HomeMy WebLinkAboutMINUTES - 12092003 - C16-C20 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 9, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 749
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere
Parkway and Albion Road RA 1142 (cross-reference Sub 8507), being developed
by Windemere BLC Land Co., LLC, San Ramon (Dougherty Valley) area.
(District III)
The following document was presented for Board approval this date for, RA 1142 (cross-
reference Sub 8507) 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: $20,700.00
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
G:\GrpData\EngSvc\BO\2003\12-09-03\RA 1142 BO-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
Recording to be completed by COB
cc: Public Works- T.Bell,Construction
Current Planning,Community Development ATTESTED: DECEMBER 09, 2003
T—October 9,2004(P 1)
Windemere BLC Land Company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and
Brian Olin County Administrator
3130 Crow Canyon Pl.,#310
San Ramon,CA 94583
Travelers Casualty and Surety Company of America
Patricia H.Brebner By ,Deputy
9325 Sky Park Court,Suite#220
San Diego,CA 92123
RESOLUTION NO.2003/ 749
t
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere
Parkway and Albion Road RA 1142 (cross-reference Sub 8507), being developed
by Windemere BLC Land Co., LLC, San Ramon (Dougherty Valley) area.
(District III)
DATE: December 9,2003
PAGE: 2
II. Surety Bond
Bond Company: Travelers Casualty and Surety Company of America
Bond Number and Date: 1041 25122 September 24, 2003
Performance Amount: $2,051,826.00
Labor&Materials Amount: $1,036,263.00
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 N0. 2003/749
SUBDIVISION AGREEMENT
r (Right of Way Landscaping)
(Government Code§66462 and §66463)
4
Subdivision: RA 1142 (Cross-Ref SUB 8507) Effective Date:
t
Subdivider: Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY LLC,
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.,
Managing Member
By: W ,,�� (signature) &Xvke�t=
(print name&title) Don Larson,Vice President
RECOMMENDED FOR APPROVAL:
(signature
g
By: (print name& �tle)b4o im,Asst.Secretary
Engineering Service Div s n
FORM APPROVED: ictor 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 Subdivider, 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 lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following), in a good workmanlike manner, in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT 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: $ 20,700.00 cash, plus additional security, in the amount
of _$ 2,051,826.00 which together total one hundred percent(100%)of the estimated cost of the work. Such
additional security is presented in the form of:
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$ 1,036,263.00 ,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 furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with §94-4.406 and §94-4.408 of the Ordinance Code.
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4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year fromand 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.
Theguarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent
and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said
plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete.
At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to 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 BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The 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 liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death, property damage, inverse condemnation,or any combination of
these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing liabilily 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. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct
of any Indemnity.
9. COSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-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 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. 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 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.
Awlap
GAGrpData\EngSvc\Forms\AG WORD1AG-30A.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of /6 po1-C_Pt /'10"�z;rA
On before me, )Jk PQ
Date Name and Title of Officer(e.g.,"Jane Dae,Notary Public")
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personally appeared Ljl�9SC>N Pk N L'�� N N__�Soc_kA
Name(s)of Signer(s)
tVpersonally known to me
El proved to me on the basis of satisfactory
evidence
AR, 4s/are
to be the person(s) whose name(s)
KAREN L. KEENAN subscribed to the within instrument and
W. commission# 1378827 Z acknowledged to me that he�slh /they executed
Z Notary Public California z
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Z Contra Costa County the same in *sMiei/their authorized
.�.. a capacity(ies), and that by *iq4w/their
My Comm.Expires Oct 7,2006
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 off iciny
seal.
Signature of Notiry Public
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(ies) Claimed by Signer
Signer's Name:
0 Individual Top of thumb here
El Corporate Officer—Title(s):
E Partner—0 Limited 0 General
11 Attorney-in-Fact
0 Trustee
11 Guardian or Conservator
0 Other:
Signer Is Representing:
C 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
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MARTINEZ,CALIFORNIA
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RECEIVED FROM
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ORGANIZATION NUMBER
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(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
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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. acknowledged.
Signer Date ,£ (�'/``.,'
t;;'fir;, -»= i f �.. ,. r S#gned. ,
Title. ! t f EXT. ; Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-93)
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DEPOSIT PERMIT
.` OFFICE OF COU, AUl ITCOR'CONTROLLER r
TO.THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED,FROM
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ORGANIZATION NUMBER
► (Or§ar ixation)
(For Cosh Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION - - FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
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EXPLANATION: TOTAL $ i
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
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DEPOSIT !, f`
PERMIT DP
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
Sign , .!` C �_ .. ` 1:�,Date
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DEPOSIT PERMITof '
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OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER:. MARTINEZ,CALIFORNIA
RECEIVED FROM
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ORGANIZATION NUMBER
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(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB"ACCT. TASK OPTION ACTIVITY AMOUNT
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EXPLANATION: TOTAL $ I
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Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT f f
PERMIT DP
NUMBER
DATE ;' %r ( ,
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 CouPty Treasury. - acknowledged.
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9 f Date r
fj /r� Signed: `` Signed:
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Title�� l``�`�` f _V° / EXT. . Deputy County Auditor Deputy Y Count Treasurer
D-34 REV.(7-93)
?�I ,
819800-0800. G1121615, $20,755.00, Sub 8571, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G11216171 $31,800.00, Sub 8572, Cash Performance Bond,
Hoffman Land development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G11216181 $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: 61121620, $17,000.00, Sub 8579, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G11216561 $3,1840.001 RA11471 Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 611216601 $13,600.001 PA0005, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G11216621 $20,700.00, RA1142, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 611216641 $1,,000.00,, Sub 87121 Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G11216661 $1,320.00, Sub 8713, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G11216681 $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
819800-0800: 61121671, $11100.00, Sub 8715, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583
819800-08009 61121673, $21250.00, Sub 8716, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121675, $5,900.00, Sub 8717, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583
0649-9665 / 831000: G11216131 $1,400.001 Cash Deposit for Flood Control
Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513
0649-9665 831000: 611216531 $400.000* R5 2836, Record of Survey
Deposit, Thomas Gringrich, PQ Box 504, Alamo, CA 94507
0649-9665 / 831000: 611216541 $500.00, RS 2837., Record of Survey
Deposit, Downrite Demolition & Excavation, 1407 Webster St. #2011
Oakland, CA 94612
0649-9665 / 831000: 611216551 $500.00, RS 283, Record of Survey
Deposit, Crenshaws 8. 228 Calle Le Montana, Moraga, CA 94556
0649-9665 / 831000: 61121657, $20,1800.00,1 RA 1147, Road Acceptance
Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000: G11216581 $14,280.00, DG0028, Drainage Inspection
Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San
Ramon, CA 94583
0649-9665 831000: 61121659, $1091150.001 PA0005, Landscape
Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310,
Son Ramon, CA 94583
0649-9665 / 831000: 611216611 $135,700.00, RA1142, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
Son Ramon, CA 94583
0649-9665 831000: G11216631 $8,200.00, Sub 8712, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
Son Ramon, CA 94583
0649-9665 / 831000-- 611216651 $11,050.00, Sub 8713, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121667/ $12,600.00, Sub 8714, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310,
San Ramon, CA 94583
0649-9665 / 831000: 611216701 $9,,100--.001, Sub 8715, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 831000: G11216721 $18,500.00, Sub 8716, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310,
San Ramon, CA 94583
0649-9665 / 831000: 611216741 $47,680.00, Sub 8717, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
821400-0800: 611215031 $64,248.00, SCC Sub Reg, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
821500-0800: G11215031 $23,0628.001 SCC Reg, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
828800-0800: G11215031 $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: ]RA 1142 (Cross-,Ref SUB 95071
Bond No.: 1041 25122
Premium: $14,363.00
IMPROVEMENT SECURITY IRONID
FOR PUBLic RJGHT OF WAY L.4NDSCAPF AGREEWNT
(Performance., Guarantee, and Payment)
(California Government Code SecTions, 66462 and 66463)
1. RECITAL OF StiRDIVISION ACREEMENT: T'he Principal has-executed an agreement with the County to install
and pay for public right of way landscaping,and other related improvements in Subdivision RA 1142
(Cross-Ref SUB-8507)as specified in The Subdivision Agreement(Right of Way Landscaping),and
to complete said work widiin the time specified for completion in the Subdivision Agreement(Might of Way
Landscaping), all m' accordance wiTh State and local laws and rulings thereunder in order to satisfy
conditions for filing of the final Map or Parcel Map for said Subdivision.
2. OfflLIGATION: Windemere BLC LmWY
Land Coni L.L.C. as pfiwipaly
now=
Trave 1e r s Casualty and Surety Company of America,a corpomuon organized existing under the laws
of the Stare of Connecticut and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs., executors,, administrators,
successors, and assigns to the County of Contra Costa,California to pay it:
A. Performance and Guarantee: Two Million Fifty One Thousand Eight Hundred Twenty Six and
00i100 Dollars ($__ 2.3051�826_00 ) for itself or any city assignee under the above County
_
Subdivision Agreement,plus
B. Payment: One Million Thirty Six Thouszmd Two Hundred Sim Three and 00/100 Dollars
(S___ 1,03 3.00 -)to secure the claims to which reference is made in Title XV (commencing
with Section 3082))of Pan 4 of Division M of the Civil Code of the State of California.
3s. CONDITION:
wwmmmmw�
A. The Condit-Ion 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 kepi and
performed at the time and in the manner therein specified,and in all respects according to their uue
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 speced therefore.,there
sal be included costs and reasonable expenses and fees, including reasonable 4Ttorney'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.
The condition of this obligation as to Section 2.(5) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto The Co=Ty 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 dw aforesaid Civil Code for mawrials furnished or labor
thereon of any kind,or for accounts due under the Unemployment Insuraace 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
mount thereof, costs and reasonable expenses 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=" ludedin 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 widi Section
30827)of Pan 4 of Division 3 of the Civil Code,so as to give a tight 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 effeci.
C. No alteration.of said subdivision agreement or any plan or specification of said work- agreed to by
ft! Principal and the Courtly shall relieve any Surety from liability on this bond; and consent is
hereby given to make such alteration without Amber 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.
SIGNED AND SEALED on September 24, 2-0013---------
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar H6mes of California, Inc. TRAVELERS CASUALTY AND SURETY
PRINCIPAL; its manager SURETY-W COMPANY OF AMERICA
Address: 24800 Chrisanta Drive Address; 9325 Sky Park Court, Suite 220
Ci Mission Viejo, C.A. Li
.I 92691
P: City: Sa"iego, CA Z 92123
By;
Print Name: David ivansPrint Name- Patricia H. Brebner
Title: Vice President Tide: Attorney-in-Fact
MW
kkPWSISHARDATAkGrpDax*\Esii;gv4;TonnsG�WORDGN-12A duc
Rov Jano 1'7.X999
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.
V%.-A0rA_ _J111111111111111111111 84.
GORDON J,Pt'
Witness my h d and official seal. Commission#1335380
Public blic-California z
Zi
Z >
Orange County
MY Comm. Exp i res x;17 20V5,
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 25122
Number of Pages: Two (2)
Date of Document: September 24,, 2003
Signers (other than those named above): Patricia H. Brebner
TRAVEL; CASUALTY AND SURETY COMPANY OF :RICA
TTS V ELERS CASUALTY AND SURETY COWAN.,,
FARMWGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
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,Patricia H. Brebner,Alexis H. Bryan,Leigh McDonough,Jane Kepner, of Irvine,
California, their true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United 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 Attorneys)-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 filed 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 future with respect to any bond or
undertaking to which it is attached.
01-00 Standard)
) VP
ra . elers
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.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Actfurther 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 terrorismwhich is in excess of Traveler's'
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,
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.
e. 7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 9, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 750
SUBJECT: Approve the Road Improvement Agreement for Windemere Phase II Creek Trail
RA 1147 (cross-reference Subdivision 8507), being developed by Windemere
BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval for Windemere Phase II
Creek Trail, road acceptance file RA 1147 (cross-reference Subdivision 8507) property located
in the San Ramon(Dougherty Valley) area, Supervisorial District III.
A road improvement agreement with Windemere BLC Land Company, LLC, principal,
whereby said principal agrees to complete all improvements as required in said road
improvement agreement within one year from the date of said agreement. Improvements
generally consist of trail improvements.
Said document was accompanied security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Performance Amount: $3,840.00
Auditor's Deposit Permit Number: DP 413390 October 16, 2003
Deposit made by: Windemere BLC, LLC
Taxpayer identification number: 94-329-15-16
TR:gpp I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\2003\12-09-03\SUB 8507 BO-15.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Fie(313-2363) Supervisors on the date shown.
Recording to be completed by COB
cc: Public Works- T.Bell,Construction
Current Planning,Community Development ATTESTED: DECEMBER 09, 2003
T—October 9,2004(P 1)
Windemere BLC Land Company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and
Brian Olin County Administrator
3130 Crow Canyon Pl.,#310
San Ramon,CA 94583
Travelers Casualty&Surety Company of America
Leigh McDonough By ,Deputy
9375 Sky Park Court,Suite 220
San Diego,CA 92123
RESOLUTION NO.2003/ 750
SUBJECT: Approve the Road Improvement Agreement for Windemere Phase II Creek Trail
RA 1147 (cross-reference Subdivision 8507), 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: Travelers Casualty& Surety Company of America
Bond Number and Date: 1041 25139 October 6, 2003
Performance Amount: $380,160.00
Labor&Materials Amount: $192,000.00
Principal: Windemere BLC Land Company, LLC
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION N0. 2003/750
ROAD IMPROVENI ENT AGREEMENT
Developer: Windemere BL C Land Company, LLC Effective Date:
Development: RA 1147(Cross Ref.SUB 8507 Completion Period: 1 year
WrNDEMERE BLC LAND COMPANY LLC,
Road: Windemere PhaseII Creek Trail
a California limited liability Company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By: LEN-OBS Windemere,LLC
A Delaware limited liability company
CONTRACOSTACOUNTY DEVELOPER Managing Member
By: Lennar Homes of California,Inc-)
Maurice M.Shiu,Public Works Director Managing Member
.......... mA
N
By: 6/ (signature)
(print name&title) Don Earkon,Vice President
RECOMMENDED FOR APPROVAL
By: (signature
EngineeriniSe ces Mision (print name&titlg6/Lynn Jock' Asst.Secretary
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 Codc S313.)
1. PARTIES&DATE. Effective on the above d'ate,the County of Contra Costa,California,hereinafter called and the above-mentioned Developer,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs, street lights, fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development 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).
Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof'in a good
workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the]Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: 3,840.00 cash,plus additional security,in the amount of$ 380,160.00
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Developer 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 paymerit: Security in the amount of$ 192.000-00 which is fifty percent(501/6)of the estimated cost of the work.
Such security is presented in thc form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
- Acceptable irrevocable letter of credit.
With this security. the Developer guarantees payment to the contractor, to his subcontractors,and to persons renting equipment or furnishing labor or
I l
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORD. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perfomi satisfactoilly (bra pci-R)d 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. Develt)per agrees to correct,repair, or replace,at his expense,any defects in said work.
The guarantce pet iod docs not apply to road improvements for private roads which are not to be accepted into the County road system
5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by
the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and
after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer shall make whatever changes are necessary to accomplish
the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or
materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor
shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. EMNITY: Developer 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 liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions
defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such
liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete, and including the
defense of any suit(s),action(s),or other proceeding(s) concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,contractor,subcontractor, or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
supplied,or approved any plan(s)or specification(s)in connection with this work, or has insurance or other indemnification covering any of these matters,or that
the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE S:If Developer 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 Developer 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.
Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to
pay all attorney's tees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
IL INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory
incorporated as a city or is annexed to aii existing city,the County's fights 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 Developer,who shall fulfill all the terms of this
agreement as though Developer had contracted with the city originally.
12. CONS lQ1__-,RAT1TN. Inconsideration hereof.-
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees,to accept the road(s) into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RI.Aw
\\I')WS4\S)JAIZI)A'I-A\(;t-i)l)ata\l-"iipSvc\Forms\AG WORMAG-24.doc
Rev.April 6,2000
a i
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of AL FOC-1mt OPTIONAL SECTION
County of f`���� ��.��l�
CAPACITY CLAIMED BY SIGNER
On lb GS before me, _ L• N6—%r) eo Though statute does not require the Notary to fill in
DAT NAME,TITLE OF OFFICER .G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
�— persons relying on the document.
personally appeared � c�(� LA1Z—<,,2N � L-%(�� J�-�
NAME(S)OF SIGNER(S) ❑ INDIVIDUAL
personally known tome-OR-0 ❑ CORPORATE OFFICERS)
be the person(s)whose name(s)4/are TITLE(S)
subscribed to the within instrument and
a nowledged to me that l�/they executed ❑ PARTNER(S) ❑ LIMITED
KAREN L. KEENAN e same in Wtheir authorized [IGENERAL
c acity(ies),and that by e�'/their ❑ ATTORNEY-IN-FACT
+.••;... �F
Commission # 1378827 s nature(s)on the instrument the person(s)or ❑ TRUSTEE(S)
Notary P,,.jblic - CallforniatlT entity upon behalf of which the person(s)
❑ GUARDIAN/CONSERVATOR
4, a ed,executed the instrument.
��--�- Con•; c� Costa County ❑ OTHER:
L.1 y " _
°9 ���'" My Comm..Expires Oct 7,200 --11
TRESS;myrhan ocial seal,
W WNW SIGNER IS REPRESENTING:
{NAME OF PERSON(S)OR ENTITY(IES))
SIGNATU 9F NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Siggning party must be either a general partner or be authorized in writing to have
the authorityto sign for and bind the artnershi .
g p p
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. aThe Chair of the Board
bi The President
c)Any Vice-President
GROUP 2. a The Secretary
b An Assistant Secretary
c The Chief Financial Officer
(d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
of...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:mw
G:\GrpData\EngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc
Rev.August 1,2001
<.VVI�I I J yr%,%A i I Rf1�.VJIH
t DEPOSIT PERMIT ;. ,.
* OFFICE OF COUNTY-AUDITOR-CONTROL R
s
tAAR
TINEZ,CALIFORNIA
TO THE TREASURER.
RECEIVED FROM
ORGANIZATION NUMBER
, t imtionl
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
16 v 36 0 0(,
$ I
V) 196
al
T, _.1 ell
Lruai c7-
7 S
I
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s t I I
U_Lt � � ! f ��' .R. � t � ��iJf/lJjjllf l"�I � '��'!,^,'r Jt`/;fir'^
Vim.+ 't..i! +� }�J
I IL"I I I I-A
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C. A-1Q9 Fier,
I
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f.f r t
EXPLANATION: - TOTAL $ {
(7,f"(71121 -� `- .' �c DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $ _
CHECKS,M.O.,ETC. $ i --'�`' 0 / kS`
BANK DEPOSITS $
_S ' ! f FOR AUDITOR-CONTROLLER USE ONLY
fY' x, r,� (sij f ff
_ DEPOSIT
PERMIT DP
NUMBER •
DATE 3390 OPT .a
_ f/ i i T.9"l.,'' ;-/f `„ /` --• 1 €•ir�Ls'..-..� ii-.1•' •6'i. t
ASSIGNED
c--J C., ~" l(y/iJf_._ / L Y FF i ! 4/.•,
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. acknowledged.
} �/� F f, r f.r_•- <.: �f -, `_•. 'rte` ,r _..�,��..+;� J/-%�
Sigrie`, Date `
u
J ^_ ,,Signed: -' Signed' \
Title ` \'� ' Deputy Count Auditor Deputy Count TreasurerEXT
D-34 REV.(7-93) f,, - _.
s
r
Cat UN I T Ur U.."1 KA WO 1A
�. DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR.-CONTROLLER y
TO THE TREASURER: '# MARTINEZ.CAUFORNIA
RECEIVED.FROM r
ORGANIZATION NUMBER
(For Cosh Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION - FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
�Sa q 50,p 7 C/ b 6 6 fV1, 0,mw I!Q C'y" /vas)o ?.66jl a,V .5EDojI C �i 6)06) loci
ov Fe
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Or __1� 40V �q
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&-3
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/ 6117(l 1
AWDI 7S�
EXPLANATION: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT r i
PERMIT [) ►
NUMBER
DATE
Y 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. acknowledged.
llj • �. J /(_jam.... --./j r %
J! sy fir/•('—}-_f t gyp. f�%••
Sign to
f `,
Signed:
Si ned: Signed.
FTitle Dep*County AuditorEXT.
Deputy County Tr
easurer
D-34 REV,( /*
COUNTY Of GONTKA.LQbTA
D;EPOW PERMIT r
QFFICE OF COUNTY AUDITOR CONTROLLER
A1IARMEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
�.+I 111" I I L I I L I I I I I I I I I I 1
I_2V
60
�A
I
I
I
I
I
- I
I
I
I
I
f
I
I
I
I
EXPLANATION: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $ i
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT (�
PERMIT DP
NUMBER i
DATE
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. _ r, acknowledged.
Signer <' . Date - r
1 Signed: ~� Signed:
Title: (r ''� -�w.. f EXT. . Deputy County Auditor Deputy County Treasurer
D-34 REV.(7-93) ff-
819800-0800: G11216151 $20,755.00, Sub 8571, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800-- G11216171 $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, $94460.00, Sub 8578, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800-- G11216201 $17,000.00, Sub 8579, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G11216561 $3,840,001 RA11471 Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G11216601 $13,600.001 PA0005, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 611216621 $20,700.001 RA11421 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'r $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
819800-08000 G11216691 $14500.00, Sub 8714, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G11216711 $1,100.00, Sub 8715, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583
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: 61121675, $5,900.00, Sub 8717, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583
0649-9665 / 831000: G11216131 $1,400,00., Cash Deposit for Flood Control
Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513
0649-9665 / 831000: G11216531 $400.00, RS 2836, Record of Survey
Deposit, Thomas 6ringrich, PO Box 504, Alamo, CA 94507
0649-9665 / 831000: G1121654, $500.00, RS 2837, Record of Survey
Deposit, Downrite Demolition & Excavation, 1407 Webster St. #2011
Oakland, CA 94612
0649-9665 / 831000: G11216551 $500.00, RS 283, Record of Survey
Deposit, Crenshaws 8.4 228 Calle Le Montana, Moraga, CA 94556
0649-9665 / 831000: G11216571 $20,0800.001 RA 1147, Road Acceptance
Inspection, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA
94583
0649-9665 / 831000: G11216581 $14,0280.00, X60028, Drainage Inspection
Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San
Ramon, CA 94583
0649-9665 831000: 61121659., $109,150.004, PA0005, Landscape
Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 611216611 $135,700.00,f RA1142, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310,
Son Ramon, CA 94583
0649-9665 8310000 G11216631 $8,,200.00, Sub 8712, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G11216651 $11,050.00, Sub 8713, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G11216671 $12,,600.00.. Sub 8714, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 6112167000 $9,100.00, Sub 87151 Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon,, CA 94583
0649-9665 / 831000: G11216721 $18,,500.00, Sub 8716, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
Son Ramon, CA 94583
0649-9665 / 831000: G11216741 $47,680.00, Sub 8717, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
821400-0800: G11215031 $64,248.00, SCC Sub Reg, Toll Brothers Inc.
California Division North., 100 Park Place, Suite 140, San Ramon, CA 94583
821500-0800: G11215031 $23,628.001 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
1041 25139
Bond No.:
Development: &A 1147(CToss Ref. SUE 85071
Premium: $2,661.00
IMMOVEMENT SECUIUTY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance,Guarantee,and Payment)
(California Government Code §§ 66499 -66499.10)
W
L RECITAL OF ROAD IMPROV EMENT AGREEMENT: The Developer 91fincipal) executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on,or along RA U 47 M complete said work within the time specified for completion
in the Road Improvement Agreement,all in accordance With State and local laws and rulings.
-I
2. OBLIGATION; Windemere L11,C and Cam an L.L.C. as�q
Travelers Casualty and Sure ompany of America, a corporation organized under the laws of the State
of Connecticut authorized to transact surety business in Califon!da.0 as Surety,Eby jointly and
1
severally bind ourselves,our heirs,executors, W*&rmmrs,successors and assigns to The County of Centra
Cosa,California to pay as follows:
A. Performance.-, Three JjMBred]Eighousad One Hdyed Six y and 00/100 Dollars
380,160.00 for itself or any city assignee under the above County Road
Improvement Agreement,plus
so Payment: One Hundred MR=lwo Thousand and 00/100 Dollars
(S., - 1 192,000-00 ___)to secure the claims to which reference is made in Title 15 §§et seq.
of the Civil Code of the State of California.
3. CONDITION;
At The Condition of this obligation as to Suction(2.A.)above is such that if the above bonded Principal,
or principal's heirs,executors,administrators,successors or assigns,sW 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 it or its pan, to be kept and
performed at the time and in the manner therein specified and M' all respects according to their wx
intent and meaning and shall indenuu'fy and save harmless the County of Contra Costa or city
assignee,its Offi=S,4BCUtS mW employees,as therein stipulated,then this obligation shall become
null and void;otherwise it shall be and remain in full force and effect.
r
As part of the obligation secured hereby and in addition to the face amount specified Therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee,in successfully enforcing such obligation, all to be
taxed as costs and included in any judgementTendered.
I3. The condition of this obligation, as to Section (23.) above, is such that said Principal and the
undersigned as co rate 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 do in the aforesaid Civil Code,for maurials furnished,labor
of any kind,or for amounts due tinder the Unemployment Insurance Act with respect to such work
or labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorneys fees,incurred
by The County of Contra Costa or city assignee, in successfully enforcing such obligation, to be
awarded and fixed by the court,all to be taxed as costs and to be included in the j udgernent 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 c under Tule 15(commenc*Ing with Section
3082 of Par'[4 of Division 3) of the Civil Code of the Swe of California, so as to give a right of
action to ahem or their assigns in any suit brought upon this bond_
Should the work under the conditions 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 Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent
is hereby given to make such alteration without further notice to or consent by the 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.
4. SIGNED ANIS SEALED:
The undersigned executed this document on
Th October 6, 2003
g —
WINDEMERE BLC LAND COMPANY, LLC
8 Lennar Homes of California, Inc. TRAVELERS CASUALTY A10 S�lR�i`'�'
Y
,its manager COMPANY OF AMERICA
PRINCIPAL: SURE'T'Y.
Address; 24800 Chri santa Drive Address: 9325 Sky Park Court Suite 220
City: Mission Viejo, 2691 City: San Diego, CA 92123
By: Ry:
Lawrence H. Thom s Leigh McDonough
Print Name. p Print N acne
Th1c: Vi c e President TiTle: Attorney-in-Fact
RJw
0 rGrpDmts%SvcTacm&%N WORWN-9.4ac
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On October 7. 2003 before me, Gordon J. Peterson, personally
appeared Lawrence H. Thompson, 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.
left -1
Witness my ha and official seal. GORDON J.PETERSON
< ► Commission#1335380
Z Notary Public-Califomia z
.............
Orange county
P-#Y COMM E>T)ir"Dpw,-17 2�
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
IIS
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 1041 25139
Number of Pages: Two (2)
Date of Document: October 6, 2003
Signers (other than those named above): Leigh McDonough
CALIFORNIA ALL-PURPOSE P 4OWLEDGMENT No.5907
State of California
County of Orange
On before me, Rhonda C.Abel,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Leigh McDonough
NAME(S)OF SIGNER(S)
personally known to me-OR- F-1 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.
Ir
T_ RHONDA C.ABEL
o COMM.# 1312777
aA
NOTARY PUBLIC-CALIFORNIA 0 SIGNATURE OF NOTARY
ORANGE COUNTY 0
COMM.EXP.AUG.9,2005-A
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
E] INDIVIDUAL
F] CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
�] TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
E] OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-718
• TRAVELT CASUALTY AND SURETY COMPANY OF "'RICA
11%....ELERS CASUALTY AND SURETY COWAN
FARMWGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
N
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, Patricia H. Brebner, Alexis H. Bryan, Leigh McDonough, of Irvine, California,
their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any
place within the United 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 Attorneys)-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 C 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 sip 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,recogru%nce,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 filed 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 CirrYuun,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 future with respect to any bond or
undertaking to which it is attached.
(11-00 Standard)
travelers w
Sam
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.
Under 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.
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.
CONTRA COSTA Co Re
corder Office
STEPHEN L. WEIR Clerk=Recorder
Recorded at the request of: DOC. 200 —0597801-00
Contra Costa County Wednesday, DEC 10, 2003 11:49:43
Board of Supervisors FRE $0.04)
Return to:
Public Works Department Tt I Pd $0,00 Nbr'@00 1898272
Engineering Services Division Irc/RS/1-2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 9, 20031) by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DSAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 751
SUBJECT: Accepting completion of private improvements (Stonecastle Drive, Stonecastle
Court, Collie Craig Court and Chaney Road) Subdivision 7154, Alamo area
(District III)
The Public Works Director has notified this Board that the private improvements Subdivision
7154 (Stonecastle Drive, Stonecastle Court, Collie Craig Court and Chaney Road) have been
completed as provided in the Subdivision Agreement with Suncrest Homes Number Four, LLC,
heretofore approved by this Board in conjunction with the filing of the Subdivision Map.
NOW THEREFORE BE IT RESOLVED that the public improvements have been
COMPLETED as of December 9.2003,thereby establishing the six-month terminal period for the
filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
November 4, 1997 Redland(Platt River) Insurance Company
JD:gpp
G:\GrpData\EngSvc\BO12003\12-09-03\SUB 7154 BO-45(SD).doc I hereby certify that this is a true and correct copy of an action
Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors on
Contact: J.Dowling(313-2358) the date shown.
Recording to be completed by COB
cc: Public Works -Tax I.D.91-1777423,Accounting
-T.Bell,Construction Div. ATTESTED: DECEMBER 09, 2003
-M.Valdez,M&T Lab JOHN SWEETEN Clerk of the Board of Supervisors and
-H.Finch,Maintenance Div.
-1.Bergeron,Mapping Div. County Administrator
-T.—December 9,2004
Sheriff-Patrol Div.Commander
CHP,c/o Al
CSAA—Cartog By Deputy
Suncrest Homes Number Four,LLC
300"H"Street,Suite D
Antioch,CA 94509
Platt River Insurance Company
Attn:Mr.Warren McCarty
350 Sansom Street,Suite 1000
San Francisco,CA 94104-1315
RESOLUTION NO.2003/ 751
SUBJECT: Accepting completion of private improvements (Stonecastle Drive, Stonecastle
Court, Collie Craig Court and Chaney Road) Subdivision 7154, Alamo area
(District III)
DATE: December 9, 2003
PAGE: 2
BE IT FURTHER RESOLVED the payment(labor and materials) surety for$440,150.00,
Bond No.RED 1043245 issued by the above surety be RETAINED►for the six month lien guarantee
period until June 9, 2004, at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that the private improvements have been COMPLETED
and the roads are NOT ACCEPTED NOR DECLARED as County roads at this time.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Public
Works Director is AUTHORIZED to refund the$8,800.00 cash security for performance(Auditor's
Deposit Permit No. 303446, dated October 23, 1997,plus interest in accordance with Government
Code Section 53079, if appropriate, to Suncrest Homes Number Four, LLC, pursuant to the
requirements of the Ordinance Code.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Surety
(Performance)Bond is EXONERATED.
RESOLUTION NO, 2003/751
1�
CONTRA COSTA Co Recorder Office
Recorded at the request of:
STEPHEN L, WEIR, Clerk=Recorder DOC�Contra Costa County 2003�0597802�00
Board of Supervisors Wednesday, DEC 10, 2003 11:49:52
Return to: FRE $0.00
Public Works Department
Engineering Services Division Tt 1 Pd $0,00 Nbr=0061898274
lrc/R3/1-2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 9, 2003, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 752
SUBJECT: Accepting completion of public Right-of-Way landscape improvements (Parcels A
and B) and private Right-of-Way landscape improvements (pedestrian bridge and
interior subdivision pedestrian pathways)Subdivision 7154,Alamo area (District Ill)
The Public Works Director has notified this Board that the public right-of-way landscape
improvements (Parcels A and B) and private Right-of-Way landscape improvements (pedestrian
bridge, and interior subdivision pedestrian pathways) Subdivision 7154 have been completed as
provided in the Subdivision Agreement with Suncrest Homes Number Four, LLC, heretofore
approved by this Board in conjunction with the filing of the Subdivision Map.
NOW THEREFORE BE IT RESOLVED that the public improvements have been
COMPLETED and will be maintained by the Homeowners Association as stated in the Joint Use
Agreement (Recitals, paragraphs F & G) between the County Flood Control District and the
Homeowners Association, as of December 9, 2003, thereby establishing the six-month terminal
period for the filing of liens in case of action under said Subdivision Agreement:
DATE OF AGREEMENT NAME OF BANK/SURETY
November 4, 1997 Redland(Platt River) Insurance Company
JD:gpp
G:\GrpData\EngSvc\BO\2003\12-09-03\SUB 7154 BO-45(ROWL).doc
Originator: Public Works(ES)
Contact: J.Dowling(313-2358) I hereby certify that this is a true and correct copy of an action
Recording to be completed by COB taken and entered on the minutes of the Board of Supervisors on
cc: Public Works -Tax I.D.91-1777423,Accounting
-T.Bell,Construction Div. the date shown.
-M.Valdez,M&T Lab
-H.Finch,Maintenance Div. ATTESTED: DECEMBER 09, 2003
-I.Bergeron,Mapping Div. JOHN SWEETEN Clerk of the Bo
-T.—December 9,2004 and of Supervisors and
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o AI
CSAR—Cartog
Suncrest Homes Number Four,LLC
300"H"Street,Suite D,Antioch,CA 94509 By ,Deputy
Platt River Insurance Company Attn:Mr.Warren McCarty
350 Sansom Street,Suite 1000,San Francisco,CA 94104-1315
RESOLUTION NO.2003/752
SUBJECT: Accepting completion of Right-of-Way Landscape improvements(Parcels A and B,
pedestrian bridge, and interior subdivision pedestrian pathways) Subdivision 7154,
Alamo area (District III)
DATE: December 9, 2003
PAGE: 2
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $47,740.31,
Bond No.RED 1043246 issued by the above surety be RETAINED for the six month lien guarantee
period until June 9, 2004, at which time the Clerk of the Board is AUTHORIZED to release the
surety less the amount of any claims on file.
BE IT FURTHER RESOLVED that there is no warranty period required, and the Surety
(Performance)Bond is EXONERATED.
BE IT FURTHER RESOLVED that the private improvements have been COMPLETED
and the improvements (pedestrian bridge and interior subdivision pedestrian pathways) are NOT
ACCEPTED NOR DECLARED as County improvements at this time.
RESOLUTION N0. 2003/752
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 9, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA GREENBERG GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 753
SUBJECT: Approve the Second Extension of the Subdivision Agreement for Subdivison 8405,
Alamo area. (District ED
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Subdivision Agreement between Alamo Highlands, a
California Limited Liability Company and the County for construction of certain improvements in
Subdivision 8405, in the Alamo area, through November 6, 2004;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95%
♦ ANTICIPATED DATE OF COMPLETION: January 6, 2004
♦ REASON FOR EXTENSION: To complete guardrail installantion and roadway signage.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
JD:ml
G:\GrpData\EngSvc\BO\2003\12-09-03\SD 8405 BO-11.doc I hereby certify that this is a true and correct copy of an action taken
Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date
Contact: Rich Lierly(313-2348) shown.
cc: Public Works—T.Bell,Construction
Current Planning,Community Development ATTESTED: DECEMBER 09, 2003
T—September 6,2004
Alamo Highlands,a California Limited Liablilty Company JOHN SWEETEN, Clerk of the Board of Supervisors and County
3201 Danville Boulevard,Ste 170 Administrator
Alamo,CA 94507
Developers Surety and Indemnity Co.
3100 Oak Road,Suite 260
Walnut Creek,CA 94596
By 4 , Deputy
RESOLUTION NO.2003/ 753
a
CONTRA COSTA COUNTY
SUBDIVISION AGREEMENT EXTENSION
r
s
.Development Number: Subdivision 8405
Developer: Alamo Highlands,LLC
Original Agreement Date: November 6,2001
Second Extension New Termination Date: November 6, 20041 � �---
{
Improvement Security
Y
Surety: Developers Surety and Indemnity Co
Bond No. (Date): 866989S(August 13,2001)
Security Tyne Securitv Amount
Cash: $9,000.00 (1% cash,$1,000 Min.)
Bond: $890,900.00 (Performance)
$449,950.00(Labor&Material)
T f.e Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
4
and said Surety hereby agree thereto and acknowledge same.
Dated: Dated: 10-27-2003
FQR CONTRA COSTA COUNTY B .�..�
NV0uriee M. Shiu,Public Works Dir tar Developer's Signature(s)
;�..� '�„�,, Peter W. Branagh, Managing Prtnr
Printed
402 Railroad Avenue, Suite 201
Danville, CA 94526
PC":Co PROVAL: Address
Developers Surety and Indemnity Company
ngineering Services Division) Surety or Financial Institution
3100 Oak Road, Suite 260
Walnut Creek, CA 94596
Address
(A,gTE: Developer's, Surety's and Financial By: 1
Ins'titution's Signatures must be Notarized.) Attom In Facts Signature
POW"1''q10v'�:VicWT,,WS;UWU cony coUSd Elisa D e C r i s t o
Printed
Aj$:•r Apgroval&Lt rn ncc Board
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
P-21 P-PIP PR Pi;:_2 P-P a PIP
State of CALIFORNIA
County of CONTRA OSTA
On 10-27-2003 before me, M. A. Atwater, Notary Public
DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC'
personally appeared Elisa DeCristo
NAME(S)OF SIGNER(S)
Lpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged 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 i9strument*
P, E R
t . A. ATIN 'J
WITNESS my hand and official seal.
Comi
rnission# 12S6926
ic-Comor,
Notary Pubil
r. Contra Costf-
o u n fy
SIGNATURE OF NOTARY
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 DOCUMEWT
El INDIVIDUAL
El CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
F] PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRU*STEE(S)
GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTrTY(IES)
Developers Surety and Indemnity SIGNER(S)OTHER THAN NAMED ABOVE
Company
01993 NATIONAL NOTARY ASSOCIATION*8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 9(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,,hereby make,constitute and appoint:
***Frank R. Olsson, Gordon J. Fischer, Dennis J. Woodard, Elisa DeCristo, jointly or severally***
as their true and lawful Attorneys)-in-Fact,to make,,execute,,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;
and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,
., DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presen e sig by ive Executive Vice President and attested by their respective Secretary this I'day of October,2003.
1111 1JIll.41
i AND
By: "%v**504& ANY
David 4*1 Rhodes,Executive Vice President 4�._* 0 0 0�kpo
V
%
co •'""
OCT.5 -n
SEAL -
So C I C.) M 1967 0
1936 S
By:
Secretary /Ow N '4 41
Walter A.Crowell,, Fo
STATE OF CALIFORNIA
)ss.
COUNTY OF ORANGE
On October 1.2003,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the
basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
OR
WITNESS my hand and official seal. MWJ.KMATA
060M.s.1$ 46
347 2
Navy pwk•C&qbfta 5 ORM".00offy
3t I
Signature Myr: JAK-84M
CERTIFICATE
The undersigned, as Senior Vice-President,Underwriting,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF
CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore,that the provisions of the
resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
11-
This Certificate is executed in the City of Irvine,California,the 7th day of October 2003
By:
Wesley W.Cowlinganior Vice-President,Underwriting
ID-1380(10/03)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Calif o r n i a OPTIONAL
SECTION
County of Contra Costa CAPACITY CLAIMED BY SIGNER
On 1 0/2 8/0 3 before me Treva Harmon, Notary Public
31 Though statute does not require the Notary to fill
DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable
personally appeared
Peter W. Branagh to persons relying on the document.
NAMES)OF SIGNERS) ❑ ❑ INDIVIDUAL
❑f f personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S)
be the personal whose name)is/4Csubscribed TITLE(S)
to the within instrument and acknowledged to
me that he/sem/t ea executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED
TREVA HARMON his/br/tbOrauthorized capacityW,and that by ❑ ❑ GENERAL
Commiasion# 1445859 his/ tai'signatures on the instrument the ❑ ❑ ATTORNEY-IN-FACT
NO�y Pub4c w Callomiv personfo)or the entity upon behalf of which the El TRUSTEE(S)
Z Corft C xtaC person acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR
❑ X] OTHER: ' ��
My COMM.Ex`*66 CW 17,2007 ITNES S my hand and official seal, a n a a 1 ri a M b r LL
SIGNER IS REPRESENTING:
S NATURE OF NOTARY {NAME OF PERSON(S)OR ENTITY(IES))
❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION Extension
THIS CERTIFICATE MUST BE ATTACHEDTitle or Type of Document Subdivision Agreement
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document October 6, 2003
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
(b)The President
(c)Any Vice-President
GROUP 2. (a)The Secretary
(b)An Assistant Secretary
(c)The Chief Financial Officer
(d)The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
11...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."