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HomeMy WebLinkAboutMINUTES - 02272007 - C.23 Contra 3 2- SE__L TO: BOARD OF SUPERVISORS `��'-�-�- �`--�o�' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORCosta x= „auras tz DATE: February 27, 2007 =` -e6--- . �~�`04 a County srA `C'1 SUBJECT: Approving Subdivision Agreement(Right-of-Way Landscaping) for Subdivision 06-09143, 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/ for Subdivision 06-09143, approving Subdivision Agreement (Right-of- Way Landscaping), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Landscape plans for Subdivision 06-09143 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 Lands aping) will not be approved. Continued on Attachment: ✓ SIGNATURE: 'RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE --APPROVE OTHER SIGNATURE (S). ACTION OF B00b ON APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VOF SUPERVISORS copy of an action taken and entered on the VUNANIMOUS(ABSENT minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: BB:vz G:\EngSvc\BO\2007\02-27\SD 06-09143 BO-16.doe ATTESTED: 4 "49'o" Originator: Public Works(ES) Contact: T.Rie(313-2363) JOHN CULLEN, Clerk o e Board of cc: Public Works- Construction Current Planning,Community Development Supervisors and County Administrator T—December 27,2006(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,Uilkenna, Bonilla, Glover and Piepho NOES: None ABSENT: None'.. ABSTAIN: None RESOLUTION NO. 2007/ SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 06-09143, 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- 09143, located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $3,100.00 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 Originator: \2007\02-27\SD 06-09143 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: T.Ric(313-2363) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development T-December 27,2008(P1) ATTESTED: Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN,Clerk of th 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:Jeri Apodaca By , Deputy IV RESOLUTION NO.2007/ �� SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 06-09143, 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: 08862507 August 22, 2006 Performance Amount: $310,400.00 Labor& Materials Amount: $156,750.00 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. 2007// `: . ... ._............._....... .... .... . ..... . . .. .... ........ ..._ ..... .. . . ... .... . . . SUBDIVISION AGREEMENT (Right of Way Landscaping) (Govemment Code§66462 and §66463) --;t— Subdivision: SUB 06-09143 Effective Date: Subdivider: Windemere BLC Land Company. LLC Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEME1zE BLC LAND COMPANY,LLC A California limited liability company By:LEN-OBS WINDEMERE,LLC, a Delaware CONTRA COSTA COUNTY SUBDIVIDER: limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC., Maurice M.Shiu, Public Works Director a California corporation, its Managing Member (signature)���G By. (print name&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL: \ (signature) BY Engineering Services Di on (print name&title)Erik S.Brown,Asst.Secretary FORM APPROVED: Victor J.Westman, County Counsel (NOTE:Ali 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 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 lolled"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 superiorto 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: J A. For Performance and Guarantee: $ 3.100.00 cash, plus additional security, in the amount of_$ 310.400.00 which together total one hundred percent(100%)of the estimated lost 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 underthis Agreement and maintenance of the work for one yearafterits completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment Security in the amount of$ 156.750.00 ,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 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 worts 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. l 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-yearfrom and afterthe 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 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 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 anysuit(s),action(s),orother proceedings)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 specification(s)in connection with this work orsubdivision,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. CO : 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 eventthe County proceeds to complete and/or maintain the work. Once action is taken by Countyto 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. INCQRPORATIONIANNEXATION. 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 recordthe Final Map or Parcel Map for said Subdivision. :kw:lap G:TngSvcVN1Ii1eellandscape1SU8 914311.andscape Improvement Agreement.doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On �v, before me, MUL' /\li �;ju:L Date Name foe Off ,(e.g.,"Jane Doe,Notary Public") ` personally appearedtet}1J Name(s)of Signer(s) �� .tnfte�ry V1u Lk V \0,Vkdsc&1ak. au reg.�<Personally known to me ❑ 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 MARCMMAJIMNEZ hefsh /they executed the same in bis#ter/their CoMMMOn#1614317 authorized capacity(ies), and that by ,ktisfhm/their Notchy Public-Caiiforntc signature(s) on the instrument the person(s), or the Contra Costa County entityupon behalf of which the person(s) acted, [*,MY Comm.Expires Oct 18,2009_ p p ( ) executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Atary 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 ❑ Partner—❑ Limited ❑ General _ ElAttorney in Fact WIN NIMA To of thumb here El Attorney in Fact El Trustee ' P El Trustee Top of thumb here ❑ 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 1299 Newell Hill:Plam,Ste.301 JOHN NICOL Phone: (925)934-7140 Walnut Creek,CA 94596-5220 & ASSOCIATESi INC. Fax: (925) 934-7143 Landscape Architects Bonding Project Name: Windemere-Subdivision 9143 Village 48 Estimate Location: San Ramon,California Name of Client: Windemere B.L.C.Land Company,LLC Date of Estimate: Au st 17,2006 Item QuajE I Unit I Item Description Unit Price I Extensions A. SUBDIVISION 9143-VR"GE 48 CSA MAINTAINED LANDSCAPE 1 44,607 SF Irrigation system Lc2yera2.75 122,66 .25 2 1 EA Irrigation system contra er remote controls) 9,500.00 9336M. 3 1Irrigationtem sten 22, .00 7 qEARoot.barriers Lana soi tton 1 .10 5 206 or trees in curb!tri 0 7 280.00 57, 80.00 23 EA Root barriers or trees in front -2 7 140.60 3,220.00 7 21 A Au ere treewe s or.trees in areas . 0 2,180.00 8 2 9 EA l5gallontrees . 0,610.00 9 3,462 F S & oundcover 1. 3,8 .20 10 2 , 48 SF Soddedturf17,608.80 11 1 , 9 uch 0.25 3,UT75 12 44,607 SF 65. y maintenancee(post-ac tance 0.18 8,029. 13 23 EA Extended maintenance for.street trees in frontyards) 22.00 506.00 ubtotal: $285,00836 10%contingency: $28,500.84 Total rounded tot e°nearest andred : $313,500.00 Notes: 1.Street trees within the front yards will be irrigated off each homeowner's individualirrigation system..Any necessary estimates for the balance of the front yard landscaping,including the irrigation system,shall bee submitted with the. front yard landscape plans. 2..Quantity of augered treewells includes all trees in curbb strips and half of thosein thefront yards. 3.Concrete mowbands have.been.included in the.RAI 175.estimate. 4..Meter pedestal has been included in the.Village.47.estimate.. .... ... ........................................ DSCAp� , N1C0L '4•p 4 4T9 be Of Cq SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: SUB 06-09143 Effective Date: 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 By:LEN-OBS WINDEMERE,LLC, a Delaware CONTRA COSTA COUNTY SUBDIVIDER: limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC., Maurice M.Shiu, Public Works Director is California corporation, its Managing Member (signature) `�Gr= By. (print name&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL: (signature) Gig✓ ' ���'—� BY (print name&title)Erik S.Brown,Asst.Secretary i Engineering Services Division 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.) PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,Caliifomia,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 for this subdivision as reviewed and on file with the Contra Costa County Public Works Departmentand 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 superiorto 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: $ 3.100.00 cash, plus additional security, in the amount of_$ 310.400.00 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. 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$ 156.750.00 ,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 XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees paymentto 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. y 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. l 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. i; S. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its;special district,elective and appointive_ boards,commissions,officers,'agents,and employees. B. The liabilities protected against are any liability or claim fordamage of any kind allegedly suffered,incurred orthreatened 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 oraccepted the work as complete,and including the defense of any suNs),action(s),orother proceeding(s)concerning said liabilities and claims. i, C. The actions causing liability are any actor omission(negligent ornon-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 specification(s)in connection with this work orsubdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partlyfomz 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. i 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 incorporatedas 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. **lap G:1EngSYCVN1 ileeUmW.Cape1SU8 9143LL 2M Cape MpMvWMt Agreementdoc- Rev.May 18.2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /t ss. County of C (�. Cbl'31� On �, before me, MLI g�nl[AO'2 RUJAIC., Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared \d�1J �`��N Q, C_ 12 k- Name(s)of Signer(s) W\�.rn.�te, V�u �� Su,�c��wt�• `C?t�J �a��sc��e. � re�e. e,��� Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(sHstare subscribed to the within instrument and acknowledged to me that MARCS MAtt1R EZhefsh /they executed the same in git+er/their COMn*Slon# 1614317 authorized capacity(ies), and that by Aisfher/their Natary Pubdc-California signature(s) on the instrument the person(s), or the Contra Costa county entity upon behalf of which the person(s) acted, P.MKOMM.Expires Oct 18,2009 executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of N aryPublic 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 nimmijinturvimmm ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact Top of thumb here EJ Attorney in Fact Top of thumb here El Trustee El 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 BOUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650. s (For Cash Collection Procedures See County Administrator's Bulleth DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 32.43 Sale of Prints 004530' 9931 REV 16130085 137.75 Sale of Prints I 16AO026 93.85 Sale of Plans &Specs 004500 IF 6A0196' 167.70 Corner Records 3997-3999 000651 9660 61_088D 40.00. Premium Billing 61-085C 3 DA 00-00005 Drainge Imp Ext 6L 76B 250.00 SD02-08688 ROWL Ext 250.00 SD98-08134 Sub Agmt Ext U904-0012 Base Map Fee 004528 9931 61<0030 75:00 IRA02-01.137 Sub ROWL Ext 000651 9660 6LO76B 250.00 RA02�01137 Rd'Imp Ext 250.00, SD06-09142 Land Plan Ck 6L081C 484.00 SD06-09143 Land Plan Ck 352.00 SD'89=0741'8 Plan Ck Over 1, 16LO07221521:36 Notary Fee 004500 9975F 20:00 TOTAL, $ Acctng: G1203226-G1203254 DEPOSIT 255;628.19 Deposit consists of the following items Records: G1203049-G1203087 COIN and CURRENCY. $_ 93:90 G Eng Svcs: G12 G120W voids 131203082,G1203083 CHECKS,M.O.;ETC. $ 255;534.29 Invoces:912240,912293,191229819123007:912304,912305,912309,,912224, BANK DEPOSITS - $ FOR AUDITOR-CONTROLLER USE ONLY 912321;912325,950589, WS 32722, 328310 18988,31026,11139,26862,23994 DEPOSIT -PERMIT DP . 4 24794, 11207, 15790,25318, 31720,31192,29417, 30462, .-I NUMBER DATE. ri C. 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 C unty Treasury zftl �4ry/ Signed: ;. Simone 7-7i�f "fi'. /f -�`-.- �-+ �" Dt urdy Auditor Deputy County Treasurer D-34 Rev.(7-9 . COUNTY"OF CONTRA COSTA ,9 �' DEPOSIT PERMIT F ?g OFFICE OF COUNTY AUDITOR CONTROLLER MARTINEZ,CALIFORNIA41 . g'CEIVED FROM TO THE TREASURER: z Public O,F(S ORGANIZATION NUMBER 650 (For Cash Collection Procedures See County Administrator's Bulletin 105) DESCRIPTION FUND/ORO SUB TASK OPTION ACTIVITY AMOUNT ACCT $ SR413A-06-T52 Permit 007862 9755 REV 6X4409 16.00 Ind 950589 89 Farden.Smith 000672 IOU2504.. 50.00 TP06-00024 BA 32722 003520 9666 513051X' 93:39 2106-11413 BA 32831 513048D 837.54 EF01-00602 BA 18988 000651 6L72RP 2;249:65 6L083A, •160.92 . 6L08313 . . 90'89 : LP05-02077 BA 31026 003520 5B0029 80162. . D005-03086 'BA 31139 56036X: d EL05-20291 BA 26862 000651 6LO81F 96:89 003-030.1.1 BA 23994 003520 513036X : . 1:00.00. TP03=0023 BA 24794: 51306013. 65:9.7 LP88-02032 BA11207 5B060A 278'64 'ED 98=00418 BA15790 000651 6LO84B 364:68 EF03-00626 BA 25318 61_083A 105.38 EF06-00602 BA 31720 .443.88 EXPLANATION: TOTAL_ S.. DEPOSIT C.C.: Deposit consists of tFie_following items COIN and.CURRENCY CHECKS;M.O.,ETC $ BANK DEPOSITS. $. . FOR AUDITOR-CONTROLLER USE ONLY., DEPOSIT PERMIT NUMBER DATE. ASSIGNED The amount of moneydescribed:above is for Treasurer's receipt of above amount is Receipt of above amount is,herebyacknowledged. deposit into the County Treasury 40414 j.. v Signed: Signe D oun' Auditor DeCoun :Treasurer `D=34 Rev.(7-93) t - COUNTY OF CONTRA COSTA i s DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO`THE TREASURER: RECEIVED FROM - - Public Works ORGANIZATION NUMBER 650 turg anizapon) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT- ACCT 3 . FS05-00050 BA 31192: 000651 9660 REV 6L83PV 2,578.16 FS05-00033 BA 29417 1,754.03 MS05-00029 BA 30462 6L0034 1,476.1.6; Postage Reimb 004500 2103 SAS 999SAS 16.47- Trust Fund 819800 0800 37,020:00' 000.649 9665 197,740:00 000682. 9755 3,600:00` EXPLANATION: TOTAL.:,:. DEPOSIT- C.C.: Deposit consists of,the.followind.items COIN and CURRENCY $ CHECKS;M O:;.ETC. BANK DEPOSITS $' FOR AUDITOR-CONTROLLER USE ONLY' DEPOSIT PERMIT .:DP' NDAMEBER ' 6.98517: G 31 *jK '. ASSIGNED 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 _. Signed: Slgne4 it ,,i T —� ".Fi'—�' * �r - - County Audtor T Deputy County-Treasurer D-34 Rev.(7-93) 819800-0800: G1203056, $7,820.00, MS 04-0012, 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, 5006-8930, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203070, $3,300.00, SD06-09142; Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203074, $3,100.00, 5[)06-09143, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583- 819800-0800: G1203080, $1,000.000 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, .$8,000.0 , SD89, 07418, Cash Bond, H & B Property Solutions, 1300 EI Camino Real, Colma, CA 94014 0649-9665 / 112300: G1203067, $19,900.00, 5D06-09144, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 4 EXECUTED IN DUPLICATE... Subdivision_ SUB 06-09143 Bond No.: 08862507 Premium $3,104.00 IMpRovE RENT SEcvRrrY BOND FOR PUBLIC RYGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Govcmmcm 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 Subdivision 06-09143 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 arcordnncc 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: _ Windetnere 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 ,aManho&Ato 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: Three Hundred Ten Thousand, Foul Hundred and 00/100' Dollars($310400,00 1 for itself or any city assignee under the above County Subdivision Agreement,plus B: Payment: One Hundred Fi f)y-Six Thous nd, Seven Hundred Fif y and 00/100 Dollars($ 156,750.00 1 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. CONDMON: " -,.A. The Condiriou of this obligarion 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 ;:` 4, and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agrecmcnt and any alteration thereof made as therein provided,on is or its part,to be kept and = `'t 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 :.r; ... 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. C As part of the obligation secured hereby and in addition to rbe face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by County(or city assipze) 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.(D) 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 otherpersons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials f u-nished 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 fart 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. 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 o f action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fulIypedormed 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 liabiliry on this bond; and consent is hereby given to make such alteration without further notice to or consent,by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 22, 2006 Windemere BLC Land Fidel t,y:and Deposit Company pRINCIpA-L: Company, LLC SYJ;C2.ETX: of Maryland. . Address: 6121 Bollinger Canyon Road, Suite 500 Address: 801 N. Bli rand Blvd. , Penthouse Suite City: San Ramon zip; 1 94583City. Glendale zip: G-1203 —� ~ By: See Attached Signature Block gy Mint Name: Print Name: Jeri Apodaca Title: Title: Attorney in Fact u G:tEa Q$vcB�la oGcxpctS(JB sD30 Lao=yc Bona.aV....mr dm i. Bond No. 08862507 (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 By: Brian G. Olin,Vice-President By: Gy%✓ i 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 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 Commission# 1638125 WITNESS my hand and official seal. Notary Pubflc-Calltornia. Orange County Signature My Comm.Explre3 Jan 8,201 (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-40671GE 1106 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 ° in pany,as fully and amply,to all intents and purposes,as if they had been c ac w �b gularly elected officers of the Company at its office in Baltimore,Md.,in t pers �y , e attorney revokes that issued on behalf of Jeri APODACA,dated 712 The said Assistant o 40atthe 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 'gyp DE P Os�t W 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. 1Y�k� "Al- WWr m C011�` 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 -. County of (n- � „ lr� ss. On ag OSP before me, /\i ryw MoAlew, IQs[ VLJol I,G DateName and Title of Officer je.g.,"Jane Doe,Notary Pub' personally appeared S1Q xy-) 6 t 10 2, lc?,l VL S 134bt-z tJ Name(s)of Signer(s) Xrsonally known to me ❑ pto me on the basis of satisfactory evidence to be the person(s) whose name(s)aefsare subscribed VARC IE to the within instrument and acknowledged to me that CentMIlIdOn*1614317 he>she/they executed the same in hkOhet�their NOkly Pust'CautonVo authorized capacity(ies), and that by HM, r/their Contm Coda COQ signature(s) on the instrument the person(s), or the 4PIMVC01IM-EXPIM0018,20091 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of tary 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 ❑ GeneralElPartner—El Limited ❑ General ❑ Attorneyin Fact ' El Attorney in Fact ' El Trustee of thumb here ❑ Trustee Trustee Top of thumb here ❑ 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 1299 Newell HiR Place,,Ste.301 JOHN NICOL Phone: (925)934-7140 Walnut Creek,CA 94596-5220 & ASSOCIATES, INC. Fax: (925) 934-7143 Landscape Architects Bonding Project Name: Windemere-Subdivision 9143 Village 48 Estimate Location: San Ramon,California Name of Client: Windemere B.L.C.Land Company,LLC Date of Estimate: Anest 17,2006 Item Ouantity I Unit I Item Description Unit Price Extensions A. SUBDIVISION 9143-VILLAGE 48 CSA MAINTAINED LANDSCAPE 1 44,607 SF Imgation system coverage) 2.75 122,66 .25 2 1 EA Irrigation system controller/remote controls) 9,500.00 9,5 3 =Irrigation system(booster p W.00 22, .00 7 F landscape soilon 0.30 13, .10 5 206 EA Rootbarriers arriers or trees in cur .stri 0 7/LF) 280.00 57, 80.00 23 =Root ers or trees in front -2 7 140.00 3,220.00 7 218 EA Augered treewells for trees inturf areas . 0 2,180.00 8 2r9.= 15 gallon trees 90.00 0,610. 9 3, 2 F S & oundcover 1. 3,808.20 10 29, 48 SF -Sodded 17,08. 11 1 9SF BarkMulch 5 3,814.75 12 44,600 7 SF 365.day maintenance(post-acceptance) 0.18 8,029.2 13 231 EA Extended maintenance for street trees in frontyards) 22.001 506.00 Subtotal: $285,008.3 10%contingency: $28,500.84 Total tounded to the:nearest hundred : $313,500.00 Notes: 1.Street trees within the front yards will be irrigated off each homeokmer's individualirrigation system..Any necessary. estimates for the balance of the front yard landscaping,including the irrigation system,shall be submitted with the. front yard landscape plans. 2.Quantity of augered treewells includes all trees in curb strips and half of those in thefront yards. 3.Concrete mowbands have been included in the.RAI 175.estimate. 4.Meter pedestal has been included in the.Village.47.estimate.. .... . . . . ................................... . .. pSCAR�r �11COL 4 p. Signa yA9 Gripe �P 4F Gq