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HomeMy WebLinkAboutMINUTES - 02272007 - C.22 . C � Z TO: BOARD OF SUPERVISORS _E = Contra 'FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o,_ = .i t _ w g Costa DATE: February 27, 2007 °�r '"� County sTqa -coti SUBJECT: Approving Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 06-09142, 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. 2007/ fa for Subdivision 06-09142, 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): Landscape plans for Subdivision 06-09142 have 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: 9��_ "i, _—RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _,-APPROVE OTHER SIGNATURES ACTION OF B A D ON Gt�L�-'�/ APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct V OF SUPERVISORS /� copy of an action taken and entered on the UNANIMOUS(ABSENT O»t/) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: BB:vz ATTESTED: G:\EngSvc\BO\2007\02-27\SD 06-9142 BO-16.doc Originator: Public Works(ES) JOHN CULLEN, Clerk of the Board of Contact: T.Ric(313-2363) Supervisors and County Administrator cc: Public Works- Construction Current Planning,Community Development T—December 27,2008(P1) Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 By � , 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 February 27, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Pieplio NOES: None ABSENT: Norte ABSTAIN: None RESOLUTION NO. 2007/ 9� SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 06-09142, 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 06- 09142, 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: Io Cash Deposit Deposit Amount: $3,300.00 Deposit made by: Windemere.BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 469817 August 31, 2006 BB:vz I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2007\02-27\SD 06-9142 BO-16.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: T.Rie(313-2363) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development T-December,27,2008(P1) ATTESTED: Aaxk41*- ' Peg ogidU.-7- Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, Clerk oft oard 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:Jeri Apodaca By , Deputy RESOLUTION NO.2007/ 7 SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 06-09142, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: February 27, 2007 PAGE: 2 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08862506 August 22, 2006 Performance Amount: $325,500.00 Labor &Materials Amount: $164,400.00 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. 20071 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: SUB 06-09142 Effective Date: l� f 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-- By:LEN-OBS WINDEMERE,LLC, a Delaware imited liability company,its Managing Member Maurice M. Shiu, Public Works Director By:LENNAR HOMES OF CALIFORNIA,INC., o.California corporation, its Managing Member By (signature) G�� (print name&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL: By: (signature) &r . Engineering Servi iv' (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"Coup ,"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: $ 3.300.00 cash, plus additional security, in the amount of_$ 325.500.00 which together total one hundred percent(100°!x)of the estimated cost of the work. Such additional security is presented in the form.of: Cash,certified check or cashiers check. XX 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$ 164.400.00 ,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 XX 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 fora period of one-year from and 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. 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�Courity 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: . It . . A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against 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 otherproceeding(s)concerning said liabilities and claims. C. The actions causing liability are any actor 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,orthat the alleged damage resulted partly form any negligent orwillful 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. i 11. NON-PERFORMANCE AND COSTS:If Subdivider fails to complete the work within thej.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 WI 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. :kwaap G:1EngSvctB 1WeeU-andscape15U8 914211-andscape Improvement Agreementdoc Rev.May 18,20Q1 . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of OnLe before me, /" t C.tX �c��,�1Q2 Dateme and Title of Officer(e.g.,"Jane Doe,NotaryyPPubllic") personally appeared �4t) 01"a �21 S l- Why Name(s)of Signer(s) W� Su_6 `c it a �rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is'are subscribed l►r�`/►,�. to the within instrument and acknowledged to me that j10MARCIEMARRNEZ eilthey executed the same in 04a+er/their Comrr>dSSion#1614317 authorized capacity(ies), and that by -4isfh�rltheir Notary Rift-Caitomia ConhaCoataCounty signature(s) on the instrument the person(s), or the MyC0rnM-DOW Ocf18.2004 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public 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(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact INVIN Ely Attorney in Fact Top of thumb here Top of thumb here L1 Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 L t 1299 Newell Hill Wane,Ste.301 JOHN NICOL Phone: (925)934-7140 Walnut Creek,CA94596-5220 & ASSOCIATES, INC. Fax: (925) 934-7143 landscape Architects 101, Bonding Project Name: Windemere-Subdivision 9142 Village 47 Estimate Location: San Ramon,California Name of Client: Windemere B.L.C.Land.Company,LLC Date of Estimate: A 17,2006 Item Qu .- I Unit I Item Description Unit Price I Extensions A. SUBDIVISION 9142-VILLAGE 47.CSA MAINTAINED LANDSCAPE 1 39,997 SF Irri tionsystemcoverage 2.75 109,991.75 2 1 EA Irrr on crmtroller/remote contro ,500.00 9,500.00 3 1 EA Irrigation gstern(booster 22,000.0022,000.00 1 EA Electric meter.pedestal&connection to.controller ,000.0 6,000.00 5 39,997 SF soil prepambon 0.30 11,999.10 6 194 EA Root barriers sides of tree-40LF. 7 280.00 54,320.00 7 12 EA Root barriers one side of tree-20 140.00 1,680.00 8 200 EA u erect bwmlls ot trees in turf areas 10.00 2,000.00 9 6 EA 1247 box trees 350.00 2,100.00 10 231 EA 15.gallon trees 90.00 20,7-967.00 11 87§ EA 5.ganms s 20.00 17,580.00 12 1,649 -U7 I gallon shrubT 8.00 13,192 00 13 ,304 SF Sodded turf 0.60 17,582.40 14 10,693F Bark Mulch0.25 2,673.25 15 39,997 SF 1365.My-maintenancest a tance 8 7,199.46 16 12 EA Extended maintenance(for street trees in front )- 22.00 264.00 SustotsE. $298,871.96 • 10"a contingency: $29,887.20 Total(ronsd. to the nearest Lundr $328,800.00 Notes: 1.Street trees within the front yawls will be irrigated off each homeowner's individual irrigation system.Any necessary estimates for thebalance of the front yard landscaping,including the irrigation system,shall be.submitted with the front yard landscape plans. 2_Quantity of angered treewells includes all trees in curb strips and half of those in the front yards. 3_Concrete mowbands have been included in the RAI 175 estimate............................ . . ....._........ .. ..... ... .. .. ... { r llt r . 1 i f 0 C °' • ' r }� 'r COUNTY OF CONTRA COSTA ti DEPOSIT PERMIT f, 4r OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA i ,TO.THE TREASURER: RECEIVED FROM Public Works. ORGANIZATION NUMBER 650 DESCRIPTION FUNDIORG SUB TASK OPTION ACTIVITY AMOUNT.. ACCT FS05-00050 BA 31192, 000651 9660 REV 6L83PV' 2,578:16• FS05-00033 BA 294171,754':03 MS05-00029 BA 30462 6L6034 . 1,476:1.6; Postage Reimb 004500 2103 SAS 999SAS. 16.47" Trust Fund 819800 0800 37,020:00 :000.649 9665 . 1,97,740:00 000,682 .9755 :31600.00' 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 DP!:` DAME ER 03. 817: .�� ° ► ASSIGNED-. �. •, f j The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby.acknowledged. deposit into the County Treasury V Signed: Signe it �,tf -..�' - .✓' r . p Cou Audtor Deputy Coun Treasurer D-34 Rev.(7-93) r :ZOUNTY'OF CONTRA COSTA f DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIAC. TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650. (For Cash Collection Procedures See County Administrator's Bulletii DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 32.43 Sale of Prints 004530 99311 REV 16GO085 1 137.75 Sale of Prints 6AO026 93.85 Sale of Plans & Specs 004500 6A0196167:70 Corner Records 3997-3999 000651 9660 6LO88D 40.00. Premium Billing 6LO85C -(O DA 00-00005 Drainge Imp Ext 6LO76B 250.00 SD02-08688 ROWL Ext 250:00 SD98-08134 Sub Agmt Ext 250:00, y MSO4-0012 Base Map Fee 004528 99311 161<0030. 75:00 RA02-01137 Sub ROWL Ext .000651 9660 16LO76B 250.00 RA02'01137 Rd Imp Ext 250.00. S006-09142 Land Plan Ck 61_081C 484:00 SD06-09143 Land Plan Ck 352.00 SD 89-07418 Plan Ck Over 6L0072 29'521:36 Notary Fee 1004500 .9975 20':00 TOTAL.. $ Acctng: G1203226-G1203254 DEPOSIT 255;628.19 Deposit consists of the following items Records: G1203049-GI203087 COIN and CURRENCY G 3p�� Eng Svcs: G12 G120't-364 voids G1203082, G1203083 CHECKS,M.O.;ETC. $. 255;534:29 Invoces:912240;912293,912298;.912300;_9123047912305,912309,11I2224, BANK DEPOSITS $ ,: FOR AUDITOR-CONTROLLER USE ONLY 912321,912325;950589,:BXS 32722, 32831, 18988,31026,>31139,26862,23994 DEPOSIT PERMIT DP 24794711207, 15790,25318,:31720, 31192,29417, 30462, NUMBER —' DATE. ASSIGNED 1 11 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 C unty Treasury ift Signed Agh DAl;qV-nty Auditor Deputy County Treasurer D-34 Rev.(7-9 :'IC\:5r COUNTY OF CONTRA COSTA i DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA. -ATO THE TREASURER. N JRECEIVED FROM t . Public Woiis ORGANIZATION NUMBER 650 (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT SR4BA:06-T52 Permit 007862 9755 REV. 6X4409: 16.00 Ind 950589 89 Farden Smith 000672 61.12504 50:00 TP06-00024 BA 32722 10035.20 9660 513051X' 93:39 Z106-1`1413 BA 32831 513048D. 837:54 EF01-00602 BA 18988 000651 61_72RP 2,249:65 6LO83A. . " 160.92 - 16LO83B 90:89 LP05-02077 BA 31026 003520 580029 802:62. .. DP05-03086 BA 31139 5603"6X. 161':43 EL05-20291 BA 26862 00065 16L081 F 96:89 DP0303011 BA23994 003520 513036X" 100.00 TP03=0023 BA 24794 560606 65:97 LP88-02032 BA11207 5B060A 278'04 . ED 98-00418 BA15790000651 6L084B 364:68 EF03-00626 BA 2531.8 61_083A 105.38 EF06-00602 BA 31720 443.88 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 `6C3 i NUMBER.. .,D`1TE: ASSIGNED :►'F:C�: 't. The amount of.irioney;described above is for. Treasurer's receipt of above amount is Receipt of above amount is_hereby acknowledged. deposit into the County Treasury. t A r ia$ Signed: Signety�.� . �K..•—�' /. � -f ��- D�Vdourdy Auditor Deputy County Treasurer r ,. �D=34 Rev:(7-93) r; ;.fY . 819800-0800: 61203056, $7,820.00, MS O4-0012, Cash Bond, Shilpa Pathare, 4410 Black Walnut Court, Concord, CA 94521 819800-0800: G1203065, $5,200.00, DA 04-00036, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203066, $2,400.00, SD06-09144, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203069, $1,000.00, SD06-8930, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: 61203070, $3,300.00, SD06-09142, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G12030741 $3,100.00, SD06-09143, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203080, $1,000.00, RA05-1193, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203084, $5,200.00, PA-04-0017, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203085, $8,000.00, 5D89, 07418, Cash Bond, H & B Property Solutions, 1300 El Camino Real, Colma, CA 94014 0649-9665 / 112300: G1203067, $19,900.00, 5006-09144, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivision: SUB 06-09142 Bond No.: 08862506 Premium $3,255.00 UWROVEMENT SECURITY BOND FOR PUBLIC RIGNr OF WAY LANDSCAPE AGREEMTNT (Performance, Guarantee,and Payment) (California Government Code SeL ions 66462 and 66463) 1, R crrAL OF SMDIVIstON 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 06-09142 as specified in the Subdivision Agreement(Might of Way Landscaping),and to Lvmplete 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. OnICATIO,N: Windemere BLC Land_Company, LLC as Principal,and Fidelity and Deposit Company of Mary1 and a corporation organized existing under the laws of the State of Maryland andaadx&adto 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: uee Hundred Twenty-Five Thousand Five Hundred and 00/100 Dollars($325.500.00 ) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: One Hundred Sixty-Four Thousand_ Four Hundred and 00/100 Dollars ($ 164,400.00 ) t 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. Co?,mmON: 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,administrazars,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 i said agreetncm 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'pan 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. H. 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 attorneys fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by Elie 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 fullyperformed then this obligation shall become nuU 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 ori 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 witho ut regard to and independently of any action against:Principal whenever taken. SIGNED AND SEALED on August 22_, 2006 Windemere- BLC Land Fidelity andbdposit Company PRINCIPAL: Company; LLC SLETy. of Maryland Address: 6121 Bollinger Canyon Road, Suite 500 Address: 801 N. Brand Blvd. , Penthouse .Suite City: San Ramon Zip: 94583 City GlendaleZip: 91203 By: See Attached. Signature Block ByCal o i l ;r 4, , Print Name: Print Name: Jeri Apodaca i ,ti Title: Title: Attorney in Fact u G-T-U6 w9M,,IOCgA*WdxpciSUD 9930Q.Ar 4Cayc Bond Av amnf doc i, Bond No. 08862506(Subdivision Agreement ROW Landscaping) 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 r� By: Brian G. Olin,Vice-President By: llxr� Erik S. Brown, Asst. Secretary ACKNOWLEDGEMENT State of California County of Orange On August 22 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 C 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 BARRAGAN WITNESS my hand and official seal. _T:—;;—rZM- -"Comm1u1on # 1635127 lt Notary Public-CalaOrange County Signature Comm.Expires Jan 5,2010 (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 mate,constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful age - - 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 orin pany,as fully and amply,to all intents and purposes,as if they had been ciwTacl gularly elected officers of the Company at its office in Baltimore,Md.,in tpers e attorney revokes that issued on behalf of Jeri APODACA,dated 7, The said Assistant o hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- ° any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'gyp OfPps�l 0 Z ,.1 a Y 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. �YNtt" 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 22nd day of August 2006 Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of - t On -)F before me, //��" uCA k A n Ci�V_+ (V� I ,1 IIG Date !� Name and Title of Officer(e.g.,"Jai Doe,Notary Publi") personally appeared hl�f} Ivy (I 1.1 c� '�21 ��N Name(s)of Signer(s) �v�-�c�,•n5�rn� `�� \a�c�lsc�- yJtSy�'� o�(�� \�aw�C-vv�e U1�. personally known to me U ❑ 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 MARCIE MARIIINEZ he/she/they executed the same in #4jA;tef/their CAMVIIIIIIII11don#1614317 authorized capacity(ies), and that by lois{ /their NMy tic-CCHOMIc signature(s) on the instrument the person(s), or the ContiaCostaCourdy entity upon behalf of which the person(s) acted, NlyComn ExpbsOct18, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of 6tN Public 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(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ImejIlEQ, ❑ Partner—❑ Limited ❑ General MCINKI" 00 ❑ Attorney in Fact To of thumb here ❑ Attorney in Fact . Top Top of thumb here El Trustee LlTrustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 e M P68 *RC3S 7mlck7 z