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HomeMy WebLinkAboutMINUTES - 02142006 - C.18 c� TO: BOARD OF SUPERVISORS FROM: MAURICE M. SH1U, PUBLIC WORKS DIRECTOR DATE: February 14, 2006 SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 05-08926, .being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ for Subdivision 05-08926, 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. BACKGROUNDIREASON(S) FOR RECOMMENDATION(S): Subdivision 05-08926 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: �VV` ECOMMENDATION OF COUNTY ADMINISTRATOR ~_RECOMMENDATION OF BOARD COMMITTEE _APPROVE OTHER SIGNATURE (S): ' ACTION OF BOA N k-a'�" / 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 VOT F SUPERVISORS /� date shown. UNANIMOUS(ABSENT /y d7 WG�f AYES: NOES: ABSENT: ABSTAIN: ATTESTED-r' BB:rm G:\GpData\EngSvc\BO\2006\02-14\SD 05-08926 BO-16.doc JOHN SWEETEN, Clerk he Board of Originator: Public Works(ES) Supervisors and Count Administrator Contact: Teri Ric(313-2363) p y cc: Public Works- Construction Current Planning,Community Development T—12/14/06(P1) Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 By d� ,Deputy San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Rachelle Rheault THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 14, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: Norte ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ — SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 05-08926, 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 05- 08926, 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 year(s) 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: $2,300.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 451038 September 12, 2005 BB:rm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2006\02-14\SD 05-08926 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- Construction Current Planning,Community Development T—12/14/06(P 1) ATTESTED:Ao6 Y�c.Q�s'y �T� Z4e,C Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 JOHN SWEETEN, Clerk of ee Board of Supervisors and San Ramon,CA 94583 County Administrator_ Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Rachelle Rheault By TZ A:—�A:� ,Deputy RESOLUTION NO.2006/ SUBJECT: Approving Subdivision Agreement (Right of Way Landscaping) for Subdivision 05-08926, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: February 14, 2006 PAGE: 2 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08821656 July 14, 2005 Performance Amount: $223,200.00 Labor&Materials Amount: $112,750.00 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. RESOLUTION NO. 2006/ SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: SUB 05-08926 Effective Date: Z- 11 'f JOG Subdivider: Windemere BLC Land Company, LLC Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY,LLC A California limited liability company CONTRA COSTA COUNTY SUBDIVIDER:A LEN-OBS Windemere,LLC, A Delaware limited liability company Managing Member Maurice M. Shiu, Public Work irector y:L ar Homes of Calif ia,Inc., nag'n Me be W By: (signature) Or (print name&title)P 1 J. naker,Asst. cretary RECOMMENDED FOR APPROVAL: �0,I AAA By: � (signature) gwi k 74 Engineering ServicesDivin (print name&title)Don Larson,Vice President FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, 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"County,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, street lights, fire hydrants, landscaping, 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). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or 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 SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For.Performance and Guarantee: $ 2.300.00 cash, plus additional security, in the amount of_$ 223.200.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance underthis 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 Payment: Security in the amount of$ 112.750.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them.or to the Subdivider. C. Upon acceptance of the work as complete by the Board 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. GUARANTEE 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 and after the Board of Supervisors accepts the work as complete r in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitiesbenefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents, and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below, and including personal injury,death, 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 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 or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10: SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider 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, surveys,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,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw:lap G:\GrpData\EngSvc\Forms\AG WORD\AG-30A.doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 11, 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 Commission r 1378827 Sign re of Notary ublic Notary Pubk -Cai1f0rn10 Contra Costa County 101My Comm.E)q*es Oct 7.2006 1DEPCSs PERM:z e1 h� s zaFFKErUF C01J��AUDIT(OR GOI�1TR01LER �M'Kill TOTI1E,iTREA$URER E + x n a x a Y h ks 't . r -r / RECEt1i�fD FROM�r ri x 4v r r 4 I 012GA►NIZATION NtJN1ER ' (Fon;Cash,Collection:Proceduressee:County:Adrrtinistrrrtor's.Bullehn.l"05:); DESCRIPTION FUND%ORG. 'SUBTASK.OPTION ACTIVITY AMOUNT `y /.. t . :�i� } �, f ''{j' 1} � � /n f 'moi rFAl LF". � �I e r ..L:)."!f jt• ,l"i✓ x ..flf7txr rl {fiY•,f :li,f! 1i✓(^' ,r.` ir` . �l i � ' �... ` ? jj ldY�. .`'_ t✓ia°�:`ilst�rr;r _I Q11'tr;t /i�. x.. 12, N#t ` E•,°5} kj ir. �►. ! '� ' ,L? E1 '? �x;rpt r - � f'%'rt. � o '1 , zr o P f,,r f}Se ft HO 4'1 �� r $ ,_.;?<f Ail t1���.� t� �� 'I' f�� 4.�J �� .-✓ _ ��� i�L� t ( . r XPL•ANATION T©TA[ :$ _ I DEPOSIT Deposit consists of the following items f T 1�3 :'"•, f 7.II fr' f T!: COIN aM CURRENCY $ st CHECKS MC~:ETC. $ 8 ANKDEPOSITS R fOR AUDITOR CONTROLLE USE ONLY 7 1I # DEPOSIT _} fE r RM1T DP t4UMBER DATE ASSIG �NED tl / y �!T�3 he amount of money descnbed above ii for Treasurers receiPt,of above amount<is apprrrved. iReceipt:of above Qrt�nt,:is,hereby.., Je�osit into the Coun#y Tn asury ackrwvvle dged:/ agnecl: °�.�ar. �(ay.i('+. K rE!I§`7h ,`•Dote � �� G��r.~�.s.� �"��a �� f Signed• t rtle ( / {':f ,t (:--fi` EXT ,.•� ', •' Deputy County-Audit- j� y Deputy County Treasurer r r' . f � DE 1 MIT FFICE,OF'COU OSE AUDITUR�CONTROLLER R f cD THE TREAYSUERz RECEIVED FROM ' Y , ORGANIZATION NUMBER xf (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACT T. TASK OPTION ACTIVITY AMOUNT i} `t r r 1 4`. t {f,�. r ''` r l•' " :'--t Bim!.. t!t 4.,'' � 'r) / t,.! j rL„'. [Y`/ %}/ '.`Lsf k't r P ..�•-� / f ' 1 elf.} J � ? ✓','111 , '� ,i1 JalFr~� •k lr� t 11. f f f i r F1 I tf r 1/ .' j f ;✓f/.fad # I l 44, ` lit ri 'Ail �;.. s tflyft' f t': .` .r." (,ni ,r r) �•.r' 'X r _ r d 5 17 , A f✓v '.) y I r } f f 1'. t r c, .r _ !j# ._a �rll✓t (r�.>:. I A A A A A A A A A A f� I JC1 t�Cl 4 1 . XPLANATION: _ 'NOTAL $ I u DEPOSIT Deposit consists of the following items COIN and CURRENCY $ / CHECKS,M O..ETC. $ rxfl 1-,/'7 f U BANK DEPOSITS $ ,r - FOR AUDITOR-CONTROLLER USE ONLY DEPOSITPERMIT Y NUMBER DP (J i r 1 `( DATE f ? 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. � r yid.. r�;: n ) Jf if i f;s.; Date iz/f,'/l.:'.` rir f Signed: Signed: Tofallll�, itle r,�r� /}{ ;r`y(; EXT f i.! Deputy County Auditor Deputy County Treasurer 34 REV.(7-93)' r i f.t AO 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 819800-0800: 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 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189828, $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: 61189833, $27,900.00, Sub 05-08926, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 C4=583 838, $2,300.00, Sub 05-08926, Cash!Bond, Windemere C, 6121 Bollinger Canyon Rd., Suite 50San Ramon, CA 819800-0800: 61189840, $1,700.00, Sub 05-08925, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61189842, $1,800.00, Sub 05-08924, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800:61189844, $5,800.00, DG 04-00048, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 r 0682-9752 1 139200: G1189425, $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: G1189426, $6,500.00, Sub 8331, COA #118A, Construction of bus stop shelter , Danville Tassajara Ptrs, LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189817, $150,000.00, RA 04-01175, Road Acceptance Inspection, Windemere RLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189825, $100,000.00, Sub 05-08925, Subdivision Improvement Inspection Fee, , Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189831, $96,700.00, Sub 05-08924, Major Subdivision Improvement Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: 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, $13,600.00, 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 i 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: 61189845, $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 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, San Ramon, CA 94583 0649-9665 / 112300: G1189854, $5,900.00, RA 04-01178, Road Acceptance Inspection, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,CA 94583 0649-9665 / 112300: G1189856, $22,300.00, PA 05-00023, Landscape Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189858, $107,200.00, RA 04-01175, Landscape. Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1189860, $1.8,500.00, DG 04-00050, Drainage Inspection Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189846, $1,500.00, DG 04-00049, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189848, $3,500.00, 06 04-00049, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1189850, $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: 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, $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: G1189855, $4,200.00, PA 05-00023, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 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, $3,300.00,1)604-00050, Cash Bond, Windemere BLC Land 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 y S EXECUTED IN DUPLICATE Subdivision: SUB 05-08926 Bond No.: 08821656 Premium:$2,120.00 IMPROVEMENT SECURITY BOND) FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RF-CITAL OF SUBDIVISTON AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 05-08926 as specified in the Subdivision Agreemeal (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: _ Windenlere BLC Land Company_ LLC ,asPrincipal,and Fidelity .and Deposit Ccimpany._o#:'Maryland , a corporation organized existing under the laws of the State of Maryland , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California io pay it: A. Performance and Guarantee: Two Hundred Twenty TYu ee Thousand Two Hundred and 00/100 Dollars ($ 223,200.00 )for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: One Hundred Twelve Thousand Seven Hwc]Ted Fifty and 00/100 Dollars($ 112.750.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Pan 4 of Division 111 of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its pan,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 to the 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. B. The condition of this obligation as to Section 2.(3) above is such that said Principal and the undersigned as corporate surety are held firmly bound unio the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorneys 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. !t is hereby expressly stipulated and agreed that this bond :ihall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then ibis obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond, and consent is hereby given to make such alteration without further notice to or consent by Surety; and the S urety hereby waives the provisions of California Civil Code Section 2813, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on July 14, 2005 Fidelity and Deposit Company PRINCIPAL: See attached signature block SURETY: 6f Maryland Address: 6121 Bollinger Canyon Rd. , Ste.500 Address: 801 N. Brand Blvd. , Penthouse Suite City: San Ramon, CA Zip; 94583 City; endale, CA Zip: 91203 By: By: Print Name: Print Name: Rachelle Rheault Title: Title: Attorney-In-Fact M. a1tiSIISHARDATA%G,pilawNEn1;Svt\farnu\SN N/ORWN-12A aoc r W[NDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By: LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: le �� David Evans,Vice Presi t By: CindyTh�on,AssistantSecretai CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 18, 2005 before me, Dina Prints, Notary Public, personally appeared David Evans 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 official seal. DINAPaINTY ' Commission#1453610 aNotary Public-California @MY Orange County Comm.Expires Nov 28.2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: David Evans —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. 08821656 Number of Pages: Three (3) Date of Document: July 14, 2005 Signers (other than those named above):Rachelle Rheault CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Califomia County of Orange On July 14 2005 before me, Rosa Estela Rivas,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rachelle Rheault NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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), 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. RO SA ESTELA RIVAS C\1 COMM.# 1447661 g NOTARY PUBLIC CALIFORNIAo WITNESS m hand and official seal. ORANGE COUNTY 2 y My comm.expires Oct.28,2007 Ic 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 PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S4067/GEEF 2/98 ©1993 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 T.E. SMITH,Assistant Secretary,in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company,w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s 'nate,constitute and appoint Rachelle RHEAULT,of Irvine,California, its true and lawfu - - o make,execute,seal and deliver, for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan , s on said Company,as fully and amply,to all intents and purposes,as if th xe6 ged by the regularly elected officers of the Company at its office in Ba ' 16 eir r The said Assistant r D e ere t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- s d' now in force. IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat Sea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of May, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �p Was o c 4, o lEOQ *? IZ r By. T.E. Smith Assistant Secretary Paul C Rogers Vice President State of Maryland1 ss: City of Baltimore f On this 24th day of May, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. R.M4)b,i Zip Dennis R.Hayden Notary Public My Commission Expires: February 1,2005 POA-F 012-5030B 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 14th day of July 2005 4_1� Assistant Secretary ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR.BOND 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 Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism 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 of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have trade available to you coverage for losses resulting from acts of t=oristn(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 Coniyanv's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct 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 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. Definition of Act of Terrorism 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, 1. 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 dan age 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 Code)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 States),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' compensation) 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 Insurance Company 2003