HomeMy WebLinkAboutMINUTES - 01252005 - C4 1
TO: BOARD OF SUPERVISORS �
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: January 25, 2005
SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway and Sherwood Way,RA 03-
01151, San Ramon(Dougherty Valley) area.
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 53 for RA 03-01151,(cross-reference Subdivision 8509),approving the Road
Improvement Agreement for East Branch Parkway and Sherwood Way,for prof ect 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 03-01151 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 completed.
Continued on Attachment: SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
:APPROVE OTHER
SIGNATURES
-____--I
ACTION OF BO ON •J , 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: JANUARY 25, 2005
JOHN SWEETEN, Clerk of the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors and County Administrator
JY:rni
G:\GrpData\EngSvc\B0\2005\01-25\RA 03-01151 BO-15.doc
cc: Public Works-T.Bell,Construction
Current Planning,Community Development
T—November 25,2005
Windemere BLC Land Company,LLC By , Deputy
3130 Crow Canyon Place,#310
San Ramon,CA 94583
Atte:B.Olin
National Farmers Union Standard Insurance Company
One Financial Plaza,10`x'Floor
Dartford,CT 06103
Atte:A.Ward
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 25, 2005,by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAUINIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2005/ 53
SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway and
Sherwood Way,RA 03-0115 1,(cross-reference Subdivision 8509),being developed
by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area.
(District Ell)
The following document was presented for Board approval for East Branch Parkway and
Sherwood Way,road improvement agreement RA 03-01151 (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
Originator: Public Works(ES) on the date shown.
Contact: Teri Rie(313-2363)
JY:rm
G:\GrpData\EngSvc\B0\2005\01-25\RA03-01151 BO-15.doc ATTESTED: JANUARY25, ZOOS
cc: Public Works-T.Bell,Construction
Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and
T—November 25,2005
Windemere BLC Land Company,LLC County Administrator
3130 Crow Canyon Place,#310
San Ramon,CA 94583
Atha:B.Olin
National Farmers Union Standard Insurance Company
One Financial Plaza,10t'Floor By ,Deputy
Hartford,CT 06103 odor
Atte:A.Ward
RESOLUTION NO.2005/ 53
SUBJECT: Approving the Road Improvement Agreement for East Branch Parkway and
Sherwood Way,RA 03-0115 1,(cross-reference Subdivision 8509),being developed
by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area.
(District III)
DATE: January 25, 2005
PAGE: 2
L Cash Bond
Performance Amount: $62,000.00
Auditor's Deposit Permit No. DP 434613 Date: November 16, 2004
Submitted by: Windemere BLC Land Company, L.L.C.
Taxpayer identification number: 94-329-15-16
111. Surety Bond
Bond Company: National Farmers Union Standard Insurance Company
Bond Number and Date: 4410156 October 27, 2004
Performance Amount: $6,138,,000.00
Labor& Materials Amount: $3,100,000.00
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 N0. 2005/53
i
ROAD IMPROVEMENT AGREEMENT
Developer: Windemere BLC Land Company,LLC Effective Date: 1// /OL3
Development: _RA 1151 Cross Ref.SUB 8509) Completion Period: 1 year
Road: East Branch Pa[jgwLay&Sherwood Way WINDEMERE BLC LAND COMPANY LLC,
--- - a California limited liability Company
By:LEN-OBS Windemere,LLC
B
THESE SIGNATURES ATTEST TO THE PARTIES AGREEMENT HERETO: B Delaware limited '
liability company
Managing Member
CONTRA COSTA COUNTY �B :Lennar Homes of California,Inc.,
By:Maurice M.Shiu,Public Works Director �
Managing Member
g g
By: (signature)
(print name&title) Don Larson,Vice President
RECOU MENDED FOR APPROVAL
By: (signature)
4 A IiLe�"
Engineering ervi es i 4sion (print name& itle)Darleen Carpentelf 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 Code S313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup "and the above-mentioned D=eloper_,
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: S 62,000.00 ,_cash,plus additional security,in the amount of S 6,138,000.00
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 Payment: Security in the amount of S 3,100,000.00 ,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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor 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 S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall
perform satisfact r a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"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 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. It 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 ornot 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,orthat 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.
11. INCORPORATION/ANNEXATION. It 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
RL:kw
\\PWS4\SHARDATA\CnpData\EngSvc\Fomis\AG WORMAG-24-doc
Rev.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of C-OL:)T� CzEersr
On C>n1C�V- 1 �00A
before me,)AAO�L
Date0
Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
personally appeared
p Y
Name(s)of Signer(s)
5 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) 4s/are
" s L W-f" subscribed to the within instrument and
Coffv*won#137$627 acknowledged to me that /they executed
Hotay PUM _CaNibM10 the same in r/their authorized
Gonna Costa County capacity(ies), and that by /their
My Comm.EVkw Oct 7. signature(s) on the instrument the person (s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNES my hand at offici I seal.
• Signature 6f N ary 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 bySigner
Signer's Name:
OF SIGNER
❑ Individual Top of thumb here
❑ Corporate Officer Title(s):
❑ Partner ❑ Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
01999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
i
i DEPOSIT PERMIT
• OFFICE OF COUNTY AUDITOR-CONTROLLEf - �.
t MARTINEZ CALIFORNIA
_ ..._
TO THE TREASURER: `
RECEIVED FROM �
ORGANIZATION NUMBER
I ,
1W
(For Cash Collection Himes see Adn*i 's Buletin 105.)
DESCRIPTION FUI�ORG. SUBS TASK TION ACTIVITY AMOUNT
� ACCT.
$ 1
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EXPLANATION: TOTAL $ I
DEPOSIT16 7r
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Deposit consists.of the following items
and CURRENCY $
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.... - BANK DEPOSITS $
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DEPOSIT
PERMH.Olt
, DATE r
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Or
The cmount of money described&bove is for Treas is receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
..; r ,' 1 Date; /
SiVied:
Title: EXT. ,- ; C ty County Treasurer
02
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D-3A REV.(7-93)
0649-9665 / 8310000: G1140538, $500.00, R52959, Record of Survey
Deposit, John C. Gover, 3708 MtZiablo Blvd, Ste 100, Lafayette, CA 94549
0649-9665 / 8310000: G1140539, $500.00, R52960, Record of Survey
Deposit, Diana Bryg9man, 140 Post Rd.,, Alamo, CA 94509
0649-9665 / 8310000: G1140540, $500.00, R52961, Record of Survey
Deposit, Robert A Devries/ Bar R.D., 2240 Railroad Ave., Livermore, CA
94550
0649-9665 / 8310000: G1140541, $500.00, R52962, Record of Survey
mm�
Deposit, Madeline Tam, 440 Camelback Rd., Pleasant Hill, CA 94523
0649-9665 / 8310000: 61140543, $1,0154,64, MS 22-03 Plan Check, Paul D.
Christensen, PO Box 649, Alamo, CA 94507
0649-9665 / 8310000: 61140544, $10000'001 MS 19-00, COA Check, HL
Harris Ranch Account, 1545 Rockville Rd. Suisun, CA 94585
0649-9665 / 8310000: G1140549, $97.730.00, Sub 8778, Maj*or Sub Civil
Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon PI
#310, San Ramon, CA 94583
819800-0800: &1140545, $62,,000.00, RA 1151,Perf ormance Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: 61140548, $20.940.00, Sub 8778,,Perf ormance Cash Bond,
Windemere BLC Land Company, LLC, 3130 Crow Canyon PI #310, San Ramon,
CA 94583
0682-9752 / 819200: G1140542, $300.00, Parker Avenue Underground
357-111-009, David Johnson, 686 Parker Ave, Rodeo, CA 94572
0682-9752 / 819200: G1159254, $178-16,00, Road Trust Mtce Fee, Sub
8716., Brookfield Savoy, 500 Ln Tonda Way, Ste 100, Danville, CA 94526
WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company
By: LEN-OBS WINDEMERE,LLC,a Delaware limited liability company,its Managing Member
By: LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member
By:
David Evans, Vic W President
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On October 28, 2004 before me, Dina Printy, 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.
DINA PRINTY
.............................. Commission#1453610
Notary Public-Cautornia
[yam ro� Orange county
My Comm.Expires Nov 28 2007
-W
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. 4410156
Number of Pages: Three (3)
Date of Document: October 27, 2004
Signers (other than those named above): Ashley K. Ward
NOWLEDGMENT No.5907
CALIFORNIA ALL-PURPOSE t
State of California
County of Orange
On October 27 2004 before me, Jeri Apodaca,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Ashley K.Ward
NAME(S)OF SIGNER(S)
I; 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.
JERI APODACA
Comm.#1379729
NOTARY PUBLIC-CALIFORNIA
Orange CountyWITNESSmy hand and official seal.
My Comm,Expires Oct.12,2006
a CIL
$IGNATURr,__5F_ff0TARY
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
H GENERAL
❑ ATTORNEY-IN-FACT
❑ 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*8236 Rernmet Ave.,P.O.Box 7184*Canoga Park,,CA 91309-7184
1 1
NATIONAL FArcMERS UNION STANDARD INSURANCE COMPANY
[in the process of being renamed Quanta Indemnity Company]
New York City,New York 10020
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS:that National Farmers Union Standard Insurance Company[in the process
of being renamed Quanta Indemnity Company],a Colorado corporation,(hereinafter the"Company"),does hereby constitute
and appoint:
Ashley K Ward
of Irvine,California to be its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,seal,
and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued m* the course
of its business up to a penal sum not to exceed FIFTY"MILLION AND 00/100 DOLLARS($50,000,000.00)each, and to bind
the Company thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Co any,
This appointment is made under and executed pursuant to and by authority of the following By-law,which By-law is now in
full force and effect:
ARTICLE XVIII-EXECUTION OF POLICIES,BONDS,ETC.
Section 2. All bonds,undertakings,contracts,and other instruments,other than as above for and on behalf of the Company
which it is authorized by law or its charter to execute,may and shall be executed in the name and on behalf of the Company
either by the Chairman or the Deputy Chairman,if any,or the President or a Vice President,jointly with the Secretary or an
Assistant Secretary,under their respective designations,except that.any.one or more officers or attorneys-in-fact designated m*
any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as,provided form
Section 3 below,may execute any I such bond,undertaking or other obligation as provided in such resolution or power of
attorney.
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman or the Deputy Chairman or the President or a Vice President or an Assistant Vice President,
jointly With the Secretary or an Assistant Secretary,under their respective designations. The signature of such officers maybe
engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy Chairman,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 Assistant Secretaries or attorneys-
M-Ofact for purposes only of executing I 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 with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and
the corporate seal of National Farmers s Union Standard Insurance Company[*in the process of being renamed Quanta Indemnity
Company]has been affixed thereto in New York City,New York this 26t`day of Marc 20044P
National Farmers Union Standard Insurance Company
[in the process Qf being renamed Quanta Indemnity Company]
2
By
Walda Decreus,Assistant Secretary
0
0*04000
STATE OF NEW YORK) ss
COUNTY OF NEW YORK)
On this 26' day of March.,2004.,before me,a Notary Public,personably came WALDA DECREUS,to me known,and
acknowledged that she is an Assistant Secretary of National Farmers Union Standard Insurance Company[in the process of
being renamed Quanta Indemnity Company];that she knows the seal of said corporation;and that she executed the above
Power of Attorney and affixed the corporate seal of National Farmers Union Standard Insurance Company[in the process of
being renamed Quanta Indemnity Company]thereto with the authority and at the direction of said corporation.
GaM E*.01noola
NO"-RMIC•Steft of New Yom
M.4 01C14769Notary Public
DjWKW In WeWJiWer County
MyCmW"o"Eorft Jum fit?.,20W-.
CERTIFICATE
I,the undersigned,Secretary of National Farmers Union Standard Insurance Company[in the process of being renamed Quanta
Indemnity Company],do hereby certify that the foregoing Power of Attorney is still in full force and effect,and further certify
that Article XVIII,Sections 2 and 3 of the By-laws of the Company are now in force.
IN TESTIMONY WHEREOF I have subscribed my name and affixed the seal of said Company. Dated this 2 7th day of
October , 2404.
By
Martha G.te Secretary
17�•y
Executed in Duplicate
Bond No.: 4410156
Development.* RA 1151jCross Ref. S1TB 8509)
Premium: $30,690.00
LmpROVEMENT SECU&TI'Y BOND
FOR ROAD 1MPROVFMFNT AGREE3ViENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 -a 6b499.10)
1. �cixai.of R0AD InexovFMF.NT AGREEMENT: The Developer (Principal) has executed an agreement
(Road Improvement Agreement) with the County TO install and pay for street, drainage and other
improvements orr or along R.A 1151 to complete said work within the time specified for completion
iri The Road Improvement Agreement, all in accordance with State and local laws and rulinaso
2, OBLtGarlasv: Windemere BLC Land Company, L.L.C. as Principal and
National Farmers Union Standard Insurance*
a corporation organized under the laws ofthe State of
Colorado .andauthorized 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 as follows *Company
A. -Performance:- Sir Million One Hundred Thirty Eight Thousand and 00/100 Dollars
lmp�
(� _
6.138.000.00 )for itself or any city assignee under The above County Road
Improvement Agreement, plus
B. Payment: Three Million One Hundred Thousand and 00/100 Dollars
(S 3_,J00.000.00 )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 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
%nor
performed at the tirne and in the manner therein specified and in aU respects according to their True
intent a W,
and meaning and sball 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 Bull force and effect.
As pan 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 obfigatloln3 all to be taxed
as costs and mcluded in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unio the County of Contra Costa and all
contractors, subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,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 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 attorney's fees,ina�rred by
The County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the coup, all To be taxed as costs and To be included in The judgement therein rendered
Xt is hereby expressly stipulated and agreed that this bond shall inure io the benefit of any and all
persons, companies and corporations entitled to file claims under Title 15(commencing with Section
0%
3082 of Part 4 of Division 33) of the Civil Code Of The Stare of California, so as To give a right 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
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 fur[her 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 AND SEA D:
The undersigned executed this document on October- 27, 2004
NATIONAL FARMERS UNION STANDARD
pRjrjCjpAj,; -See Attached Signature Page SURETY: INSURANCE COMPANY
3130 Crow Canyon P1. , #310 Address: One Financial Plaza, 10th Floor..
Address. 0�--
City: San Ramon, CA City: Hartford, CT 06'103
By: See Attached Signature Page $y• v
Print Name: N/A Ashley K. Ward
Print Name.
Title: N/A Title: Attorney-in-Fact
G.QTPuRwc-Toaa�BN WORMA1I a=
,a--
IMPORTANT DISCLOSURE NOTICE
REGARDING
TERRORISM RISK INSURANCE ACT OF 2002
Under the provisions of the Terrorism Risk Insurance Act of 2002.("The Act"), we
are providing this disclosure notice for bonds for which a subsidiary of Quanta
U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused
by a certified act of terrorism as defined by The Act may be partially reimbursed
by the Federal Government under a formula established by The Act.
The term "certified act of terrorism" means any act certified by the Secretary of
the Treasury, in concurrence with the Secretary of State and the Attorney
General of the United States, to be an act of terrorism; to be a violent act or an
act that is dangerous to human life, property or infrastructure; to have resulted in
damage within the United States, or outside the United States in the case of an
air carrier or vessel or the premises of a United States Mission; and to have been
committed by an individual or individuals acting on behalf of any foreign person
or foreign interest, as part of an effort to coerce the civilian population of the
United States or influence the policy or affect the conduct of the Federal
Government by coercion.
The formula established by The Act requires the Federal Government to pay
90% of losses arising from certified acts of terrorism that exceed the statutorily
established deductible to be paid by the surety.
Acts of terrorism are not excluded from any surety bonds issued on your behalf
and your premium charge for terrorism coverage is $0.00.
This is a notice regarding your terrorism coverage which should be used for informational
purposes only. Please refer to the bond form for the terms and conditions regarding your
terrorism coverage.
Form Number SUR 10001 (Ed.4/04)