HomeMy WebLinkAboutMINUTES - 11142006 - C.18 SE
TO: BOARD OF SUPERVISORS :— Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ` Costa
DATE: November 14, 2006 a �, Count
STA-�o�K� y
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 05-01185
(cross-reference Subdivision 03-08508), for project 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/ 9a yr for Road Acceptance 05-01185 (cross-reference Subdivision 03-08508),
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):
Road Acceptance 05-01185 (cross-reference Subdivision 03-08508) 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: L----' SIGNATURE: �i1�✓�
i_RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
✓APPROVE OTHER
SIGNATURES
ACTION OF BO DON err! v APPROVED AS RECOMMENDED OTHER
VOTE OF SUP
ISORS I hereby certify that this is a true and correct
UNAN MOUS(ABSENT ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
BB:vz
G:\EngSve\BO\2006\11-14\BO-16 RA 05-1185.doc ATTESTED: ode, -,»,6c -r"141 aZd-fl�
Originator: Public Works(ES) Of
Contact: T.Rie(313-2363) JOHN CULLEN, Clerk of the Board of
cc: Public Works- Construction
Current Planning,Community Development Supervisors and County Administrator
T—May 14,2006(P 1)
Windemere BLC Land Company
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583 By Z&W ,Deputy
Attn:Brian Olin
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd,Penthouse Suite
Glendale,CA 91203
Attn:Jeri Apodaca
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 14, 2006 by the following vote:
AYES: SUPERVISORS UILKEMA,
PIEPHO, GLOVER, AND GIOIA
NOES: NONE
ABSENT; SUPERVISOR DESAULNIER
RESOLUTION NO. 2006/
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 05-01185 (cross-reference Subdivision 03-08508), for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District III)
These improvements are approximately located near Japonica Way.
The following document was presented for Board approval this date for Road Acceptance
05-01185 (cross-reference Subdivision 03-08508), 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:
1. Cash Deposit
Deposit Amount: $1,000'00
Deposit made by: Windemere'BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 471590 October 5, 2006
BB:vz
G:\EngSvc\BO\2006\11-14\BO-16 RA 05-1185.doc I hereby certify that this is a true and correct copy of an
Originator: Public Works(ES) action taken and entered on the minutes of the Board of
Contact: T.Ric(313-2363)
cc: Public Works- Construction Supervisors on the date shown.
Current Planning,Community Development
T—May 14,2006(P1)
Windemere BLC Land Company ATTESTED: � Y
6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, Clerk of the Board of Supervisors and
San Ramon,CA 94583
Atm:Brian Olin County Administrator
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd,Penthouse Suite
Glendale,CA 91203
Attn:Jeri Apodaca
By ,Deputy
RESOLUTION NO.2006/ JZyW_
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 05-01185 (cross-reference Subdivision 03-08508), for project being
developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty
Valley) area. (District III)
DATE: November 14, 2006
PAGE: 2
II. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 08862522 September 27, 2006
Performance Amount-'V2,800.00
Labor & Materials Amount: $36,900.00
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/,7-9-5--
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: RA 05-01185(x-ref SUB 8508) Effective Date: 104
Subdivider: Windemere BLC Land Company LLC Completion Period: 2 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: KINDEMERE BLC LAND COMPANY,LLC
A California limited liability company
CONTRA COSTA COUNTY SUBDIVIDER: By:LEN-OBS WINDEMERE,LLC, a Delaware
t;imited liability company,its Managing Member
(g�
Maurice M. Shiu, Public Works Director
By:LENNAR HOMES OF CALIFORNIA,INC.,a2 California corporation, its Managing Member
BY (signature)—�'
(print name&title)Brian G.Olin,Vice-President
RECOMMENDED FOR APPROVAL:
BQ___ (signature) /6 ---......
Y
Engineering Services Divisi n (print name&title)Erik S.Brown,Asst.Secretary
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"Coun ,"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 forthis 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 govem.
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: $ 1.000.00 cash,plus additional security,in the amountof
$_ 72.800.00 which together total one hundred percent(100%)of the estimated cost of the work.
Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 36.900.00 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.
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California
Countyof //'' 1
LU )} ss.
On ,���� before me, � ��n-� ,Notary Public,
personally appeared S'Lfulih.
.'personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s)whose name(s)ieare
subscribed to the within instrument and
acknowledged to me that heA+m/they
executed the same in lisAieritheir authorized
WH capacity(ies),and that by krisf�ter/their
carom scion tf 1670361 signature(s)on the instrument the person(s),
Notary K*ft-C01100"10 _ or the entity upon behalf of which the
Contra Costo County person(s)acted,executed the instrument.
My Conan 8"w May 26,201
WITN SS my hand and official seal.
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): Top of thumb here
❑ Partner- Limited General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
1299 Newell Hill Place,Ste.301 JOHN - N ICOL Phone: (925)934-7140
Walnut Creek,CA 9459675220 & ASSOCIATES, INC. Fax: (925) 934-7143
Landscape Architects
Bonding Project Name: Windemere-RA1185 Japonica
Estimate Location: San Ramon,California
Name of Client: Windemere B.L.C.Land Company,LLC
Date of Estimate: September 20,2006
Item QuantityUnit I Item Description Unit Price I Extensions
A. IRA1185-Ja onica Wa
1 923 LF 4 in link fence 25.00 23,075.00
2 2Vehicular access gate 2,000.00 4,000.
3 7,526 SF Irrigation system(coverage) 2.75 20,696.50---6— ,696.50
7, F Landscape g soilaration .30 2,257.80
5 24 EA Root barriers(two sides of tree-40LF $7=) 280.00 5720.0
6 24 EA Au eyed treewells for trees in turf areas 10.00 240.00
7 24 EA 15 gallon trees 90.00 2,1 . 0
8 106 EA 5 gallon ss 20.00 2V120.00
9 133 EA 1 ga onshrubs 8.00 1,064.00
10 1 ---T,2781 SF Sodded0.6 ,
11 3,248--STr'— c 12.
12 7,526 F 365 day maintenance(post-acc tance) 0.18 . 1,354.68
Subtotal: $67,066.78
10% contin en ,706.68
Total rounded to the nearest hundred : $73,800.00
T.
Notes:
n�wWwri
QSCAp
p ri11COC
Data
2.
COUNTY OF CONTRA COSTA ,
DEPOSIT PERMIT T
OFFICE OF COUNTY AUDITOR-CONTROLLERp r
MARTINEZ,CALIFORNIA
TO THE TREASURER: Z.
RECEIVED FROM
Public Works ORGANIZATION.NUMBER 650
(For Cash Collection Procedures See County Administrators'Bulletin 105.)
DESCRIPTION FUND/OR SUB TASK OPTION ACTIVITY AMOUNT
ACCT"
Sales Tax 100300 0637 50.17:
Sale of Plans&'Specs 004500 9931 REV 6A0196. 17555
Sale of Prints 004530 6GO085 131.25
6A0026 301:90`.
Premium Billing 000651 1105 6L085C 1,456:00.`
Sub 8709 Monument Fee 9660 6L081D 2116040
Base Map Fee 004528 9931 6K0330 525.00`
NotaryFee
004500 9975 ,. . - 20:0.0.. .
SD05-08927 Agmt Ext 000651 9660 REV 6LO76B 250.00
SD05-08928 Agmt Ext 2'50:00
Shut In Royalty 007589 9975 179:90
Reimb Credit M.Valdez 004544 2270 1 SAS 944SAS 70.38
MS 01-00016 BA 145 003520 9660 REV 5130034r 87:63
SD05-08995 :BA 30046 15BOO33 1,802.21::
000651 6L0033 729.21
MS 05-00024 BA 30045 003520 5B0034 4.96.16`
$ .
Acctng: G1203560-G1203589 TOTAL .
182,962.24
Deposit consists of the following items
Eng SVCS: G1203613-G1203634 VOIDS: G1203619.&1203612 COIN and CURRENCY $ 170.30.
Records: G1201923-G1201939 CHECKS,M.O.,ETC. $ 182,791.94
00
Invoices:912366,912374,912372,912382,912392,912393,912395,912397, BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
912400,912406,912408,912268,BA'S 145,30046,30045, 14327,30612,30486, DEPOSIT
PERMIT DP
29220,31697, 17484, 32950,30783,22024, NUMBER
DATE 47-1590OtT 5'06 .
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.'
deposit into the County Treasury
gned• Signed:
Title: ,.�('�, i EXT. CountyAudAor - De CountyTreasurer
D-34 a _93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA . .
TO THE TREASURER:
RECEIVEDiFROM
Public Works ORGANIZATION NUMBER 650
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
$
DP00=03043 BA 14327: 000651 9660 REV 6LO80A 121:90
LP05-02061 BA`513049X 003520 15B049X 207.95
DP05-03058 BA 30486 5B039C - :2,612:41 .
DP05-03010 BA 29220 3,827.52`
VR06-61001 BA 31"697 5B044X 289.29
EF02-00602 .BA 17484 000651 6L083B 316.14
TP06-00029 BA 32950 003520 513051X 3.60.
VR05-01093 BA513044X 5BO44X 780.70
MS02-00016 BA 22024 000651 6L0069 70.32
INV 912268 Oakley 004580 9595 1'6X9T01 ,_. 1;119.76
. 6X9T80 661.87
6X9T81 34.28
6X9T84 772.08
6X9T94 18,346.40
6X9T72 1,777.50(
6X9T76 9.66
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY $
.CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP\ �� r�
NUMBER
DATE F L�
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
1
deposit into th Co ty reasury
r
Signe!' �i,C 'Mate
r � /� r Signed: Signed:
Title: (j V ET. 2--� Deputy County Auditor Deputy County Treasurer
D-34 Rev.(7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT 10
q. OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA '' }j
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK., OPTION ACTIVITY' AMOUNT
ACCT
Trust Fund 000649' 9665 $ 761627.50"
819800 0800 9;099.00.
000682 9752 6,888.00::
- _ 9375
6,072.00:.,.
9.371 .97586.60
9531 35,053:00.
EXPLANATION: . TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY $
-CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE-ONLY
DEPOSIT
PERMIT DR-4
NUMBER
DATE f .I5
ASSIGNED
The amount of money described above is for Treasurers receipt of above amount is approved. Receipt of above arnount.is hereby acknowledged..
deposit into the County Treasury�t I
DaV"V
'`�9►� '!-.a ryF,�.�. � ,f.l
i i _ _ f: Signed: Signed:
Title EXT uc� J" ,_Lf Deputy County Auditor I Deputy County Treasurer
D-34 Rev.(7-93)
819800-0800: G1203620, $1,500.00, RA 1223, Cash Performance Bond,
Shapell Homes, 100 N. Milpitas Blvd.,-Milpitas, CA 95035
819800-0800: G1203627, .$'1.0 0.00,..PA'-05-01185 Cash Bond Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94'583 _ .
819800-0800: G1203629, $1,000.00, RA 05-01197, Cash Bond, Windemere
BLC Land Company, LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
0682-9752 /139200: G1203623,$6,888.00, MS 05-0034, Road Imp Fee
Trust, Estacia be Maria, LLC, 5700 Alhambra Valley Rd., Mtz, CA 94553
0682-9375: G1203561, $6,072.00, ST DR 1628, State Storm Damage,
State of California, Office of Emergency Services, 3650 Schriever Ave.,
Mather, CA 94655-4203
0682-9371: 61203562, $9,586.00, ST DR 1628, State Storm Damage
Roads, State of California, Office of Emergency Services, 3650 Schriever
Ave., Mather, CA 94655-4203
0682-9531: G1203563, $35,053.00, FEMA 1628-FED DR, Federal Aid
Disaster Roads, State of California, Office of Emergency Services, 3650
Schriever Ave., Mather, CA 94655-4203
0649-9665 / 112300: G1203613, $1,400.00, ED 0600405, Cash Deposit,
Port Costa Consercation Society, PO Box 36, Port Costa, CA 94569
0649-9665 / 112300: G1203614, $28,695.00, Sub 8709, Inspection Fee,
Rock Island Homes, Inc.,.18001 Cowan , Suite C, Irvine; CA 92614
0649-9665 / 112300: G1203618, $24,532.00, PA 0032, Landscape Plan
Check Fee, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd.,
Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1203621, $ 10,300.00, RA 1223, Road Accept Insp.,
Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035
0649-9665 / 112300: G1203628, $6,400.00, RA 05-01185, ROWL
Landscape Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1203630, $3,100.00, RA 05-01197, ROWL
Landscape Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon
Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1203633, $1,100.00, LAFCO 0646, Map & Legal
Descrition Review, City of Pittsburg, 65 Civic Ave., Pittsburg, CA 94565-
3814
0649-9665 / 112300: G1203634, $1,100.00, LAFCO 06-15, Map & Legal
Descrition Review, Bay Point Venture One, LLC, 10700 Bigge Ave., San
Leandro, CA 94577
819800-0800: G1203615, $5,599.00, Sub 8709, .Cash Bond, Rock Island
Homes, Inc., 18001 Cowan , Suite C, Irvine, CA 92614
EXECUTED IN DUPLICATE
. t
Subdivision: RA 05-01:185 (x-ref SUB8508�
Bond No.: 08862522
Premium $728.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay,for public right of way landscaping, and other related improvements in RA 05-0.1185
(x-ref SUB--8508) as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete
said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said;Subdivision.
2. OBLIGATION: Windemere BLC Land Company LLC as
Principal, and Fidelity and Deposit Company of Maryland
� , a corporation
organized existing under the laws of the State of Maryland ,and authorizedto
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and;"Guarantee: _ Seventy Two Thousandlight Hundred and 00/100
Dollars ($ -'.72 800.00 ) for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: Thirty Six Th'ou'sand Nine Hundred and 00/100
Dollars ($ _-' 36,900.00 )to secure the claims to which reference is made in Title XV
(commencing with Section 3082)' of Part 4 of Division III 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 Mall 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 part, to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees, as therein stipulated,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 attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is 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,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety 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 anyaction against Principal whenever taken.
SIGNED AND SEALED on September 27, 2006
Fidel- and Deposit Company of
PRINCIPAL: Wind',emere BLC Land Company, LLC SURETY: Fidelity Maryland
Address: 6121 Bollinger Canyon Rd. , Ste. 4500 Address: 801 N. Brand Blvd. , Penthouse Suite
City: San Ramon Zip: 94583 . City: Glendale le_Zip: 91203-----
By: See Attached Signature Block By: � - Q A'L
Print Name: Print Name: Jeri Apodaca
Title: Title: Attorney in Fact
fr
311W
\\PWSI\SHARDA'I'A\GrpData\EngSvcTon=\BN WORD\BN-12A,doc
Bond No. 08862522
RA 05-01185(x-ref SUB 8508)Japonica Way ROW Landscape Agreement
WINDEMERE 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: - G G"c�
Brian G. Olin,Vice-President
By:
Erik S. Brown,Asst. Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California 1
County of
WA )} ss.
On U, R OL before me, PA''V A.A.- Notary Public,
personally appeared Bri at- G . p tk�v W Grl c. 6 m4 P'
(personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s)whose name(s)Ware
subscribed to the within instrument and
acknowledged to me that he/-Mm/they
executed the same in mer/their authorized
capacity(ies),and that by44s4m/their
signature(s)on the instrument the person(s),
RUTH EUEN� or the entity upon behalf of which the
C 1670361 person(s)acted,executed the instrument.
14;P;,r Notary pwft-CaNfomla
Contra Cogs Counts WITNESS my hand
� and official seal.
My Comm.EWM May 26,201
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s): Top of thumb here
❑ Partner- Limited General
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
State of California ACKNOWLEDGEMENT
County of Orange
On September 27 2006 before me, J.Barragan,Notary Public
(here insert name and title of the officer)
personally appeared Jeri Apodaca
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 acknowledge 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.
J. RARRAGAN
- WITNESS my hand and official seal. Commission# 1635125
Lib
Notary Public-California
Signature MOrange County
y Comm.Expires Jan 5,201
(Seal)
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
S-4067/GE 1/06
FRP
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 Jeri APODACA,of Irvine,California, its true and lawful age �n - - ac ke,execute,seal and
deliver,for,and on its behalf as surety,and as its act and deed- s ,and the execution of
such bonds or undertakings in pursuance of these pr p in pany,as fully and amply,to all
i
intents and purposes,as if they had been cac w �b gularly elected officers of the Company at
its office in Baltimore,Md.,in ' A
p rs e attorney revokes that issued on behalf of Jeri
APODACA,dated 712 Oat
The said Assistant o the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- ° C any,and is now in force.
IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April,
A.D.2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
0 9EPpI
O G
� t�0 �: �ivn..a✓`�/
By:
T. E. Smith Assistant Secretary Paul C.Rogers Vice President
State of Marylandl ss:
City of Baltimore f
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 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 012-5025J
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 27th day of September 2006
Assistant Secretary