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HomeMy WebLinkAboutMINUTES - 12092003 - 2003 RES 765 'i TIDE 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. 20031 765 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Sub 8716, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley)area. (District lb The following document was presented for Board approval this date for, Sub 8716 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: L Cash Deposit Deposit Amount: $2,250.00 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 Cr: tr. Public (E ) 09o3\svn s7ztxao-z6.aoc action taken and entered on the minutes of the Board of Originator. Public Warks(ES} Contact: Teri Rie(313-2363) Supervisors on the date shown. cc. Public Warks- T.Bell,Construction Current Planning,Community Dewclopment ATTESTED:DECEME2 Q9 20ffl Wi demere 9,2004(P 1) JOHN SWEETEN Clerk of the Board Of Supervisors and " Windcmere BLC land Company.LLC r p Brian Olin County Administrator 3130 Craw Canyon Pl.,#310 San Ramon,CA 94583 Fidelity and Deposit Company of Maryland Patricia H.Brebner By zcgdA-6� Deputy 225 S.Lake Avenue,Suite#200 101, W Pasadena,CA 91101 RESOLUTION NO.2003/ 765 �^• • SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Sub 8716, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley)area. (District III) DATE: December 9,2003 PAGE: 2 II. Surety Bond Bond Company: Fidelity and.Deposit Company of Maryland Bond Number and Date: 0871 9221 September 24,2043 Performance Amount: $222,250.00 Labor&Materials Amount: $112,250.00 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. RESOD TION N0. 2003/765 i s SUBDIVISION AGREEMENT (Right of Way Landscapin } (Government Coda§66462 and 166463) Subdivision: SUB 8716 Effective Cate: I Subdivider: Windemere B,LC, Land Coin©any,L.L.C. Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES"AGREEMENT HERETO: a California limited liability Company By:LEN-OBS Windemere,LLC CQl TRA COSTA CODUN� SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M. Shiu, Public:Works Director By:Lennar Homes ofCalifomia,Inc., Nbnaging Member � I V ` p By: w ��`"` (signature) SA 11 VAM 1. (print name&tideT Don Larson,Vice President RECQMMENDED FOR APPROVAL: (sign�+�rt�.. " : Engineering Services Dl ` ion K*2/ (print It"arne t Yc} Lyn cb� ecrctary �cz FORM APPROVED: Victor J.Westman,County Counsel (MOTE:All signatures to be selmowledged. If Subdivider Is Incorporated,signatures roust conform with the designated representative groups pursuant to Corporations Code§313.) 1. FA TIES+�D Effective on the above date,the City of County of Contra Costa,California,hereinafter called" y,"and the above-mentioned uibd yi C,mutually promise and agree as follows concerning this subdivision: 2. 'IMEROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street lights, fire hydrants, landscaping, and such ether 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 compplete said work and Improvements(hereinafter called"work")within the above completion period from date hereof as required by the Call%mia Subdivision Map act(Government Code§§88410 and following),In agood 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 strider requirements shall govern. 3. IMEROVEMENT 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 Q $ ,, 0,00 cash,plus additional security,In the amount of_ $ 222-250Q0�__ which together total oneundrepercent(100%)of the estimated cost of the work. Such additional security Is presented n tFe 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. �'_s1t�: Security In the amount of$ 1 2.250.00. ,which is fifty percent(50%)of the estimated cost of the work. uch secu ty 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 furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as compfete 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 AND WARRANTY OF WORK. Subdivider guarantees that said worts shall be fre Arom defects in material or workmanship and shall perform satisfactorily fora period of one-year from and after the Board of Supervisors accepts the work 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 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. ;. .odlvlder agrees to perform establishment wo, )r landscaping installed under this . agreement. Sald 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 pians 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 work as promised, T. NO WAIVER BY CQUNIX. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee o 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. L3. LNDEMNITY: Subdivider shall hold harmless and Indemnify the Indemnitees from the liabilities as defined in this section: A. The in n I 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 1' ll protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including ersonal injury,death,property damage,Inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at anytime before the County reviewed said Improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said Liabilities and claims. C. The LeiQns causingare any act or omission(negligent or non-negligent)In connection with the matters covered by this Agreement and attributable tot a ubdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. on- nThe promise and agreement In this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supe!ed,or approved any plan{son specification(s)in connection with this work or subdivision,or has insurance or other Indemnification covering any of these matters,ort at the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. E. 1. Windermere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County e'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 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell`)including,without limitation,any claire, 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. QOSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. $URYEYS. Subdivider shall set and establish surrey 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. JON-PERFORM. CCE AND!;OSTA: If Subdivider falls 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 time 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. jNCORPORATION/AEON. 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 -30A.$9C Rtgttata�EtwavCl w=1AG WORDNAiG Rev, Maeu. y 18,a � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of O N-r l,/�am' --EA ss. nnP.�H r ,1 before me, >"✓~rakep�k L- hag--NA JotbTd�._Cu f 1 C Date Nara and ntie of Officer(e.g.,"Jane Doe,Notary"Ic') personally appeared r`1 Cs CaL i Name(e)of signer(e) 2Spersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names)-4/are O1 1subscribed to the within instrument and KAREN L. le-07 acknowledged to me that+er%ha they executed Commission# 1378827 ..,�; Notary Public _ California the same in 409#w/their authorized Contra Costa County capacity(ies), and that byiec/their My Comm.Expires ct7.2005 signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand a fflcl I al. Signature of Nd1j Pwft 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 fort 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 rop of thumb here ❑ Corporate Officer--Title(s): ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Nathma3 Notary Association•9350 De sow Aw.,P.O.Box 2402-Chata%wrth,CA 91313-2402+www.nationatnotary.org Prod.No.5907 Reorder.Call V*-Free 1.800-875.8527 DEPOSIT PERMIT ' OFFICE OF COWNTY AUDITOR-CONTROL R TO THE TREASURER: iTINEZ,CALFORNIA���"'"` RECEIVED FROM 11A l ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORO Sulk ACCT TASK OPTION ACTIVITY AMOUNT 1�- 7ozloo Y51 ktv 4'z ; ,95rl q10! i i i f C l L 035,2 . �) ia) y i i ! ) :, _EA5 1 f l5 , , 25 LL f feNT I Ff,t 10LIZ r.J i :J /,D 32Yr'o t 4.J4✓ L L too I 5e,. Yc+ Lf i G` J` r i t t t -I-i--I---lrz � 7-5-ola) EXPLANATION: - , TOTAL $ q r?� ` I 4;L DEPOSIT Posit consists of the ffollowing�ritryng items C 7 L C ( "f Ii CCNN and CURRENCY $ ✓ ' CHECKS,MO.,ETC BANK DEPOSITS $ (2224z, FOR AUDITOR-CONTROLLER USE ONLYl tI' DEPOSIT t' tr' e',> >Yr,+� /?"776 PERMIT DP J! 1� I tl j L' Y A NUMBER c (�;�t's', G° �. ✓ el ?�e tW c/ DATE a}� i Y ASSIGNED � The amount of money described above is for Treasurers receipt of above amount is approved Receipt of above amount is hereby deposit into the County Treasury. acknowledged Si dLe.ti?!.. r . C Dote ' L Titlefl l EXT. Sited .- Deputy County Auditor 1 Deputy County Treasurer ?-34 REV.(7-93) �` tr T j _ _ WUNITUrcUNItc7+►'l. WA ` DEPOSIT PERMIt. t OFFICE OF,COUNTY AUDITOR-CONTROLLER x" s MARTINEZ,CALIFORNIA ` �r TO.THE TREASURER RECEIVE7;FROM - ORGANIZATION NUMBER (For Cash Collection Procedures see County Adtninkstrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT TASK PTION ACTMTY AMOUNT I ' : r C �5 (01-0 1b 42�o 160 t A I = ` 3 ` r t C / ' +6 q, 59'i 1,) WY e 1640911) M 66r ;60 f')IN t ?5" 26( j -513066C `` (� c. i .210,E ` a EXPLAWION: TOTAL $ DEPOSIT ! Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.0,ETC. $ BANK DEPOSITS E _ FOR AUDITOR-CONTROLLER USE ONLY DEPO rz PERMIT Dp NUMBER / DATE rrI f �' . ASSIGNED The amount of money described above is for Treasurer's rero<eipt of above amount is approved. Receipt of above amount is hereby tie, 7osit into the County Treasury. acknowledged .a_' >f ..�; ..c. ` to C% -�.:' ✓�` ,,,,.�.. a vSigrnsd. f Signed; Title RIV EXT, -2- Y 7 De vs ,Caunty Auditor Deputy County Treasurer D-34 REV.( 3 COUW)(CIF CONTRA C.CJ 5TA OFFICE Of COUNTYfi AU0,1TOR.CONTROLLER r MARTNEZ,CALIFORNIA TO THE.TREAiSURER:- :. RECEIVED FROM C7RGAANUATION NUMBER PU bll (Fox Cash Collection Pracedum sea County Administrotor's Bulletin 1{05.) DESCRIPTION FUNDJORG ACCT TASK OPTION ACTIVITY AMOUNT / en � t I it I If I IL I I IIIIIII fit I fit I l(AIJi I It I Ill fill I I- L- I fill lilt III' l I i I I I I i I i 1 1 1 t 1 I { I P EXPLANATION: TOTAL $ I DEPOSIT P Deposit consists of the foElawing items COIN and CURRENCY $ CHECKS.M.O,ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT ' PERMIT d� NUMBERDATE tj ASSIGNED C�✓ f ( '� The amount of money described above is for Treasurers receipt of above amount is oplsroved. Receipt of above amount is hereby osit into the Co ty Treasury acknowledged. f t `.k. Signed: f •. Signed: Title: r "`f {/r EXT ' ''' Deputy County Auditor Deputy County Treasurer U-34REV.(7-93) 819800-0800: 61121671, $1,100.00, Sub 8715, Cash Performance Bond, Windemere BLC LLC, 3180 Crow Canyon PI ##310, San Ramon, CA 94588 819800-0800: 61121673, $2,250.00, Sub 8716, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI ##310, San Ramon, CA 94583 819800.0800: 01121675, $5,900,00, Sub 8717, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94588 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: 01121653, $400.00, RS 2836, Record of Survey Deposit, Thomas 6ringrich, P0) Box 504, Alamo, CA 94507 0649-9665 / 831000: 61121654, $500.00, RS 2837, Record of Survey Deposit, Downrite Demolition A Excavation, 1407 Webster St. #201, Oakland, CA 94612 0649.9665 / 831000: 61121655, $500.00, RS 283, Record of Survey Deposit, Crenshaws', 228 Calle Le Montana, Moraga, CA 94556 06499665 / 831000: 61121657, $20,800.00, RA 1147, Road Acceptance Inspection, Windemere BLC LLC, 3130 Crow Canyon PI ##310, San Ramon, CA 94583 0649-9665 1 831000: 61121658, $14,280.001 D60028, Drainage Inspection Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 06499665 / 831000: 01121659, $109,150.010, PA0005, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #810, San Ramon, CA 94583 06499665 / 831000: 61121661, $135,700.00, RA 1142, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #810, San Ramon, CA 94583 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: 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, $13.600.00, PA0005, Cash Performance Bond, Windemere SLC 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: 61121664, $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 SLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121669, $1,500.0 , Sub 8714, Cash Performance Bond, 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 / 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 Daman, CA 94583 0649-9665 / 831000: G1121670, $9,100.00, Sub 8715, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Raman, CA 94583 0649-9665 / 831000: G1121672, $18,500.00, Sub 8716, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121674, $47.680.00, Sub 8717, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 821400-0800: 61121503, $649248.00, 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: 61121503, $19.140.{0, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivisions SUR 1716 Road No.: 0871 9221 Premium: $1,556.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance,Guarantee,and Payment) (California Government Code Sections 66462 and 66463) 1. Br&r wL OF MlstoN AGB&MNT.- The Principal has executed an agreement with the County to inST411 and pay for public right of way landscaping,and other related improvements in Subdivision 8716 _as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance with State and local taws and rulings Thereunder in carder to satisfy conditions for Ming of the Final Map or Parcel Map for said Subdivision. 2. OBLIC:ITION. Winkmae as Pri=ipal,and Fidelity and De osit Co_mpanv. cif Maryland ,acorporation organized existing under The laws of The Suite of Mar lland� and atrThotfud to transace surcTy business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors,and assigns to the County of Contra Costa,California to pay it: A. Performance and Guormtatee: o cl Qom_Dollars( 122.250.00 )for itself or any city assignee ander the above County Subdivision Agreement,plus R. Paymeuv Dollars to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Pan 4 of Division UI of the Civil Code of the State of California. 3. CQN0}1TION: 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 perforin the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the Time and in the mariner 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,therm this obligation shall become null and void; otherwise it shall be and remain in full force and ef1'+act. As pan 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 successfWly enforcing such obligation,all to be taxed as costs and included in any judgement tendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and The undersigned as corporate surety are held firmly bound unto the County of Contra Costa and 411 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 furnished or later 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 judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3092)of Part 4 of Division 3 of The Civil Code,so as to91 ive a right of action to them or their assigns in any suit brought upon this bond. Should the condition ofthis bond be fully performed Own 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 tiatber 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. SIGN Ell AM SR,&LED on Sel2tember 24, 2003 WINDEMERE BLC LAND COMPANY, LLC By: -Lennar Homes-of California, Inc. FIDELITY AND DEPOSIT COMPANY PRINCIPAL: its manager SURETY. OF MARYLAND 24800 Chrisanta Drive Address. Address; 225 S. Lake Avenue, Suite 700 City mission Viejo, CAZ92691 ip- City- PasadeTht CA Z- 91101 By. By: - Print Name: David Eva4 print Name: Patricia H. Brebner Title: Vice President Title: Attorney-in-Fact .MW WO1D%N-12A d0C Rcv,Jaw 17,1"0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orang On September 25, 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 capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my h,pKd and official sea€. ..ax , .,,.._ GORDON J.PETERSON Commisslon*1335380 es Notary Public-California y Orange County+ Con" ExOres Dec 17,2=1-, 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. 0§719221 Number of Pages: Two t2) Date of Document: September-24, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE. ;NOWLEDGMENT No.5907 State of California County of Change On September 24, 2003 before me, Rhonda C.Abel,Notary Public , DATE NAME,TME OF OFFICER_E.G.,"JANE DOE,NOTARY PUBLIC` personally appeared Patricia H.Brebner , NAME(S)of SIGNERS) personally known to me-OR- 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ,- RH8iTDA C.ABEL � 777 SIGNATURE OF NOTARY NOTARY PUBLIC-CALIFORNIA6) way ORANGE COUNTY 0 QCOMM.EXP.AUG.9,2005 OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL [� CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT T17LE(S} �] PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT _ © TRUSTEE(S) D GUARDIAN/CONSERVATOR NUMBER OF PAGES F OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40871GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-823e Remmet Ave„P.O.Box 7104•Canoga Park,CA 81309.7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and appoint Patricia H.BREBNER,of Irvine,California, its true and la d ey-" to make,execute, seal and deliver,for,and on its behalf as surety,and as its act ngs and the execution of such bonds or undertakings in pursua p 'S on said Company,as fully and amply,to all intents and purposes,as if x 6 gad by the regularly elected officers of the Company at its office in B r his power of attorney revokes that issued on behalf of Patricia H S The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- " y,and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of February, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND out P R . By. T. E. Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland ss: City of Baltimore On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Sandra Lynn Mooney Notary Public My Commission Expires: January 1,20014 POA-F 012-5025M EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI,Section 2.The Chairman of the Hoard,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking,recognizances, stipulations, policies,contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages—.and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile' or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WBEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 24th day of September 2003 OP. dmrc� Assistant Secretary ' r , ZURICH MS IMPORTANT VISCLOSIM NO-TICE 15 PAIS QE YAC] 0-ND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American lnsuraunoe Company,and American Guarantee and Liability Insurance Company are maldnS the following m1brmational disclosures in compliance with The Terrorism Risk Insurance,Act of 2002, No action is required on your parL Disclosure of Terrorism Prmimm The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is S--waived—. This amount is reflected in the total premium for this bond. Mocloaure of AYWI Mility of overw for TeraarIsm Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage fb r losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially as those for losses arising frorn events other than acts of terrorism. Disclosure of k`Weral Shan of Insurance Cotrn a my Ju `off Lines The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance copy has paid losses in excess of an annual aggregate deductible. For 2042,the insurance company deductible is 1%of direct earned premium in tare prior year,for 2003,7%of direct earned premium in the prior year,for 2044, 10%of direct earned premium in the prior year and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%.In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terroriser surcharge f policyholders. The Act does not currently provide for insurance industry or United States government partiolpa don in terrorism lasses that exceed$100 billion in any one oalerrdar year. 21flttWon of Act of TAxodgm The Terrorism Risk Insurance Act defines"act of terrorism"as any act that is certified by the Secretary of the Treasury, In ooncWertce with the Secretary of State and the Attorney General of the United Staten i. to be an act ofterrorism 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; .3. to have resulted in damage within the United States, or outside of tate United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United Stem#lag vessel (or a vessel based principally in the United Status,on which United Status income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of United States mission;and 4. to have been committed by an individual or individuuab acting on behalf of any foreign person or foreign interest as part of an effort to coerce tfte civilian population of the United States or to Influence the policy or affbet the conduct of'the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers'co tion)or property and casualty insurance losses resulting torn the act,in the aggregates,do not exceed$5,000,000. These disclosures are informadoanal only and do not modify your band or affect your rights Vader the bond. Copyright Zruich Amtrieaar lnsumnca many 2003 �„.,.