HomeMy WebLinkAboutMINUTES - 12092003 - 2003 RES 759 ` L ir4V
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on December 9, 2403 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBE RG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO* 2003/ 759
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Sub 8712, San
Ramon(Daugherty Valley)area. (.District III)
The following document was presented for Board approval this date for, Sub 8712
located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land
Company, LLC, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right of Way Landscaping) within one year from the
date of said agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:.
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash.Deposit
Deposit Amount: $1,000,00
Deposit made by: Windemere BLC,LLC
Auditor's Deposit Permit No, and Date: 413390 October 16,2003
TR:gpp I hereby certify that this is a true and correct copy of an
a:\orpDatatrngSvcSO\2003»2-09-03\SUB 8712 BO-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Ric(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T—October 9,2004(PI) ATTESTED: DECEMBER 09, 2003
Windemere BLC land company,LLC JOHN SWEETEN,Clerk of the Board of Supervisors and
Brian Olin p
3130 Crow Canyon Pl,#310 County Administrator
San Ramon,CA 94583
Safeco Insurance Company of America
Patricia H.Brebner
330 North Brand Blvd.,Suite#1000 By ,Deputy
Glendale,CA 91203
RESOLUTION NO.2003/ 759
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code§66462 and 66463)
Subdivision: SUB 8,712 Effective Date: �- "'y
Subdivider: Windemere BLC Land Company. L.L.C. Completion Period: 1 year
WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a California limited liability Company
By:LIN-GIBS Windemere,LLC
CON7C)STA CC)UNTY SUBDIVIDER: A Delaware limited liability company
Managing Member
Maurice M. Shiu, Public Works Dirac r By:Lennar Homes of California,Inc.,
Managing Member
INA
By: (signature)
(print name&title) Don Larson,Vice President
RECOMMENDED FOR APPROV
By: (print name title) lochim, t.Secretary
Engineering Services Div' i n
FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is
Incorporated,s#gnatunas must conform we the designated representative
groups pursuant to Corporations Code§313.)
1. 'AftTl AT E. Effective on the above date,the City of County of Contra Costa,California,hereinafter called" y,'and
the above-mentioned di ice,mutually promise and agree as follows concerning this subdivision:
2. +"irs1forn
ID'S. Subdivider agrees to install certain road Improvements(both public and private),drainages improvements,
signs, streete hydrants, landscaping, and such other improvements (Including appurtenant equipment) as required In the
improvementthis subdivision as reviewed and on fie with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall compplate said work and Improvements(hereinafter called"work")within the above completion period from date
hereof as required by the CaNifomia Subdivision Map act(Government Code§§66410 and following),In a good workmanlike manner,in
accordance with accepted construction practices and in a manner aquas 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. T rn
. Upon executing this Agreement,the Subdivider shall,pursuant to Govement.Code§66499,and
the County ir ance Code,provide as security to the County:
A. For Perform-onceand Quar ; $-I 0QQ.0Q _ cash,plus additional security,In the amount
of_ $ )�4 700.00- which together total one hundred percent(1OR)of estimated cost of the work. Such additional
security is presented in the e form of
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after
its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. Eor Payment: Security In the amount of$ 41,850.00 ,which is fifty percent(60%)of the estimated
cost of the work. Such security is presented in the form of:
Cash,certified check,or cashler's check
A Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons mnbng equipment
or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced In accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free"f om defects In material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. vubdivider agrees to perform establishment wc,... for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed,rodent
and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said
plant establishment work shall be performed for a period of one-year-from and after the Board of Supervisors accepts the work as complete.
At the discretion of the County,bids may be released after final acceptance of landscaping Improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period; sold improvement plans prove to be inadequate In
any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVERBY O� Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee o the `1t�iTY.unty indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined In this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,agents,and employees.
B. .The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeable at anytime 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 l4y are any act or omission(negligent or non-negligent)In connection with the matters covered
by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. N -Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)In connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any indemnity.
E. 1. Windermere 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 S(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,
by and between BLC and Shapell Industries,Inc.C'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 l 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. QTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. ON-PERFORMANCEAND CO§T : If Subdivider fails to complete the work within the time specified in this Agreement,and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event
the County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even
if Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County In connection therewith,even If
Subdivider subsequently proceeds to complete the work.
12. 1_NCORPORATION/ANNE4ATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included
in territory incorporated as a city or is annexed to an eAsting city,the County's rights under this agreement and/or any deposit,bond,or
letter of credit securing said rights shall be transferred to tfie new or annexing city. Such city shall have all the rights of a third party
beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Fina,1 Mpp or Parcpl Map for said
Subdivision.
:kW..{ap
GAC4p0atr\Eng$vdTomw%AG WORDAG-30A.doc
Rev.May 19,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of
0n P F 1 a c' before me, aggL t -
Date Name and Thla of Officer(e.g.,'Jana Dbo,Notary PuMl
personally appeared +
Name(a)of signsga)
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)-4e/are
KAREN" subscribed to the within instrument and
KAREN L. # 13788ENAN acknowledged to me that�fthey executed
Commission# 1378827 the same in �.kt&4w/their authorized
{ Notary Public _ California
Contra Coster County r capacity(ies), and that by histherltheir
My Comm,ExplresO)ct7,2ll0b signature(s)-on the Instrument the person(s),or
the entity upon behalf of which the person(s)
OF acted, executed the Instrument.
WITNESP r34 hand and cial all
signature of,
OP77ONAL
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 farm to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(fes) Claimed by Signer
Signer's Name:
❑ individual Top of thumb We
❑ Corporate Officer--Title(s):
❑ Partner—❑limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary AssodMiat•9350 Ds SOW Ave.,P.D.Box 2402+Chabwonh,CA 91313.2462•www.na*matnotery.orp Prod.No.5007 Reorder:Cap To8-Free 1.80"76.5827
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for Sub 8712,
San Ramon(Dougherty Valley) area. (District III)
DATE: December 9, 2003
PAGE: 2
II. Surety Bond
Bond Company: Safeco Insurance Company of America
Bond Number and Datb: 6231569 September 25, 2003
Performance Amount: $94,740.00
Labor&Materials Amount: $47,850.00
Principal: Windemere BLC Land Company, LLC
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESO UTION NO. 2003/759
4VVr'VI T'Vf 1,V1'IIFKR 4'VSIR �.h.
DEPOSIT PERMIT
* Y
OFFICE OF COk#NTY AUDITOR-CONTROL R xy
TO THE TREASUREtt: hRTINIrZ,CALIFORNIA
� .
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures sea County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACCT.SUBTASK OPTION ACTIVITY AMOUNT
$ '10
061
int ) ~ 1 ' 13 c/160
1 � `' �� 'C
ILT-
EXPLANATION: r ,^/ TOTAL $ -1
DEPOSIT � cX�'
/'� ! W 1 /' Deposit consists of the following items
t7 11 7J` ark (� 1 of COIN and CURRENCY S 0,jW
, CHECKS,M.O.,ETC. S f lid,
' 11-7
/. BANK DEPOSITS $ -
FOR AUDITOR-CONTROLLER USE ONLY
!
lc` � 2920,. I t I ' IC+ C� ~Ln DEPOSIT
J PERMIT DP
-( o 13, } 9 � , t 3 Y t i l � t 977c_ NUMBER
�4.. DATE
-, ",a1C C rJ ,tl / ASSIGNED �.
q't'
The amount of mor xsy described obova is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged. ='3
tr..� Dota ic••tf� 4 f
Titl - EXT. - . ad Deputy County Auditor Deputy County Treasurer
ntt � .
)-34 REV.(7.93) )lJ t f j / r C b L
i
LVUrfl T Vri,i.MJKA t_VaIA
4.1
r DEP051T PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER y
TO.THETREASURER: }: MARTINEZ,CALIFORNIA
RECEIVED.FROM
( t +) ORGANIZATION NUMBER r �
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG.. ACiC TASK OPTION ACTIVITY AMOUNT
R0 � qtr' 6' C /Chao loo
N i 0 Ie rS jdt4 t` t� 1 ' C
1�44 fit 603 6
q t l M5
< -o2/00
1�
EXPLANATION:
TOTAL $ i
DEPOSIT
Deposit corWsts of the following items
COIN and CURRENCY $
CHECKS,M.0,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE ,.t�✓) ! w� /' .
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is pproved Receipt of above amount is hereby
deposit into the County Treasury. ocknowledged
frt/ ed i'
Title ° Signed
EXT. - `t `► ,' V County AuditorDeputy County Treasurer
D-34 REV..3k f.,1,�
COUNTY Of CONTRA.+C L13TA �`
`,DE 05 1t.P9i�M1s
. omaOF coL I At}i 1TC)R ct T1t N.lER
To THE,TRF.h;0ER:
MARtNEZ,CALIFORNt
REtrEIVED FROM
ORGANIZATION NUMBER 7 C t
Pul
(kir Cash Collection Procedures see County.Administrator's SuRatin 105.)
DESCRIPTION FUNDJORG ACCT TASK OPTION ACTIVITY AMOUNT
111111111 till 11111 111
I
ltJ
fill Itt— L -111 ,11 it Its It III
till IItItj,__L -II L1111111 all
III ] fill III I till lifIL- 11 -1
fill III I I. IL11- 111--till 11 ,1,
1
!
1
4
1
!
1
!
I
1
I
1
!
I
E
1
1
I
EXPLANATION: TOTAL
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY E
CHECKS,MO,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT (� V
PERMIT DP
NUMBER
DATE
ASSIGNED / fl
The amount of money described above is for Treasurer's receipt of above amount I%approved. Receipt of above amount is hereby
sit'snta the C tY Treasury. acknowledged
Sig6o t ;' Date
ft y Signed: l S J Signed:
Title. EXT. Deputy County Auaor r Deputy County Treasurer
819800-0800: 61121615, $20:755.00, Sub 8571, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: 61121617, $31,800.00, Sub 8572, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: 61121618, $42,480.00, Sub 8577, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121619, $9.460.00, Sub 8578, Cash Performance Bond,
Hoffman Land Development Co,, 1380 Galaxy Way, Concord, CA 94520
819800-0800: 61121620, $.17,000.00, Sub 8579, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: 61121656, $31840.00, RA1147, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121660, $13,600.00, PA0005, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121662, $20,700.00, RA1142, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121664, $1,000.00, Sub 8712, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121666, $1.320.00, Sub 8713, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121668, $22,300.00, Sub 8683, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121669, $1,500.00, Sub 8714, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121671, $1.100.00, Sub 8715, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon Pl #310, San Ramon, CA 94583
819800-0800: 61121673, $2,.254.00, Sub 8716, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121675, $5,900. , Sub 8717, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: 61121613, $1 .400.00, Cash Deposit for Flood Control
Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513
0649-9665 / 831000: 61121653, $400.00, R5 2836, Record of Survey
Deposit, Thomas 6ringrich, PO Box 504, Alamo, CA 94507
0649-9665 / 831000: 61121654, $500.00, R5 2837, Record of Survey
Deposit, Downrite Demolition & Excavation, 1407 Webster St. #201,
Oakland, CA 94612
0649-9665 / 831000: 61121655, $500.00, RS 283, Record of Survey
Deposit, Crenshaws', 228 Calle Le Montana, Moraga, CA 94556
0649-9665 / 831000: 61121657, $20,800.00, RA 1147, Road Acceptance
Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000: 61121658, $14,280.00, D60028, Drainage Inspection
Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San
Ramon, CA 94583
0649-9665 / 831000: 61121659, $109.154.00, PA0005, Landscape
Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon Pl #310,
Son Ramon, CA 94583
0649-9665 / 831000: 61121661, $135.700.04, RA1142, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon Pl #310,
San Ramon, CA 94583
�,�..
0649-9665 I 831000: 61121663, $8200.00, Sub 8712, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 61121665, $11 ,450.00, Sub 8713, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121667, $12,600.00, Sub 8714, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 61121670, $9,_100.00, Sub 8715, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #314,
San Ramon, CA 94583
0649.9665 / 831000: G1121672, $18,500.00, Sub 8716, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121674, $47,680.04, Sub 8717, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
821400-0800: G1121503, $64,248.00, SCC Sub Reg, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
821504-0840. 61121503, $23,628.04, SCC Reg, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
828800-0800: G1121503, $19,144.00, Tri Valley Transp, Toll Brothers Inc,
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
EXECUTED IN DUPLICATE
Subdivhiou. —s B 1-712----
Road No.: 6231669
Premium: $682.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF W.&Y Ir tNDSCAPE AGREEMENT
(Performance,Guarantee,and Payment)
(California Government Code Sections 66462 and 66463)
1. AgOTAL OF SLMMYAION ACIt,EEMINr: 'Che Principal has executed an agreement with the County to install
and pay for public right of way landscaping,and other related improvements in Subdivision8,,, 712_as
specified in the Subdivision Agreement(Right of Way Landscaping),and To complete said work within the
time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance
with State and local laws and rulings thereunder in order to satisfy conditions for filing of the final Map or
Parcel Map for said Subdivision.
2. QRLIG&JLQN: Wind=vre ,as Principal.and
Safeco Insurance Company of America ,a corporation organized existing under the laws
of the State of 'Washington and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors,and assigns to the County of Contra Costa,California to pay it
A. Performance and Guarantee: Niam Eour_Thousand meg HM4Ecd and QWDO Dollars
($ _ 94,74Q.00 t for itself or any city assignee under the above County Subdivision
Agreement,plus
D. Payment: FoM ev n Thousand Eieht gBgmd 14i _axed{Telt100 Dollars
UN
($ J .00 ) to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of
California,
3. SMErtoN
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 muuwr therein specified,and in all aspects 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.
F
t
As part of the obligation secured hereby and in addition to the face amount specified.therefore,`ire
shall be included costs and reasonable expenses and feed, 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.
R. The condition of this obligation as to Section 2.(8) above is such that said Principal and the
undersigned as corporate surety we held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance
ofthe aforesaid agreement and referred to in the aforesaid Civil Code for materials fiunished 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 succ:essfttlly enforcing such obligation,to be awarded and
fixed by the court.and to be taxed as casts and to be included in the judSvment 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,so as to give a right of action to theta or their assigns.
in any suit brought upon this bond.
Should the condition of this bond be filthy performed then this obligation shall become null ate void,
otherwise it shall be and remain in fail force and elect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the Principal and.the County shall relieve any Surety from liability on this bond; and consent is
hereby given to make such alteration without further notice to or consent by Surety;and the Surety
hereby waives the provisions of California Civil Code Section 2619,and holds itself bound without
regard to and independently of any action against Principal whenever taken.
SIGNFI,�&NIDD,BEAD ep
on_Stember 25,,.2003
WINDEMLRB $LC LAND COMPANY, LLC
By. Lennar Homes.of California, Inc.
PRINCIPAL: its manager _ _., SURETY: SAFECQ INS�iJRANCL COMANX OJAURICA
Address: 2�1600 Chrisanta Drive Address. 330 North Brand ,Blvd._, Suite -1 0
City: Mission -Viejo,CA `p: 92691 City: GlendaA, CA ip. 91203
By: By:
PrintName: David Evans Print Name. Patricia H. Brebner
Title: Vice President Tim; Attorney-in-Fact
M.
%V WSJ%SI 0ATA%G piianWv0wu"N WOW4N.17A4w
Rev r00 17,19Wi
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On September 26, 2003 before me, Gordon J. Peterson, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
Witness myhand and official seal. "" "`'�""" '"
OORDON J.PETERSON
Commission#1335380
Notary Public-Ceii#orn#e
Orange County
My Comm.Expim Dec 17,2005
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer s Vice President Lennar Homes of California, Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 6231669
Number of Pages: Two 2
Date of Document: September 25, 2003
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE A, IOWLEDGMENT No.5907
State of California
County of Orange
On September 25, 2003 before me, Leigh MCDonough,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner ,
NAME(S)OF SIGNER($)
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(les), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon
behalf of which the persons
L�IGI-1 r�I�Ncw�rt person(s) acted, executed the Instrument.
rjo�Ift Commission#1328874
Notary Public-California �S
Orono* NovcountyWITNESS m hand and official seal.
My Comm. tltws aY 6,21105 y
SIGNATURE OF ARY
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
$-4087/GEEF 2198 01983 NATIONAL NOTARY ASSOCIATION•8230 Remmet Ave.,P.O.Box 7184•Cama Pa*,CA 913.7184
C
• POWER SAFECO INSURANCE COMPANY OF AMERICA
,S A F E C a —GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98165
No. 9575
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint
»»»»»»»»»»RH0NDA C.ABEL;JERI APODACA;PATRICIA H.BREBNER,LINDA ENRIGHT,JANE KEPNER,STANLEY C.LYNN;NANET TE MARIELLA-MYERS;
MIKE PARIZINO;JAMES A.SCHALLER.ALEXIS BRYAN;LEIGH MCDONOUGH;Costs Mesa,
Its true and lawful attomey(syIn-tact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and tither documents of a similar character
Issued in the course of Its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
INS loth day of January 2002
*A
RJL PIERSON,SECRETARY MIKE MGA11CK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA.
"Artiste V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vloe President appointed for that
purpose by the officer in charge of surety operations,shall each have suftxtty to appoint Individuals as attorneys-In-fact or under other appropriate Was with auHwtfty to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the orae of Its ...On any
kvftment makkV or evkiertdng such appointment, the signatures may be afftxed by facsimile. On any Instrument conferring such authority or on any bond or
wxWt&%WV of the company,the seal,or a facsimile thereof,may be Impressed or afted or In any other manner reproduced;provided,however,that the seal shall not
be necessary to the vafdity of any such Instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any aertiflcats executed by the Secretary or an assistant secretary of the Company setting out
(1) The pravislon s of Article V,Section 13 of the By-Lem,and
(N) A copy of the powerof-attorney appoirttmeett executed pursuant Nhersto,and
(ill) Certifying that said power-of-ettomey appohiment is In fun force and affect,
the signature of the certifying officer may be by factimile,and the seal of the Company may be a facsimile thereof."
1,R.A.Pierson.SIperetary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
kxegolng extracts of the Bylaws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attomay issued pursuant thereto,aha We and
correct*and that both the By-I..awa,the Resolution and the Power of Attorney aha still in full toms and effect.
IN WrrNESS WHEREOF,I have hereunto set my hand and afRrted the facsimile seal of said corporation
this 25th day of September 2003 .
Wj0
CWMN
SEAL SEAL �
x
of RJL PIERSON,SECRETARY
S-W41SAEF 2101 0 A registered trademark of SAFECO Corporation
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