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Home My WebLink AboutMINUTES - 12092003 - 2003 RES 764 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 9,2003,by the fallowing rote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBEMT; GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/ 764 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8715 being developed by San Ramon(Dougherty Valley), area. (District III) The fallowing document was presented for Board approval this date for, Subdivision 8715 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 Cade,as follows: I. Cash Deposit Deposit Amount: $1,100.00 Deposit made by: Windemere BLC,LLC Auditor's Deposit Permit No. and Date: 413390 October 16, 20013 I hereby certify that this is a true and correct copy of an TE:gpP action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Teri Ric (313-2363) Recording to be completed by COB 0:1GrpData\F,ngSvc\13012003t12-09-031sUB 8715 BO-16.doc ATTESTED: DECEMER 09, 200-3 cc: Public Works- T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and Current Planning,Community Development County Administrator T— October 9,2004(P1) Windemere BLC band Con4)any LLC Ann:Brian Olin 3130 Crow Canyon Plane#310 San Rarnon,CA 94583 Safeco Insurance Company of America By ,Deputy Attu:Patricia H Brebuer 330 North Brand,Suite 1000 Glendale,Ca 91203 RESOLUTION NO.2003/ 764 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8715 being developed by San Ramon(Dougherty Valley), area. (District III) DATE: December 9,2003 PAGE: 2 II. Surety Bund Bond Company: Safeco Insurance Company of America Bond Number and Date. 6231671 September 25, 2003 Performance Amount: $106,400.00 Labor&Materials Amount: $53,750.00 Principal: Windemere BLC Land Company,LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/764 SUBDIVISION AGREEMENT .. (Right of Way Landscapin ) tGovernment Code§66462 and66463) Subdivision: SUB 8715 Effective Hate: Subdivider: Windemere BLC Land Company.-I-1.0- Completion Period: 1 year WINDEMER.E BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a California limited liability Company By:LEN-OBS Windemere,LLC CONTRA C05TA COUNTY SUBDIVIDER A Delaware limited liability company Managing Member Lennar Homes of California,Inc., Maurice M. Shiu, Public Works Direct r By: aging Member (signature) By: (print name&title) Don LIrson,Vice President RECOMMENDED FOR APP OV By: (pririt7tme itie} Ly 3ochim,ht.Secretary ' .Engineering Services Div isi FORM APPR£ V-E D: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. if Subdivider is Incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES TE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called",Cour ,"and the above-mentioned Subdhyld ,mutually promise and agree as follows concerning this subdivision: 2. IAV P TS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street li$ is, firs 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§§68410 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 govem. 3. 1 V .MENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 1 cash,plus additional security,in the amount of $ 106.400.00 which together total one hundred percent(100%)of the 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 alter its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pavms t: Security In the amount of$ 53,750-00 ,which Is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or fumishing 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§94-4.408 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AN RAN F 1210 Subdivider guarantees that said work shall be fre„tiom 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. g'! pI AKM ESTABLISHMENT WORK. ;,;:divider agrees to perform establishment worn r 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 SAipervisors 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,.said improvement plans prove to be Inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the worts 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. 6. i[ MNiT : Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The ingerrinitles benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The it protected against are any liability or claim for damage of any kind allegedly suffered,Incurred or threatened because of actions de 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 sult(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The min i' 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. No 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 wilful 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 S(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. 'The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. g. : Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURYEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road ommissioner-Surveyor before acceptance of any worts as complete by the Board of Supervisors. 11. NQW : 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 otherwige,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. INCORPORATIONIANNEXATION. 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. Aw9ap G.1GrpDaW%E 8vcTorma\AG wORMAG-30A doe Ray.May 111,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 6C.-S CA t`t r On � r before me, eN Z 1'J t E'v&u C, Date Mame and Tttle of Of o,(co..'Jard Doe,Notary Publicl personally appeared oro 1-N Z> L YN& Name(a)of ftner(a) ;C9 personally known to me 13 proved to me on the basis of satisfactory evidence rr..i►-= to be the person(s) whose name(s)--Ware KAREN L. KEE!NAN subscribed to the within instrument and Commission# 1378827 acknowledged to me that /they executed Notary public ` California the same in 4 a w/their authorized Contra Costa County ca act res and that b i�ie,f�ter/their My Comm.Expires Oct 7,2CO6 P ty( ), Y WPOW We— signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS hand and o " tai s' tore of N P k OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)tither Than Named Above: Capaclty(ies) Claimed by Signer Signer's Name: Individual Top of thurrob here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1909 National Notary Aaeo6aWn-5350 Do Soto Ave.,P.O.Box 2402•Chafawortf6 CA 91313.2402•www.natwnaln0tary.or8 Prod.No.6907 Reorder:Cap Tall-Free 1.940.875.6927 I-VU"J J Vr t..V!'V tKA 4.VSIA r DEPOSIT PERMIT OFFICE OF COOMI AUDITOR-CON R 'TIN TO THE TREASURER: EZ,CALIFORNIA. r RECEIVED FROM 4 { ORGAMZATION NUMBER (Far Cash Collection Procedures see County Administrator's Bulletin 10.5.) DESCRIPTION FUNDJORG UIC TASK TION ACTIVITY AMOUNT 166-R-10 06317 s7vo q0 it Ji L LT i i 60 0 100 t - f !) ?3 6 D i a) E ' 11 rt rC r,,'W its i EXPLANATION: ,r: ,,^ t� 7 11.2 IS DEPOSIT,rtA7njG,r, 112 { a r Deposit consists of the following items ��*J ( f_2!Z ( J (- 7 r✓[C 7 _ COIN and CURRENCY $ t� � CHECKS,M.C)ETC. $ r f s 7 l t _ fit✓' BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY ...� �(C~a�'...3 � 14✓ �� c�C.�` {�� 7`/�.� `��'`+� `�t�'r�J�l�� f�t t�cs ,r > DEPOSIT PERMIT (. �y['� C I rfrc; I'! } ! i�" G• ,'� NUMBER DP e tj 'rf�',. t> ,<"• .. 'JC`T '= Lrt� cz j, eNle-yyrZo W. j DATE { `I 1Lr'�( `1� ;�' %� ! c �l•�r'.j i { ''fed=' 'e- 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. q ackruowledged t r� Date Titled EX f -. @.{ Deputy County Auditor Signe Deputy County Treasurer ?-3d REV.(7.93} f 5-5, -� n y i) �PJJ1f r 157 • L.i",_ C b // LUU141T.Ur%.0 l KA W-WA r s DEPCISIT PERMIT. X OFFICE or-'cWNTY ALaTo,R=COmTROLLER ;MARTINEZ,CALIFORNIA TO.THE TREASURER: a l RECEIVED FROM ORGANIZATION HUMBER (For Cash Collodion Procedures see County Administrator's i3ww in 105.) DESCRIPTION FUND/ORGL QCT TASK PTK7td ACTIVITY AMOUNT A FLe 3 S Len Z&K " 7 X ` 7. 3Ll'e) e 57 1 1 S'e'w r ,Q1e-3 i0 .2106 31z�/6 EXPLANATION: TOTAL $ i DEPOSIT Deposit consists of the folowwing items COIN and CURRENCY $ _ - CHECKS,KO,ETC. $- - BANK DEPOSITS $ FOR AUDrrOR-CONTROLLER USE ONLY DEPOSIT PERMIT d NUMBER / DATE ASSIGNED The amount of money described oba✓e is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby Fdosit into the County Treasury. / acknawieciged. Sign Signed: Tithe ° EXT - �` # Dep County Auditor Deputy County Treasurer D-34REV 3 k *: ,..,. r" 'C' .� 6 ..., GC�V'fY L7F GCJNTKA{:UTA ,� DEP-0-31t I RMI7 • _ OF CE OFy CjOL44YA y CALIFORNIA U.1rLER 11lT'�}y1�CSC)!�iTROI. r 'y TO THE TR RECEIVED'FROtvi ORGA14ZAT10N NUMBER '7` PU (C: ! } (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG, ASCU T TASK OPTION ACTIVITY AMOUNT i I I 1 1 -1 L I I I I I I I I 1 -1 _L J-1 -A L I I I i i f i 1 t 1 i t i i I 1 I i 3 t i I t I I EXPLVNATION: TOTAL $ + DEPOSIT i Deposit consists of the folowing items COIN and CURRENCY $ CHECKS,KO,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT ()� NUMBER DATE ASSIGNED -1 f The amount of money described above is for Trtrosurer's receipt of above amount is approved. Receipt of obove amount is hereby osit into the C .' ty Treasury. acknowledged. r Sign, '4 r. i (:.: .[�.4. ^f' Date -.,�- ,,..tr.r • Signed r'r " �. : Signed: Title: t C " EXT. . Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) r 819800-0800: G1121671, $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, $5,900.00, Sub 8717, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 01121613, $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, Record of Survey Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507 0649-9665 / 831000: 01121654, $500.00, RS 2837, Record of Survey Deposit, Downrite Demolition. A Excavation, 1407 Webster St. #201, Oakland, CA 94612 0649.9665 / 831000: G1121655, $500.00, RS 283, Record of Survey Deposit, Crenshows", 228 Calle Le Montana, Moraga, CA 94556 0649-9665 / 831000: 01121657, $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, D00028, 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 Pl #310, San Ramon, CA 94583 0649-9665 / 831000: 01121661, $135,700.00, RA1142, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121615, $20„,753.00, 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, $9.460.00, 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: G1121660, $13,600. , PA0005, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-08+00: 61121662, $20,700.00, RA1142, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Damon, CA 94583 819800-0800: 61121664, $1,000.00, Sub 8.712, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 µ 8198000-0800: G1121666, $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, $1,500.0 , Sub 8714, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 i r 0649-9665 / 831000: G1121663, $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 0649-96.65 / 831000. G1121667, $12,600.00, Sub 8714, Landscape Improvement Inspection Windemere SLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000. G1121670, $9,100.00, Sub 8715, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121672, $18.500.0, Sub 8716, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #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, Toll 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 140, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subcliv Ions SUB $'7'15 Bond No.: 6231671 Premium. $745.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance,Guarantee,and Payment) (California Government Cade Sections 66462 and 66463) I. Lc_ll+.Sttaty tlY:AGR eg. : The Principal has executed an agreement with the County to install and pay for public right of way landscaping. and rather.related improvements in Subdivision �A215 as specified in the Subdivision Agreement flit 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. uw tm-, WjWkMemzL.L.C. ,as Puscipai,and Safeco Insurance_ Compan roof America ,ac4tporation organized existing uneler 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 Gosm,California to pay it: A. Performanee sud Guamosee: ra Dollars { _ I o.4 am )for itself or any city assignee under the above County Subdivision Agreement,phis B. Psyment; Eft not nausmad Sma Hojdmd fifix=d 001100 Dollars- 1 7500 ) to secure the claims to which reference is made in Title .XV (commencing with Section 3082) of fart 4 of Division ISI of the Civil Code of the State of California. 3. CONRI t}N: 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 perfcrrrm the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its pare,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 harm-less the County of Contra Costa (or city assigner),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void: otherwise it shall be and remain in full force and effect, As pais of the obligation secured hereby and in addition to the face amount specified dwrefore,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 to any judgement rendered. Ii. The condition of this obligation as to Section Z.(S) 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 Code for materials fiuTtished 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 gay the same in an amount not exceeding rhe amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the lact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this band 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 them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect_ C. No alteration of said 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 2919,and holds itself bound without regard to and independently of any action against Principal whenever taken. $ LR An' AL on September 25, 2003 _ WINOEMERE BLC LAND COMPANY, LLC By: Lannar Homes of California, Inc. pRINCA'AL: its manager SU TY: SAFECO INSURANCE COMPANY OF AMERICA Address: 24500 Chrisanta Drive Address; 330 North Brand Blvd. , Suite 1000 City-.Mission Viejo, CA 92691 City` Glenda CA "p• J1203 4 , By: Print Name. David Eva s Print Name: Patricia H. Brebner Tide- Vice president Title: Attorney-in-Fact VW3114l3WA`CAOROWftOv dot WN WOXDW-12AAW Now.It"17,IM 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 and official seal. GORDON J.PETERSON Commission#1335380 X 'a Notary Public-Cantornia y Orange County MY Ccur�rs.ExPims C 17,2W5 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: SuretyBond No. 6231571 Number of Pages: Two 2 -� Date of Document: September 25, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSES NOWLEDGMENT 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- El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the persons), or the entity upon -. LEIGH MCDONOUGH behalf of which the person(s) acted, executed the instrument. Commission#1328674 Notary Public-California Orange county WITNESS m hand and official seal. My Comm.Expires Nov 6,2005 SIGNATURE OF N�TRY 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 TME(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT H [l TRUSTEE(S) [] GUARDIAN/CONSERVATOR NUMBER OF PAGES ® OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSONS)OR ENTnY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40871GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmnt Ave.,P.O.Box 7184•Canoga Park,CA 813497484 SAFECO COMPANY �� INSURANCE ICS A F E C a ISURACE AAY OF AMERICA ►� OF ATTORNEY "'HOMEOFFICE. SAFECO PLAZA SEATTLE,WASHINGTON 88185 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 ########i*RHONDA C.ABEL;JERI APODACA;PAMCIA H.BR.EBNER;LINDA ENRIGHT;JANE KEPNER,STANLEY C.LYNN;NANETTE MARIELLA-MY'ERS; MIKE PARIZINO;JAMES A.SCHALLER,ALEXIS BRYAN;LEIGH MCDONOUGH•COM Mesa, Its true and Iawlul attorney(s)-in-fact,with full authority to execute on Its behalf fidelity and surety bands or undertakings and other documents of a slmdiar 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 tom each executed and aftested these presents this loth day of Jaau q 2002 R.A.PIERSON,SECRETARY MIKE MGA'VICK,PRESIDENT 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 any+Assistant Vloe President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint Individuals as attomeys-Intact or under other appropriate tars with authortty to ex cute on behalf of the company 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 afilxed by facsimile. On any Instrument conferring such authority or an any bond or undertatdng of the company,the seal,or a facsimile thereof,may be Impressed or affbced or In any other manner reproduced;provided,however,that the seal shah not be necessary to the validity of any such Instrument or undertaidng" 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 ary certificate executed by the Secretary or an assistant secretary of the CorrIpany setting out, (1) The provisions of Article V,Section 13 of the By-Laws,and (in A copy of the power-off-atomey appointment executed pursuant thereto.and (111) Certifying that said power-or-attomey appointmeM is in full force and effect, the signature of the certifying office may be by facsimile,and the seal of the Company may be a facsdmNe thereof." 1,RA.Pierson,Sprxetery of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing of the Hy-Laws and of a Resolution of the Board of Directors of these corporations,and W a Power of Attorney Issued pursuant thereto,are true and oorrect,and that both the By-Laws,the Resolution and the Power of Attorney am still In full force and effemt IN WITNESS WHEREOF,I have hereunto sat my hand and affixed the facsimile not of said corporation this 25th day of September 2003 S � SEAL SEAL ,195S. tflr $ ' of R.A.PIERSON,SECRETARY "708AEF V01 0 A registered trademark of SAFECO Corporation VVY02 PDF • Y ,9. nz ad,. �('$.i� ...yrt rii•.s. a ..sr ,'j[�j�`,��. ]yr��r ra` x .`� �� TF��». -ten C .�'�.w .�.°. 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