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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-563 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 17, 2002,by the following vote: AYES: Supervisors Uil?cema, Gerber, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None - ABSTAIN: None RESOLUTION NO.2002/ 5 6 3 SUBJECT: Approval of Road Improvement Agreement for Phase 1B Windemere Backbone Roadways, RA 1123 (cross-reference Subdivision-7976) being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval for Phase 1B Windemere Backbone Roadways,Road Acceptance file RA 1123 (cross-reference Subdivision 7976)property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of roadway and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action WL.cw taken and entered on the minutes of the Board of Supervisors on 0-:OrpDatalHngsvcctBo�2002\9-17-02\RA 1123 so-15.doc the date shown. Originator: Public works tas7 Contact: warren W(313-2408) ATTESTED: September 2 4, 2002 cc: Pubic wogs- T.Bell,Construction Current Planning,Camrrramity Development JOHN SWEETEN,Clerk of the Board of supervisors and County T—June 2003 Administrator Windemere BLC land Company,LLC 3130 Crow Canyon PI.,#310 San Raman,CA 94598 Attn:Brian Olin American Motorists Insurance Company By Deputy 7470 North Figueroa Street Los Angeles,CA 90041 Attn:Patricia IL 13rebner RESOLUTION NO.2002/ 5 6 3 SUBJECT: Approval of Road Improvement Agreement for Phase 1B Windemere Backbone Roadways, RA 1123 (cross-reference Subdivision 7976)being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: September 17, 2002 PAGE: 2 L Cash: Bond Performance Amount: $44,330.00 Auditor's Deposit Permit No. DP391439 Date: August 14, 2002 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-329-15-16 If. Surety Mond Bond Company: American Motorists Insurance Company Bond Number and Date: 3SM04770200, August 8, 2002 Performance Amount: $4,388,670.00 Labor&Materials Amount: $2,216,500.00 Principal: Windemere BLC Land Company, LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/563 COUNTY OF CONTRA COSTA e DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREkSURER: MART EZ, IFORNIA RECEIVED P,10M i ! ORGANIZATION NUMBER (For Cash Collection Procedures see County Adninistrator's Bulletin 105.) DESCRIPTION FUND/ORG Sulk ACCT . TASK OPTION ACTIVITY AMOUNT 9231 _ 3 ilob Ci ALL-L-A)AWL)EAE U, Ca I �( t� x LAJ jaoz:� 5-B 0C EA F4 Cf4 I idol, XPLANATION: _ry TOTAL J DEPOSIT v {, Deposit consists of the folkrwi items C 616 D� COIN and CURRENCY $ CHECKS,MX,ETC. $ + BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DATE43 # AUG f 4 ASSIGN he amount of r ronay described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit�resrs fhe Ca�mty .nsasury. acknowledged. r. igneclzL. ,z r 1,.% D..—, ' I VI_EXT Sgnad: j'� signed:-_1 ZJ '()( n tie: { �- , - � ` ' Deputy County Treasurer 4 REV.(7-93) COUNTY OF CONTRA COSTA {} Y DEPOSIT PERMIT OFFICE OF COU14TY.,AMTOR-CONTROLLER TO THE TREiSLIRER: MARTINEZ,CALIFORNIA RECEIM FROM .> ORGANIZATION NUMBER s (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG ACCT TASK TION ACTIVITY AMOUNT 1 1 t -- 1 1 1 if -1 1 1 1 It1 1 t 1 1 i G 1 1 1 1 j-1-1 - 1 1 1 1 1 1 1 k< 1 1 t i 1 t 1 1 1 t i 1 I: I I I I I I I I I I I I I I I I I I I1 i 1 I 1 1 ExPLANATIC-N: TOTAL $ 1 DEPOSIT 1 Deposit consists of the following items COIN crhd-C- NCY $ CHECKS,MO,ETG BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER (. - — DATE <5 17 1 ASSIGNED The amount oCmoney described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit Irto he County Treasury. oc Signed L f Date t • Title �( is '7 '.1/�EXT. - Signed. +, ., Signe C7 .. ) DeputyCokty Aud` Deputy County Treasurer 34 REV.(7-93) �l 000649-9665 1831000: G1093856, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 $11,516.54, SUB 8606 Improvement Plan Check $11,784.00, SUB 8606 Inspection Fee Deposit 828800-0800: G1094041, $1,684.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 821500-0800: G1094041, $894.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 819800-0800: G1093848, $14,990.00, SUB 8156 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #'310, San Ramon, CA 94583 819800-0800: 61093850, $44,330.00, RA 1123 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: G1093853, $16,790.00, SUB 8155 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: G1093854, J1,841.00, SUB 8606 Cash Bond, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 819800-0800: G1093857, $15.000.00, FC Permit #617-00 Cash Bond, City of Brentwood, 708 Third Street, Brentwood, CA 94513 qqY6 Carlson, Barbee If 13 & Gibson, inc. CIVIL ENGINEERS SURVEYORS PLANNERS BOND ESTIMATE 7/26/2002 BACKBONE IMPROVEMENTS-PHASE 1 B JOB NO.:462-00 RA 1123 CONTRA COSTA COUNTY,CALIFORNIA _ . Unit tem Description Quantity Unit Price Amount CONSTRUCTION COSTS STREET WORK-(Windemere Park-wavl 203mm AC Paving 15,070 M2 $ 42.63 $ 642,434.10 214mm Aggregate Base 15,070 M2 $ 25.68 $ 386,997.60 w` 381mm Lime Treat 15,070 M2 $ 5.72 $ 86,200.40 Concrete Sidewalk 2,400 M2 $ 45.00 $ 108,000.00 Wheelchair Ramps 4' EA $ 2,500.00 $ 10,000.00 E< Concrete Bus Turnouts 2 EA $ 10,000.00 $ 20,000.00 `r Traffic Striping and Signing 1 LS $ 20,000.00 $ 20,000.00 8 Street Monuments 5 EA $ 1,000.00 $ 5,000.00 Curb and Gutter(Si-150) 1,200 M $ 50.00 $ 60,000.00 10 Curb Subdrains 1,200 M $ 70.00 $ 84,000.00 1'1 Median Curb(A1-200) 1,195 M $ 50.00 $ 59,750.00 12 Median Curb Subdrains 1,195 M $ 70.00 $ 83,650.00 13 Fine Grading(R/w-WV1') 21,750 M� $ 3.20 $ 69,600.00 14 Electroliers 21 EA $ 4,000.00 $ 84,000.00 Subtotal $ 1,719,632.10 STREET WORK-lHarcourt Wayl 15 76mm AC Paving 10,325 M2 $ 15.96 $ 164,787.40 15 183mm Aggregate Base 10,325 M2 $ 21.96 $ 226,737.00 17 381 mm Lime Treat 10,325 M2 $ 5.72 $ 59,059.00 13 Concrete Sidewalk 3,120 M2 $ 45.00 $ 140,400.00 19 Wheelchair Ramps 27 EA $ 2,500.00 $ 67,500.00 2) Traffic Striping and Signing 1 M $ 10,000.00 $ 10,000.00 9,1 Street Monuments 15 EA $ 1,000.00 $ 15,000.00 22 Curb and Gutter(Si-150) 1,610 M $ 50.00 $ 80,500.00 23 Curb Subdrains 1,610 M $ 70.00 $ 112,700.00 itl Fine Grading(WW-Rlw) 16,200 M2 $ 320 $ 51,844.00 27 Electroliers 16 EA $ 4,000.00 $ 64,000.00 Subtotal pRoES8104-1 $ 992,523.00 s 4504 9 m Exp•3/ /00 Wintlemere 462.00 Bond-003xl: Page 1 Ulcered. 72262W2 2603 CAMINO RAMON,SUITE 100 • SAN RAMON, CALIFORNIA 94583 (925)866-0322 FAX(925)866-8575 Unit Item Description Ouantity Unit Price Amount STREET WORK-(Albion Roadt 261 122mm AC raving 6,100 MZ $ 25.62 $ 156,282.00 27i 214mm Aggregate Base 6,100 M2 $ 25.68 $ 156,648.00 28, 381 mm Lime Treat 6,100 M2 - $ 5.72 $ 34,892.00 29 Concrete Sidewalk 1,810 M2 - $ 45.00 $ 81,450.00 361: Wheelchair Ramps 3 EA $ 2,500.00 $ 7,500.00 31, Traffic Striping and Signing 1 LS $ 10,000.00 $ 10,000.00 32, Street Monuments 5 EA $ 1,000.00 $ 5,000.00 33(: Curb and Gutter(Si-150) 990 M $ 50.00 $ 49,500.00 34 Curb Subdrains 990 M $ 70.00 $ 69,300.00 35 Fine Grading (WIN 1111Y) 9,900 M2 $ 3.20 $ 31,680.00 36, Electrollers 10 -EA $ 4,000.00 $ 40,000.00 Subtotal $ 642,252.00 STORM DRAIN-(Phase 113 Backbone Roadwevsl 37" Catch Basin(Type A) 1 EA $ 1,500.00 $ 1,500.00 38, Catch Basin(Type A over type t manhole base) 32 EA $ 3,000.00 $ 96,000.00 39 Catch Basin(Type A over type 11 manhole base) 2 EA $ 3,500.00 $ 7,000.00 40, Field Inlets (Type C over type 1 manhole base) 7 EA $ 3,600.00 $ 25,200.00 41 Manhole(wMh type t base) 7 EA $ 1,900.00 $ 13,300.00 42> Manhole (with type 11 base) 1 EA $ 2,500.00 $ 2,500.00 43 450mm Storm Drain Pipe 802 M $ 225.00 $ 180,450.00 44< 600mm Storm Drain Pipe 871 M $ 300.00 $ 261,300.00 45 750mm Storm drain Pipe 191 M $ 375.00 $ 71,625.00 461, Stub/Plug 8 EA $ 1,500.00 $ 12,000.00 47, Tie to Existing Storm Drain 3 EA $ 1,500.00 $ 4,500.00 Subtotal $ 675,375.00 SUBTOTAL BOND AMOUNT $ 4,029,782.10 10%m CONTINGENCY $ 402,978.21 TOTAL BOND AMOUNT(to nearest$1,000) $ 4,433,000.00 INSPECTION FEES(to nearest$1.000.1 1 TOTAL INSPECTION FEE ($8,000+4.5%over$100K) $203,000.00 2 TOTAL INSPECTION FEE REMITTED WITH STORM BRAIN $185,000.00 TOTAL INSPECTION FEES(to nearest$1,000) $18,000.00 Whdemere 462-00 Bond-OD3.xis Page 2 Updated. 7)262002 ROAD'IMPROVEMENTAG MdENf De"loper: #a!r�A G+ tG L t-G Effective Date: 6 Development: RAI 123(x-ref SUB 7976) Completion Period: 1 year Road'::: Win emere IB Backbone Roads DEVELOPER:WINDEMERE BLC LAND COMPANY LLC, A California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC A Delaware limited liability Company ;TRA COSTA COUNTY DEVELOPER By:Lennar Homes of Califomia,Inc., Maurice M.Shin,Public Works Director Managing Member n t✓U1J $y: s {signature} (print name&T116) Don Larson,Vice President 1 €�v1Mll*IDED 1+)R APPROVAL yAA By: ' �&— (signat Engineering Scmvi a Di io (print name&Title ,Lynn Jochi Asst.Secretary (�''d APPROVED: Victor J.Westrrum,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DAU Effective on the above date,the County of Contra Costa,California,hereinafter called"CvuntY,"and the above-mentioned DmLqR mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydruts,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development 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 Srom date hereof in a good worletsumlike manner,ire accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and ruling::made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. 11v2ROVEH5n SEC[JR1I Y. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the Count: A. For Pcrformatrce and Ouarante : $44,3310Q cash,plus additional security,in the amount of S 4,388,6 0.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the 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 Pa ent: Security in the amount of$2.216,500.00 which is fifty percent(50116)of the estimated cost ofthewo& Such securit7 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 materiels to theme or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the mount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code, 4. Q IARANTEE AND WAgaAM OF WORK Developer guarantees that said work shall be free from defects in material or workmanship and shall perfomi satisfactorily for a period of ono-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, The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. S. KANT ESTABLISIDIM WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant estah3shment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Publi>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 Rurd of Supervisors accepts the work as complete. b MiPROVEMENT 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 me-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. 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 Developer of his obligation to fulfill this agreement as prescribed;nor shall the 0 untybe thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. S. RMEM=: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The jgdc=itjes benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officrirs,agents,and employees. B. The liabilides protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defi nf.d below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liabiliy,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defew,ie of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions caul liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attribt4able to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of thorn; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, suppE;d,or approved any plan(s)or specification(s)in connection with this work,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. : Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. ISN-UJ=RMAN.CE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails tr>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 mcurrA by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to compl,te and/or maintain the work. 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 compt,tes 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 art mey's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. 1NQORPORATTON/ANNEXATION. If,before the Board of Supervisors accepts the work as complete, the development is included in territory mcorpp)rated 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 transfuh,ed to the new or annexing city.. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as thou gh Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. ,.o,_ County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. — Other(requires County Counsel approval WL:cw o:\(hpr,st&WmgSwc\W anvn12oo2\Aaga,\tAt\RA 1123 ACr-24A)c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of cz 1 L Cn i� County of Lm l� On r + U-1- before meA)f%tcV-q Date` Name and Tltle of C"Icer(e.g.,"Jane Doe,Not Publle) personally appeared eu,5r� and winl)C)C�t 1�vt 1:11arne(s)of Signer(s) personally known to me OR–D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Aare subscribed to the within instrument and acknowledged to me that�he;4sM/they executed the _ same in hiefhw/their authorized eapacity(ies), and that by DEBRA p 5t��RWC74D kHsl#�erltheir signature(s)on the instrument the person(s), COMM,*1313582 or the entity upon behalf of which the person(s) acted, OTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY Qexecuted the instrument. COMM.EXP.JULY 16.2R25'b WITNESS my hand and official seal. Signature of Notary_ ubilc 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: D Individual D Individual D Corporate Officer D Corporate Officer Title(s): Title(s): D Partner—D Limited D General D Partner----D Limited D General D Attorney-in-Fact D Attomey-in-Fact D Trustee - D Trustee f O Guardian or Conservator • D Guardian or Conservator 0 Other: Top of thumb here D Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 Aadonal Notary Association•8236 Remmet Ave.,P.17.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-SW-876-6827 band No.: _- LI 047 .702 00 Development: 1123 (x-re( SUB 7976 Premium: $21,944.00 It►tI ROVEMENT SECURITY JIONU FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. WCITAL of ROAD ItlllPROVEJAMENT ACREEMENT: The Developer(Primcipal) has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and ether ,improvements on, or along Roadway Agrergment #1123 to complete said wont within the time specified for completion in the Road Improvement Agreement,all in aecordat;cc with State and local laws and rulings. 2. .0B.LIGATION: Windemere BLland Cg=any. as F'rir ipal artd American Motorists * , a corporation organized under the Iaws of the State of Illinois , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows. *insurance Company �eventy -iA. Performance: four Million Three Hundred 'Eighty-Eight Thousand Six Hundred Dollars ($4,388,670.00) for itself or any city assignee fonder the above County Road Improvement Agreement,plus 13 Paymeat: Two Iviillion Two Hundred Sixteen Thousand Five Hundred Dollars($2,'21.6,5OO.00)to secure the claims to which reference is made in Title 15 § et seq. of the Civil Code of the State of California. i. CC'* 't)J ,'ON: :. l:re Condition ofth.is obligation as to'Section(Z.A.)above is such that if the above bonded Principal, or principal's 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 a,E,:xeement and any alteration thereof made as therein provided on it or its part, to he 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 fall force and effect. As pari of the obligation secuzed hereby and in addition ro the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assipee,in successfully enforcing such obligation, all ro be taxed as costs and included in any judgement rendered. Th B. e condition of this obligation, as to Section (2.8.) 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 meta and ether persons eiriployed in the performwice of the aforesaid agreement and referred to in the aforesaid Civil Code, for rmate ials furushed,labor of .any kind, or for amounts due under the Unemployment Lasurance Act with respect to such work or labor and that said undersigned surety will pay the same in an arnount not exceed.irig the amount herein above set forth and also,incase suit is brought upon this bored,will pay,in addition to the fact amount thereof,reasonable costs,expetnses and fees,includingreasonnable attrnrneys fees,inccwiedby the County of Contra Costa or city assignee,in successfully ernforcl-Ug such obligation,to be awarded and fixed by the court, all 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 Dart 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain its full fbrce and effect C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to .snake such alteration withour further notice to or consent by the 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. 4. SIGNED AND SEALED. The undersigned executed this document on August 8. 2002 Windemere BLC Land Company, LLC By: Lennar Homes. of California, Inc, PRINCIPAL: � is manager StFRE f Y: American Motorists Insurance any .addr' ss: 31301 Crow Canyon Place, #310 Address: 7470 NorthPiRueroa Street -_ City. San- Ramo City: _ Los Anizeles. CA 90041 Print Nar ne; i7nvid ons Print Marne: Patricia__ Title_' vice President Title. Attrurtney-iL-fact X G Gtp ytx �c,1L'pteen'?tRiry.kugUSrRA 1X23$`:-9.00c CA LIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT" State of California County of Orange On August 9, 2002 before me, Gordon J. Peterson, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. =DON J.F'ETEAR N Witness my hand and official seal. Commission#1335380 Ncotsry Public-California £ ✓ 4bI,�' Ganga County t.. mycomm.Evifft DW 17,2005 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corgrate Officer—Vice President L.ennar Homes of California. Inc. DESCRIPTGN OF ATTACHED DOCUMENT Type of Document: Bond No. ##SM 047 702 00 Number of Pages: Two (2) Date of Document: August 8, 2002 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of 2rattge On Aueust 8. 2002 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) (� personally known to me OR- El 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/shelthey executed the same In his/her/their authorized capacity(les), 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. ALEXIS H.BRYAN WITNESS my hand and official seal. Commission#1308738 z Notary Public-Csli OMia f , Orange County a My Comm.Expires Jun t,2045 SIGNATUR F 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 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 140671GEEF 2M 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Bax 7184•Canoga Park,CA 91308-7184 POWER OF ATTORNEY Klow All Men By These Presents: Pkat the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of lit,nols, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do h oreby appoint Jane Kepner , Mike Parizino , James A. Schaller , Alexis H. Bryan , Nanette Mariella-Myers , Lida Enright , Leigh McDonough , Jeri Apodaca , Patricia H. Brebner , Suzanne Edwards and Monde C. Abel of COSTA MESA , CA (EACH) . their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of.,this power for and on its behalf as surety, and as their act and deed: Aty and all bonds and undertakings E aCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bind within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. Tile execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Csmpany as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. Tills Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hV.01nafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In w sting and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-In-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature Wareof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following re-Wution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and hold on the 23rd day of February, 1988: "!'OTE?, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing-and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to reoolutlon adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FIS 09 76 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seats to be affixed by their authorized officers, this November20, 2001. Attestkd and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company eecap f91NatTK)N oh ti. Conway, Corpor Secretary Gary J. Vly,OFnior Vice Prest STAT,-'-c-OF ILLINOIS SS COUP�4TY OF LAKE SS I, Maria 1. Omori, a Notary Public, do hereby certify that Gary 4. Tully and John K. Conway personally known to me t( be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manfacturers Mutual Insurance Company, Corporations organized and existing-under the laws of the State of 1111nol's, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said Instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purpr)ses therein set forth. ----------------------- 73FFICIAL SEJ�ZDD3 �L WORT N{7fAR1 t K,STATE Of IL µ C=K-EX�� 1Maria 1. Omorl, Notary Public My commission expires 9-17-03 CI= 'IFICATION t, J K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated November20, 2001 on behalf of the person(s) as listed above Is a true and corm.0 copy and that the same has been In full force and effect since the date thereof and Is In full force and effect on t€ie date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Atte<ney as Senior.Vice President, was on the date of execution of the attached Power of Attorney the duly eled0d Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. IN '4STIMONY WHEFtIr-OF, l have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual lnsl>-ance Company on this 8th day of Auguste , 20 _U. e FN II.U04 iGNN9NiS'N!N Joh K.]Conway, Corporate rstary Thi > Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except In the manner and to the extent herein stated. Horne Office: Long Grove, IL 60049 FK 0 75 (Ed. 09 01) Page 2 of 2 Printed In U.S.A.