HomeMy WebLinkAboutMINUTES - 12092003 - 2003 RES 760 TILE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 9, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 760
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Sub 8713, San
Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval this date for, Sub 8713
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: $1,320.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 413390 October 16, 2003
TR.cmm I hereby certify that this is a true and correct copy of an
Originator: Public
(E ) og-o3V5tJa 8713 so-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES}
Contact: Teri Rie(313-2363) Supervisors on the date shown.
Recording to be completed by COB
cc. Public Works- T.Bell,Construction
Current Planning,Community Development ATTESTED:_DECEMBER 09, 2003
T—October 9,2004(P1)
Windemere BLC land Company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and
Brian Olin County Administrator
3130 Crory Canyon Pl.,#310
San Ramon,CA 94583
Safeco Insurance Company of America
Patricia H.Brebner By /' ,Deputy
330 North Brand Blvd.,Suite#1000
Glendale,CA 91203
RESOLUTION NO.2003/ 760
SUBJECT: Approval of Subdivision Agreement (Dight of Way Landscaping) for Sub 8713,
Sari 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 Date: 6231668 September 25, 2003
Performance Amount: $130,480.00
Labor&Materials Amount: $65,900.00
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.
RESOLUTION NO. 2003/760
SUBDIVISION AGREEMENT
(Right of Way Landscapin )
(Government Code§66462 and 66463)
Subdivision: SUB 8713 Effective Date:
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 Califomia limited liability Company
By:LEN-OBS Windemere,LLC
CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company
Managing Member
Maurice M. Shiu, Public Works Dire c r By:Lennar Homes of California,Inc.,
Managing Member
By: tt} (signature)
(print name&title) arson,`dice President
RECOMMENDED FOR APPROVAL:
By: (sign _ �.
Engineering Services Di s n
(print name itle) Ly Jochim,Asst.Secretary
FORM APPROVED: Victor J.Westman, County Counsel (NOTE:AN signatures to be acknowledged. If Subdivider is
Incorporated,signatures must conform with the designated representative
groups pursuant to Corporations Code§313.)
1. PARTIES&DA7 . Effective on the above date,the City of County of Contra Costa, California,hereinafter called"County,"and
the above-mentioned SuDdivider, mutually promise and agree as follows concerning this subdivision:
2. i ENTS. Subdivider agrees to Install certain road improvements(both public and private),drainage improvements,
signs, street Ights, re hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
Improvement pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),Ina 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 tunings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMEROVEMEUT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Govemment.Code§6649$,and
the County Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 1.320.00 cash, plus additional security, In the amount
of- _$ y 30,t480t00 _- which together total one hundred percent(100%)of estimated cost of the work. Such additional �
security Is presented in the form
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
- With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after
Its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 65.900-00 ,which is fifty percent(50%)of the estimated
cost of the work. Such security is presented In the form of.
Cash,certified check,or cashlees check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment
or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GU6RANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free.ftm defects In material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors adepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. subdivider agrees to perform establishment wo— or 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 accom Ilsh the
work as promised In Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the I pard of
Supervisors accepts the work as complete or during the one-year guarantee period,sold improvement pians prove to be inadequate in
any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO 1 Yt 1 Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee o theCounty 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 in mn ' benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,o cars,agents,and employees.
B. The I I" protected against are any liability or claim for damage of any kind allegedly suffered,Incurred or threatened
because of actions del ned 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 liabilitles and claims.
C. The acti2ns causina Itaolft are any act or omission(negligent or non-negligent)In connection with the matters covered
by this A reement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
Y Non-Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)In connection with this work or subdivision,or has insurance
or other Indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any Indemnity.
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 a (including attorneys fees and expenses),to the fullest extent not prohibited by applicable
law,arising out of or alleged to arise out ofBLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2400,
by and between BLC and Shapell Industries,Inc.{"Shapely)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 1 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: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
10. SYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORM A : if Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or tails 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. INCORPORATiOWANNEXATION. 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 existing city,the County's rights under this agreement and/or any deposit,bond,or
letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party
beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parc l Map for said
—
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Riv.May 16,2riD1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
,, "� ss.
County of P.�. 0'�TA
Ong -�'C^X^-1—"^+-�before me,
Date f Name and Tids Of ofbcrr(e.Q..°.aDrJO,Notary Public")
personally appeared �f�.1 - +� 1Nb .--`+'
e � N—(s)Of swer(s)
t9personally known to me
D proved to me on the basis of satisfactory
evidence
06 to be the person(s) whose name(s)-is/are
KAREN L. KEENAN subscribed to the within instrument and
Commission# 1378827 acknowledged to me that they executed
Notary Public - California the same in k►Wher/their authorized
Contra Costa County capacity(ies), and that by 4a/their
My Comm.Expires Oct 7,2006f signature(s).on the instrument the person(s),or
the entity upon behalf of which the person(s)
acted, executed the Instrument.
WITNESS hand a offic(al L
a"turs of Notary is
OPTIONAL
Though the information below is not required by law,It may prove valuable to persons retying 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
Signer's Name:
® Individual Top of thumb here
D Corporate Officer—Title(s):
D Partner—D Limited C3 General
Attorney-in-Fact
D Trustee
D Guardian or Conservator
® Other:
Signer is Representing:
0189$Nsdonsi Notwy Anoclation•9S50 Ds Sob Ave..P.O.sox 2402-Chatswoft,CA 81818.2402•www.nabonsinoWy.org Prod.No.5W7 Roordrr.Cal ToihFmt 1.800-878@627
t.vurrr.r yr�.vevMA%AJONA
DEPOSIT PERMIT
` OFFICE OF COUNTY AUC34TOR-CONTRCK R
4y
TO THE TREASURER:
M�RTiNI Z,CALIFORNIA
RECEIVED FROM �.
€ I
ORGANIZATION NUMBER
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(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG ACCT. TASK OPTION ACTIVITY AMOUNT
300 33 $
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EXPLANATION' f. U ^ J r�
DEPOSIT
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Deposit consists of the following items
1Z 7ee-� ��fL� tai c0#N and CURRENCY ,
$ ��
CHECKS,MA,ETC. $ r J >
BANK DEPOSITS $ ----
/ FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DPs
NUMBER
t+ is'. c� t'. ✓. `�t� t' r,^x1}lr .o. 1Z9 7 / DATE '.. .+►
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ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. ac€ccnow€edged.
�'� c" � �• „�f.. � ,, Jam.,
$Igoe +L:6. :df .t Date ( �k� J ;f 'I
_°, fid: ' Signed. .,'
Ti !�Z�Z
( EXT. '.r . Deputy Coun#y Auditor Deputy Coun#y Treasurer
77,
>-aa Rev(r.v3} '''..•` r '
i� +/
. c:twtvw Y t„�-t„t�vtttn t�cratA
ti DEP0*SIT PERMIT. .
OFFICE OF COUNTY AUWbR4CCNTROLLER }'
TO.THE TREASURER: _ MARTINEZ,CALIFORNIA t .
RECEIVED.FROM
ORGANIZATION NUMBER
(For Cash Colleaon Procedures see County Adtninistrator's Bulletin 195.)
DESCRIPTION FUND/ORG A� TASK OPTION ACTNITY AMOUNT
z000 loo
�l I I I L IP6 r ,Akoro F,
W31 75 �O
• = lJC� CS
9431
.2100
AL
L 3, 16 `z'
EXPLANATION: TOTAL $, �
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.0,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT aP
NUMBER /
DATE
ASSIGNED !
The amount of money described above is for Treasurer's recelpt of above amount is oppmved Receipt of above amount is hereby
de,Tosit into the County Treasury, acknowledged.
Sl •� ��.:''�r- '' Dote fl `5�-,.0.. tib"' ....�,�•-
r��j $ogned: ` Signed:
Title ° EXT +``f Dep*County Avatar Dn"ty County Treasuror
COUNTY OF CONTRA.CWTA
DERa sITPERMIT
OFFICE OF COUNTY A ITC}Tt CONTROLLER
UR - r `
101'MTREASERr
MA TIe ,CALlFORNfft
RECEIVEDFROM
ORGANIZATION NUMBER
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(Far Cosh Collection Procedures sae County Administrator`s Bulletin 145.)
DESCRIPTION FUNDJORG. SU TASK OPTION ACTMTY AhV)UNT
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19 e
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EXPLANATION: TOTAL $ 1
DEPOSIT 1
Deposit consists of the ng items
COIN and CURRENCY $
CHECKS,MQ ETC. S
BANK DEPOSITS
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT D
NUMBER }
DATE
ASSIGNED
The amount of money described above is for Treosurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the Cty Treasur)t ocknawledged,
r � /
Date161413 z -
Si r ".
fid'
Title: r /'� EXT. Deputy County Auditar Deputy County Treasurer
4 t-�
. , y
819800-0800: G1121615, $20,755.00, Sub 8571, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121617, $31,800.00, Sub 8572, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121618, $42,480.00, Sub 8577, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: 61121619, $9.460.00, Sub 8578, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800; G1121620, $17,000.00, Sub 8579, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121656, $3,840.00, RA1147, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121660, $13,600. , 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: G1121666, $1,320.00, Sub 8713, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121668, $22,300.00, Sub 8683, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0804: G1121669, $1500.00, 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 PI ##310, San Ramon, CA 94583
819800-0800; G1121673, $2,250.00}, Sub 8716, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121675, $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 Mood Control
Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513
0649-9665 / 831000: G1121653, $400.00, RS 2836, Record of Survey
Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507
0649-9665 / 831000: 61121654, $500.00, R5 2837, Record of Survey
Deposit, Downrite Demolition & Excavation, 1407 Webster St. x#201,
Oakland, CA 94612
0649-9665 / 831000; G1121655, $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; G1121658, $14 280.00,'DG0028, Drainage Inspection
Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon Pl #310, San
Ramon, CA 94583
0649-9665 / 831000: 61121659, $109,150.00, PA0005, Landscape
Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 61121661, $135,700.00, RA1142, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121663, $8,200.00, Sub 8712, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Craw Canyon Pl #310,
San Ramon, CA 94583
0649-9665 / 831400. G1121665, $11,050.00, Sub 8713, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831004: G1121667, $12,600.00, Sub 8714, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121670, $9,100.04, Sub 8715, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121672, $18,500,00, Sub 8716, Landscape
Improvement Inspection Windemere BLC LLC, 31301 Crow Canyon P1 #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121674, $47,680.00, 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
821500-0800; G1121503, $23,628.00, SCC Reg, Tull Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
828800-0800: G1121503, $19,140.00, Tri Valley Transp, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 144, San Ramon, CA 94583
EXECUTED IN DUPLICATE
Subdivision: _—.SUB 8713
Bond No.: 623166x3
Premium. $913.00
IMPROVEMENT SECURITY]BOND
FOR PUBLiC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance,Guarantee,and Payment)
(California 0ovrrnmem Code Sections 66462 and 66463)
1. $&1I&L 4F Suaotyl;=y+l5tR4tNT.- the Principal has executed an agreement with the County to install
and pay for public right of way landscaping,and other related improvements in Subdivision ' 3 as
specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the
time specified for completion in the Subdivision Agreement(Right,of Way Landscaping),all in accordance
with State amt local laws and rulings thcreu nder in order to utisfy conditions for filing ofthc Final Map or
Parcel Map for said Subdivision.
2. +Cl►aLW64 ON: 9 .Co as Ptincipal,and
ere
9
. Safeco- Insurance Company of America .a corpomtion MWmi7.ed exisling Lander the laws
of The State of Washington and authorized to transact s€rrery business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
succe�'ors,and assigns to the County of Contra,Costa,California to pay it:
A. Performance and Guarantee: Qu Him4nd ThiM ThounW00/
Dollars(S 0� 80.0[1 l for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Paaymeat. Six Fivs IhQu=d N ine,hmd—rAe Dollars
($ 6$.900.00 _ --_j to secure the claims to which reference is roadie in Title XV
(commencing with Section 3082) of Part 4 of Division 111 of the Civil Code of the State of
California.
7. 1..ONDL=:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its lairs,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 dmeof 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 became
null and void;otherwise it shall be and remain in foil force andl effect.
y r
As part of the obligation secured hereby and in addition to the face amount specified,therefore,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
casts and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(8) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors, subcontritctors,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 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
asnoustt thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfblly enforcing such obligation,to be awarded and
fixed by the court.and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and co `ons entitled to file clams under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as ro give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this baud be My 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 subdivision agreement or any plait 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 w make such alteration without fbrther notice to or consent by 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.
SItiGNERAN—0.$ D an Se tube 25 20f33
WINDEMERE J3LC LAND COMPANY, LLC
By: Lennar Homee.of California, Inc.
PRINCI"Ali.: its manager SURETY.- SAFEC0 IN§IMCE CUMPANY gE ICA
Address: 24800 Chrisanta Drive Address: 330 North Brand .Blvd. , Suite 1000
City:M i...,.s CAZip; 92691 qty: Glenda CAZip-, 91203
s
PrintName: David Evans Print Name: Patricia H. Brebner
Title: Vice President Title: Attopez -in®Fact
r"
by Jos 17.1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Califomia
County of Orancle
On September 26, 21303 before me, Cordon 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 my nd and officials GORDON J.PETERSON
Commission#1335380
Notary Public-California
-- - - orange County
My comm.exores Dec 17,200,44,
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: Surety Bond No. 6231666
Number of Pages. Two 2 - i
Date of Document: September 25, 2003
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE A, IOWLEDGMENT No. >907
State of California
County of Change
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 ,
NAMES)OF SIGNER(S)
personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person($)
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
°H ��%GHbehalf of which the person(s) acted, executed the instrument.
LeIt;I-I r�lcc�� Iii ( )
Commission#
.z
Notary Public-Califarnia
� Ciranyea Ceaumy
my Comm.F-vires Nov S.2�, WITNESS my hand and official seal.
c
SIGNATURE O 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 OR TYPE OF DOCUMENT
TITLES)
Ej 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 ENTrrY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S40671GEEF 2198 01893 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
CSCO
OF
POWER INSURANCE COMPANY
A F E C Or GENERAL INSURANCE ANY AMERICA
OF ATTORNEY "iiOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. X875
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
#/i#itti/#RHONDA C.ABEL;JERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT;JANE KEPNER,STANLEY C.LYNN;NANETTE MARJELLA-MYERS;
MIKE PARIZINO;JAMES A.SCHALLER•ALEXIS BRYAN,•LEIGH MCDONOUGH•Costa Mesa,Calltorntattiitt##Iii/ittitti#//#/•4t/i/i///ti///#it#//ilii/ii/#iMill
its true and lawful attorneys)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other 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
attastad these presents
this Itlrh day of January 2002
A4�
R.A.PIERSON,SECRETARY MIKE MGAVICK,PRESIDENT
CERTIFICATE
Extract from Me By-laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
*Article V.Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by to officer In charge of surety operad".shall each have authority to appoint Individuals as attorneys-fn-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documersis of similar character Issued by the c omparsy in the averse of Its business...On any
Instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or it any other manner reproduced;provided,however,that the seal shelf not
be necessary to the validity of any such Instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and or GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(D The provisions of Article V,Section 13 of the By-laws,and
01) A copy of the power-d-Womey appointment,executed pursuant thersto,and
(R) Certifying that said power-&aftney appointment Is In full force and effect,
the slgrtatuns of the csertltying officer may be by facsimile,and the seal of the Company may be a facsimile there&."
1.R.A.Pierson,"tary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
ftigoing extracts of the Sy4-aws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attomey issued pursuant thereto,are true and
correct,and that both to Sy-Laws,the Resolution and the Power of Attamey ars still In full force and effect.
IN WITNESS WHEREOF,I have hereunto east my hand and affixed the facsimile seat of said corporation
this 25th day of September 2003
C
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of RJL PIERSON,SECRETARY
S-W71ISAEF 2101
4)A registered trademark of SAFECO Corporation
1110102 PDF
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