HomeMy WebLinkAboutMINUTES - 11012005 - C4 w
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TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: November 1, 2005
SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00049 (cross-reference Subdivision
04-08923),being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty
Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No, 2005/ 7x for DA 04-00049 (cross-reference Subdivision 04-08923), approving the
Drainage Improvement Agreement for project being developed by Windemere BLC Land Company, LLC, San
Ramon(Dougherty Valley),area. (District 111)
FISCAL IMPACT:
None.
BAC'KGROUNDIREASON(S) FOR RECOMMENDATION(S):
The Drainage Improvement Agreement has been reviewed and processed by Public Works staff and meets all
applicable conditions of approval.
CONSEQUENCES OF NEGATIVE ACTION:
The Drainage Improvement Agreement will not be approved and the improvements will not be complete.
Continued on Attachment: ✓ SIGNATURE:
t,.RtCOMMENDATION'OF COUNTY ADMINISTRATOR
_
RECOMMENDATION OF BOARDCOMMITTEE
t-ATPROVE OTHER
SIGNATURES . `
ACTION OF BO ON Y 6,e,0 APPROVED AS RECOMMENDED VfOTHER
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
VOT OF SUPERVISORS �j/�� date Shown.
UNANIMOUS(ABSENT /f/0 ,
AYES: NOES
ABSENT: ABSTAIN:
ATTESTED:
JOHN SWEETEN, Clerk of the Board of
Originator:Public Works(ES) �-+
Contact: Teri Ric(313-2363) Supervisors and County Administrator
TR:rm
G:\GrpDatMEngSvc\R0\200511 1-01\DA 04-00049 BO-20.doc
CC: Pubic Works T.Bell,Construction
T—August 11,2005
Windetnere BLC Land Company,LLC
6121 Bollinger Canyon Road,#500 By. s Deputy
San Ramon,CA 95831
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd,Penthouse
Glendale,CA 91203
Attn:Jeri Apodaca
THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 1, 2005,by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES; None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/
SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00049(cross-reference
Subdivision 04-08923),being developed by Windemere BLCLand Company,LLC,
San Ramon(Dougherty Valley)area. (District III)
The following document was presented for Board approval this date for Subdivision 04-08923,
drainage acceptance file DA 04-00049,property located in the San Ramon(Dougherty Valley)area,
Supervisorial District III.
A drainage improvement agreement with Windemere BLC Land Company,LLC,principal,
whereby said principal agrees to complete all improvements, as required in said drainage
improvement agreement,within two years from the date of said agreement.Improvements generally
consist of drainage improvements.
Said document was accompanied by security to guarantee the completion of drainage
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
Originator:Public Works(ES) and entered on the..minutes of the Board of Supervisors on the date
Contact: Teri Rie{313-2363}
TR:rm - - shown.
GA3rnData\EngSvc\B0\2005\i 1-01\DA 04-00049 BO-20.doc
cc: Pubic Works- T.Sell,Construction
T-August 11,zoos ATTESTED: tfG a�,�x'�'C/ ?t%5`
windemere BLC Lana Company;LLC �'
6121 Bollinger Canyon Road,a500 JOHN SWEETEN Clerk of the Board of Supervisors and Count
San Ramon,CA 95831 ' l� y
Attn:]Brian Olin Administrator
Fidelity and Deposit Company of Maryland
901'N.Brand Blvd.,Penthouse
Glendale,CA 91203
Attn:'Jeri Apodaca
By ,Deputy
RESOLUTION NO.2005/
SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00049 (cross-
reference Subdivision 04-08k3),being developed by Windemere BLC Land
Company, LLC, San Ramos(Dougherty Valley) area. (District III)
DATE: November 1,2005
PAGE: 2
I. Cash Bond
Performance Amount: $1,500.00
Auditor's Deposit Permit No. DP451038 Date: September 12, 2005
Submitted by: Windemere BLC Land Company, LLC
Taxpayer identification number: 94-329-15-16
H. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 0882105 July 13,2005
Performance Amount: $149,500.00
Labor&Materials Amount: $75;500.00
Principal: Windemere BLC Land Company, LLC
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
do
DR ATI IAGI IIvfPRaVEMOT AGI EM I*t I
Subdivision DA 04-00049(cross ref SUB 8923Effective Date;
beveloper: indeMer BLC Land Co,In}innyVLLC Completion Period: S year
WINDEMERE BLC LAND COMPANY,LLC
THESE SIGNATURES ATTEST T13-'-THE PARTIES''AGREEMENT HERETO: A California limited liability company
By:LEN-OBS Windemere,LLC,
CONTRA yOSTA COItI�ITY : DE\l'ELOPER:A Delaware limited liability company
Maurice M.Shiu,Public Works Director Managing Member
By:Lennar(Homes of California,Inc.,
Managing Member
By: f7
(signature)
MENDED FOR APPRDVAL (print name&title) ul enaker,Asst.'Secretary
Byrr\Al(�&
(signature)
Engineerirfg rices vision (print nage&t° e) n-Lahon,dice President
FORM APPROVED: 'Victor J.Westman,County Counsel
(NOTE: AH sigt{sum to be acknawtatigett.If Dovelopes b iworponK 4�sipuitures neat
conform with the designated'representative groups:pursuant to'Corpotatians CodeS313.)
I. PARTIES 8i DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Cotut "and the above-named
e elo er mutually promise and agree as follows concerning this acceptance:
2. TMPROYEM EN T'S.'Developer agrees to install`certain tiff-tract drainage improvements and such other improvements(including appurtenant
equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and
in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
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 SECUR-TY.Upon executing this Agreement,the Developer shall provide as security to the County:
A. For I rf nee and Guara tto: S 1,500,00 cash,plus additional security,in the amount ofS 149. 00.00
together total one hundred percent(100%x)ofthe estimated cost of the work, Such additional security is presented in the foam of.
Cash,certified check,or cashier's check.
X Acceptable corporate'surety blind.
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.:
0. )?or Payment: Security in the amount of$ 75,500.00 which is fifty percent(501%)ofthe estimated cost of
the work.Such security is presented in the form of
Gash,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 fumishing
labor or materials to them or to the Developer.Upon acceptance ofthe work as complete by the Board of Supervisors and upon request ofthe Developer,
the amount of the securities may be reduced in accordance with S94-4.40,6 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 satisfactorily for a period of one(I)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.
S. 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. If,at any time before the Board of Supervisors accepts the work
as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever
changes are necessary to accomplish the work as promised.
6. NO WAIVER BY COUNTY Inspection ofthe work and/or materials,or approval ofwork and/or materials or statement by any officer,agent or
ce e
employee 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.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 ar&anliability or claim for damage of any kind allegedly suffered,incurred or threatened because of
y
actions defined below,and including:personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of
whether or not such liability,claim or damage,was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as
complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims.
C. The actions 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 indemnityy has
prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
COS
8. . Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE AND COST'S 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 contractor 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.
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 proceeds to complete 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 attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
to. ASSIONMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
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%NPWS4%SHARDATAFGrpDataTngSvrW-omis1AG WORMAG-I 7.doc
Rev.April 6,2000
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Mate 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 theirsignatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
MOW&16
ICKREf+t'1.t{ MAN
co"vY n#1378827,
I+iutrxy Pubk-Ccctia `
Signature of Notdry Public Contra Costo County
AAvGom .Eamest f7."x' .
COUNTY OF CONTRA COsrA
DEPORT PERlllltil`
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEM FROM J
ORGANIZATION NUMBER
(For Cash Collection Procedures me Cm-Ay Adnirristoator's Bulletin 105.)
DESCRIPTION FUNDXWG. ACCT. TASK OPTION ACTMTY AMOUNT
S 1
r.
LL.4
f {t
r �
I
.�, (`fit ... 'J:" .�1 ,�Y n ,7�( /!"' J.•rt
ti4 {
.'V
,s
lk 416
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tI s f 1
EXPLANATION: TOTAL $ �
DEPOSIT
r T
/ ) Deposit consists of the following iterns
j: f? 1 `i / f_.' '' r: COIN and CURRENCY $ �t
r _ CHECKS,W1,ETC $ a
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE OhilY
DEPOSIT
PERMITDP
NUMBER
DATE `05
ASSIGNED
The amount of nkorW'described above is for Treasurer's receipt of above amount is approved' Receipt of above owQwt is hereby
deposit into the County Treasury. � ��✓���� acknarwled
Si i' Date . 1���"". 'rrinl�' '� r•`lr
i
EXT ` 11 `f .Nputy.Caunty A.*— Deputy arty Treasurer
REV.(7-93) rj tt �r2 1 r 1
COUNTY OFCONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIV'EDFROM
ORG&NIZATION NUMBER
L/ C
(For Cash Collection Procedures see County Adrninktrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB. TASK OPTION ACTIVITY AMOIJNT
ACa..
$
L V
4"
V -7
V.
7 2
-A I
I I I I t I I I A-L-A I I I I I I I
IXptA�TION: TOTAL $
DEPOSIT
Deposit consists of the following itwns
COIN and CURRENCY $
CHECKS,M.O.ETC. $
RANK DEPOSITS
$
FOR AUDITOR-CONTROLLER USE ONLY.
DEPOSIT
PERMIT -Z/'!!Z
NUMBER DP
DATE
ASSIGNED
The amount of money described'above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
deposit into the County TTeasury. acknowledged
Date -a"ll
Signa&-4
Signed signect
Title, i, EXT Deputy County:Auditor Deputy County Treasurer
D-34 REV.(7-93)
COUNTY , F CONTRA COSTA''- CENER RECEIPT //"'� (�
' f - in - ;S THIS COPY IS lC}
DEPT:0 tip , Apli--- NOT A RECEIPT
DOLL..ARS$ r
FOR -7 [
00 �I�� ' � � �0 f UMC P
E "v
CACCT.
ASH _
BAL.
RECEIVED FROM
5 �^yi ;�(� ,++ pp CHECK PAID
} MONEY BAL.
rt` ORDER DUE
By: s
(D57.REV.7/89)
819800-0800: G1189846, $1.566x.00, 06 044-00449, Cash Bond, Wind mere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd. Suite 500, San Ramon, CA
94583'
819800-0800: 61189848, $3,500.00, D& 04-00049, Cash Bond, Windemere
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. Suite 500, San'Ramon, CA
94583
$19800-0800: G1189852, $53.200.00, RA 04-01171, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583'
819800-0800: G1189853, $11.000.00, RA 04-01178, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger.Canyon Rd'., Suite 500, SanRamon, CA
94583
819800-0800: G1189855, $4.200.00, PA 05-00023, Cash Band, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1189857, $23.000.00,RA04-01175, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San' Ramon, CA
94583
819800-0800: G1189859, '$3,300.00,t`3G04-00050, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger'Canyon Rd., Suite 500, San'Ramon, CA
94583
819800-0800: G1189861, $43.300.00,PA03-00015, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Ballinger Canyon Rd., Suite 500, San Ramon, CA
94583
0649.9665 l 112300; G1189862, $90.000.010, PA 03-000315, , Landscape
Inspection 'Fee, Windermere BLC Land Company, .LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
819800-0800: G1189815, $102,800.010, 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 Bond,'
Windemere ,BLC;Land Com nny,_'LLC--, 6121 :Bollin _er Can ion 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
8198000-0800: G1189838, $2.3010.001, 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'Raman, CA'
94583
819800-0800: G1189842, $1.800.00, Sub 05-08924, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd. Suite 500, San Ramon, CA
94583
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
0649-9665 / 112300; G1189843, $11.700.00, ;.Sub '05-8924, Landscape
Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1189845, $29,400-00 bG 04-030048 Drainage
Inspection ,'Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665" / 112300: G1189847, $10.340.00, DG 04-00049, Drainage
Inspection 'Fee, Windemere BLC LandCompany, 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: G1189851, $27,500.00, PA 05-0024, Landscape
Inspection Fee, Windemere BLC" Land' Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, Son Ramon, CA 94583
0649-9665 / 112300: 611$9854,"`$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: 61189856, $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, brainage
Inspection;Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0682-9752 / 139200. 61189425, $309.493.55, Sub 8331, COA`S 80,
86,87,88,105,106, 107, Danville Tassajara Ptrs, LLC, 6121 Bollinger Canyon
Rd, Suite 500, San Ramon, ,
CA 94583
0682-9752 / 139200: 61189426, $6,500.00, Sub 8331, COA #118A,
Construction of bus stop shelter Danville Tassajars 'Ptrs, LLC, 6121
Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583'
17649-9665 / 1123{)0: 611$9817, 15�t?. Ua, RA -ilP 175, Road_
Acceptance Inspection, Windemere BLC Lund 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
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: 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, $100,000.00, 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, $13,640.00, 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
EXECUTED IN MPLICATE
Development: D—A 0€49 ftross-ref M SO
Bo, d No: 08821655...
Premium:$1,420.00
IMPROVEMENT SECURM BOz'o'ti
Fox DRaixAGE fMPROVEMENT AGREEM'EN'T
{Performance, Guarantee,and Payment}
(California Government Code 66499-66493.14)
ftCtTAL of DRAINACE IMPROVEMENT AGRE M.ENT. The Developer (Prmcipal) has executed an
agreement with the County. on Contra'Cosra,, California to install and pay for drainage ,and other
improve ments 13A 9A:Q�49(cross-ref St.Tl 19231 and to complete said work' within the time
specified for completion in the.Drainage Improvement Agreement, all in accordance with Mate and local
taws and rulings.
2. 081-ICATION., Windemera' CLand Corn fug LC ,ast?rincipat and
Fidelity and 'Deposit Company of Marylon
a corporation organized existing
under the laws ofthe State of Margland and authon2ed to transact surety
business in California, as Surety, hereby jointly and severally hind ourselves; our heirs, -executors,
admicisxrators,;successors and assigns to the County of Contra Costa,California wilpay as follows.
A. erformanci One Hmd_red-Fony Nine'Thousan `ve Hund eel and 40/100 dollars
(S 149300.00 ) for the County of Contra Costa or any cite assignee under the above
County`R2 ad:improvement Agreement,plus
B. Payment. Sevent Fite T ousand Fiv Hurn e d C1(l/'1D0 0 ( 7S4SQ0,fln
to secure the claims to which reference is matte in"Title;15 §§et seq.of the Civil Code ofthe 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 heirs,executors,administrators, 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 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)officers,agents and
employees,as therein stipulated,thea this obligation shall became null and void;otherwise it shall be
and remain in full force and ef'f'ect
As part of the obligation secured hereby and in addition to the face amount specif e4 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 obligation, all to be
taxed as costs and included in any judgement therein tendered.
............. .......................................................... ............................ ............ ........... .......................................... ................. ......................
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 urim 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 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 attorneys fees,incurred by
the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded
and fixed by the court all to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082 of Part 4 of Division 3)of the Civil Code of the State 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 Uiis obligation shall
become null and void; otherwise, it shall be and remain in fall force and effect.
C. No alteration of said Drainage Improvement 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 further notice to or consent by Surety and the
Surety hereby waives the provisions of California Civil Code Sec-tion 2819 and holds itself bound
without regard'to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED.
The undersigned executed this document on Ady 13, 2005
Fidelity., "d Deposit Company
PRINCIPAL: See attached signature block SURETY of Maryland
Address: 6121 Bollinger Canyon Rd. #500 Address: 801 N. Brand Blvd. , Penthouse Suite
City: San Ramon, CA 94583 City: Glendale, CA 91203
By: By:
Print Name: Print Name Apodaca
Title: Title: -Attorney-In-Fact
Attomey-in-FacE
wilm
..........
. ..... .......................
WINDEMERE BLC LAND COMPANY,LLC.,a California
limited liability company
By;LEN-ORS WINDEMERE,LLC.,a Delaware limited
liabilibycompany,its Managing Member
By:LENNAR HOMES OF CALIFORNIA,INC,a California
Corporation,its Managing Member
Lawrence H.Tbompso ice President
B :
y
Dee Baker,Assistant Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On July 14, 2005 before me,;Dina Print , 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 PRtNIY
�.,
Commfssoon#1453610
Notary Public-Collfornlo
� µ grange County
My Comm,Expkas NoV 28,2007
OPTIONAL
Though the data below is not required bylaw, 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. Thomson —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 08821655
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 grange
On July 13 2005 before t't'►e, Rosa Estela Rivas,`.Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.;"JANE DOE,NOTARY PUBLIC"
personally appeared .Teri Apodaca
NAME(S)OF SIGNER( )
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(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.
PSA ESTELA RIVAS
YCOMM,# 1447661 g WITNESS my hand and official seal.
NOTARY PUBLIC CALIFORNIA� �-
OFRANt COUNTY
y comin,expires Oct.28,2007
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not requiredby law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this farm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
'INDIVIDUAL
❑ =.CORPORATE OFFICER ;
TITLE OR TYPE OF;DOCUMENT'
TITLE(S)
❑ PARTNER(S)' H
LIMITED
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
5.4067/GEEF 2198 01893 NATIONAL NOTARY ASSOCIATION'-8236 Remmet Ave.,P.O.Bax 7184•Canoga Parc,CA 93305-71184
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 Vl,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 e ac e,execute,seal and
deliver,for,and on its behalf as surety,and as its act and dee ,and the execution of
such bonds or undertakings in pursuance of these r p any,as fully and amply,to all
intents and purposes,as if they had been ac gularly elected officers of the Company at
its office in Baltimore,Md.,in rs e a orney revokes that issued on behalf of Jeri
APODACA,dated 7,
The said Assistant14 t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,;of the By- any,and is now in force.
IN WITNESS W 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 loth day of April,
AD.2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
►a�
ZZ 19
IM
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, carne PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANYOF 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.
"AAZ- LjWt—A"WA�t—
f
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025J
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 Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute an 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
I,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 Attomey-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 maybe 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 1 Qth 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
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ZURICH
THIS IMPORTANT DISCLOSURENOTICL IS PART CSF YtJT,R HND
'Fidelity and Deposit Company of Maryland;Colonial American Casualty and Surety Company,Zurich American
Insurance Company, and American Guarantee and(liability Insurance Company are making the following
informational disclosures in,compliance with The Terrorism Disk'Insurance Act of 2002. Into action is required on your
part.
,Disclosure of Terrorism Prefium
The premium charge for risk of loss resulting from.acts of'terrorism(as defined in the Act)under this bond is
$'waived..._. This amount is reflected in the total premium for this bond.
Disclosure of Availability of`Coverage for Terrorlsm Los es
As;required by the Terrorism Risk Insurance Act of 2002,we Have made available to you coverage;for losses resulting
from acts oftmon'SM(as defined in the Act) with terms, amounts, and limitations that do not:differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Coma 'sJerrorism Losses
The Terrorism kisk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company lasses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid
losses in excess of an annual aggregate deductible. "ror 2002,the insurance company deductible is l%ofdirect earned
premium in the prior 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 2005, 15% of direct earned premium in the prior year. The federal share'of an
insura.rrce company's losses above its deductible is 90%. In the event the ignited 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 Terrorisrrr
The Terrorism Risk Insurance Act defines"act of terrorism"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 States in the case of an air carrier
(as defined in section 40102 of title 49,United 17 States Cada)or a United States flag vessel (or 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 Staten,or the premises of a United States 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 Government 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' canipensation)or property and casualty insurance losses resulting from the
act, in the aggregate,do'not exceed$5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond,
Copyright Zurich American 1nsui ince Company 2003