HomeMy WebLinkAboutMINUTES - 11012005 - C3 TO: BOARD OF SUPERVISORS /
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR. (;►
DATE: November i, 2005
SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for DA 04-00049 (cross-
reference Subdivision.04-08923),being developed by Windermere BLC Land Company,LLC,
San Ramon(Dougherty Valle )area. District III
SPECIFIC REQUESTS)OR RECOMMENDATION(S)`&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONfS):
ADOPT Resolution No. 2005/ 70,f for DA 04-00049 (cross-reference Subdivision 04-08923), 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):
This Right of Way Landscaping Agreement 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.
Continued on Attachment:_,,-' SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
L-,6PROVE OTHER
SIGN TRE S
ACTION OF BOA N' »'� APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VO OF SUPERVISORS ,,/' minutes of the Board of Supervisors on the
UNANIMOUS(ABSENT 0� 7 G' ) date shown.
AYES: NOES:
ABSENT: ABSTAIN:
TR:rm
ATTESTED: 40e/e,W'V e,
c:`Grp)ata\EngSvc\BO\2005111-01\DA 04-00044 BO-16.doc JOHN SWEETEN, Clerk of the Board of
Originator: Public Works(ES)
Contact: Teri Rie(313-2363) Supervisors and'County:Administrator
CC: Public Works- T.Bell,Construction
Current Planning,Community Development
T—August 11 2007(PI)
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Rd.,#500 By ,Deputy
San Ramon,CA 94553
Attn:B.Olin
Arch Insurance Company
135 N.Los Robles Ave.,#825
Pasadena,CA 91101
Attn:Rosa E.Rivas
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 1, 2005 by the following vote:
AYES: Gioia,Pieplto,DeSaulnier,Glover and Uilkemai
NOES: None
ABSENT: None
ABSTAIN: one
RESOLUTION NO.2005/ 8
SUBJECT: Approving Subdivision Agreement(Right of Way Landscaping) for DA 04-00049
(cross-reference Subdivision 04-08923), 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 DA 04-00049
(cross-reference Subdivision 04-08923);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 SubdivisionAgreement (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:
I. Cash Deposit
Deposit Amount: $3,500.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 451038 September 12,2005
TR:rm I hereby certify that this is a true and correct copy of an
o:\GrpDat.a\Engsve\BO\2005\11-01\13A04-00049 Bo-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Rie(313-2363) Supervisors on the date'shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T-August 11,2007(P1) ATTESTED:
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Rd.,#500 JOHN SWEETEN,Clerk of the Board of Supervisors and
San Ramon,CA 94583 County Administrator
Attn:B.Olin
Arch InsuranceCompany
135 N.Los Robles Ave.,#825
Pasadena,CA 91101
Attn:Rosa E.Rivas By , Deputy
RESOLUTION NO.2005/
SUBJECT: Approving Subdivision Agreement 0ght of Way Landscaping) for DA 04-00049
(cross-reference Subdivision 04405923), being developed by Windemere BLC
Land Company, LLC, San Ramon(Dougherty Valley) area.(District III)
DATE: November 1, 2005
PAGE: 2
II. Surety Bond
Bond Company: Arch In uurance Company
Bond Number and Date: SU5015$02 July 13, 2005
Performance Amount: $348,600.00
Labor&Materials Amount: $176,050.00
:Principal: Windernere BLC Land Company, LLC
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way
Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
a
SUBDIVISION AGREEMENT
(Right Of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision. DA 04-t3AG49(cross-ref SUB 8 231 Effective Date:
Subdivider: vuindernere BLC Land Co,t ar►y.LW Completion Period: 2 year
THESE SIGNATURES ATTEST'TO TH PARIES`AGREEMENT HERETO. wlNDEmE1 aLC LAN 1CC3MpANY,,LLC
ACalifornia limited tiabiiity so€ispsny
CONTRA COSTA COUNTY SUBDIVIDER:By: .EN-CTs windemere,LLC,
A Delaware limited liability company
Maurice M.Shiu. Public Warks Director Managing Member
13y:;LennarHomes ofCalifornia Inc„
Matti 'ng Membe€
By: lam°" 410141,
(signature
RECOMMENDED FI R APPROVAL: (Print name&title)Pau er,Asst.Se et
By: „ (signature}
Engineering Services"on (print name&title)lion arson,Vice President
FORM APPROVEQ Victor J.Westman, County Counsel
(NOTE:All signatures to be acknoMedged. Ifi SUMIvi€Ser ls'incorporated,
signatures must confonn with tine designated representative groups
pdrsuant to Corporations Code§313.)
1. PARTI §ATE.'Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Corm ,"and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivislon.
2. IMPROVEME Subdivider agrees to install certain road improvements(both public and private),drainage Improvements,
signs, street It ts,'fise' g rants, landscaping, snot such ether Improvements (including appurtenant equipment) as required in the
improvement pans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Carte(including future amendments thereto).
Subdivider shall complete said work and Improvements(hereinafter called"work"�within the above comp]etion period from date
hereof as required by the Cat'bmia Subdivision Map act(Government Code§§ti6410 an following),in a good workmanlike manner,in
accordance with accepted construction practices and In a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder, and where there is a conflict between the Improvement'plans and the County Ordinance Code,the stricter
requirements shall govern.
3. l PROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. For Performance ani Guarantee:. 3,500.00 cash,plus additional security,in the amount of [
$ 348.600.00 which together total one hundred percent(100%)of the estimated cast of the work. Such additional
security is presented in theform of.
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With thls security,tate Subdivider guarantees�performance under this Agreement and maintenance of the work for one'year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. Far Pavmient: Security in the amount of$ 1 176.050.00 ,which is fifty percent( W%)of the estimated cost
of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider,
C. Upon acceptance of the work as complete by the Board ofSupervIsors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§944.408 of the Ordinance Code,
4. GUARANTEE AND WARRANTY OF WORK.. Subdivider guarantees that said work shall be free from defects in material or
workmanshipand shall perform satisfactorily for a period of one,year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,",Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense;
any defects in said work.
The guarantee period does not apply to road:improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping Installed under this
agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids maybe released after final acceptance of landscaping Improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. if, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised
7. NO WAIVER BY COUNTY. inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped:from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and.protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,.agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred orthreatened
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 anysuit(s),action(s),or other proceeding(s)concerning
said liabilities and claims:
C. The actions causing liability are any actor omission(negligentor non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,"subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)In connection with this work or subdivision,or has insurance
or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby,
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: if Subdivider 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 entry on the subdivision property by 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 County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay,all attorney's fees,and all other expenses of litigation incurred by County In connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,'who shall fulfill all the terms of this agreement as though Subdivider had°contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision,
•kwaap
G.%GrpDatakEngSvclFomis%G WORDWG•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 Larsen&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.
M.irair KAREN
Ccxnrni lon#137M7
Notcry KM#c-CdftnVo
Si attire of No Public Coro Costo County
oolm.£ tic#7.
..
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-GONTRCILLER
TO THE 1REASURER: MARTINEZ,CALIFORNIA
RECENED FROM r
ORGANIZATION NUMBER '7`✓r'�'i
(For Cash Calection Procedures me,Carnty Adminbtmtoes Bulletin 105)
DFSCRIPTK)N FUND/ORG, S TASK OPTION ACTMTY AMOUNT`
` a!
P/A1
r `' i ' r I I
�!} 1
r
L r.
1)0")
J fir? !
L
r
t I I r 1
I
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i 4 2q
`` 1
7L r�
li: r
441,
EXPLANATION TOTAL S +
DEPOSIT
Dep wit consists of the fallowi;;items
F'? ' COIN and CURRENCY $ r
i CHECKS.MO.ETC. $
BANK DEPOSITS S
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT` DP
NUMBER
DATE ` i t T5
ASSIGNED
The amount of nxxW described above is for Treasurers receipt of above amamt is approved.. Receipt of above t is hereby
deposit irrto the Courrty Treasury. acknawled '
DateS.
d '
Tiff`'`r`/ (" / t l Ext. Deputy County Auditor Deputy my Treasurer
D-34 REV.(7-93) „C `
cItaW 53+
COUNTY OF"CONTRA-COSTA
DEPiJS11'PERMIT
OFFICE OF COUNTY AUDITOR'-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM /
r
ice► ORGANIZATION NUMBER.
tI k ;
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUMD/ORG SUL A TASK OPTION AC WITY AMOUNT
,..., f.
�c -
�' I
I
C
_>
I
G'- •/ -' F '.r ( , '1y �t',�xy h,rl r ,� J �I `� '�
/ - I
I
i
I
_I
EXPLANATION: I I I I TOTAL $ I
DEPOSIT I
Deposit consists of the followirg'items
CONN and CURRENCY $
7 CHECKS,MO.,ETC $
BANK DEPOSITS $
1 ` FOR AUDITOR-CONTROLLER USE ONLY
! c.i DEPOSIT ..,
PERAMT
NUMBER DP
DATE
ASSIGNED
The amount of mangy described above is for Trowurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged
Date
a�
Signed.
Titlg EXT 1 / Deputy Counly Auditor Deputy County Treasurer
D-34 REV(7-93) �'
1� COUNTY OF CONTRA COSTA -- GENERAL RECEIPT (r
7 THIS COPY IS G 1189848
DEPT: NOT A RECEIPT
I DOLLARS$
FOR -p(21 0� 000`� (� � P -,5
19 7 00 ()30L) 227 FaLkl
00 r v
CASH ACCT.
BAL.
RECEIVED FROM
pr Yt r L-C� CHECK PAID � •
}; MONEY BAL.
f{ 3yC � ;bY3ORDER DUE
(Dsz REV.7/89)
819800-0800: 61189846, $1,500.00, DG '04-00049, CashBond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61189848,$3,l .00, OG 04-00049, Cash Bond, Windit ere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61189850, $5,300.00, PA 05-0024, Cash Bond, Windemere
BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Scute 500, San Ramon, CA
94583
819800-0800: G1189852, $53,200.00, RA 04-01171, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
9458
819840-0800: 61189853, $1,000.00, RA 04-01178, Gash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189855, $4,200.00, PA 05-00023,Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61189857, $23,000.00,RA04-01178, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189859, '$3,300.0 031)604-00050, Cash Bond, Windemert
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Raman, CA
94583
819800-0800: G1189861, $43.300.00,PA03-00015, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
0682-9752 1139200: 61189425, $309.493.55, Sub 8331, COA'S 80,
86,87,88,105,106, 107, Danville Tassajara Ptrs,'LLC, 6121Ballinger Canyon
Rd, Suite 500, San Ramon,
CA 94583
0682-9752 / 139200: G1189426, $6.500.00, Sub 8331, COA #118A,
Construction of bus stop shelter , Danville `t'assajara Ptrs, LLC, 6121
Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583
0649-966.5 l___1123C70; C11898f7, 16 000:00,. RA__04-0 175, Road__
Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger
Canyon Rd. Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1189825, $100.000.00, Sub 05-08925, Subdivision
Improvement Inspection Fee, , Windemere BLC Land Company, LLC, 6121
Ballinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649=9665 / 112300: G1189831, $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: 61189836, $100,000.00, 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: 61189841, $11,300.00, Sub 05-08925, Landscape
Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 ! 112300: G1189843, $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: G1189845, $29,400.00 DG 04-00048, Drainage
Inspection Fee, Windemere BLC Land Company, LLC, 6121Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1189847, $10.340.00, DG 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 / 112300: 61189851, $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:;,G1189854, $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: G1189858, $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, $18,500.00 DG 04-00050, Drainage
Inspection Fee, Windemere BLC' Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 ! 112300: 61189862, $91,,000.001 PA 03-00015, Landscape
InspectionFee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 9458
819800-0800: G1189815, $1021800.00, RA 04-01175, Cash Bond,
Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,
San Ramon, CA 94583
819800-0800: 61189822, $30,500.00, Sub 05-08925, Cash Bonds
Windemere BLC Land Company,_ L4C�,'_6121 _Bollinger Canyon Rd., Suite 500,
San 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-. 61189838, $2 3Q0.00, Sub 05-08926, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 01189840, $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: 61189842, $1,800.00 Sub 05-08924, Cash'Bond, Windemere
BLC Land Company, LLC, 6121 Ballinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: 61189844, $5,800.00, DG 04-00048, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583'
EXECt1TED 'IN I)MICATE
SnbdivisoAs 13A fl4 049#cross-ref SL1`B B231
Bdad No.• 0. 5%5802
Premium:$3,486.00
INiPROVEMT.NT SECURITY Bay
voR PC LIC RIGHT OP WAY LANDSCAPE AGRMUNT
(performance, Guarantee,and Payment)
(California.Government Code Sections 66462 and 66463)
1. f'tr~CIT.�� OF S[tanWrAkf_tE mg T: The Principal has executed an agreement with the''County to
install and pay far public right of way landscaping, and other related improvements in lA', -a�Ct4
(gross ref S1.1 =8923)' as specified.in the Subdivision Agreement(Right ofWay Landscaping),and
to cornptete said work within the time specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. C3 rLtGA 'IC1N: VJ indemere BL C C LLC ,as Fiincrpal aril
Arch Insurance Company a corporation organized existing under
the laws ofthclState of rtiugsr „ and authorized to transact surety
business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators,successors, and assigns to the County of Contra Costa, California to pay!it:
A. Performance anaCuar�antee: Three-Hundred Port Ei l~i ousand Six e an 00/ {10
Dollars($ 34.1.!600.00 1 for itself or any city assignee under the above County
Subdivision Agreernem,plus
B. Payment., e 11undred Seventy Six'l housancl l~ifty and W100 Dollars'($
to secure the claims to which reference is made in Title Xyl(commencing with Section 3092)of Part
4 of Division-Ill 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 providers,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
assignee),its officers,agents and employees,as therein stipulated,Hien 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 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 held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred 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 in 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 hc-reby expressly;atipulated 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 ofDivision 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null 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 ham liability on this bond;and consent is hereby
given to make such alteration without farther ttotice 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 SEALER on July 13, 2005
PRINCIPAL: See attached signature block SURETY: Arch Insurance Company
Address: 6121 ,Ra11-rnger Lanyon Rd. Ste. 500 Address, ' 135 N. Los' Robles Ave. #825
City San Ramon, CA zip: 94583 City: Pasadena, CA tZip: 91101
'7
By< By: 4e =U
-
Print Mame: Print Name: Rosa E. Rivas
Title: Title: Attorney-In-Fact
nw
W'Wy1 StLaRDaTnGrpDaraE,sgavtFontv6N wORDtN-&ZAtloc
:..:. .. .:- ... x- -x-::z.....z..:..:.........
WINLIEMERE BLC LAND COMPANY,LLC.,a California
limited liability company
By. LEN-OBS WINDEMERE,LLC.,a Delaware limited
liability company,its Managing Member
By.LENNAtt HOMES OF:CALIFORNIA,INC.,a ornia
Corporation,its Matging Member
B .
Lawrence H.Thompson,Vice President
By:Uu,
Glee 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.
Commission# 1453610
Notary Public-California
a*t " Orange County
= My Comm.Expires Nov 28,2007
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:
Lawrence H. Thompson —Vice President Lennar Homes of California Inc.
Dee Baker- Assistant Secretary Lennar Homes of California, Inc.
DESCRIPTONOF ATTACHED DOCUMENT
Type of Document Surety Bored No. SU 5015802
Number of Pages: Three (3)
Date of Document: July 13, 2005
Signers'{other than those named above):Rosa E. Rivas
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On July 13 2005,' before me, Rhonda C.Abel, Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC'
personally appeared Rosa E.Rivas
NAME(S)OF SIGNER(S)`
® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be theperson(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/sire/they executed the same in
his/her/their authorized cpacity(les), 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.
RHONDA C.ABET.
COMM.#1312777
PUBLIC-CALIFORNIA
NGE COUNTY SIGNATURE OF NOTARY
" C7RA
4 COMM,EXP.AUG.4.2005�
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 PERSON($)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION-'8236 Remmet Ave. P.O.Box 7184-Canoga Park,CA 91309-7184
POWER OF ATTORNEY
Know All Man 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,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelie-Rheault,Ashley
Ward, Grace Reza and Rosa E.Rivas of Irvine,CA(EACH)
Its true and lawful:Attorney(s)-in-Fact,to make,execute,sear,and deliver from the date of Issuance of this powerfor and
on its behalf as surety,and as Its act arid deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to snake, execute, seal and deliver bands 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 bands In order to bring each such band
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':,presents. shall- be as binding upon the said
Company as fully and amply to all Intents and purposes, as if ttie same hacl..been iuiy executed and acknowledged by Its
regularly elected officers at its principal office in Kansas City,Missouri.
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
and Med with the Secretary, or tate Secretary small have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizences, 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, sealed 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 Vice President, the seat of the Company,and
certifications by the Vice President, may be affixed by facsimile on any power of attorney or bond executed pursuant to
the resolution adopted by the Board 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 uCi 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 ' 14th day of June ,200
Arch Insurance Company
Attested and Certified
C4RPtlINTF
364E _.
Mary Jea An rsori''ttice President Edward M.Titus,Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
t, Kate Marcinkus, a Notary Public,do hereby certify that Edward M. Titus and Mary Jeanne Anderson personally known
to me to be the same ,persons whose names are Vice Presidents of the Arch 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.
NOTARIAL SEAT
KATHLEEN MARCINKUS,Notaq Pubil _
City of Phlladelplifa,Plilla.County Kathleen Marc nkus, N tart'Public
M Commission Expl; Febr 25,2006 My commission expires 2-25-06
.CERTIFICATION
1, Mary Jeanne Anderson, Vice President of the Arch Insurance company,,do hereby certify that the attachedPower of
Attorney dated June 14, 2005 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 isInfull force and effect on the date of this certificate;and I,do
further certify that the said Edward M. Titus, 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 txe a orates !-st t Arch Insurance
Company on this 13th day of July, ,2005
Mary Je ne' derson,Vice President
This Power of Attorney limits the acts of those named therein to the bonds and ndertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Contractors&Developers Group
135 N.Rubles Ave.,Ste.825
Pasadena,CA 91101
once
X(y 'rat
f&.... 167t
OOML0013'00 03 03
Page 2 of 2 Printed In U.S.A.
..3!!f:A N 9 :NNlN 9113 91lN:3s aNN:' aN9 :t3 IIII NI9 ;apmmNOM
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IMPORTANT NOTICE CONCERNING THE TERRORISM RISK
III aUl l�lC ,ACS' t' I` 2002
The Terrorism Rids Insurance Act of 2062 estanlisbes a mocha ism by which the federal government will share,
with the insurance industry', in losses arising out of "acts of terrorism" certified as such Iby the Secretary of the
Treasury. "Certified acts Of terror!srn°'are defined as evens that:ccause more than million in lasses and:
1. ane violent or dangerous to human life, property, ter the infraistructure:
2. Result in damage Within the United States, on a United States Mission, or to a United States aircraft or
vesseiF antf
3. ,Are committed by individueis, acting On behalf of foreign persons or interests, as part of an effort to coerce
the civilian population of the United States or to influence the policies or conduct of the United States
ovement,
The Act Sp pifies that coverage far "certified acts of terrorism' must be matte available in commercial pr pe
and casualty policies of insuronce, and It requires insurers to disclose arry,applicable premium'charges and the
federal share of compensation.We are making these disclosures in"strict tompliAnce with the Act.
Disclosure of Avallab lity of Coverage for Terrorism Masses
coverage for losses resulting from "certified acts of terrorism" is being made available to you on terms, amounts,
and limitations generally applicabte to losses resulting from perils other then acts of terrorism. '
Disclosure of Federal Share of Compensation for Terrorism Losses
The federal govorrimeht will pay a 90%'share of an insurer's terrorism losses once the insurer has satisfied a
signfficant"aggregate annual deductible_ For terrorism losses occurring in 2,002, that deductible is 1% of the
insurer's 2001 direct earned premium. For lasses occurring in 2,0,00., 2004 and 2005, the annul insurer
deductibles are 7%, 10% and 15% of the prior yoars direct earned premium, respectively. Tha-,Act provides that
neither insurers nor the federal government are responsible for losses associated with"certified acts of terrorism"
since aggregate annuat insured losses exeeed $100 Million.
Disclosure of Terrorism Insurance Premium
Your Bono# premium'charge for"certified acts of terrorism"coverage is$Q.
R$0,37(Ed. 11 tf2) Paige 1 of"'1 Printed in U.S4A.