HomeMy WebLinkAboutMINUTES - 11012005 - C8 TO: BOARD OF SUPERVISORS 64.
FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR
DATE: November 1, 2005
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 04-01174 (cross-
reference Subdivision 03-08510),being developed by Windemere BLC Land Company, LLC,
San Ramon(Daugherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2005/ r1j for RA 04-01174 (cross-reference Subdivision 03-08510), 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):
The Subdivision Agreement (Right of Way Landscaping) 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: '�O
_ ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
,-6PROVE OTHER
SIGNATURES
ACTION OF BOA17N Vd6J W 7" D r+ Ns- APPROVED AS RECOMMENDED OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
V07 OF SUPERVISORS orf minutes of the Board of Supervisors on the
V07
UNANIMOUS(ABSENT /�'P �'' ) date shown.
AYES: NOES:
ABSENT: ABSTAIN:
TR:rm ATTESTED:./L/dt�G7 +�+G+�� a2cJGz5"
G;\GrpData\EngSvc\BO\2005\1 1-01\RA 04-01174 BO-16.doc JOHN SWEETEN, Cleric 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-July 13,2007(PI)
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,#500 By ,Deputy
San Ramon,CA 94583
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd.,Penthouse Suite
Glendale,CA 01208
Attn:Rhonda C.Abel
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 Uiikema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 04-01174
(crass-reference Subdivision 03-08510), 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 RA 04-01174
(cross-reference Subdivision 03-08510), located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land
Company, LLC, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right of Way Landscaping) within two years from the
date of said agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $3,800.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 448563 July 25, 2005
TR:rm I hereby certify that this is a true and correct copy of an
G:\GrpData\EngSvc\BO\2005\11-01\RA 04-01174 BO-16.doc
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Teri Ric(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T—July 13,2007(Pl) ATTESTED: dJGJG"otomy' 40/1-2—re? ar
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road,#500 JOHN SWEETEN, Clerk of the Board of Supervisors and
San Ramon,CA 94583 County Administrator
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd.,Penthouse Suite
Glendale,CA 01208
Attn:Rhonda C.Abel By ,Deputy
RESOLUTION NO.20051
SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for RA 04-01174
(cross-reference Subdivision 03-08510), being developed by Windernere BLC
Land Company, LLC, San Ramon(Dougherty Valley) area. (District III)
DATE: November 1, 2005
PAGE: 2
II. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 08745438 July 11,2005
Performance Amount: $374,100.00
Labor&Materials Amount: $188,950.00`
Principal: Windemere 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.
SUBDIVISION AGREEMENT
(might of Way Landscaping)
(Government Code§66462 and §66463)
Subdivision: RA 04-01174(cross-ref SUB 8510) Effective Date:
Subdivider: Windernere SLC Land Comisanv.LLC Completion Period: 2lyow
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: !WINDEMEM BLC LAND COMPANY,LLC
A California limited liability company ,
SUBDIVIDER. HAyDLEN-OBS wiademere1.C,
CONTRA GOSTACOUNTY atvara
limited liability company
Managing Member
Maurice M. Shiu,Public Warks Director
By:Lennar Hamas of ifarnia,Inc-,
Ma ing Member
By: (signature)_
(print name&title) uI .Menaker,Asst.S'' •retary
RECOMMENDED FOR APPROVAL:
t'
(signature) AAAAA
By: (print name&title)bon Larson,Vice President
EngineeringServices Divisi
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE:All signatures to be acknowledged: if Subdlvlderis&icorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.(
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,'hereinafter called"Coon ,"and the
above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2. 1MP�I OVEMENTS. Subdivider agrees to install certain road Improvements(both public and private),drainage improvements,
signs, street li lits. fire hydrants, landscaping, and such other 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 Code(including future amendments thereto).
Subdivider shall cam fete said work and improvements(hereinafter called"work'}within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,In
accordance With accepted construction practices and in a mariner 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. ROVEMENT$ECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code W499,and
the County Ordinance Code,provide as security to the County:
A. For Performancg and Guarantee: '$ 3.800.00 cash,plus additional security,In the amount of_$ 374.100.00
which together totat one hundred percent(100%)of the estimated cost of the work. Such additlonai security is presented in the form of.
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the 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. Fo€Pavmenb Security In the amount of$ 188.950.00 ,which Is fifty percent(50%)of the estimated costof the
work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,;the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARAN'T'EE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from anis 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,
S. 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 may be released after final acceptance of landscaping improvements by the County.
6, IMPROVEMENT Ply WARptA 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 orduring the one-year guarantee period,said improvement tons prove to be inadequate In any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promi
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 f€: fill this,agreement as prescribed;nor shall the County be thereby bestopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8: I DEMNI ': Subdivider shall hold harmless and Indemnify the indemnitees from the liabilities as defined In this section:
A. The inIties benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,o cern,agents,and employees.
B. The IWlities protected against are any liability or claim far 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 suif(s);action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing llabliity are any act oromission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or 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 form any negligent orwillful misconduct of
any indemnity.
9. COSTS: Subdivider shalt pay when due,alt the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SQRVE . Subdivider shall set and establish survey monuments In accordance with the flied map and to the satisfaction of the
County Load Commissloner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified In this Agreement,and
subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surreys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work,
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,evert 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 andtor any do OWL 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. tECOj2D MAP, to consideration hereof,County shall allow Subdivider to file and record the Final Neap or Parcel Map for said
Subdivision.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Mate of California'
County of Contra Costa
On July 8, 2005 before me Karen L. Keenan,Notary Public,personally appeared
Don Larson& Paul J. Menaker,personally known to me to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official''seal.
KAREN L. KEENAN
00flUT s M#137S827
Notory PubMc-Cta wi jo
Signature of Not ublie Contro+Ci3Sftt aunty
Mvj=.=0cQ.2006
t
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' X 001.111.
THEM AAAF�hZ,CALIA
F`
�y
3
ORGANIZATION 1 LWMR
S x,
(For Cash Co&KH.M.Prosedums sea County Adrnin 's BUIl t n t05)
b SCRIPTK7N ftm/o x Sulk T TASK !OP ACTMTY AMOUNT
ACC
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-edu.•_':. <:,. d''a -,.ter:::,..,:x
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€ a°s '.` t 1 r � °` '' �` a F.{ ga ,�} ,�F�qF
4
a A
r
ATS TOTAL $ r
#tPOST
<•, t ' Lb—
the
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d F: } xa k' I. �SObt' �S C♦ AII�WlF3Bfl
'< tLF
J, C614 and CURRENCY $ lF
CWKS°K0 ETC. C-2ij
FOR ASF)"-CONTROLLeg t C io
WOW
F�t1411T
C1AltJ1v13ER J ..
4ifGNED
The mourn a€money above is fix 7, Traasur r°s gyp#e#above amount'is approved. keceot of oboN*ompoucst is hereby
�tft Ounty Tr etrry t krrc�vtleclged
$Y DAY w
Sivne "� „„ S*ed. r
Deputy Cou!ty Tmoso
tow
7 � WY.
OFFICE OF
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ORGANIZATIONmmsmt ,—�T v _ w`
L € !2L
(fix Cash Procedures see County A&nk4tnskw's Bulletin 105';}
DESCR (TION FUNp/4 5 TASK E PT]Cil+l ACT1ATY AMUtDM
ACCT
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EXPLANATION: TOTAL $ I
L30031T f
CgrtBiStS'Qt13@ 0WkV teM
(:ON and CU RRENCY $
O*CKS,MD.ETC. $
BANK l7Ef'C3Sn $
r R AWITO -CONTRMLER M(*LY
R; DPDAM
AWGWS
D f
Ths amount of mor j descr d crbov a is fisr Teeast+rer's r eipf of above amount is oppmved. l eipt of a��f is hrsreby
deposit into the Cxmetp Trrsu+ ockrxswAedged.
late<<
sign
ed:'' "L tyCrsur�ty Audit*r �d Deputy Caurrfy Treasurer
O-3d RW :
(X`'31
0649-96651 112300, 61161389, $1.400.00, Drainage Permit 409-05, Cash
Deposit, Oskar G. Sundstrom, 5316 Sobrante Ave., EI Sobrante, CA 94803
0649-9665' l 112300, 61161390, $540.00, FS 3024, Record of Survey
Deposit, Carlson Barbee & Gibson, Inc., 6111 Bollinger Canyon Rd., ##150, San
Ramon, CA 94583
819800-0840, 61161371, $11,000.00, RA 05-01198, Performance Cash
Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite
500, San Ramon, CA 94583
819800-0800, G1161375 $25.800.00,RA-04-01174, Performance Cash Bond,
Windemere BLC' Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500,
San Ramon, CA 94583
819800-08 ,61161377, $ .$fl0.00, RA 04-01174, Performance'Cash'Bond,
WindemeI BLC Land Company, LLC, 6121 Bollinger Canyon Rd., ;Suite 500,
San Ramon, CA 94583
819800-0800, G1161379 $1.200.00, Sub 05-08927, , Performance Cash
Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite
500, San Ramon, CA 94583
819800-0800, 61161381, $1,200,,00, Sub 05-08928, Performance Cash
Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite
500, San Ramon, CA 94583
819800-0800, 61161383, $1,700.00, Sub 05-08929, Performance Cash
Bond, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite
500, San Ramon, CA 94583
0648-9140 / 112200: 61188818, City of Brentwood, 708 Third St.
Brentwood, CA
$76,911.60, BW DA 105 S.R.
$155.763.40, BW DA 104 S.R.
0649-9665 / 112300, 61161370, $9600.00, RA 05-01198, Road Acceptance
Inspection Fee Deposit, Windemere BLC Land Company, LLC, 6121 Bollinger
Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300, G1161373,$.119,500.00, RA 04-01174, Road
Acceptance Inspection Fee Deposit, Windemere BLC Land Company, LLC,
6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300, G1161376, $20,500.00 RA 04-.01174, Landscape
Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon CA 94583
0649-9665 / 112300, G1161378,$9100.00, Sub 05-08927, Landscape
Improvement Inspection Fee, Windemere BLCLand Company, LLC, 6121
Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300, G1161380, $8,800.00, Sub 05-0898 Landscape
Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd., Suite 500,-San Ramon, CA 94583
0649-9665 / 112300, G1161382,$11-000.00, Sub 05-08929 Landscape`
Improvement Inspection Fee, Windemere BLC Land Company, LLC, 6121
Bollinger Canyon Rd., .Suite 500, San Ramon, CA 94583
0649-9665 / 112300, G1161384, $9,778.00, RA 05-01193, Road
Improvement Plan Review, Shapell Industries of Northern California, A
Division of Shapell Industries, Inc., 100 North Milpitas Blvd., Milpitas, CA
95035
0649-9665 / 112300, G1161385, $9.658.00, SD 78-04990, Inspection
Deposit, Mariner Estates, LLC, 222 Rush Landing Rd., Novato, CA 94945
EXECUTER IN` DUPLICATE Subdivision: RA 04-M174 fGrGiSS-ref Sl 3 8511)1
Bond No;: 08745�►38
Premium:$3,554.€0 `
1WROVEMENT SECVJUTY Bay
Foo PUBLIC 11GHT'OF WAY LANDSCAPE AGREEMENT
(Performance,Guarantee, and Payment)
(California Government Cade Sections 66462 and 66463)
1. P-ctx' F SIJODIvts oN AG The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in RA. 04-01174
(cross-refS'l!B 8514) as specified in the Subdivision Agrcernent(Right of Way Landscaping), and to
complete said work within'the time specified for completion in the'Subdivision Agreement(Right of Vijay
Landscaping), all in accordance with State and local law's and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OOLit: 1 N': 'Winder icre ,LC Land CornpanY,LLC ,asaid
Fide it v and Deposit Company of Maryl ani— scarporationorganized existingcrs�der
the laws of the State of Maryland and authorized to transact surety
business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators,successors, and assigns to the County of Contra Crista,California to pay it,
A. Performance and Guarantee. Three red Seve" Fur Tho sand tine Hundred and
043 {1 Dollars($ 14,10 .00 } f"or'''irself'or any city assignee under the above
County Subdivision Agreement,plus
B. Fayment: Ong Hun ed Ei h ' t Thous d Nine I "dr Fift 4nd PO/100
Dollars ($ I88.95QW ) to secure the claims to which reference is mad in Title XV
(commencing with Section 3082) of Part 4 of D vision'lllt of the Civil Code of the State of
California
3. Cot LprrloN:
A. The Condition of this obliga-don as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,:executors,administrators,successors or assigns,shall in all things stand to
and abide by,and well and truly,keep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is,or its pato, 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,then this obligation shall become
null and void;otherwise it shall be and remain in full force and effect:
As part of the obligation secured hereby and in addition tothe face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorneys fees,
incurred by County(or city assignee)in successfully enforcing such obligation,.all to be taxed as
costs and included in any judgement rendered.
) . 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 othCr persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or tabor
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 case suit is brought upon this bond, will pay; in addition Eo the fact'
amount thereof, casts and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Pan 4 ofDivision 3 of the Civil Code,so as to,give a right ofaction-to them or their assigns
in any suit brought upon this bond:
Should the condition ofthis bond be fully performed then this obligation shall become Holt and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or anyplan or specification of sand wont 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 Section 2819,and holds itself bound without regard
to and independently of any action against Principal whenever taken..
SIGNED AND SEALED on__ July 11, 20035
PRINCIPAL: see attached Signature Block Fidelity and Deposit Company
SURETY: of Maryland
Address: __5121 Bollinger Canyon Rd. #500 Address: 801 N. Brand Blvd. , Penthouse suite
City: San Ramon Zip: 94583 City: _Glendale Zip: 91203-
By: By
CO-
Print Print Name: Rhonda' C. Abel
Title: Title: Attorney-In-Fact
da,
apwSivtW2DATAsC.,rpDutrtiEagSYc�FarnurBN WQROVbN-i2A.ea:
.,
WINMERE I LC L ND C
DE €)MPANY,LLC a California
limited liability cony.
By:LEN-OBS WDEMEP E,LLC.,a Delaware limited
liability company,its Managing Member
By:LENNAR MMES OF CALIPORNIA,INC.,a California
Corporation,its.Managing Member
By:
Careg lKoAA Actresident
By: _-
Cindy norn n,Assistant Seer
{
1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California..
County of Orang
On July 12, 2005 before me, Dina Prints, Notary Public, personally
appeared Greg Pomi and Cindy Thompson, 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 offic!al eal.
afNA PRiian
Commission# )453610
\
Q1MyC0rnM-ExPk9SNov28,2007f
Notary Public-California
orange County
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.
CAPACITYCLAIMED BY SIGNER SIGNER IS REPRESENTING:
Greta Pomi —Vice President Lennar Homes of California, Inc.
Cindy Thompson -Assistant. Secretary Lennar Homes of California, Inc,
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 08745438
Number of Pages: 'Three 3)'
Date of Document: July 11, 2005
Signers (other than those named above):Rhonda C. Abel
CALIFORNIA ALL-PURPOSE ACXNOWLEDQMENT No.5907
Mete of Califomia.
County of Oranp
On July 112005 before rhe, Rasa Estela Rivas,Notary'.Public ,
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Rhonda C.Abel ,
NAME(S)OF SIGNER(S)
personally known to me-O - ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized ',capacity(ies),'sand 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.
R ESTELARIVAS
. C M NI.# 1447661
N01MY Pit fBLIC CALIFORNIA WITNESS my hand and official seal.
ORANGE,COUNTY N
y Comm expires Uct.28,2-007jt
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 ATTACHEDDOCUMENT
Q INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)'
❑ PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
Q GUARDIANICONSERVATOR NUMBER OF PAGES
Q OTHER:
SIGNER IS REPRESENTING: [TATE OF DOCUMENT
NAME OF PERSON(S)OR ENTrrY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S44871GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•'Canoga Park,CA 91309-7184
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and L.L.GOUCHER,Assistant Secretary,in
pursuance of authority granted by Article V1,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 ate,constitute and
appoint Rhonda C.ABEL,of Irvine,California, its true and lawful a o ke,execute,seal and
deliver,for,and on its behalf as surety,and as its act and dee s ° and the execution of
such bonds or undertakings in pursuance of these pr iit ' pany,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 p r e a orney revokes that issued on behalf of Rhonda C.
ABEL,dated Septe 0
The said Assistant o t the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- 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 19th day of March,
A.D.2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
teq CEGsrr
W
J' nm }�
jv.J .1 jjjVVVJJJ��' By.
L.L. Goucher assistant Secretary Paul C.Rogers Vice President
State of Maryland S3:
City of Baltimore
On this 19th day of March, 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 L. L. GOUCHER, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-50250
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 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 l Oth 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 11th day of July 2005
Assistant Secretary
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ZURICH
MIDMORTANT DI
pxUhty and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zucioh American
lastt=ce Company,and American Ouarantee and friability Insurance Company'am maldug the follow
udbrmational disclosures 1A compliance with The Terrorism RiskInsurance Act of 2002, 13o action is required on your
parL
l�lw�,nf Terr��ta�+
The prednium charge for risk of loss resulting from acts of terrorism(as defined in theAct)under this bond is
$_,,,.,waivett,._._, This amount is reflected in the total premium for this bond
D-bcloswref MmMAN11ty ADC—oypUnrr
As required by the Terrorism Risk Insurances Act of 2002,we have made,avaalable to you coverage a for losses resulting
Duni gets of bods n(as defined in the Acct)with terms,amounts,and limitations that do not differ materially as those
for lows arising from events other than acts of terrorism.
Rk-eimm-of fedffA Shart of Inaram
The Tenuism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in ir€t rarece con
npanny losses resulting from accts of terrorism(as defined in the Act)after a momuce company has paid
losses in excess of an annual aggmgate deductible. For 2002,the insurance company deductible is 1%of direot earned
p iurnn in the prior year,for 2003,7%of dict earned premium.3n the prior year;for 2004, 14%of dict earned
prsnnard m is the prior year;and for 2005,ISOK of direct earned premium in the prior year. The federal share of an
irnsnn*we company's losses above its deductible is 9M In the event the United Statesgovernment participates in
losses,tke United Mates gov-emmment may direct insmm' nce companies to collect a terrorism surcharge from
Policyholders. The Act does not currently provide fbr insurance industry or United States government participation in
terrorism losses that exceed$100 billion in any one oaknda►r year.
brio +ap_ f Amt�'�er or na►
The Terrorism Risk bmurennce Act defines"act of terrorism"as any acct that is cortiftod by the Secretary of the Treasury,
:bot conmmce with the Secretary of State and the Attorney General of the United States
1, to be an act of terrorism;
2. to be a violam act or an act that is dangerous to Will=life,Property Or in'MStM"c,'
3, to have melted in damage within the United States,or outside of the Unnited States in the case of an air carrier
(as defined in section 40102 of title 491 united 17 States Code)or a United Status flag vessel(or a vessel based
pniucipally M the United States,on which;United States income tax is paid and whose insurance coverage is
subject to regndationn in the Unnited.States),or the Premises of a United States mbsk a;and
4. to have beau cOmMitted Ey ea individual or individuals acting on behalf of any face is person or foreign
interest sst as part of an effort to coerce the civilian popinladorn'of dw United or to influence the policy or
affict the conduct oftlne United States Cloverarnent by coacion.
But,no acct slaall be certified by tine Swot cry as an,act ofterrarism ifthe ad is committtd as pact of the+moo of war
+declared by Cr ass(except for workers'compensation)or property and Casualty hwarannce losses resulting f om the
unto,in the agate,do not exceed$5,00€3,000.
IMas elhelosuures Are informatloAl!only and do not modify your band or affect your rights render the bond.
CotpydSht 7Atrieb,Arnerim Inann o Co any 2003