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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-406 6.14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 11, 2001, by the following vote: AYES: Supervisors Gioia, Gerber , DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 2001/406 SUBJECT: Approve the Drainage Improvement Agreement for East Branch Alamo Creek Restoration, DA 0002 (cross-reference SUB 7976), Dougherty Valley area. The following document was presented for Board approval this date for,property located in the Dougherty Valley area. A Drainage Improvement Agreement with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Drainage Improvement Agreement within one year from the date of said agreement. Improvements generally consist of restoration of creek. Said document was accompanied by the following: Security to guarantee the completion of drainage improvements as required by Title 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $24,000.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: DP372608 dated 8/7/01 \ paap G:GrpData\EngSvclBO\2001\BO 9-11-O1.doc I hereby certify that this is a true and correct copy of an action G:\Gr Originator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: Teri Rie(313-2363) on the date shown. cc: Pubic Works- R.Bruno,Construction Current Planning,Community Development T-July 11,2002(PI) ATTESTED: September 11, 2001 Windemere BLC Land Co.,LLC,Attn:Pete Peterson 3130 Crow Canyon Place,Ste 310,San Ramon,CA 94583 JOHN SWEETEN,Clerk of the Board of Supervisors and The American Insurance Co.,Attn:Patricia Brebaer 5 Peters Canyon,Irvine,CA 92606 County Administrator By Masa_- ,Deputy RESOLUTION NO. 2001/ 406 \.VVI\1 I VI -/DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER S u G (o"9ximfion) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACT TASK OPTION ACTIVITY AMOUNT PJ�zc��z 1 �v r 73 �S 43.5 o �� f t3�'y�'� $ I I I I t I i 1 i I I I i I I i i i I i i I i I 1 i F EXPL TION: TOTAL $ a -v 3c­5 — ?.� moo/a DEPOSIT 3 i Deposit consists of the following items y'u ,�//j S — G1�'!./ r��S COIN and CURRENCY a CHECKS,M.O ETC a '_. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBERS DATE •37G00- Ui/ 7141 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approve Receipt of above amount is hereby deposit T' to the County as acknowledged Soma— Date Signed: Signed: Title: / S (J.�it" EXT. -2'Z Deputy County Auditor County Treasurer" 34REVdi79� �� �Z &WA li`rl v� 59 G i�.t�O �'c �G'�� �/ �o �` r'�a uJ ��v y�.,i �ol• c��'c a /a7� �i,� �� v.✓� �q • P Ys$ 3� f G/' l--G.�.s C',oic 0 07 4 sr o 145° o�d /9// mar DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0002(cross-reference Subdivision 7976 Effective Date: 140 zcv East Branch Alamo Creek Improvements Developer: Windemere BLC Land Co.,LLC Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director Windemere BLC Land Co.,LLC A _ By: (Signature) P (Prim Name and Title) 7--J,4,L � (�r`eg RECOMMENDE F(6APPROVAL L..,_1 v►h b.Y' By: A. (Signature) 0,,,V9,3Zc,_sDivision (Print Name andTitle),\Q-,\ 1_t".1n%1 Ot 1`"Um HS QA , \T%L FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.if Developer is incorporated,signatures mail conform with the designated representative groups pursuant to Corporations CodeS313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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 Developer shall provide as security to the County: A. For Performance and Guarantee: $24,000.00 cash,plus additional security,in the amount of$2,375,000.00 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 cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer 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$1,199,500.00,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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval ofwork 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 Developer 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities 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 any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,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 indemnity has prepared,supplied,or reviewed any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any Indemnity. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer 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 Developer 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. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. TRJap G:\GrpData\EngSvc\Teri\2001Vuly\DA 0002 AG-17.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT j State of California County of xa - t?t . sLc� ss. On S L,14 A) 001 , before me, '---I 1-(IG G��C Date Name and Title of Officer(e.g.,"Jae Doe,Notary Publi ) personally appeared a_rS,&1, �- Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name}is/a14 subscribed to the within instrument and — acknowledged to me that he/s1l`1kM*executed TRAC! R. RAN BALL the same in his/h�th� authorized � ;7:�7�_ � Commission# 12422,94 zp Notary Pubic-CaPornia z> capacity(ie4. and that by his/h�/th 5 •i Alameda County signature(s�_on the instrument the person(Kor MyCx—rrrn.F-;*i3sNbv19,2ar3 the entity upon behalf of which the person(, acted, executed the instrument. i WITNESS my hand d 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. f Description of Attached Document Q - ,p Title or Type of Document: J y�lib� 1itit � e Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ' , I '/ Signer Is Representing: k/-c�,�b nt BLL ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE A NOWLEDGMENT No.5907 State of California County of Orange On July 18, 2001 before me, Leigh Christiansen,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Patricia Brebner NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon LEIGH CHRISTIANSEN 4 behalf of which the person(s) acted, executed the instrument. COMM.#1156545 Kr U NOTARY PUBLIC•CALIFORNIA n ORANGE COUNW 2001 ' My Comm,Expiros$ept. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 m 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 IREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBUX INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY.a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia Brebner bf Costa Mesa, CA their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect This power of attorney is signed and sealed under the authority of the following Resolutiop adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies:' IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 30 day of January , 2001 c •ecru,, �.w++, ►� `'`. "'""N w FIREMAN'S FUND INSURANCE COMPANY "°R,O �� o * .•Y.. V� ff r o+°1°t NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY ,<..•aaaro - : itz A ILTASSOCIATED INDEMNITY CORPORATION �. ' :�,' .; °`•, �• f+`*, ... „�`� ' ,'--�,� s` AMIItI UTOMOBR E INSURANCE COMPANY STATE OF CALIFORNIA SS. By COUNTY OF MARIN } Yice President On this 30 day of January 2 001,before me personally came Donn R. Kolbeck to me known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instnrment;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRISTIN A GAZZOU D 0 COWS1262236 d NOTARY PUSUG1ALIFORNIA Q / MAMN COUNTY ♦ Mr Caam FVIm APA 20,2004 A STATE OF CALIFORNIA i SS. CERTIFICATE N trj COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 18th day of July 2001 \�•a[[f.�c°I ,`�yM�[°64 v`r•�E""`,� a "' aER.],9,0 • , EEA L 4 •A~ct��` ��fCE iov�� �f00°�, Resident Assistant CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of opyctcam; W ss. w before me, Cin—S,"(4 (�, —Date Name and TO,of Officeir(e.g.,"Jane Doe,Notary Public") personally appeared I C�'►� , Name(.)of Signer(.) personally known to me ❑ proved to me on the basis of satisfactory evidence — — to be the person(O whose name($-} is4 TRAC. Q. RA1V—Ai.L subscribed to the within instrument and _ ,t„5�E.: Commission# 1 Z Notary Public-Cci�forrlia � acknowledged to me that he/sjar�1th*executed Alameda County the same in his/WAh-gdr authorized My Comm-B-4*esNov 19,MM capacity(ie4 and that by his/h*AhW signature(Won the instrument the person(4 or the entity upon behalf of which the person( acted, executed the instrument. WITNESS mynd and official seal. , -L aeAl, (J1-A01 (1iZtX- Place Notary Seal Above Signature ofNotary 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 Signer's Name: _ ❑ Individual . Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General wz ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of i �f��5 6 ss. O 13 _') before me, QCT -� ' ' O JI CC Cl PJ&'_ Date Name and Title of Officer(e.g.,"Jane Doe, tary Public") personally appeared rXh�eyL , Name(s)of Signer(s) ":personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(o�_whose name( is/ate subscribed to the within instrument and Tfl,A( 1 p y,M1 acknowledged to me that he/sWh6Qexecuted + . C:)nnr^ISS on* t e, °4 the same in hisft0thta L authorized ���` t~tnfary Pubi,L C r Fc rnia > capacity(ie,� and that by his/hb0thk4r Z" ° s A!cmeda County signature((on the instrument the person(, or MyCanm.E7sNov19,?DCXi the entity upon behalf of which the person(L acted, executed the instrument. WITNESS rn and d official seal. (X&7 ( Place Notary Seal Above Signature f 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(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-8768827 r SUBJECT: Approve the Drainage Improvement Agreement for East Branch Alamo Creek Restoration, DA 0002 (cross-reference SUB 7976), Dougherty Valley area. DATE: September 11, 2001 PAGE: 2 II. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 111 3358 3275, July 18, 2001 Performance Amount: $2,375,000.00 Labor&Materials Amount: $1,199,500.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Drainage Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2001/406 Development No: EXECUTED IN DUPLICATE Bond: 111 3358 3275 4 Premium: $8,313.00 C . IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance &maintenance, AND labor and materials) 1. OBLIGATION: Windemere BLC Land Company, LLC (Principal), as Principal, and The American Insurance Company (S , a corporation organized and existing under the laws of the State of Nebraska and organized and existing under the laws of the State of California, as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, & Maintenance: Two Million Thn-P HuncirPrl SPVPnry Fi xrp Jhnusand ($ 2,375,000.00 )for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor &Materials: One Million One Hundred Ninety Ni nP Thousand Five-Hundr.ed Dollars ($— 1,199,500.00 1 for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in Windemere, Phase 1A 1. , as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement for completion, all in accordance with State and local laws and ruling...`'-,-eunder in order to satisfy the conditions of approval for East Branch Alamo Creek Restoration 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will"24y,reasonable attorney fees fixed by court to be taxed as costs and included in the jud JUL 2 U 2001 �kl �J 3. CONDITION' A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its 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 any action against Principal whenever taken. SIGNED AND SEALED on July 18, 2001 _ PRINCIPAL.W+ndamere 1�,i— V or%A eCm►oanu,,LLC-w SURETY The America-u Insurance Company C'w;Fotq�a 'j-,4-s + .abi�+t<S tcxhpa r By / tie ,�,W By C�. �� Dor ►ee- c�i-s+Je•-+ r+nc,nye t-eA Bair dig 0 Patricia Brebner, Attorney—in—Fact Address 3130 exyw (X',S�e -'s'0 Cc-%.(r�n«Address 5 Peters Canyon Road :n, �-n ;kO-mOYN O� q`A 5'$3 Irvine, CA 92606 GAGTpDalaWzgSvc\Forms\BN WORD\BN-I O.doc kEv.'Sepkmlxr 13 2600 DevelopmentNo: X r EXECUTED IN DUPLICATE Bond: 111 3358 3275 Premium: $8,313.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE HVIPROVEMENT AGREEMENT (faithful performance &maintenance, AND labor and materials) 1. OBLIGATION: Windemere BLC Land Company, LLC (Principal), as Principal, and The American Insurance Company (Surety), a corporation organized and existing under the laws of the State of Nebraska and organized and existing under the laws of the State of California, as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, & Maintenance: Two Million Three Hundred Seventy Five Thousand ($ 2,375,000.00 )for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor& Materials: One Million One Hundred Ninety Ni nt-Tho sand Five Hundred ($ 1,199,500.00 1 for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2. RECITAL OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in Windemere, Phase 1A - , as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage hnprwement Agreement for completion,all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for East Branch Alamo Creek Restoration 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens, then this obligation as to Section 1-(B)above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications 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 alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California t-;ivil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this b attorney fees fixed by court to be taxed as costs and included in the judge Q-4- -11 � nn E JUL 20 2001 i. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its 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 attorneys fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(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 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 any action against Principal whenever taken. SIGNED AND SEALED on July 18, 2001 PRINCIPAL t r\A e-,-ngre-Q>LL kp-r,dA OgDMpon. � I-Le-- SURETYhe American Insurance Com an C' d' Ub- y AhA AM. b �'it By A By 08-vr"i� "di- ,'\�"A- �-e'q 00-T-t+00-Ne-S 0 Patricia B'rebner, Attorney-in-Fact Address Address 5 Peters Canyon Road 3O O-rOLO See_ Irvine, CA 92606 mw 5 C'-V\ 0-V-,\ C\ WGrpDaf4TxgSvc\Fo=s\BN WORMN-1 ILL-"Sepftw&T 13;2bDO CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ( State of California b4c6L ss. Countyof I On_� D U L I , before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary P blit") personally appeared � nti 6Lr5 - Name(s)of Signer(s) personally known to me ( ❑ proved to me on the basis of satisfactory evidence TRACI R. RA,NDALL Commission# 12423 94 to be the person(Awhose name(g) is/* f- Notary Public-Califomia z - ;. , subscribed to the within instrument and Alcmeda County acknowledged to me that he/skd//th i executed tvtyCarnm.FxpresNov19, 3 the same in his/h�t'Lthh�C authorized capacity(ie4b_ and that by his/beM11's r I signatures on the instrument the person(.,,or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my h nd ond official seal. L Ck.ec 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 I Title or Type of Document: Document Date: �uA"11 a Number o Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: fJ Signer Is Representing: Lti�i 11fJC ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402"Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-8766827 CALIFORNIA ALL-PURPOSE A NOWLEDGMENT No.5907 State of California County of Orange On July 18, 2001 before me, Leigh Christiansen,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia Brebner NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LEIGH CHRISTIANSEN COMM.#1156546 U NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY WITNESS my hand and official seal. ►- My Comm.Expires Sept.25,2 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 54067/GEEF 2198 ®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 IREMAN'S FUND INSURANCE COMPANY NATIONAL,SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBU E INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomestieated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia Brebner bf Costa Mesa, CA their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect This power of attorney is signed and sealed under the authority of the following Resolutio4 adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: 'RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies:' IN WTI'NESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 30 day of January 2 0 01 Q aunrr �rr"'s � �•`•".'F,4 "' FIREMAN'S FUND INSURANCE COMPANY V NATIONAL SURETY CORPORATION % ,�• _.— i� TIlE AMERICAN INSURANCE COMPANY xn.�vro e a A L cS ASSOCIATED INDEMNITY CORPORATION �c.,vy �. .o•• *rNca co'� *�M E•ca�� rytoM,�na�t AMEBIC UTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIASS. By ^"'� COUNTY OF MARIN } Vm-Pmsident On this 30 day of January 2 001,before me personally came Donn R. Kolbeck to me known,who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRISTIN A.GAZZOU D 0 COMM.*1252236 NOTARY PUBUG-C&IFORNtN MARIN COUNTY 0 Q My Comm.En*-Aprl 79,400d A N STATE OF CALIFORNIA i SS, CERTIFICATE COUNTY OF MARIN f I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors; set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 18th day of July 2001 \�aaturyC.I Wr��Gt. �yj de C At r-'�'.* Krtawo z2, v hymen N +�kct•�°�' j?lo a�'' ResidentAtsistant