HomeMy WebLinkAboutMINUTES - 12092003 - C27 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 DESAUT-NIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 760
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Sub 8713, San
Ramon(Dougherty Valley) area. (District 1111)
The following document was presented for Board approval this date for, Sub 8713
located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land
Company, LLC, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right of Way Landscaping) within one year from the
date of said agreement. ]Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $1,320.00
Deposit made by: Windemere BLC Land Company, 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\SUB 8713 BO-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
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 I)
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
Safeco Insurance Company of America
Patricia H.Brebner By Deputy
330 North Brand Blvd.,Suite#1000
Glendale,CA 91203
RESOLUTION NO.2003/ 760
SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for Sub 8713,
San Ramon (Dougherty Valley) area. (District III)
DATE: December 9, 2003
PAGE: 2
11. Surety Bond
Bond Company: Safeco Insurance Company of America
Bond Number and Date: 6231668 September 25, 2003
Performance Amount: $130,480.00
Labor&Materials Amount: $65,,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. 2003/760
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: SUB 8713 Effective Date:
Subdivider: Windemere BLC Land Company, L.L.C. Completion Period: I year
WINDEMERE BLC LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a California limited liability Company
By:LEN-OBS Windemere,LLC
CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company
Managing Member
By:Lennar Homes of California,Inc.,
Maurice M. Shiu, Public Works Direc r
Managing Member
By: LA� (signature) Of Aa
-ti e -
(print name& tl off
rLarson,Vice President
RECOMMENDED FOR APPROVAL:
_cz
(sign ;;-, -"I"
By: (print name title) Ly Jochim,Asst.Secretary
Engineering Services Di is n'r'
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"Conn tv,of 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: $ 1,320.00 cash, plus additional security, in the amount
of 1303480.00 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$ 65,900.00 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.
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 from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. oubdivider agrees to perform establishment wo.- gor 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 causino liabilitv 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 Wilful misconduct
of any Indemnity.
E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the
Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any
and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable
law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000,
by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost loss,liability,damage or other expense arising
out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County
or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement.
2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the
County or District or any other person;provided,however,that BLC shall not be required to indemnify, protect, defend or hold County or District
harmless to the extent any claims,losses, liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or
District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The
obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance
of improvements by County or District.
9. COSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-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.
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GAGrpData\EngSvc\Forms%G WORMAG-30A-doc
Rev.May 18,2001
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
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County of
On CE?TE�-I
Date before me, Name and Title of Officer(e.g., Jan Doe,Notary Public")
personally appeared
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WITNESS hand 2�a official al.
Signature of Notary ublic
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*e
El Corporate Officer—Title(s):
El Partner—El Limited El General
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1:1 Guardian or Conservator
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Signer Is Representing:
0 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-Fre 1-800-876-6827
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: DEPOSIT PERMIT :.- .,.
OFFICE OF COUNTY'AUDITOR-CONTROL(R -
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1��TINEZ,CALIFORNIA THE TREASURER. ,-
RECEIVED FROM
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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RECEIVED.FROM
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DEPOSIT
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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 r Date
Signed. a:{_ ' ,=`'j Signed:
Title' 'f EXT. `-. :�`` 1, � Deputy County Auditor Deputy County Treasurer
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D-34 REV. 793
CCTV UP CONTRA.CO.
DEPOSIT`PERMIT
OFFICE OF COUNTY*AUDITORWC_ONTROLLERrg
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MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB'ACCT. TASK OPTION ACTIVITY AMOUNT
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BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
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 Coupty Treasury. , acknowledged.
Signe
( i. �- !; ,. ,, Date
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Title 7�"'"'�` t ._f � EXT. .`' '
Deputy County Auditor Deputy County Treasurer
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D-34 REV.r7-93
819800-0800: G1121615, $20,75 5.00, 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: 61121618, $42,480.00, Sub 8577, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: 61121619, $9,4b0.00, Sub 8578, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121620, $17,000.00, Sub 8579, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G11216561 $3,840.00, RA11471 Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 611216601 $13,600.00, PA0005, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 611216621 $2Q,700.00, RA1142, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121664; $.1,000.00, Sub 8712, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, Sun 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. 61121669, $1,500.00, Sub 8714, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon P) #310, San Ramon, CA 94583
819800-080011 61121671, $11,100.00, Sub 8715, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G11216731 $21250.00, Sub 8716, Cash Performance Bond.,
Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583
819800-0800: 61121675, $5,.900.00, Sub 8717, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000-- 61121613, $1,400.00, Cash Deposit for Flood Control
Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513
0649-9665 / 8310000 611216531 $400.00., RS 2836, Record of Survey
Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507
0649-9665 / 831000: 61121654, $500.00, R5 2837, Record of Survey
Deposit, Downrite Demolition & Excavation, 1407 Webster St. #2011
Oakland, CA 94612
0649-9665 / 831000: 611216551 $500.00., R5 283, Record of Survey
Deposit, Crenshaws'. 228 Calle Le Montana, Moraga, CA 94556
0649-9665 / 831000: 611216571 $20,r800.001 RA 1147, Road Acceptance
Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000-- 611216581 $14,280.00,'D00028, Drainage Inspection
Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San
Ramon, CA 94583
0649-9665 831000: 611216591 $10910,150.001 PA0005, Landscape
Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000-- 61121661/ $135,700.001 RA1142, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 831000: 611216631 $8,200.00, Sub 8712, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310,
San Ramon, CA 94583
0649-9665 / 831000-- 611216651 $11 ,050.00, Sub 8713, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
Son Ramon, CA 94583
0649-9665 831000: 611216671 $12,600.00, Sub 8714, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
Son Ramon, CA 94583
0649-9665 / 831000: 611216701 $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: 611216741 $47,680.00, Sub 87174, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310,
Son Ramon,, CA 94583
821400-0800: 611215031 $64,248.0Q1 SCC Sub Reg, Toll Brothers Inc.
California Division North, 100 Park Place., Suite 140, San Ramon, CA 94583
821500-0800: 611215031 $23,8628.001 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
Subdivisiou: SUB 8713
Bond No.: 6231!kU------
Premium: $913000
LWROVEMENT SECURITY SOND
FOR PUBLiC RIGHT OF WAY LANASCAPF AGUEMENT
(Performance,Guarantee, and Payment)
(California Government Code Sections 66462- and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT; The Principal has exect4wd an agreement with the County to install
andpay for public right of way landscaping, and other related improvements in Subdivision 8713 as
specifiedm' 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
TJ
.c StaTe and local laws and rulings thereunder in order to satisfy conditions for filing of TJ'c final MuP Or
Parcel Map for said Subdivision.
2. OBLIGATION: W mere BLC Land Company,L-L-C. as ft-xipal,and
. Safeco Insurance Com pany. of America a corporation orgmzed existing under ft laws
of the State of Washington =d authorized to uwsact surery business in
W and California, as Surety, hereby ,jointly .. severally bind ourselves, out heirs, executors, administrators,
,successors,and assigns to the County of Contra Costa, California to pay it:
0/100
Four A. Perfonuance 4nd Guarantee- tine Hundred Thi M Thousand tour Hundred Ei-ghly an.4
Dollars 130, 80.00 for itself or any city assignee under the above County
Subdivision Agreement,plus
H. Payment: Sixty'Fiv Thousand Nine Mundrecl=-d 00/100 Dollars
(S 6 ,9(10-00 ) to secure the claims to which reference is made in Title XV
(co w' Section 3092) of Pan 4 of Division III of the Civil Code of the State of
(commencing with
California,
3. CONDITION:
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 assips, shall in all things stand
to and abide by,and well and umly keep and perforin the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed at The time and in the manner therein specified,4ndin all respects according to Their True
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void;otherwise it shall be and remain in full force and effect.
Ai W of ft obligation secured hereby and in addition to t1w fwe amount specified therefore,There
shall be included costs and reasonable expenses and fees, including reasonable norne)es fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and 'Included M' any judgement rendered.
B. The condition of this obligation as to Section 2.(13) above is such that said Principal and the
undersigned as corporate surery 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 the aforesaid Civil Code for materials Runished 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.Counry(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court,and to be mxed 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,comes and corporations entitled w file claims under Title 15(commencing with Section
3080 of Part 4 of Division 3 of the Civil Code,so as To give a right of action to them or Their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the Principal and The County shall relieve any Surety from liability on this bond; and consent is
Hereby given to make such alteration without funher 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 aciion against Principal whenever taken.
SIGNED AND SEALED on SeRtember 2542003
WINDEMERE BLC LAND COMPANY, LLC
BY: Lennar- domes. of California, Inc.
PRINCIPAkL- its manager
SURETY,, SAFECO INSURANCE COMPANY OE-AMERICA
Address: 24800 Chrisanta Drive Address: 330 North Brand Blvd. Suite 1000
City;Miss i Vie '9,r CAZ-Ip 92691 City: Glenda e) CA ip: 91203
BY:
powar— - By':
Print Name; David Evans Print Name: Patricia H. Brebn6r
Vice President Title: Attorne -in-Fact
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itcv Jum 17.19W
CALIFORNIA ALL-PURPOSE A+ I'OWLEDGMENT No.5907
State of California
County of Orange
On September 25, 2003 —before me, Leigh McDonough,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(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.
LEIGH MCDUNO�6GH
H
7AI
commission#1328674
Notary Public-cavornia
Orange county
F-pires Nov 61 20NO)5 WITNESS my hand and official seal.
!OW
SIGNATURt OF NO RY
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
F1 INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLES)
❑ PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
M TRUSTEE(S)
❑ 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-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
POWER SAFECO INSURANCE COMPANY OF AMERICA
S AF EOr GENERAL INSURANCE COMPANY OF AMERICA
F21 OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. 9675
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint
**********RHONDA C.ABEL;JERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT;JANE KEPNER;STANLEY C.LYNN;NANETTE MARIELLA-MYERS;
MIKE PARIZINO;JAMES A.SCHALLER;ALEXIS BRYAN;LEIGH MCDONOUGH;Costa Mesa,
its true and lawful aftomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 10th day of January 2002
R.A.PIERSON,SECRETARY MIKE MPGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V.Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and
(III) Certifying that said power-of-aftomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
1,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney Issued pursuant thereto,are true and
correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this 25th day of September 2003 .
SEALV"
SEAL
X
,195S lot%
of R.A.PIERSON,SECRETARY
S-0974/SAEF 2/01 6)A registered trademark of SAFECO Corporation
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