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HomeMy WebLinkAboutMINUTES - 12092003 - 2003 RES 767 TETE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 767 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8717 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley), area. (District II) The following document was presented for Board approval this date for, Subdivision 8717 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: $5,900.00 Deposit made by: Windemere BLC,LLC Auditor's Deposit Permit No. and.Date: 413390 October 16,2003 TE,gpp I hereby certify that this is a true and correct copy of an Originator: Public (ES) G:\GrpData\EngSvc\BO\2003\12-09-03\SUB 8719 BO-16.dac action taken and entered on the minutes of the Board of {}riglnatar: Public Works(ES) Contact: Teri Rio (313-2353) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development ATTESTED. DECEMBER 09, 2003 T- Cor Many October s,2W4(PI) WindentereBJOHN SWEETEN,Clerk of the Board of Supervisors and em BLC rsiul r�any LLC Attn:Brian Olin 3c9P3a3t0 San A a5sCounty Administrator Travelers Casualty&Surety Company of America Attn:Patricia H.Hrebner 9325 Sky Park Court,Suite 220 San Diego,CA 92123 By Deploy RESOLUTION NO.2003/ 767 SUBJECT: Approve Subdivision. Agreement (Right of Way Landscaping) for Subdivision 8717 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley), area. (District M) DATE: December 9, 2003 PAGE: 2 II. Surety Band Bond Company: Travelers Casualty& Surety Company of America Bond Number and Date: 104125123 September 24, 2003 Performance Amount: $583,900.00 Labor&Materials Amount: $294,900.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/767 SUBDIVISION AGREEMENT {Right of Way Landscapin ) .. (Government Code§86462 and 66463) Subdivision: SUB 8717 Effective Daae. Subdivider: Windemere BLC Land Comaanv LLC Completion Period: 1 year WTNDEMERE SLC 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. Shiu, Public Works Director By:Lennar Homes of California,Inc., Mara `ng Member ® * (signature) By: (print name&title) Don Larson,Vice President RECOMMENDED FOR APPROVAL: By: Engineer ng Servic S inion {print name& e) Lynn J im,Asst.S 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.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called",County,"and the above-mentioned SubdivirigC,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to Install certain road improvements(both public and private),drainage Improvements, signs, street ilghtdrants, landscaping, and such other improvements (including appurtenant equipment) as required In the Improvement pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall corn late 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 agood workmanlike manner,In accordance with accepted construction practices and In a manner equal or superior to the requirements o1 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. IMPROVEMENT SEECURITY. Upon emoting this Agreement,the Subdivider shall,pursuant to Government Code X99,and the Courity©rdinanccode,provide as security to the County: A. For Perk ance acid Guarantee. $ 5.900,00 cash,plus additional security,In the amount of_ $ 58 49 0.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form ofof: Cash,certified check or cashiers check. X Acceptable corporate surety bond. - - Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 294.900Z ,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 furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as compplete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94.4.49 and§94-4.408 of the Ordinance Code. 4. GRANTEE AND WARRANTYWOR . Subdivider guarantees that said work shall be frea kom defects In material or ca workmanship and shall perform satisfactorily r a period of one-year from and after the Hoard 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. S. PLANT ESTABLISHMENT WORK. Suudivider agrees to perform establishment won, landscaping installed under this Igreeme'ht. 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 bepartment to be necessary to insure establishment of plants.Said Stant 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. 3. 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 work as promised. 7. NO WAIVER BYCOUNTY. 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 andfor materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this areement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to compg with any of the terms and conditions hereof. 3. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined In this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The Il I' 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 Ilability,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 prions auling rulingare any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to theubdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; L�. Non-Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any pian(s)or specification(s)In connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or at 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 ofBLC's activities under Section 3(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapelrl including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that BLC shall not be required to indemnify,protect, defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 9. : Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. RSU VEYS. 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-PERFORMANCE AND COSTS: if Subdivider fails to complete the work within the time specified In this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all casts 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. {Ince 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. INCORPORATION/ANNEXATION. 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 now 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:lep G.\GrpData\Enpavc Fortm\AG WORDAG-30A doc Rev.Mley 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of tv" CK I t7S?-f� On� PTir J&&& X c before me, &gr. S L Y 7EL. itChi t C Date t Name and Tft of Ofter(e.g.,'Jana Doe,Notary Publc") personally appeared &-i-z �YtV del r�Ci } ) Name(s)of SIgner(s) Ypersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -stare subscribed to the within instrument and -r -- — _ acknowledged to me that b�/they executed KAREN L. KEENAN the same in 4W4ller/their authorized 378 Commission# 1827 [[ capacity(!es), and that by 40W+xsr/their Notary Public - Coli#omia signature(s).on the Instrument the person(s), or Contra Costa County r the entity upon behalf of which the person(s) laMyComm.Expires Oct 7,2006? acted, executed the instrument. WITNES y hand an fficl al. ignamre of uboc 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)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ® Individual Top of thumb here Corporate Officer---Title(s): Cl Partner—❑Limited 0 General ® Attorney-in-Fact ❑ Trustee CJ Guardian or Conservator Other: Signer Is Representing: 01999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 918132402•www.natforwnotary.org Prod.No.5907 Reorder:Cal Toll-Free 1-848-878.8827 %.vsrrri t'cJr ti.varA e DEPOSIT PERMIT OFFICE Of COUNTY AUDITOR-CONTROL R � �. TO THE TREASURER: hUl2TINEZ,CAI LIF �J V RECEIVED FROM ORGANIZATION NUMBER �P�, (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. CCT TASK OPTION ACTIVITY AMOUNT r- 7 - �� ;,/ '`� > 1000 t I IL I I I L ! T. ` Citi .a C:•" /:Al 5 ICO (oL05 t � t 1,)0 too t ' t Ali 5 ` of � q!C) r Ll C- t lLt I I L-1 I I iT)ASC-Jh1QLree. . . . 25 --,r,)6) 2 S O E (I&JdAILL AW E `j .t o 3 d .; t z j E E _ EXPLANATION: /� �~ / TOTAL $ r} t (. � i — C7 � t.' �c DEPOSIT a4 t / j !�' / v '` r Deposit consists of the following items - " �ry f 1-2 M e✓! 47 t', ' 7o '"� "d) ( 4:14 CONN and CURRENCY $-� CHECKS,MA,ETC. $ -'i ' : ( f I I!e,5 BANK DEPOSITS S �. FOR AUDITOR-CONTROLLER USE ONLY 2920, `�' X99 �`f, Me DEfKJ51T / I PERMIT DP 11 NUMBER ,�. { t 00 r 7 / DATE ASSIGNED The amount of money described above is far Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged . A? vllt Date 1 Titl p ( EXT, _�7 ` 4,r. red: Deputy County Auditor ne Deputy County Treasurer ).34REV.(7-43) '' DEPOSIT PERMIT. ' OFFICE OF CE}tlNTY AWTOR-CONTROLLER =' TO THE TREASURER: MARTINEZ CAUFORNIA RECEMED FROM ;1 ' ORGANIZATION NUMBER tom) (For Cash Collection Procedures see County Acltninistrator's Bulletin 105.) DESCRIPTION FUNDJORG.. DUCT TASK OPTION ACTIVITY AMOUNT - rV, t ! � . 2,3,'de /� �y 1 3161401 11 01-6A- , qN23U 11,111.1 111 1 i .2106 Q 51 & -2 �-,4 A2 D, L&e-�-, -r 0-33. 6 7 1 &C�L5sqs s 6 6 1, EXPLANATION: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ —- CHECKS,M.0,ETC, $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT " PERMIT D� NUMBER DATE I ✓ ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is opproved. Receipt of above amount is hereby def osit into the County Treasury, :/ acknowledged. 4Dte U ,r/ '9ned. _Signed: Title. " #1 EXT -,G 4 q �` V Deputy Crsunty Auditor Deputy County Treasurer D-34 REV.( 3 f i ` COUNTY Of CONTRA CWTA iEPiSIt P RNID OFFICE O CCit1NT)'AUQ T0R CONTROLLER r MARTINEZ,CALIFC>RNfA TO THE TREASURER: RECErVED FROM � .. t7RGANI2ATIC7N NUM { BER 9 K (For Cash Collection Procedures see County Administralw's Bulletin 145.) DESCRIPTION FUNDjORG �CT TASK OPTION ACTPATY AMOUNT l a 5 #. I I fit' I I It I I I I I L I I ..L-,. %5r . # # 1 # # i # # # t t 1 # 1 I 1 i i t # EXF`t I ATION: TOTAL S DEPOSIT Deposit Consists of the following items COIN and CURRENCY $ — -- i CHECKS,KO,ETC. $ , BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DPNUMBER DATE i[ ASSIGNED The amount of money described above is for Trtasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the C ty Treasury. o&nowiedged '4Signe :{ 6`t' Date Signed. Title:, l p L _11�( EXT _?_�•i # �Deputy'County Auditor Deputy County Tmosurw D-34 RFV.(7-93) 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: 01121673, $2,250.40, Sub 8716, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 8198010-0800: 61121675, $5,900.00, Sub 8717, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon Pl #314, San Ramon, CA 94583 0649-9665 / 831000: 61121613, $1,400.00, Cash Deposit for Flood Control Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513 0649-9665 / 831000: 61121653, $400,00, RS 2836, Record of Survey Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507 0649-9665 / 831000: 61121654, $500.04, RS 2837, Record of Survey Deposit, Downrite Demolition & Excavation, 1407 Webster St. #201, Oakland, CA 94612 0649-9665 / 831000: 01121655, $500.00, RS 283, Record of Survey Deposit, Crenshaws', 228 Calle Le Montana, Moraga, CA 94556 0649-9665 / 831000: 61121657, $20.800.44, RA 1147, Road Acceptance Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121658, $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 P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 01121661, $135,700.00, RA1142, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 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, $9,460.00, 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 BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121662, $20,700.00, RA 1142, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI ##310, San Ramon, CA 94583 819800-0800:..Gi121664, $1,000.00, Sub 8712, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121666, $1,320.00, Sub 8713, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121668, $22,300.00, Sub 8683, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121669, $1,500.00, 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 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: G1121667, $1,2600.00, Sub 8714, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 ##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: 61121672, $18,500.00, Sub 8716, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121674, $47,680.00, Sub 8717, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon 'PI #310, San Ramon, CA 94583 821400-0800: G1121503, $64 2� 48.00, SCC Sub Reg, Tall 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: 01121503, $19.140.00, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivision: 7.a _ Bond No.: 1041 25123 Premium: $4,087.00 IMPROVEMENT SECURITY BOND FOR PUBLIC FLIGHT OF WAY I.ANRsCAw AGREEMENT (Performance,Guarantee,and Payment) (California Government Code Sections 66462 and 66463) 1. RACITA t,ca€�SUsnN- la N&QREE► x't: The Principal las executed an agreement with the County w install and pay,for public right of way landscaping,and other related improvements in Subdivision 8717 as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings d*r+eun4or in order to satisfy conditions for filing of the FinAl Map or Parcel Map for said Subdivision. 2. QuIc a lm: Wiadamire HLQ LaW Co ,as Ptrncipal,incl Travelers Casualtj and Surety Company. of America a� ownizedexisti underft laws of the State of Connecticut and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors,and assigns to the County of Contra Costa,California to pay it: A. Performance and Guarautee:„Five H URadEigle Throe,Thousand NiDC H=d AWMI010 _,Dollars ($ 583,290.00 for itself or any city assignee under the above County Subdivision Agreement,plus B. Payments wo tLvndrrd NjuM Egz Dmwd Nine Hmdred mg 00/10A Dollars (S 294-900.00 - to secure the claims to which reference is in TitleXV (commencing with Section 3082) of Part 4 of Division Ill of the Civil Code of the State of California. 3. CbN . A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the mannan 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_ As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney`s fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 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 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 furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act,with respect to such work or labor,that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact 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 to give a right of action to thein 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 plats or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby,given w make such alteration wirhout fiuther notice to or consent by Surety,and the Surety herby 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. SI_gnjQ AND SEALER on September 24, 2003 WINDEMERE PLC LAND COMPANY, LLC By: Lennar Homes of California, Inc. TRAVELERS CASUALTY AND SURETY PRINCIPAL: i_ to mmangging member— _ SURETY: COMPANY OF AMERICA Address: 24800 Chrisanta Drive Address: 9325 Sky Park Court, Suite'220 City: Mission Viejo, %-p, 92691 City: San D o, CA : 9 123 By: -fit-- By. Pruni Name: Daviel ans print Nance. Patricia H. Prebner Title: Vice .President Title: Attorney--in-Fact M. %�PWs»nARDAT^w +sms,.cW-m.W wontxsK-�_. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange 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 I Land and official Seal. Commission#1336384 erg Notary Public-California S � orange County 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 1041 25123 Number of Pages: Two (2) Date of Document: September 24, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE r" :NOWLEDGMENT No.6807 State of California County of Orange On September 24, 2003 before me, Rhonda C.Abel;Notary Public 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- 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. HONDA C.ABEL41 �~ ( NOTARY PUBLIC•CALIFORNIA G) __&5k- 'E ORANGE COUNTY 0SIGNATURE OF NOTARY COMM.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 [-1 INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ME(S) PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT © TRUSTEE(S) CI 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-4007/GEEF 2t98 01953 NATIONAL NOTARY ASSOCIATION•8236 Rernmat Ave.,P.O.Box 7184•Canoga Park,CA 91308-7184 TRAVEI` 4 CASUALTY AND SURETY COMPANY OF ERICA 1. aLERS CASUALTY AND SURETY COMPAm.r FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9462 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella- Myers,Rhonda C. Abel,Stanley C. Lynn,PatriciaH. Brebner,Alexis H.Bryan,Leigh McDonough,Jane Kepner,of Irvine, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the bruited States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is fried in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the finture with respect to any bond or undertaking to which it is attached. 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VIU 'VDI2IRIKV SIO Ai+WIKO7 A3,.+ IIfIS GW A,L'IV£ISVD SHWIRAVIU `AOR2 ZHM SSZNLIhA NA Mravelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 {the "Act"}. The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, If any, the Act will have on your premium. Ander the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined In the Act. The Act further provides that the Federal Government will pay a • share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for 'which the Federal Government or an insurer can be responsible at .$100,000,000,000.00, provided that the insurer has met its deductible. f Please note that passage of the Act does not result In any change In coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that Is allocable to such coverage, Is Inseparable from and Imbedded In your overall premium, and Is no more than one percent of your premium.