HomeMy WebLinkAboutMINUTES - 10252005 - C11 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ' !/
DATE: October 25, 2005
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 03-00015,being
developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area.
(District III)
SPECIFIC REQUEST(S)'OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ 67,P-2 for PA 03-00015, approving Subdivision Agreement (Right of Way
Landscaping) for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
PA 03-00015 has been reviewed and processed by Public Works staff and meets all applicable conditions of
approval regarding landscape improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Subdivision Agreement(Right of Way Landscaping)will not be approved.
c-
Continued on Attachment:.-' :L
SIGNATURE•
_
COMMENDATION OF OF COUNTY AD OR
_
RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
SIGNATURES
ACTION OF BO ON ,m APPROVED AS RECOMMENDED 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.
i UNANIMOUS(ABSENT /V41-
AYES: NOES:
ABSENT: ABSTAIN: _�^'
ATTESTED: 044E>-- „r eg-GtS'
JOHN SWEETEN, Clerk of the Board of
EH:rm
G:\GrpData\EngSvc\BO\2005\10-25\PA 03-00015 BO-16.doc Supervisors and County Administrator
Originator: Public Works(ES)
Contact: Teri Ric(313-2363)
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T-August 11,200' (P1) By_ , Deputy
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,Ste 500
San Ramon,CA 94583
Attn:Brian Olin
Fidelity,and Deposit Company of Maryland
801 N.Brand Blvd.,Penthouse Suite
Glendale,CA 91203
Attn:Jeri Apodaca
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on October 25, 2005 by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkerna
NOES- None
ABSENT: None
ABSTAIN: Nene
RESOLUTION NO. 2005/
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 03-
00015 being"developed by Windemere BLC Land Company, LLC, San Ramon
(Dougherty Valley) area. (District III)
The following;document was presented for Board approval this date for PA 03-00015,
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 two years 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:
L dash Deposit
Deposit Amount: $43,300.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 451.038 September 12, 2005
EH:rm I hereby certify that this is a true and correct copy of an
G:1GrpData\EngsvctBOL2005\10-25\PA 03-00015 Bo-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development ,ron,,�-. r
T-August 11,2007(P1) ATTESTED: Ve7o_ e,,y- nM
Windemere BLC Land Company,LLC
6121 Bollinger canyon Road,Ste 500 JOHN SWEETEN, Clerk of the Board of Supervisors and
San Ramon,CA 94583 County Administrator
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd.,Penthouse Suite
Glendale,CA 91203
Attn:Jeri Apodaca By � '� - ,Deputy
RESOLUTION NO.2005/ 4+ '
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for PA 03-
00015,'being developed by Windemere BLC Land Company, LLC, San Ramon
(Dougherty Valley) area. (District III)
DATE: October 25, 2005
PAGE: 2
11. Surety Bond
Bond Company Fidelity and Deposit Company of Maryland
Bond Number and Date: 08$21653 July 13,:2{105
Performance Amount: $4,289,700.00
Labor&Materials Amount $2,166,500.00
Principal: WindemereBLC 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.
SUBDIVISION AGREEMENT
(Right of Way Lacaping)
(Governmnds
ent Code§66462 and§66463)
Subdivision: PA43-000j5fcross-ref'St i amt Effective Gate:
Subdivider: Windermere BWz Land Cornoany. Irl_C Completion Panted: 2 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: Cali sMEI�BLC LAND COMPANY,LLC
A California limited liability company.....
By:LEN-OBS Windemere,LLC,
CO TRA COSTA CaUNTY SUBDIVIDER:A Delaware limited liability company
Managing Member
Maurice M.Shiu,Public Works Director' By:Lennar Homes of California;Inc.,
Managing Member
By -�We --
{signatu
{print name tit! a 7.Menaker, s Secretary
RECOMMENDED`FOR APPROVAL
By: (signature)
Services Divibii (Print name&41eon4Ak—
Engineeiingon,VicePresident
FORM APPROVED-; 'Victor J.Westman,County Counsel
(NOTE,All signatures to be acknoWedged. if Subdivider is incorporated,
signatures must w fo m 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"Com;"and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to Install certain road improvements(bath public and private),drainage Improvements,
signs, streetl ts, fire hydrants, landscapiing, and such other.improvements {including appurtenant equipment) as required in the
Improvement rates for this subdivision as reviewed and on file with the Contra Costa County Public Worts 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 supenorto 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,provides as security to the County:
A, VFL Performance and Guarantee: $ 43.300.00 cash,plus additional security,in the amount of }
$ 4.289.70 ' 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 band'.
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;agathst any defective workmanship or materials or any unsatisfactory performance.
B, For Payment Security to the.amount of 2..166.MOQ.00 which is fifty percent(506%,)oftheastimatedoost
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§944.406 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 shallperform 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. Subdivider agrees to perform establishment work for landscaping installed under this
agreement Sald 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 Rection 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 fans prove to be inadequate In any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promise
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,propertq damage,inverse condemnation,or any combination of
these,and regardless of whether or not such liability,Balm 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 anysuit(s),action(s),or other proceeding(s)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 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 forth any negligent orwillful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,ail 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 falls 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 entryon 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 shalf`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.
l w:fap
i G*1GrpDa1a%EngSvc1formsNAG WOROIAG•30A.doc
Rev.May 18.2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Contra Costa
On July 12,2005 before me,Karen L.Keenan,Notary Public,personally appeared
Don Larson&Paul J. Menaker-personally known to me to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their',signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
/} T�i C4mff*Ww#1370$217
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Notary Pub0c -C
Sig attire of Not Public Conga Costa County
July Wim.Eames 4efi 7,
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ORGANIZATION NUMBER.
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{ForCashCollection Procedures sees County AdminWrotor's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB,
ACCT.' TASK IOPTION ACTIVITY AMOUNT
$
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XPLANATION:
MrAL
DEPOSIT
Deposit consists of the follovving items
COIN and CURRENCY $
CHECKS,AO,ETC. $
BANK DEPOSITS
$
FOR AUDrIOR-CONTROLLER USE ONLY
Y) DEPOSIT
PERMIT
NUMBER
DATE
.12
ASSIGNED 1�2
The amount of money described above is for Treasurer's receipt of ckK"amount is approved Receipt of above amount is hereby
deposit into the County Treasury,
acknowledged
S*jed- Date tq-ll
?�Le
.,
Signeckk
rfl** EXT Signed'
ned:
Deputy County Aucitor
Deputy County Treasurer
34 REV.(7-93)
...........
� E
819800-0800: 61189846, $1,500.00, b6 04-00049, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189848, $3,500.00, b6 04-00049, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800. 61189850, $5,300.0 , PA 05-0024, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Raman, CA
94583
819800-0800: 61189852, $53.2(30.00, RA 04-01171, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189853, $1.000.00, RA 04-01178, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94588
819800-0800: 61189855, $4_200.00, PA 05-00023, Cash Bond, Windemere
BLC Land Company, LLC, 6121 BallingerCanyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61189857, $23,00O.00,RA04-01175, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61189859, $ .300.0O,D604-00050, Cash Band, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San'Ramon, CA
94583
C94588.3
0-03800: 61189861, $ 3_3 .t- PA0,3-00015, Cash Bernd, inoer�nere
and Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
03682-9752 / 139200: G1189425, $309,493.55, Sub 8331, COA'S 80
86,87,88,145,106, 107, Danville Tassajara Ptrs, LLC, 6121 Bollinger Canyon
Rd, Suite 5030, San Ramon,
CA 94583
0682-9752 / 139200: 61189426, $6,500. , Sub8331, COA #118A;
Construction of bus -stop shelter , Danville 'Tassa jars -Ptrs, °LLC, 6121
Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583
4649-9665 / 112300: 61189817, $150;000.00, RA 04-01175, Road
Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger
Canyon Rd., Suite 500,San Ramon, CA 94583
0649-9665 / 112300: 61189825, $100,004.00, Sub 05-08925, Subdivision
Improvement Inspection Fee, , 'Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 `
0649-9665 / 112340: 61189831, $96,700.00, Sub 05-08924, Major
Subdivision Improvement Inspection, Windemere BLC Land Company, LLC,
6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583'
0649-9665 / 112300: G1189836, $100,0010.04, Sub 05-08926, , 'Major
Subdivision=- Improvement Inspection, Windemere BLC Land Company, LLC,
6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665: / 112300: G1189839, $13,600.00, Sub 08926, Landscape
Improvement Inspection, Windemere BLC Land 'Company, LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300- G1189841, $11,300.00, Sub 05-08925, Landscape
Inspection Fee, Windermere BLC Land' Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon,CA 94583
011
0649-9665 / 112300: 61189843, $11,700.00, Sub 05-8924, Landscape
Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121'
Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: 61189845, $29.400.00, 06 04-00048, drainage
Inspection Fee, Windemere' RLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300. G1189847, $10.300.00, OG 04-00049, drainage
Inspection Fee, Windemere' BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300:. G1189849 $19,300.00, 'DG 04-00049, Landscape
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112304: G1189851, $27,500.00,"` PA 05-0024, 'Landscape
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: 01189854, $5,900.00, RA 04-01178, Road Acceptance
Inspection, Windemere BLC 'Land 'Company, LLC, 6121 Bollinger Canyon Rd.,
Suite 500, San Ramon, CA 94583
0649-9665 / 112300. G1189856, $22.300.00, PA 05-00023, Landscape
Inspection Fee, Windemere 'BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: 61189858, $107,200.00, RA 04-01175, Landscape
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583`
0649-9665 / 112300: G1189860, $1.8,500.00, 0G 04-000350, Drainage
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 112300: 61189862, $90,000.00, PA 03-00015, Landscape
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, Son Ramon, CA 94583
819800-0800: 61189815, $102,800.00, RA 04-01175, Cash Bond,
Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,
Son Ramon, CA 94583
819800-0800: G1189822, $30,500.00, Sub 05-08925, Cash Bond,
Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,
Son Ramon, CA 94583
819800-0800: G1189828, $20,700.00, Sub 05-08924, Cash Bond,
Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,
San Ramon, CA 94583
819800-0800: G1189833, $27.900.00, Sub 05-08926, Cash Bond,
Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,
San Ramon, CA 94583
819800-0800: G1189838, $2-300.00, Sub 05-08926, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189840, $1.700.00, Sub 05-08925, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 01189842, $1-800.00, Sub 05-08924, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583 1
819800-0800: G1189844, $5�800.00, DG-04-00048, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
............ ............ ...............-
EXECUTED IN DUPLICATE
ubdiVisiou: PA 01' 0-15:46 oss*ref SIB 850i9l
Bond Na.; 0882160
Premium $40,752.00
Igr1tOVEn1ENT SECURITY BOND'
FOR PUBLIC IRIGHT OF WAY LANDSCAPE,A,GREEM[ENT
(Performance,Guarantee, and Payment)
(California Govetmnent Code Sections 66462 and 66463)
1. RECITAL OF SUf3OMSION A,GREEM NTs The Principal has executed an agreement with the C 6ty to
install and pay for public right of way landscaping, and other related improvements in PA 03 fbb15
(cross-ref S-LaR509� as specifted in the Subdivision Agreement(Right'of Way Landscaping), and to
complete said work within the time'specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in accordance with State and locallaws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLtGAXIOty: Windemere BBC Land''Cmomy.LLC ,asPrincipal,and
Fidelit and Deposit Company of Maryland ,a corporation organized existing under
the laws of the State of Maryland , and authorized to: transact surety
business in California, as Surety,', hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors,and assigns to the County of Contra Costa forma to pay
A Performance and Guarantee: Four Million Two Hundred lute Thousand Seven
Hundred and 00/100 Dollars(S' 4,289,)?Q66€1 _ _ )for itself or any city assignee
under the above County Subdivision Agreement,plus
B. Payment. 'T'wo Million One Hundred Sixty Six Thousand Five'ffundmd and GO/100
Dollars{$ 24.1 6,500-00 j to secure the claims to which reference is made in Title XV
(commencing,'with Section 3082) of Part 4 of Division .CTI 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 bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by, and well and truly keep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed at the time and in the 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
ssigtnee),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€herefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully,enforcing such obligation, all to be taxed as
costs and included in any judgement rendered:
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are head firmly,bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
Thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also to case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's`,fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to thein or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any 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 fur notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itself bound without regard
to and;independently of any action against Principal whenever taken.
SIGNED AND SEALED.on Jul 13 2005
Fidelity andDepositCompany
PRINCIPAL: See attached signature block SURETY: of Maryland
Address: 61.21 Bollinger Canyon Rd. , Ste. 500 Address:801 N. Brand Blvd. , Penthouse Su e
City: San Raman, CA Zip: 94583 City: Glendale, CA Zip:' 91203
By: By:
Print Name: Print Name: Jeri Apodaca
Title: Title: Attorney-In-Fact
new
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WINDEMERE BLC LAND CCil!1'IPANY,LLC.,a California
limited liability company
By:LEN-OBS W1NDli+iERE,LLC.,a Delaware limited
liability company,its Managing Member
By:LENNARHOMES'OF CALIFORNIA,INC.,a California
Corporation,its Managing Member
By;--_
Lawrence H.Thompson,Vice Fresident
By:
--". k,
Dee Baker,Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 14, 2005 before me, Dina Prints, Notary Public, personally
appeared Lawrence H. Thompson and Dee Baker, personally known to me to be the
persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacity, and that by their signatures
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# 1458610
f
L®� Notary Public-California
orange County
My Comm.Expires Nov 28,2007
OPTIONAL
Though the data below is not required by taw, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment`of this form.
CAPACITYCLAIMED BY SIGNER' SIGNER IS REPRESENTING:
Lawrence H. Thompson—Vice President Lennar Homes of California, Inc.
Dee Baker- Assistant. Secretary Lennar Homes of California, Inc.
DESCRIPTON'OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 08821853
Number of Pages: Three ;3)
Date of Document: July 13, 2005
Signers (other than those named above):Jeri Apodaca;
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On July 13 2005 before me, Rosa Estela Rivas,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC'
personally appeared Jeri Apodaca ,
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) islare 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, executedthe instrument.
[ y ROA ESTLA RIVAS
C
COMM,## 1447661
2
2 NC?TARY PUBLIC CALIFORNIA�
ORANGE COUNTY
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law,;it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY.CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑
PARTNER(S) LIMITED
H. GENERAL
® ATTORNEY-1N-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-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Rernmet Ave.,P.O.Box'7184•Canoga Park,CA 91309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in
pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Company,w ' set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and
appoint Jeri APODACA,of Irvine,California, its true and lawful a k ac ke,execute,seal and
deliver,for,and on its behalf as surety,and as its act and dee s ,and the execution of
such bonds or undertakings in pursuance of these r in ' any,as fully and amply,to all
intents and purposes,as if they had been cWh95X ac gularly elected officers of the Company at
its office in Baltimore,Md.,in =p rs e a orney revokes that issued on behalf of Jeri
APODACA,dated 7, (1�1
The said Assistant t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- " ny,and is now in force.
IN WITNESS WI OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April,
A.D.2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
F�9 OEPps�f
W r11r6 'b...
O
r,4 sOM '��NAn�J�`IV
By:
T.E. Smith Assistant Secretary Paul C Rogers Vice President
State of Maryland ss:
City of Baltimore
On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
- "AAA- "IxT
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025)
............................ ............... ................. ............................... .................................... ................ .............. ........................................................................................ ............. .....................................
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President,or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 13th day of July 2005
Assistant Secretary
..........
.. .. .....
ZURICH
IUIS IMPORTANT DISC OS.UK NOOK ,} IS.I'A RT CSF' YOUR BONI)
Fidelity and Deposit Company of Maryland,Colouia.l Amenc>an.Casualty and Surety Company,Zurich American
Insurance"Co parry,and American Guarantee and Liability lnsw-•anee Company are makixtg the following
informational disclosures in compliance with The Terrorism Risk ffisurance Act of 2002. leo action is required ori your
part.
Disclosure of Terrorism_temiun�
The premium charge for risk of loss resulting from acts of terrorism(as defined'in the Act) under this bond is
$_uraived.. This amount is reflected in the total premium fog•this bond.
Tlsclosut'e afArAilAbili °of:,Covera e far Terrorism 1C�o se;�
As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for lasses resulting
from acts of terwrism(as defined in the Act)with tests, amounts,and limitations that do not differ.mateiially as those
for losses-arising from events other than acts of terrorism.
Disclosure of Federal Share of r sd a ce a�ut a 's Tet-ro lam Lasses
The Terrorism,Disk Insurance Act of 2002 establishes a mechanism by which the United States govermuent will share
in insurance company lasses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid
tosses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1%of direct earned
premium in the prier year,for 2003, 7%of direct earned premium in the prior year,for 2004, 10%of direct earned
premium in the prior year•, and for 11005, 15%of direct earned premium in the prior year. The federal share of an
insurance campasny's lasses above its deductible is 90%. In the event the United States government participates in
losses,the United States government may direct insurance companies to collect a terrorism surcharge froze;
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed$100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism risk Insurance Act defines"act of tmorisrn" as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States
I. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life,property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United Mates in the case of an air carrier
(as defined in section 40102 of title 49)United 17 States Code)or a United States flag vessel (err a vessel based
principally in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United Mates),or the premises of a United Mates mission;and
4. 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 to,influence the policy or
affect the conduct of the United States Covernmont by coercion.
But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress (except for workers' compensation)or property and casualty insurance losses resulting ftomi the
act, in the aggregate,do riot exceed$5,000,000.
These disclosures are informational only and do not modify your band or WOO your rights under the bond:
Copyright Zurich Arrierii an Insurance Company 2003