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HomeMy WebLinkAboutMINUTES - 11012005 - C5 TO: BOARD OF SUPERVISORS R FROM: MAURICE M SHIU, PUBLIC WORKS DIRECTOR ' V DATE: November 1,2405 SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00050(cross-reference Subdivision 03- 08508),being developed by Windemere BLC Land Company,LLC,San Ramon(Dougherty Valley) area, (District ITI) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/ "/0 for DA 04-00050 (cross-reference Subdivision 03-08508), approving the Drainage Improvement Agreement 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 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: 'i--" SIGNATURE: kf A V _ COMMENDATION OF COUNTY ADMINISTRATOR �R,.E�COMMENDATION OF BOARD'COMMITTEE :;' PPROVE OTHER r y SIGNATURE(S): ACTION OF BOA N8�/G 7�! !'.7►' OleSZAI tS'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 SUPERVISORSdate shown. V UNANIMOUS(ABSENT G7r'ty l AYES:; NOES:• ABSENT: ABSTAIN: ATTESTED/�/Ou�'G..�".�.'r't�<� Originator; i3i63Ct : TerRie( 23 ) JOHN SWEETEN, Clerk of the Board of TR:>r c:\crPgaza\E„gSvcs0\2005\13-01\nA04-00050ao-ao.doc Supervisors and County Administrator cc: Pubic Works- T.Bell,Constitution T—August 11,2005 Winder here BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 + San Rammn,CA 94583 Attn:Brian oun By _ - Deputy Fidelity and Deposit Company of Maryland 801 North Brand Blvd.,Penthouse Ste Glendale,CA 01203 Attn:Jeri Apodaca THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 1, 2005,by the fallowing vote: AYES: Gioia,Piepho,DeSaulnier,Glover and'Ullkema NOES: None ABSENT None ABSTAIN: None .......... RESOLUTION NO. 2005/ Rlp b SUBJECT: Approving the Drainage Improvement Agreement for DA 04-00050(cross-reference Subdivision 03-08508),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 Subdivision 03-08508, drainage acceptance file DA 04-00050,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 one year 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: tablet 313 36 Contact: Teri Re(313-2363) on and entered the minutes of the Board of Supervisors on the date 3 TR:rm shown.G\GrpData\FngSvc\BO\2005111A1UDA 04-00050 BO-20.doc cc: Pubic Works- T.Bell,Construction T—August 11,2005 winden>ere scc land coMany,LLC ATTESTED: �����+� (V/ 6121 Bollinger Canyon Road,Suite 500 San Rattan,CA 94583 JOHN SWEETEN,Clerk of the Board of Supervisors and County Attn:Brian Olin Administrator and Deposit Company of Maryland 801 North Brand Blvd.,Penthouse Ste Glendale,CA 01203 Atte:Jeri Apodaca By � _`_71 - - Deputy RESOLUTION NO.2005/ SUBJECT: Approving the Drainage Improvement Agreement for DA 04.00050(cross-reference Subdivision 03-08508),being developed by Windemere BLC Ladd Company,LLC, San Ramon(Dougherty Valley)area.(District D ) BATE: November l,2405>> PAGE: I Cash Bond Performance',Amount: $3,300.00 .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 Bead Bond Company: Fidelity and Deposit Company of Maryland Band Number and Date: '08821665 July 26 2005' Performance Amount: $329,700.00 Labor'&Materials Amount: $166,500.00 .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. s (xv" DRAIN&=IMPRC3�IM 49R= Subdivision: x-r S Q Effective Fate: �� (•� > Developer. Completion Period: 2 year WINDEMEREBLC LAND COMPANY,LLC A California limited liability company THESE SIGNATURES ATTEST TO THE PARTIES,AGREEMENT HERETO: By:LEN-OBS Windemere,LLC, A Delaware limited liability company C%MA,.WOUAL7On I EV I 'ER ManegingMember Maurice M.Sfiu,Public Works'DirectorBy.Lennar liatnes of California,'Ine., Managing Member By; c (signs } (3 E P OVA (print name&title Pau er,Asst.Secretary By. C-1114&- ,X (signature_) Engineering S ces Di 'sion (print name&"e) onon,Vice President FOB2M APPROVED,•'Victor J.Westman,County Counsel (NOTE; All signatures to be acknowledged,If Ihveksper is intotporated,signatu ms nVist conform with the designated representative gawps pursnam to Corporations CodeS313'.) l. PAKTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Quttt ,"and the above-named P-syeloper,mutually promise and agree as follows concerning this acceptance: 2. lMi'ROV gMENT'S.Developer agrees to install certain of€-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 shalt 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 rude thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SF.,CU#2ITY.Upon executing this Agreement,the Developer shall provide as security to the County; A. For Performance gild ilk,ate,ntee. $ 3. pQ casts,plus additional security,in the amount of$ 329.700.00 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 cashier`s check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance, B. For Paymertt; Security in the amount of$ l66„500.00;. --,which is fifty percent(50%)of the estimated cost ofthework- Such security is presented in the form of i Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment`or furnishing labor or materials to them or to the Developer.Upon acceptance o€the work as complete by the Board of Supervisors and upon request of the Developer,', f the amount of the securities may be reduced in accordance with 594-4.406 and 594-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY Og WORIS. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board ofsuperrvisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work am 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 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 andtor materials,or paymentstherefor,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. INDDEMMTY; 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. Theliabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement,plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other 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 indemnity has prepared,supplied,or reviewed any plans)or specifications)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. 8. COSTS. Developer shal l pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AM COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by 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 attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. 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 andtor,any deposit,bond or letter of credit securing said rights. RLkw WWS93SHARDATA\GrpData*ngSvc\F+onns\AG WORD1AG-17.docc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } State of California' oT ss: County of 1 QS-C'f On ` before me, 99N t . � f°u � JJat P.&—kr— Date Name and Tata of Officer(e.g.,'Jane Doe,Notary Public") personally appeared 1t�t k_f i' ^ — ' Nantes)of Signer(s). V personally known to me 0 proved to me on the 'basis of.satisfactory evidence - - to be the person(s) whose name(s)-!sure KAREN L KEENAN subscribed to the within instrument and Conwtiliaion#;37gg37 acknowledged to the that heA~heY executed' twory Public_GC#r[orttiia the same in hisAer/their authorized Centra Coft CountY capacity(ies), and that by ;,hiel, rltheir Cerrxr�E C+Ct7 signature(s)on the instrument the person(s),or the entity upon behalf of;which'the person(s) acted, executed the instrument. WITNESS y hand a of#i i seat:. .Signature of rY Public'- - OPTIONAL Though the information below is not required by taw,;it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documents Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Cpacity(ies)Claimed by Signer Signer's Name: ' . Individual Top of thumb here El Corporate Officer—Title(s): Ll Partner —E Limited C General 0 Attorney-in-Fact E Trustee G Guardian or Conservator G Other. Signer Is Representing: 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402.Chatsworth,CA 91313-2402-www nationafnotary.org Prod No.5907 Reorder:Call Toll-Free 1-600.876.6627 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER- MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATIONNUMBER � ;' � •(tel kc (For Cash Collection Procedures see County Administrator's Bulletin 105.) DE5CR(PTION FUND/ORG. AC TASK OPTION ACTIVITY AMOUNT $ 1 r ^} f. !'' 5 1�`.. /(.-•rte f{f z '— -- __4 r i'r'r! t r~yf I /71 11) 4 tiij LPr'i.J /�fr •i..� l s r -r LK{... -w ''ter { �.t.i.. r✓ EXPLANATION: TOTAL $ I ' l DEPOSIT T y ', ,r�� C�/ t ! J'L Deposit consists of the folim ing items CONN and CURRENCY $ CHECKS,MA.,ETC. $ _3 l9q1 !' 1 BANK DEPOSITS $ FOR AUINTOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DATE 4��D��` 1 14p� ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above is herels�. deposit'into the qty Treasury, acknowled Signed J"'1111' EXT. .: 1i `j Putt Y,eurddor Deputy ourrty Treasurer D-34 REV.(7-93) ) COUNTY OF CONTRA COSTA DEPOW PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER' TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ! c% ORGANIZATION NUMBER (For Cash Collecfion Procedures we County Adminis�s Bulletin 105.) DESCRIPTION FUND/ORG ATASK OPTION ACTIVITY AMOUNT` e, r; i i yv i e 3 aL?• �.. 7J l j EIEPLANATION: TOTAL $ i DEPOSIT i Deposit,consists of the following items COIN and CURRENCY $ CHECKS,M Q ETC. $ " .. BANK DEPOSITS $ r-� 1 FOR AUDITOR-CONTROLLER tkSE ICY DEPOSIT PERMIT NUMBER DATE — r L 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 Treasury. acknowledged Dote Signed;. Signed: Title: f$'. P g - EXT. !' i Deputy County Audit- Deputy County Treasurer D-3A REV.(7-93) +r COUNTY OF CONTRA COSTA'- GENERAL RECEIPT - f � THIS COPY IS G 1 1 9 5 DEPT: = -- --� NOT A RECEIPT -+7 � DOLLARS$ �! r e2— FOR 2FOR t v /0 CASH ACCT. BAL. RECEIVED FROM CHECK AMT. J�J r` p4ff PAID J'u MONEY SAL. ORDER DUE ' 7 L1 BY: W57,REV.7/89} 819800-0800: 61189846, $1,500.00, DG 04-00049, Cash Bond, Windemere BLC Land Company, LLC, 6121 BollingerCanyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189848, $3,500.00, 06 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 819800-0800: 61189852, $53.200.00, RA 04-01171, Cash Bond, Windemere BLC Lund 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 94583 819800-0800: 61189855, $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: '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: 61189859, $3.300.00,0604-00050, Cash Bond, Windemere BLC Lund Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189861, $43,300.00,PA03-00015, Cash Bond, 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, San Ramon, CA 94583 819800-08010: G1189815, $102,800.00, RA 04.01175, Cash Bond, Windemere BLC Land' Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189822, $30.500.00, Sub 05-08925, Cash Bond, Windemere BLC Land Company� LLC, 6121 Boilinger Canon.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, $2.300.00, Sub 05-08926, Cash Bond, Windemere BLC Land Company, LLC, 6121 Ballinger 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: G1189842, $1,800.0 , Sub 05-08924,,Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger'Canyon Rd., Suite 500, San-.Ramon, CA 94583 819800-0800: 61189844, $5,800.00, bG 04-00048, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61189843, $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, DG 04-00048, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 61189847, $10,300.00, DG 04-00049, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Ballinger 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 Ballinger 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 Ballinger Canyon Rd., Suite 500, San Ramon,CA 9458 0649=9665 / 112300: 61189854, $5,900.00, RA 04-01178, Road Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Ballinger 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: 61189860, $18.500.00, DG 04-00050, Drainage 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 5010, San Ramon, CA 94583 0682-9752 / 139200: G1189426, $6,500.00, Sub 8331, COA #118A, Construction of bus stop shelter , Danville Tassajara Ptrs, LLC, 6121 Bollinger Canyon Rd, Suite,500, San Raman, CA 94583 0649-9665 l ]123130: 61289817; -$-150'.0©0 10, RA -04-03175, 12oad Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649=9665 / 112300: 61189825, $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 Raman, 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: G1189841, $11,300.00, Sub 05-08925, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 s EXECUTED 'IN DUPLICATE bevrtopment: PA 04 0050(50(%- re 51M 85081 gond lva; 08821665 Premium:$3,132.00' IMPROV9MINT StcupuTY 0014 t POR DRAINAGv l,+4t OVRMENT AGftOMENT l?exforruartct £guarantee,and l'aysrtentl' (California Govannient Code §§65499-66499.10) 1. RgCiTAL GP DRAINAGE ZMPROVI RiNT,' AGRtEM�iT The Developer'(Principal) has executed an agreement with the County on contra Costa, California to insta]i and pay for drainage and ether improvements ry-refsT—JR15.091 and to complete said work within The time specified for completion in the Drainage Irtiptov6ment Agreement, all in accordance with State and local laws and rulings. ,asFrsipal,and2, OBLIGATION; d Co LLC p;any of orgarucedFidelis existing tinder The laws of the State of MarvInd and air u.ni2od to ttanswi surety business in California, as.$urety,hereby jointly and severally bind ourselves, our heirs,executors, administrators,successors and!-assigns to the County of Contra Costa California to pay as follows A. Performance; . = ree undue )Aire aril Severs Hun and 001100 ($ 329.706'7---1-1-- l for the Caunty of Contra Costa or any city assignee under the above County Road Improvement Agreement,plus R. Payment: one lou ix Sa`x T_hqusiandfive Hundred and 001 0 d 66.504 1 to secure the claims to which reference is made in Title 15 et seq. of the Civti Cade ofthe State of aliforn a. 3. CONDITION: A. The Condition ofthis obligation as to Section 2(A)above is such that if the'above bonded Principal or heirs,executors,administrators,successors or assigns shall in alt things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions to the said agreement and any alteration thmo f matle'as therein provided on it or its part,to be kept and performed at the time and in the manner therein specified and inall respects according to their true intent and meaning and shall indemnify and save harmless'the County of Centra.Costa(or city assignee)officcrs,,agents and employees,a therein stipulated,then this obligation shall become null and void,otherwisc it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and Fees,including reasonable attorney's fees,incurrcd by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be tasted as casts and included in any judgement therein rendered. ................................................................................................ ........... ....................... ........................ 8. The condition of this obligation, as to Section 2.(B) above, is such at said Principal d h th Pri -pal an the undersigned as corporate surety arc 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,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 theunt 0 herein am 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 cit3,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 asgiv o e aright 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 perfocmcd, then this obligation shall become null and void; otberwise,it shall be and remain in full 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 fxther 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 actionagairist Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on July 26, 2005 tDaes Fidelity and Deposit Company PRINCIPAL: See attached signature page SURETY: of Maryland Address: 6121 Bollinger Canyon Rd. , Ste. #500 Address: 801 North Brand Blvd Penthouse. Suite City: San Ramon, CA 94583 City: Glendale, CA 91203 By: F B Print Name: Print Narae- Jeri Ap-A... Title, Title: Attorney-in-Fact Artorney-in-FacT mw .............. r WINDEMERE BLC LAND COMPANY,LLC1 a California limited liability company By:LEN-OBS WINDEMERE,LLC.,aDelaware limited liability company,its Managtn lti"er By:LENNAR HOMES O CXLIFORNIA INC;,a California Corporation,its M ttng Member By: _ Greg o i, i President B : Y Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 27, 2005 before me, Dina Prints, Notary Public, personally appeared Greg Pomi 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. A dh .�. ��..�. R D #NA 1 Commission#1453610 < Notary Pubitc-coiifornia y Orange County My comm.Expires 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: Greg Pomi —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. 08821665 Number of Pages: Three (3) Date of Document: July 26, 2005 Signers (other than those named above):Jeri Apodaca CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On July 26 2005 before me, Rasa Estela Rivas,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC' personally appeared Jeri Apodaca , NAME(S)OF SIGNER{S} personalty known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person($) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(lles), 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. RSA ESTELA RIVAS csi comm.m # 1447661 110TARY PUBIC CALIFORNIA WITNESS my hand and official seal ���mmA"8pir COUNTY �iy uo .expires Oct.28,2Gf17 � C 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 GENERAL ® ATTORNEY-IN'-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER; SIGNER IS REPRESENTING: DATE OF DOCUMENT' NAME OF PERSONS)OR`ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 54067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 81309-7184 F ` Power of Attorney FIDELITY AND DEPOSIT COMPANY OFF 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 APt3DACA,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 s and the execution of such bonds or undertakings in pursuance of these pr to ' any,as fully and amply,to all intents and purposes,as if they had been c 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, 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 " Y,and is now in force. IN WITNESS aF, 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 l4th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND *�0 9iPq�ri By: Y 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 precedinginstrument 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. 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 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 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 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 26th day of Jul , 2005 Assistant Secretary 3I1. RIP ...: ZURICH THIS �'��(��'�'A 1' �� C i NOII E IS PART OF YOURSND Fidelity and T}epeasit Company of Maryland,Colonial American Casualty and Surety Company,Zurich Anterican Insurance Company, and American Guarantee and Liability Insurance Company are making the followin informational disclosures in compliance with The Terrorism Risk Insurance Act of 2001 No action is required on your par , Biscl ricin Premium 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 o vs b li of oY l a' rr�ris ct es As required by the Terrorists Risk Insurance Act of 2002,;we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and t Mations that do not differ materially as those for losses arising from events tither than acts of terrorism. llI cl share of Marl rat r` of esu tarca Co au 's"f o ' Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United Staters government will share in insurance company losses resulting from ants of terrorism(as defined in the Act)after a insurance company has paid Iowa in excess of at annual aggregate deductible. For 2002,the insurance company deductible is 1%ofdireot earned Premium in the prior year, for 2003,7%of direct earned premiumin 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 insurance company's losses 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 from 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. Mrniticrn of'A,ct of Term aza The'Terrorism Risk Insurance Act defines "act of terroristn'as any act that is rerrtiftedd by the Secretary of the Treasury, In coutuamoe with the Secretary of State and the Attorney General of the United States-. I. to be an not of terrorism.; 2. to be a violent act or an act that is dangerous to human life,property or infrastructuure 3. to have reasu1W in damage within the United States,or outside of the United States in the case of an sir wrier (as deflated in section 40102 of title 49,United 17States Code)or a United States fig vessel(or avessel based principally in the Unfitted States,on which United Mates income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission arra 4. to have been committed by an individual or individuals Ming on behalf of any foreign person or foreign interest ars past of an effort to coerce the civilian population of the United States or to influence the policy or a l act the conduct of the United Smites 0ovettu hent by coercion. But,no act sal be cer ified by the.Secretary as an act of terrorism if the act is committed as past of the course of'a.war declared by CIMFeSs(ex*ept',for workers'compensation)or property and casualty insum=losses resulting fhom the in the umsate,do not exceed$5,000,000. These disclosures are Informational only and do not modify your boat[or affect your rights under the baud. Copyi*t Zra66 Atnerim Insatrsauee Company 2003