HomeMy WebLinkAboutMINUTES - 11302004 - C.23 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: November 30, 2004
SUBJECT: Approval of Road Improvement Agreement for RA 02-01137. -
SPECIFIC REQUFST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 014 for RA 02-01137 (cross-reference Subdivision 8509), approval of Road
Improvement Agreement for East Branch Parkway at the Middle School,being developed by Windemere BLC Land
Company, L.L.C., San Ramon (Dougherty Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
RA 02-01137 has been reviewed and processed by Public Works Staff and meets all applicable conditions of
approval regarding road improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be approved and road improvements will not be complete.
f
Continued on Attachment:— SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
r
SIGNATURE(S)—
ACTION OF BA,#DON ZUU4 APPROVED AS RECOMMENDED xx OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
VOTE OF SUPERVISORS date shown.
xx UNANIMOUS(ABSENT NONE
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED: NOVOCER 30, 2004
JOHN SWEETEN, Clerk of the Board of
G:',.GrpData\EngSvc\B0\2004\l 1-30-04\RA 02-01137 Order.doc
Orig.Div: Public Works(ES) Supervisors and County Administrator
Contact: Teri R;'(313-2363)
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T—September 30,2005(P 1)
Windemere BLC Land Company,L.L.C.
3130 Crow Canyon Place,#310 B 1 Deputy
Sar Ramon,CA 94583 y _
Attn:Brian OGn
Arch Insurance Company
135 N.Los Robles Ave.,#825
Pasadena,CA 91101
Attn:Patricia H.Brcbner
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/014
SUBJECT: Approval of Road Improvement Agreement for Fast Branch Parkway at the Middle
School, RA 02-01137 (cross-reference Subdivision 8509), being developed by
Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area.
(District III)
The following document was presented for Board approval for East Branch Parkway at the
Middle School, road acceptance file RA 02-01137 (cross-reference Subdivision 8509) property
located in the San Ramon (Dougherty Valley) area, Supervisorial District III.
A Road Improvement Agreement with Windemere BLC Land Company,L.L.C.,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 road
improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows.
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
CoOriginator.-
act: Teri r2ie{313-2363}r: Public Works{ES} on the date Shown.
G:\GrpData\EngSvc\BO\2004\11-30-04\.R.q 02-01137 BO-15.doe
1 T: t ATTESTED: NOVEMBER 30, 2004
cc: Public Works- 'F.Bell,Construction
Current Planning, 0 (Pl) � the Board of Supervisors
ty 17eve1opment
205
T—September 30,2t>OJOHN SWEETEN Clerk of and
Windemere BLC Laird Company,L.L.C. County Administrator
3130 Craw Canyon Place,#310
San Rarnon,CA 94583
Attrt:Brian Olin
Arca insurance Company
135 N.Los Robles Ave.,#825
Pasadena,CA 91101 By ,Deputy
Atm:Patricia H.Brebner
RESOLUTION NO.2004/ 614
SUBJECT: Approval of Road Improvement Agreement for East Branch Parkway at the
Middle School, RA 02-61137 (cross-reference Subdivision 8509), being
developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty
Valley) area. (District III)
DATE: November 30, 2004
PAGE: 2
1. Cash Bond
Performance Amount: $16,100.00
Auditor's Deposit Permit No. DP 426052 Date: June 10, 2004
Submitted by: Windemere BLC Land Company, L.L.C.
Taxpayer identification number: 94-329-15-16
11, Surety Bond
Bond Company: Arch Insurance Company
Bond Number and.Date: SU5007921 May 21, 2004
Performance Amount: $1,589,900.00
Labor&Materials Amount: $803,000.00
Principal: Windemere BLC Land Company, L.L.C.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/614
1K,OAD tmPR "_1:341 NT AGRPEME
p�
Developer: Wind mere BLC Land CompmL L.L. Effective Bate:
Development: RA 1137(Cross Rd.SUB$509) Completion Period: I year
Road: ast Branc n Parkw V,'INDEMERE BLC LAND COMPANY LLC,
a California limited liability Company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC
A Delaware limited liability company
CONTRA COSTA COUNTY Managing Member
Maurice M.Shia,Public Works Director By:Lennar Homes of California,Inc.,
Managing Member
By: C, W (signature) P. fl 1 _
(print name&tide) on Larso President
RECOMMENDED FOR APPROVAL
By: (signature)
Engineet'ing,Se ice I' i n (print name 8r title)Darleen Carpente Asst.Secretary
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged. IfSubdivider is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations Code S313.)
l. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup ,"and the above-mentioned veto er,
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 SE t3� RITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. PorPerformance and Guarantee: 16.1 Q0.00 cash,plus additional security,in the amount of$ 1.589.900.00
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 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 Paymetlt: Security in the amount of$ 803.000.00which 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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing Iabor or
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 S94-4.4178 of the Ordinance Code.
4. GUARANTEE AND WARRANJY OF WORK. Developer 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 46-4.6,"Acceptance,"
of the Ordinance Code. Developer 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. 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 PIAN 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. INDEMNITY: 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 proceedings)concerning said liabilities and claims.
C. The actions causing liability are any actor 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-Condi 'ons: 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 AND COSTS: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 fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
it. INCORPORATIONIA?FNEXATION. 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 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 Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration 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
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Rev.Apni 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
44 ; M1
State of California
41 County of
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I MILK T
Data Name and Title of Officer(e.g.,'Jacor"Joe,Notary Public")
personalty appeared !.
Name( o Slgnar(s) n
[ personally known to me
Ll proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)--Ware
KAREN L. KEENAN
;mss Cornmissio ) 131827
subscribed to the within instrument and
r a •f acknowledged to me that.Ilae/they executed
Jr 'Notary , ubliC Ca 5 am c ',
Contra Costa County the same in /their authorized
5 y Gomm.[-XjresCct'7 ECS' capacity(ies), and that by f is, arltheir
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the entity upon behalf of which the person(s)
? acted, executed the instrument.
WITNE$8'my handed o oal sea#.
F
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OPTIONAL
Though the information,below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent remo�vai and reattachment of this form to another document.
s"
Description of Attached Document
Title or Type of Document:
Document Date:- Number of Pages:^-
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
D Individual Top of thumb here
C Corporate Officer—Title(s):
a l7 Partner--i J Limited ❑General
❑ Attorney-in-Fact
Trustee y
Guardian or Conservator i
❑ Other:
Signer Is Representing>.
�li,1999 National Notary Association-9350 Ce Soto Ave.,P.O.Box 2402•Chatsworth,CA 9134.3-2402-www.ntionalnotary.org Prod.No.5907 Reorder:Call Toli-Free 1-800-876-6827
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DEPOSf'C PERMIT �
OFFICE OF COUNTY AUDITOR-CONTROL
TCS"fNE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
{ y ORGANIZATION NUMBER
(For Cash Collection Pmcedures arse County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. A� TASK TION ACTIVITY AMOUNT
1-
4(�110 77,1
LAt T a ,,,jj'jjj//'�L 6, ! j
c1 .1)67,SS 9klf �
} — ! )
C
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.-LI-I I I ILI A -I I I I I I I I I
!
4/1•,x, (1 9
EXPLANATION t TOTAL $ !
P, f t., / r�'1{ DEPOSIT !_
.
1 ! Deposit consists of the follow items _
— ice'{ t� ri C r��" (7 t�1j 11,7 e,
Gt31N and CURRENCYA. $.,,� a
U_ O / ✓w f �.r''{I t CHECKS.METC,. k1 7'-7
BANK DEPOSITS E
f FOR AWTOR-CONTROLLER USE Ot-4 Y
l f DEPOSIT
PERMIT DP
NUMBER 426W1 """
DATE 1
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is appraved. Receipt of above amount is hereby
depasit into the County Treasury, ackno-ledged r,
i ,Ak
/L(
fi I 1 Sid {
i v l
t € b EXT ' :3t Deputy County Auditor
t Deputy County Treasurer
0-34 REV,(7-932 f;' 70 lofts�O�f
4.van�t: Vs ti.v,rIn^ti..+.r.a�rt
DEPOSIT PERMIT
OFFICE OF COUNTY,AUDITOR-CONTROLLER _
MARTI kEZ,CALIFORNIA
TC11`HE TREASURER:
RECEIVED FROM
ORGAt AZATiON NUMBER
ISI
(For Cash Collection Procedures see County Administrator's Bullefin 105.)
DESCRIPTION FUND/ORG ACCT TASK OPTION ACTIVITY AMOUNT
`' �"r�'• ', f -/,TLi
I
/y
t
1 ,/�
/ j A Lf 7 f 7
1
Iql
< , 'r f �/
1
W66 IR 6
EXPLANATION: TOTAL $ 1
DEPOSIT i
Deposit consists of the following items
COIN and CURRENCY $
CHECKS.M.Q,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT d , 9
' PERMIT
NUMBERDATE
ASSIGNED �-
The amount of money described above is for Treasurer's receipt of abaft amount is appwmd Receipt of above amount is hereby
ciprpost into the County Treasury.
Si ` /t F»c . { Date_ ' �
f
EXT. L a Signed: Deputy County Autlitor fid. Deputy County Treasurer
Treasurer
REV.(7-93) , .;;pp
)
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLED
TO THE TREASURER: MAU NEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
f .
(Far Cash Collection Procedures sae County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG,
SUB. TASK OPTION ACTIVITY AMOUNT
a'
I } I
JI 1,i t' L L
E
4-2
kg
1
y1
S
) €,/t �E
I
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1
1
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3
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EXPLANATION: TOTAL $ I
DEPOSIT +
Deposit consists of the foilowing items
CONN and CURRENCY $
CHECKS.M Q ETC. $
BANK DEPOSITS b
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT RFs ( *
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasure i1}t of ob rt is approved t of above amount is hereby
deposit into the County Treasury ��' � ock ---
DateSs Signed, Deputy County Auditor Signed:
C pty County Treasurer
To.
csurerT
D-3d REV.(7-43) € .,
i
0649-9665 / 831000: 61139144, $2,306..86, SD 7746 Inspection beposit,
Leonard J. Steffen, Camino Monte Sol Collection Account, 40 Camino Monte
Sol, Alamo, CA 94507
0649-9665 / 831000: G1139146, $75,800.00, RA 1137, Road Acceptance
Inspection, Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 61139150, $30,000.00, Sub 8509, Major Sub Review,
Windemere RLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon,
CA 94583
06499665 / 831000: 61139152, $3,600.00, Sub 8682, Map Check Fee,
Shapell Industries of N. Calif, 100 North Milpitas Blvd , Milpitas, California
95035
0649•-9665 / 831000: G1139153, $500.00, R52914, Record of Survey
Deposit, Virgil Chavez Land Surveying, 312 Georgia St. #225, Vallejo, CA
94590
0649-9665 / 831000: G1139154, $590.00, RS2913, Record of Survey
Deposit, Mister, Savio & Rei, Inc., 3095 Richmond Pkwy Suite 214, Richmond,
CA 94806
0649-3665 / 831000: 61139167, $5,979.00, DA0020, Landscape Plan
Review, Shapell Industries of N. Calif, 100 forth Milpitas Blvd , Milpitas,
California 95035
06499665 / 831000: 61139168, $6,418.74, 5D028694, Improvement plan
Check, ICC general Contractors, Inc., 510 S. Mathilda Ave #2, Sunnyvale,
CA 94086
0649-9665 / 831000: 61139173, $ 5.460.00, RA1164, Road Maintence
Review Plan Check, Windemere BLC Land Company LLC, 3130 Crow Canyon PI
##310, San Ramon, CA 94583
8198030-0800: 61139147, $16.100.00, RA1137, Performance Cash Bond,
Windemere BLC Land Company LLC, 3130 Crow Canyon PI #310, San Ramon,
CA 94583
0682-9752 1 819200:&1139166, $1,0'5.00, Parker Ave Undergrounding,
Thomas F. Gozzano, 2425 San Pablo Ave, Po Box 681, Pinole, CA 94564
0648-9140 l 812100: &1139337, $5,582.41, BWDA 104 Sub Reg Fens, City
of Brentwood, 708 Third St., Brentwood, CA 94513
0641-9752 f 826000: G1139338, $175.00, Alamo AOB COLA, David Pollino,
131 Via Bonita, Alamo, CA 94507.1837
821500-0800: &1139338, $18.00, COLA SCC Reg, David Pollino, 131 Via
Bonita, Alamo, CA 94507.1837
828800-0800: 61139338, $83.00, COLA Tri Valley, David Pollino, 131 Via
Bonita, Alamo, CA 94507-1837
828500-0800: 61139339, $118.00, COLA FCC AOB, Kathleen Stein, 4248
Lelia Dr., Rio Vista, CA 94571-9714
828500-0800: G1139340, $118.00, COLA FCC Fee, Vincent Heitzmann, 411
Mills Ct. Benicia, Ca 94510
828500-0800: 61139342, $118.00, COLA FCC, Jesse R. Loza, 209 Rolfe
Dr., Pittsburg, CA 94565
828900-0800: 61139339, $48.00, COLA ECTIA AO8 Kathleen Stein, 4248
Lelia Dr., Rio Vista, CA 94571-9714
828900-0800: G1139340, $48.00, COLA ECTIA Fee, Vincent Heitzmann,
411 Mills Ct. Benicia, Ca 94510
828900-0800: 61139342, $48.00, COLA ECTIA AOB, Jesse R. Loza, 209
Rolfe Dr., Pittsburg, CA 94565
0644-9752 / 828100: &1139340, $40. COLA Marsh Creek, Jesse R. Laza,
209 Rolfe Dr., Pittsburg, CA 94565
06349752 / 823400: &1139341, $220.00, COLA No. Richmond AOS,
Arnulfo Plandon, 359 Jennifer Dr., San Pablo, CA 94806
828600-0800: 61139341, $15. COLA- WCC Fee, Arnulfo Plandon, 359
Jennifer Dr., San Pablo, CA 94806
0685-9752 / 819500: &1139342, $51.00, COLA Say Pt. AOB, , Jesse, R.
Loza, 209 Rolfe Dr., Pittsburg, CA 94565
Executed in Duplicate
Bond No.. SU 5007921
Development: R.A_1.1.37(Cross Ref. SUB 85091
Premium: $11,924.00
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance,Guarantee,and Payment)
(California Governxnent Code §§ 66499- 66499.10)
1. RECITAL of ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along RA 1137 to complete said work within the time specified for completion
in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION: Windemere BLC Land Company. .-.L.C. ,as Principal ark
__Arch Insurance Goin1.,ani a corporation organized under the laws of the State of
Missouri ,and authorized to transact surety business in California,as Surety,hereby jointly and
severally bind ourselves,our heirs,executers,administrators,successors and assigns to the County of Contra
Costa., California to pay as follows
A. Perfarmanee:One Million Five e i Nine Thousand Nine Hundred and 00/100 Dollars
($ 1.58 .904.00 ) for itself or any city assignee under the above County Road
Improvement Agreement, plus
B. Payment. -- Eight Hundred Three Thousand and 00/100 Dollars
($ 803,000.00 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:
A.. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal,
or principal's heirs,executors,administrators, successors or assigns,shall in all things stand to and
abide by and well and truly beep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its ,part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa or city
assignee, its officers,agents and employees, as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable casts,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 judgement rendered.
B. The condition of this obligation, as to Section (2.H_) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material then and ether persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Cade,for materials furnished,labor of
any kind,or for amounts due under 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 am.oant
herein above set forth and also,incase suit is brought upon this band,will pay,in addition to the fact
amount thereof,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,to be awarded
and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082 of fart 4 of Division 3) of the Civil Code of the State of California, so as to give a tight of
action to them 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
became,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 Counry shall relieve the Surety from liability on this bond and consent is
hereby given to matte such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Cotte Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The underst ned executed this document on May 21 2004
WINDEMERE BLC L COMPANY, LLC, a California limited liability company
By: LEN-OBS Windemere, LLC, a Delaware limited liability company, managing member
By: Lenna.r Homes of California, Inc.
PRINCIPAL: its managing member SURETY: ARCH INSURANCE CQMANX
Address: 24500 Chrisanta Drive Address: 135 N. Los Robles Ave. #825
City: Mission Viejo, 92 City: Pais Jena, CA U101
PrintName: David Evans PrinT Name: Patricia H. Brebner
Title: Vice President Title: Attorney-in-Tact
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On May 24. 2004 before me, Dina Prints, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal --
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— _ Commission*1463618
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7 .�~- E u;, NotorY Public Crsl#tayta
..W . orange County
ate— Nov 23,2007
My Comm.Expires
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. SU 5007921
Number of Pages: Two (2)
Date of Document: May 21, 2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE AG +OWLEDGMENT No.5907
State of California
County of Orange
On May 21, 2004 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- ❑ 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.
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SIGNATURE Or 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 DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME.OF PERSONS)OR ENTrrY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
540671GEEF 2J98 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
POWER OF ATTORNEY
Know AD Men By These,Presents-,
That the Arch Insurance Company,a corporation organized and existing under the taws of the state of Missouri,having its
principal office in Kansas City,Missouri(hereinafter referred to as the"Company")does hereby appoint
Rhonda C.Abel,Jeri Apodaca, Patricia H. Brobner,Alexis H. Bryan,Jane Kepner, Nanette Myers, Leigh
McDonough,Mike Padzino,James A. Schaller, Rachelle Rheault and Ashley Ward of Irvine,CA(EACH)
its true and lawful Attorney(s)-in-Fact,to make, execute, seat, and deliver from the date of Issuance of this power for and
on Its behalf as surety,and as Its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY Is granted to make, execute, seat and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings In pursuance'of these prosents shalt be as binding upon the said
Company as fully and amply to all intents and purposes,as if the same had heed duiy exedUted and acknowledged by its
regularly elected officers at its principal office in Kansas City,Mlssouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being In full force and effect:
*VOTED,That the Chairman of the Board,the President,or any Vice President, or their appointees designated In writing
end tiled with the Secretary, or the Secretary have the power and authority to appoint agents-and attomays-in-fact,.
and to authorize there to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and
undertakings, recognizances, contracts of Indemnity and other writings, obligatory In the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney Is signed, seated and certified by facsimile under and by authority of the following resolution
adopted by the unanimous:consent of the Board of Directors of the Company.on March 3,2003;
VOTED, That the signature of the Chairman of the Board, the President, or any 'Vice President, or their appointees
designated In writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
eeri flcations by the secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Beard of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which It Is attached,shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
Page 1 of 2 Printed In U.S.A.
In Testimony Whereof, the Company has caused this;Instrument to be signed and its corporate seal to be affixed by their
authorized officers,this 1st day of March .20 04
Arch insurance Company
Attested and Certified
coRrorttin
Nlueerl
Joseph S.L4dl,Corporate Secretary Thomas P.Luckstone,Vice President
STATE OF CONNECTICUT SS
COUNTY OF FAIRFIELD SS
I Melissa B.Gilligan, a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S.Labell personally known
to me to be the same persons whose names are respectively as vice President and Corporate Secretary of the Ards
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed.to the
foregoing Instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly
authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
OFFiCIi4f,SFA
ISA B.QUJGM,l#atuy P*k
M �+tN fig, Melissa 11gen,Notary Public
My commission expires 2-28-05
CERTIFICATION
I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attomey dated MAMh1.2004 on behalf of the person{s}as listed above Is a true and correct copy and that
the same has been In full force and effect since the date thereof and Is In full force and effect on the date of this certificate;
and i do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on
the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch,insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this 21 s t day ofY .20_L4_.
.r
Joseph S ll,Corporate Secretary
This.Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except In the manner and to the extent herein stated.
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Home Office:Kansas City, MO
00ML0013 OQ 03 03
Page 2 of 2 Printed In U.S.A.
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ARCH Insurance Company ARCH Surety
NOTICE — DISCLOSURE OF TERRORISM PREMIUM
In accordance with the Terrorism Risk Insurance Act of 2402, we are providing this
disclosure notice for bonds on which Arch Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the premium attributable to coverage for terrorist acts certified under the
Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The united States will pay ninety percent (90%) of covered terrorism losses exceeding
the'applicable insurer deductible.