEN, Clerk of the Board of Supervisors and
T—11-15-02(PI)
Windetnere BLC,I.I,C County Administrator
3130 Crow Canyon Place,#310
San Rarrxn,CA 94583
The American Insurance Company
5 Peters Canyon
Irvine,CA 92606 By-
RESOLUTION
RESOLUTION NO.2002/ 10
SUBJECT: Approval of Drainage Improvement Agreement for Hidden Valley Detention Basin,
IIA 0005(cross-reference Subdivision 7976),being developed by Windemere BLC
Land Company,LLC,Dougherty Valley area. (District III)
DATE: January 15,2002
WAGE: 2
I. Cash Bond
Performance Amount: $10,800.00
Auditor's Deposit Permit No. DP 379205 .Date: December 24, 2001
Submitted by: Windemere BLC Land Company, LLC
Taxpayer identification number: 94-329-15-16
U. {.-Surety Bond
Bond Company: The American Insurance Company
:Bond Number and Date: 11133599354,December 19, 2001
Performance Amount: $1,068,200.00
Labor&Materials Amount: 539,500.00
Principal: Windemere BLC Land Company, LLC
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLOTZONG NO. 2002110
DeVdoptnettt No: DA 0005 X-Ref Sub 7976
Band: 111 3359 9354
Premium: $3,739.00
NPROVl NSM SECL'RUY BOND
FOR DRAINAGE WROVp.Mh'l r ACREEKENT
(faithful performance&mainte narxe,AM labor and rweriais)
O$LI AIM= Windemere BLL Land Company, LLC flMncival), as
Principal, and The American Insurance Com an (�
a corporation organized and edsting under Lhe laws of the State of Nebraska
and otgmAzed and emoting trader the laws of the Stm of California,as Surety,hereby jointly and scveraIly
bind Ours lvM our ham,executes,administrators,successors and assigns to tete County ofCaurra Costa,
California to pay it;
A. FaithfUl pe forMance + iC airttetnaxtie: One Mid liars Sixty Eight Thousand Two Hundredo d0
(SL1 for itself or any city a the below-cited Drainage"
Imiprovemon Agreement,plus
1.3, Labor doMatnialS Five Hundred Thirty Nine T u and E' ;e
(S 5, 9 r 00 d0 - )for the benefit ofpersons protrzted under-Tide 15,-§et-s+eq.
of the Cgilifordia Civil Code.
r
TtFQ 1 R` ,t'T s rhe prinCipalcanuact6d with the Com to install and pair for drainage and
Tract 7976
other irrqtYrve�menLs in ----- ,.. �� � 4 as specified in the age
bnp=v=entS Ave+e =4 and to crompilew said work with the *W spa ed. in tie Draimage
lnrpravem Asre=wwt forcomplefim all in arcordanw witb State and local laws and ndbw dmumder
is ozdcrto the COUMonS ofapptoval foar Tract 7.2.76
x
3. If`the principal faithfully perr{arms all WOW required act to d2O terms and conditions
of said contract and imprvvearW=plan and improvepnet s agreed art by the principal and:the County,then
this obligation as to Section l-(A.) above shall become null and void, accept that the guasante.e of
ma nc a continues for the one-yam period;and if'principal#`ally pays the rant ate,Subcontractor,%
and pemons renting equipment or fu=shiag tabor or rmtenals to them for said wo*and improveanent,and
protects the pmaises from claims of such liens,then this oblition as to Section 1-(B)above sball become
null and void,otherwise:this obligation remains in full force and effect.
No mon of`said contract or any plaits or specifications of said work agreed to by the Principal and the
county shall relieve any'stmety from liability on This bond; and cousent is hereby given to make such
alterations withour further notice to or consent by Surmy; and the Surety hereby waives the provision of
C.slifiTda Cbril Code § 2819, and holds itself bound without regurd to and independently Of any action
agaiw'.Przripai v6enaver taken,=4 agrecs Chas if County sues on this bonds Surety will pay reasonable
au,r:.cy fz<s ftx4d by court to be taxed as oasts and included in the judgement.
3. COurHrtox:
A. The C,onduion of this obligation as to Section 2.(A) above is such that if the above bounded
principal,his or its heirs,exeoumM ad uinisuagors,successors or assigns,shall in all things stand
to axed abide by,and,lull and truly kegs and perform the coverts,conditions and pro-isions in the
said agreement and any altaudon thereof made as thin provided,on is or its part,to be kept and
performed at the time and in the mater therein spccitic4 and in all rr.speets according to their trace
intent and meaning, and shall indemnify wJ save harmless the County of Contra Costa (or city
assip=), its officers,age=and mployam as theratn stipu'iatcai,thea this obligation sal bwome
null and void„otherwise it shall be and remain in full ford and e&=-
As pert of the obligati m secured hereby and in addition to the face amount sgecif ed thetf'ore,there
shall be included � and ale = and fees, m4udi reasonable�y's fees,
to be taxed as
in w by
t.aunty(or�'amSaft)in succcssfu ny enfaxoing such obligation,all
costs and included in arty judgement rendered.
The canditioct of this obligation as to Stctum 2.(B) above is such that said Pdmi* and the
undersigned as corporate surety arc held firmly bound unto the County of C4nttn Costa and all
cont s7tbconuaaors,W at
me~tial meat and other persons ewployW in the parformaauc
oft afM=d and referred to in the afsregWd Civil co&for materials fmdsbod cc lobar
1han'afaay kind,or for ataoumts due under the awn*yMm bmana Act wuh resp t to such
work or labor, that said surety will pay the sanne in an amount not exceeding the amount heWm
above set forth, and also in case suit is brought upon this band, will Pay' 'a addition to the fact
amount thereof, costs and re amble =peases and fees, including re✓asoynables azrtozwYs fees,-"
incurred by County("city assmpee)in suocessfnlly enfi=4aS srh obbgan=6 to be wNatded and
fixed by f comT and to be taxed as costs and to be included in the judge=at man w3d4"&
It is bereby eV Wdy mph=d agrees*aa ibis baud shall inure to the bcnc&of any awd all
per,companicssadcoqxgaumadidedwlkcla= vadcrZWS(rem . WaSem
30M)offtt 4+oMivisim 3 oft=Civil Code,sa as to give a right ofactimto tom►or t ur assigns
in any suit brought vrpnn baud.
Sbould the condition of this bcod be fully paftmed then this obligation shall bec ne null and void,
owe it shall be and remain in full fmW And'effect'
to bY
C. No alta=on of said sub&vision went a ar any plan or spe ciftc�u�n°this bond.ratida��is
the priue;`tpal and the County$bsl relieve any Surety *=liability
hcraby given m make such alteration without furher notice to or consent by Surety;and the S=W
of Cali oraia Civil Coda Section 2919,and holds itself bound without
laamby waives the Pwvi v� ver taken.
regard to and independently' of=y action sg&ina'c Principal
nYnarari eNb Sy��`D on December , 2001
WINDEMERE B CCOMPA'Y, LLC AMERICAN STJRANCE COMPANY
ennar s £ Calif'on ia, Inc. �
ice resBY atr c a Bre nc-, tto!ney-in-Fact s
a enc om on, 5 Peters Can on
� 3130 Crow anyon pi. #3 AAdr=
Irvine, CA 92606
San Ramon, CA 94583
�aMMi1E1�11MG�D�7 1.10.=
%a*- =W6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On December 19, 2001 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.
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: Bond No. 111 3359 9354
Number of Pages: Two (2)
Date of Document: December 19, 2001
Signers (other than those named above): Patricia Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907
State of California
County of Orange
On December I8, 2001 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 SIGNED(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.
ALEM ii.BRYAN WITNESS my hand and official seal.
h c ? r ws cn#1306 48 z
)p'p Nvrtgry Pubis-Caiiffyo� rnia
Orange County
Y s My Cofrm E'"irv>Jun 1,2,W5 SIGNATURE OF NO RY
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) LI
MITED
GENERAL
ATTORNEY-IN-FACT
[-1 TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PACES
[] OTHER:
SIGNER IS REPRESENTING: GATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 Ren at Ave.,P.O.Box 7184-Canoga Park,CA 913198-7184
FIREMAN'S FUND INSURANCE COMPANY
K&TIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBIM INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW AIL MEN BY THESE PRESENTS, That ]FIREMAN'S FUND INSURANCE CONVANX a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COWANY,a New Jersey corporation redomesticated in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a hfissouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia Bre bner
6f Costa Mesa, C.A.
their true and lawful Attorneys)-in-Pact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,tecognizances 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 seats of the
Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attamey*in-Fact 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 ResolufiO4 adopted by the Board of Directors of each of the
Companies at a meeting duly called and hold,or by written consent,on the 19th day of March,1995,and said Resolution has not been amended
or repeated.-
"RESOLVED,that the signature of any VicePmidont,Assistant Secretary,and Resident Assistant Secretary of the Companies,
and the seal of the Companies may be affixed or printed an 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."
INVATNESS WHEREOR-theCompanies havecausedthese presents tabeSIL
' ed by theirVice-President,and their corporate seats to be hereunto
affixed this 30 -day of January ______, 2001:, .
_4 FIREMAN'S FUND INSURANCE COMPANY
MIT. . NATIONAL SURETY CORPORA ON
THE AMERICAN INSURANCE COWANY
a Z A I., MON
Z ASSOCIATED INDEN94W CORPORA
I ME INSURANCE COWANY
AMERIIA OB
STATE OF CALIFORNIA SS. By
COUNTY OF MARINyr 'resic)au
On this 30
day of Januc iry 2 0.OI,before me personally came Donn-R., Colbeck
tome known,who,being by me duly sworn,did depose aid say: that he is a Vico-President of each company,described in and which executed
the above instrutment;that he knows the seats of the said Companies;that the seats 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 VIUEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
KRISTIN A.GAZZOU
COMM.V 262236
0 "OTAITPUBLIC-041FORNA I
MN touNr( 0
My CWnM&Vim*
STATE OF CALIFORNIA SS, CERTMCATE
COUNTY OF MARIN
1, 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 stated at the County of Marin. Dated the 18th day of December 2001
i L1
Resident Assistant 5
777777777
MIA
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DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: DA 0,005(cross-reference subdivision 7 76) Effective Date:
Developer: Wind=ere BLC Completion Period: I year
DEVELOPER:WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability company
By:LEN-OBS Windernere,LLC,
ONTRACOSTA C(3UNTV A Delaware limited liability company
Managing Member
Maurice M.Shiu,Public Works Director ,- j` By:Lennar Homes of California,Inc.,
f hforma corporation
Mana
(Print Name and Title
RECOMMENDED APPROVAL
Richard Peterson Vice President
%A 4411AA
R.,t .
By, ... (signatare)
Engineering ices DXsion (Prm lls— w Tide) Don iiarson Chief Financial Officer
FORM APPROVED: Victor J.Westman,County Counsel
(NO'T'E: All signatsses to be acknowledged.If Developer is incorporated,sipaun"must
conform with the designated representative groups pursuant to Corporations CodeS313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called" oun "and the above-named
Developgr.mutually promise and agree as follows concerning this acceptance:
2. D'ROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant
equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and
in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a
good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: $ID,8-00.Q0 cash,plus additional security,in the amount of$1.068,200.00 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 cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Pa ent: Security in the amount of$539,500.00,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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and 594-4.408 of the Ordinance Code.
4. GUARANM AND KARRAM OF 3YDM. Developer guarantees that said work"I be free from defects in material or workmanship and
shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article
96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5. IMPRO—VEMENT EL&N KA&k—ANIY Developer warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the Conditions of Approval for the development If,at anytime before the Board of Supervisors accepts the work
as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever
changes are necessary to accomplish the work as promised.
6. NLOWAIVED.BYCMTY Inspection of the work and/or materials,or approval ofwork and/or materials or statement by arty officer,agent or
employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance ofthe 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,
7. IMEMMTY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. The iLndcrnnit gg 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 agions causing liability 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. Nin-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has
prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that:the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity.
8. COSTS Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NQN_-PERFQRMAhLQ2 AND MTTS If Developer fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to
pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing 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.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
� j
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
WLAad
G-lGrpData\EngSvc\Wamn\2001\Decenibet'DA 0005 AG-17-doc
............................... ................... ..........................
CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT
a
State of a;(t )' r';;e«
County of `�
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On before rite, r` -fk f P�
Dee Nerve ana Tris of Office,(e.g., Jane Doe,Notary Public l) f2
personally appeared' , t6'``V `A 11')
Name(s)of Signer(s)
h.
personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the persons)
0 whose name(s)Aare subscribed to the within instrument
and acknowledged to me that--tiefs4elthey executed the
same in h4J1--ierftheir authorized capacity(ies),and that by
%�~ € 8RA q 4t�RW00[) lai er{their signature(s)on the instrument the person(s),
COMM, tstas2 or the entity upon behalf of which the person(s) acted,
i s NOTARY PUBLIC-CAl)Fos?NIA O
executed the instrument.
ct�A COSTA COUNTY
COMM.EXP.JULY 16,2W,5
WITNE=SS my hand an (ficial seal.
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Signature of Notary Pubs a
OPTIONAL
Though the infdrmaVon r✓elow is not require by la w, it may prove valuable to persons retying o»fhe document and conic`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)
10,
Signer's Name: Signer's Name:
❑ Individual ❑ Individual ,
❑ Corporate Officer ❑ Corporate Officer
Title(s): ? Titles):
❑ Partner—❑ Limited ❑ General ❑ Partner----❑ Limited ❑ General r
❑ Attorney-in-Fact ❑ Attorney-in-Fact
VIC
❑ Trustee ' ❑ Trustee
::1Guardian or Conservator '. E] Guardian or Conservator -.
Other: Top or'fum here ❑ Other: "op of thumb herea
Signer Is Representing: i Signer Is representing.
I
C 1.995 Nat oval Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91809.7184 Prod,No.5907 Reorder:CaH 7otk-F=es',-800-876-6827