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HomeMy WebLinkAboutMINUTES - 12092003 - 2003 RES 762 THE 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 DESAUL.NIER. NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20()3/762 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Sub 5714, San Ramon(Dougherty Valley area. (District III) The following document was presented for Board approval this date for, Sub 8714 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: $1,500.00 Deposit made by: Windemere BLC,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: oaks(E z-cs c3�u1�s71a>�o-z6.aoc action taken and entered on the minutes of the Board of Clriginatar: Public works(ES) Contact: Teri Me(313-2363) Supervisors on the date shown. C0: Public works- T.Bell,Construction Current Planning,Community Development T-October 9,2004(Pl) ATTESTED: DECEMBER 09 2003 wyLand Company,LLC Brian n in r JOHN SWEETEN, Clerk of the Board of Supervisors and 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 Cyt... y Deputy Glendale,CA 91203 RESOLUTION NO.2003/ 762 • SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for Sub 8714, San Ramon(Dougherty Valley) area. (District III) DATE: December 9, 2003 PAGE: 2 II. Surety Band Bond Company: Safeco Insurance Company of America Bond plumber and Date: 6231670 September 25,2003 Performance Amount: $150,100.00 Labor&Materials Amount: $75,800.00 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. a RESOLUTION NO. 2003/762 Ct SUBDIVISION AGREEMENT (Right of Way Landscapin ) (Government Code§66462 and66463) Subdivision: SUB 8714 Effective Date: I alt Subdivider: Windemem BLC Land C4omoany, L.L.C. Completion Period: 1 year WfNDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: a California limited liability Company By:LEN-OBS Windemere,LLC CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M. Shia, Public Works Director By:Lonnar Homes of California,Inc.,M naging Member �a (signature) By: (print name& itle)M Larson,'Vice President RECOMM N©ED FOR APPROVAL: /)05D<eft (sign By: (print name title) WJocMun,A st.Secretary Engineering Services Divisi FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider Is Incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) I. ,PARTIiS, . Effective on the above date,the City of County of Contra Costa,California,hereinafter called"C2.un "and the above-mentioned ATE, ,mutually promise and agree as follows concerning this subdivision: 2. PROVEMENTS. Subdivider agrees to Install certain road improvements(both public and private),drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required In the Improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and In conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and Improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,In accordance with accepted construction practices and In a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there Is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. 1Mp ROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Govemment.Code 99,and the County Ordinance Code, provide as security to the County: A. grr r $ �, QQ.00 cash,pias additional security,in the amount Of_ $ 1S0 which together total one hundred percent(1000 )o the estimated cost of the work. Such additional y security is presented in the form o 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 worts for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. F r P rn : Security In the amount of$_ 75.800.Q ,which is fifty percent(50%)of the estimated cost of the work. Suc security is presented In the form of: Cash,certified check,or cashler's check X - Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees psyrnent 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§94-4.4(%and §94-4.408 of the Ordinance Code. 4. QL16LtANTEE AND VARRANIXF VVORK. Subdivider guarantees that said worst shall be fm&*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 worst as complete in accordance with Article 984.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects In said wont. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road w + 5. PANT ESTABLISHMENT WORK. .bdivider agrees to perform establishment we 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 im`§rovements by the County. g, IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accompplish the work as promised In Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said Improvement plans prove to be.inadequate In any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and Indemnify the Indemnitees from the liabilities as defined In this section: A. The in benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,o kers,agents,and employees. B. The 1 if jn 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 2qUjingIt it�iloy 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; t?. No -Con itions: 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 specifications)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 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 3(c)of that certain"Supplement to Cooperation Agreement,"dated June,2090, 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: Subdivider shall pay when due,all the costs of the work,Including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANGE_AND C QTS' If Subdivider falls 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 aggrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,Inspection, survey£;,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 t)te 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 attorneys fees, and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATIQN. 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 Parcel Map for said Subdivision. • :kw:lap GAGrpDetsTjgGvclFom*%AG wORDIAG-30A.9oc Rev.May 18,2D01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of C:�iV"Ce_f\, (moi f On\E PT6 (')(D o900S before me,_ J L-6tt_of AN - !A1C"—rAPY Qu&_l0 i Date r Nome and Tide of Officer(e.g.,'Jana&a.Notary PubW) personally appeared r.i t.--A ' tV &mcS , , Name(s)of Sigrter(a) ';�personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names)—W/are —='= subscribed to the within instrument and KAREN L. KEENAN acknowledged to me that hokJw they executed eCommission t# 1378827 z the same in We4w/their authorized Notary Public - California > capacity(ies), and that by Fiiethw/their Contra Costa County signature(s)-on the instrument the person(s), or MyComm.ExpiresOct7,2006 the entity upon behalf of which the person(s) ip acted, executed the instrument. WITNESQmy hand an icias I. gnature of biic 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 gate: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Individual Top of mtm Here 0 Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact El Trustee 17 Guardian or Conservator ❑ Other: Signer Is Representing: 01008 National Notary Associadon-8350 De Sobo Ave.,P.O.Sox 2402-Chataworlh,CA 01313.2482•ww .nationainofary.org Prod.No.59D7 Reorder:Cah Tod-Free 1-600.878-8627 LtiW" j.Y'Vr L.W"FKA•-VQ{A � DEPOSIT PERMIT of:ftGE OF to.oNTY•ALDITt)R-CONTRbL TO THE TREASURER: INEZ,CAlt7RNIA RECEIVED FROM u ORGANIZATION NUMBER (For Cash Collection Procedures see County Adm inistratw's Bulletin 105.) DESCRIPTION FUNDJORG. ACCT. TASK TION ACTIVITY AMOUNT L I $ S/ is .10 L 036,2 } t ,00 too r- 1 1. 11 ILI I Olt i 4� rtc'�C w� x iC r EXPLANATION: , s^ f TOTAL $ DEPOSIT f f' f Deposit consists of the fallowing items /l 1 .2 M, f t,7 -1 t �C � & 7e, COIN and CURRENCY $ jw 11.2 / f CHECKS,M.O,ETC. ` I � r •t • '52 �d //.2 r� BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY It 7f cV Cf.) (t I�.f' L `n DEPOSIT '014 /Z d PERMIT DP_ { c' t (. +'�yi /� �" NUMBER �( r° 9 l �IZA �. . !14?.: DATE rj7Cu. 's': C> ,<• `?l 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. aknawledged X Signe rx:�.`t. tc,L Date ._ Signe , Titl ° EX7 - Deputy County Audita Deputy County Treasurer t 3-34 REV.(7-93) WUN1TUrtY..N1KAWWA DEPOSIT PERMIT t OFFICE CSF coUNTY AUDITOR-CONTROLLER. TO.THE TREASURER: F MARTINEZ,.CALFORNIA RECEIVED:FROM ORGANIZATION NUMBER j+ 41 C i� (for Cash Collection Procedures see County Administrotoes Bulletin 105.) DESCRIPTION FUND/ORG.. CT TASK OPTION ACTNITY AMOUNT AC Imtse- Allpro 6e, do bo i t zo/6( 1 X20-3 j .2100 EXPLANATION: TOTAL $ t DEPOSIT t Deposit consists of the following items COIN and CURRENCY $ CHECKS,AO,ETC. $ BANK DEPOSITS E FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT QP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby defosit into the County Treasury i'} acknowledged Sig d Signed: Title ° EXT. - 7 Y 7 Deputy County motor Deputy County Treasurer D-34 REV 3 COUNTY.OF CONTRA.C CTA '. DEPOSit OFHCE OF CC)INTIf AUDITOR CONTROLLER r TO THE.TREASURER: MAiTINEZ,CAur-ORNW ° (sir RECEN'ED ROM . t)RGANtZATION NUMBER 'S4t PU b he C 9 K.5 ' (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORC CT TASK OPTION ACTIVITY AMOUNT AC I 1A . 1JI lilt ILI I I I I I l DMC1 t l S�D I I I t i t I I I 1 1 t i I I t t I I t EXPLANATION: TOTAL $ I DEPOSIT I Deposit consists of the following iteem CONN and CURRENCY $ CHECKS.M.t7 ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for 7reosurer's receipt of above amount is approvoed. Receipt of above amount is hereby d sit into the Coynty Treasury. acknowledged ed. �fNfe � ''t{ f� ' 'f' �.t t Date�t!� !� .. ``j"_... —..•�,,.... Sign, Signed: Title: EXT. 2 Deputy County Auditor Deputy County Treasurer D-34 RE/(7-43) 819800-0800: 61121615, $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: G1121619, $9.4b0.00, 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: G1121660, $13600.00, 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: G1121666, $1,320. 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 819800-0800: 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 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: 61121675, $5.900.00, Sub 8717, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI ##310, San Ramon, CA 94583 0649-9665 / 831000: G1121613, $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, RS 2836, Recorryd of Survey Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507 0649-9665 / 831000: G1121654, $500.00, RS 2837, Record of Survey Deposit, Downrite Demolition & Excavation, 1407 Webster St. #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: G1121657, $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 PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121659, $109,150.00, PA0005, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121661, $135,700.00, RA1142, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121663, $8.200.00, Sub 8712, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121665, $11,050.00, Sub 8713, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121667, $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 #310, San Ramon, CA 94583 0649-9665 / 831000: 61121672, $18.500.00, Sub 8716, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121674, $47,680.00, Sub 8717, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 821400-0800: 61121503, $64,248.00, SCC Sub Reg, Toil Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 821500-0800: 61121503, $23,628.00, SCC Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 828800-0800: 61121503, $19,140.00, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdfv lou: SUB 1214 I'#ottd No,: 6231670 Premium: $1,051,00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance,Guarantee,and Payment) (California Government Code Sections 66462 and 66463) 1. rAAL OF Struotvisior► GUjjH it : The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision_3i7L.4_,_,as specified in the Subdivision Agreement(Right of Way Landscaping).and to complete said work within the time specified for completion lin the Subdivision Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing ofthe Final Map or Parcel Map for said Subdivision. OBLIGATIQS: wines a crs BLC Land x. L.L.C. ,as Principal,wJ Safeco Insurance Cqmpatsy of America. ,a corporation organized existing folder ft laws of the:State of waghingtou and authorized to irmisact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors. administrators, successors,and assigns to the County of Centra Costa,California uY pay it: A. Performance and+Guarantee. U 00 Dollars ($ 15. 0.I QQ.00 t for itself or any city assignee under the above County Subdivision Agent,plus H. Payment: stysm Fivr- o 00/1 QQ Dollars (S 15,900-00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California, 3. CorrprTtom. 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 trolly keep and perform the:covenants,conditions and provisions in the said agreement and any alteration thereof made as thtrein provided,on isorits pan,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. Ai part of The obligation secured hereby and in addition to the face amount specified therefore,chert 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.(9) 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, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Cade for materials fumishe:d 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 judgernent therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all puns,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 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 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 furtber notice-to or consent by 'Surety;and the Surety hereby waives the provisions of California Civil Cade Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED XND SF-&"D on September 25, 2003 WINDEMERE BLC LAND COMPANY, LLC By: Lennar Homes.of California, Inc. pR1NCIPAL: its manager SURETY; SAFECO INSUMCE C0MPAn QZ AMERICA Address: 24800 Chrisanta Drive Address: 330 North Brand Blvd., Suite 1000 City:fission Viejo CAZip: 92691 City: Glendalsv CA : 9 203 Print Name. favi d Evans Print Name: Patricia H. Brebner Title' Vice President Title: Attorneys-in-Fact %U'WSI%311ARDATA%040=TA$S.c' 18M WORN-12A4UL ACV Inas 17.1S'" 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 my h 'd and official seal. ' J.rrr:Rsoly=- Commission#1335380 a Notary Public-California �-. orange County My Comm.moires Dec 17,2006 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 w-Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 6231670 Number of Pages: Two 246 + ~` Date of Document: _September 26, 2003 ` Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A 4OWLEDGMENT No.5907 State of California County of Orange On September 25, 2003 before me, I,eighMcDonaugh,NotaryPublic , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.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(les), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon LEIGH MCDONOUGH behalf of which the person(s) acted, executed the instrument. Commission#1328674 z r Notary Public-California Orange County My Comm.EVTres Lvov 6,2WITNESS my hand and fflclal seal. SIGNATURE OF NOTA 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 H C] TRUSTEES) D 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-4087/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION"8236 Rommel Ave.,P.O.Bax 7184•Canoga Park,CA 91309-7184 �����A A SAFECO INSURANCE COMPANY OF AMERICA ,S F EC Or GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY -HOMEOFFICE: SAFECOPLAZA SEATTLE,WASHINGTON 98165 No. 9675 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 **********RHONDA C.ABEL;JERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT;JANE KEPNER;STANLEY C.LYNN;NANETTE MARIELLA-MYERS; MIKE PARIZINO;JAMES A.SCHALLER,ALEXIS BRYAN;LEIGH MCDONOUGH;Costa Mesa Califottris*****s****►a********®****r*r**w*s***wsw**r***w****v**w*s**w its true and lawful attorney(s)-in-fact,with full authority to execute aro 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 ~ad these presents this 10th day Of January 2002 4 t-4- C44-� R.A.PIERSON,SECRETARY MIKE MGAVICK,PRES117ENT CERTIFICATE Extract from the 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 arry Assistant Vice President appointed for that purpose by the officer in charge of surety operatiorts,shall each have authority,to appoint Individuals as attorneys-in-fact or under other appropriate does with authority to execute on behalf of the ctomparry fidelity and surety bonds and other documents of similar character issued by the company In the course 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 In arry other manner reproduced;provided,however,that the seat shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resokidon of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Ckwnpany setting out, (I) The provisions of Article V,Section 13 of the By-Lams,and (IQ A copy of the power-d-attomey appointment executed pursuant therato,and (18) Certifying that said power-ol aUomey appointment Is in fun farce and affiscit, the signature of the certifying after may be by facsimile,and the seal of the Company may be a facsimile Uteraof." 1,R.A.Pierson,"tary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing exfracts of the By,Laws and of a Resolution of the Board of Diraclors of these corporations,and of a Power of Attorney Issued pursuant thereto,ars true and correct,and that both the By-Laws,to Resolution and the Power of Attorney are still In full forts and effect. IN WITNESS WHEREOF,i have hereunto set my hand and affixed the facsimile seal of said corporation this 25th day of September 2003 . EC KE SEAL SEAL l �" is R.A.PIERSON,SECRETARY 5-4974MAEF 2/01 0 A registered trademark of SAFECO Corporstlon 1/10/02 POF THR NO E- ow :Xhoi, 'Ste; i,- 1 {Y%a ."�•"'.:, ?FF�"r+IYR" -a "�'ta'..:� n c arF � ( .� fid ` ! `#abt7 ft! t-40, .wewr