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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-434 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this:Resolution on July 8, 2403,by the following vote: AYES: SUPERVISORS GIOIA, UILKENA, AND GLOM— NOES: LOVE .NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE DISTRICT' III SEAT VACANT RESOLUTION NO. 2003/ 434 SUBJECT: Approve the Drainage Improvement Agreement (IDA 0419) for Subdivision 8508, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III} The following document was presented for Board approval this date for Subdivision 8548,drainage improvement agreement file DA 0019,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III. A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,principal, whereby said principal 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 creek restoration improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: ar4j�mazm Public W"ks MS) I hereby certify that this is a true and correct copy of an action Contact: Teri Rie(313-2363) taken and entered on the minutes of the Board of Supervisors on LT.mr a�\GrPD&u Svc\BM0as\a-lo.o3\DA 19130-X&c the date shown. cc: Pubic Works- T.Bell,Construction T—May 10,2004 Windemere BLC Land Company,L.L.0 Brian Olin ATTESTED:_ JULY 08, 2043 3130 Crow Canyon Place,#310 San Ran,CA 94583 JOHN SWEETEN, Clerk of the Board of Supervisors and Fidelity and Deposit Company of Maryland Pat"1L Brebner County Administrator 225 S.Lake Avenue,Suite 700 Pasadena,CA 91101 By Deputy RESOLUTION NO.2003/ 414 1 3. CONDITION' A. The Condition of this obligation as to Sectioo-I(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shalt in all Things stand To and abide by, and well and truly keep and perform the covenants,congiTions and provisions in.the said agreement and any alteration:Thereof made as therein pfos sided, on.is or its part;to be kept and performed at the time and in The mariner therein specified,and in all respects according to their truce intent and meaning, and shall indemnify and sive harmless''thhe 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 cows 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 helot firmly bound unto the Co,.saary 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 Fade for materials fwnished 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 sate 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, assts and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(oar 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 its 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 Parc 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 plaint or specification sof said work agreed to by the Principal and the County shall relieve any,$urcty fl'om liability on this bond; and consent is hereby'given to snake such alteration iyithout further notice to or consent by Surety:and the Surety hereby waives the provisions of California Civil'C6&Section 2819,and holds icscif boui;d without regard to and independently of any action against Principal whenever taken. SIGNETS AND S' ALED on May 14, 2003 ' W114DYMFLE C FIDELITY AND DEPOSIT COMPANY PII.INCIPALB Lennar Ho o California., Inc.. SURETY s n r By By Lawrence IT. Vic mp ice Prt Patricia H. Brebner, Attorney-in-Fact 3130 Chow Canyon, Suite 300 225 S. Lake Avenue, Suite 700 Address _ Sanmen, oda SSS Address Pasadena, CA 91101 Law C+Waia'Lrri'S�el&wmslSX U'oRDVs,+•I U 4a Rry Mo 13.2003 Executed in Duplicate Development No: DA 0019(Cross-Ref 51113 8528) Band: 0864 1806 Premivan: .$3,MM . 0 IIv1FRDVEMENT SECUTY BOND FOR DRAINAGE IMPR.OVEN ENT AGREEMENT (faithful performance& maintenance,AND labor and materials) 1. t .1 ATIDN: WipdemercBKCInd C. ,as Prrr pal, am Fidelity and Deposit Com an of Mar land , a Corporation organized and existing under the laws of the State of Maryland and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors.and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,& Maintenances Four Hunftg S" One Blommd.Nit HIM&ed Fifty Dollar'and 00/1 Qt3{$ 461,22 0.00 for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus J B, Labor& Materials; Iwo hundr d Ihim IbLie JhQ4mnd That kWadjgg I= oars !l (S ?3 :310.02 )fore benefit of persons protected under Title'l5 § et seq..of the California Civil.Cotte. R -MAL OF.CONTRACT. The principal contracted_frith the County to install'ancd pay for drainage and other improvements in - (SIM 852$1 DA 00 L9 _ , as specified in the Drainage Improvements Agreement.and to complete said work within thy:time specified in the Drainage Improvement Agreement for completion; all in accordance with State.and local laws and rulings thereunder in order to satisfy the conditions of approval for - SLM 8508, wingkmcL; P III 3. C NDITIONs If the,principal faithfiully 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 l-(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 Soction 1•(B)above shall become null and void, otherwise this obligation remains in full farce 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 matte such alterations without further notice to or consent: by Surely; 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 saes on this bone}, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. i 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 thins stand to and abide by, and well and:truly keep and perform the covenants,conginons and previsions in.the said agreement and any alteration thereof made as thereinprovided,.on is or its parrs;to be.kept and performed at the time and'in the mariner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and. 4 4 harmless"the County of Contra Costa (or city. assignee), its officers, agents and employees,as therein stipulated,then this obligation shall became 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(8) alcove 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 ether 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 lusuraace 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 3{7$.2)of Pan 4 of Division 3 of the Civil Code,so as to give a right ofaction 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 fish force and effect. C. No alteration of said subdivision agreement or any plaza or specification of said work agreed to by the Principal and the.County shall.relieve any.Surety from liability on this band; and consent is hereby given to make such.altcratic n without Aiiihter 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. SIGNIEU AMID ILE on May 14, 2043 �1'�SEEKEBLC FIDELITY AND DEPOSIT C014PANY PMCIPALB : Leunar Hoo California, Inc.. SURETY its- na r By 13 Lawrence . . Thomp ice Pre!190E Patricia H. Brebner, Attorney-in-Fact 3130 Crow Canyon, Suite 300 225 S. Lake Avenue, Suite 700 Address -_San Raxrt c 90„- Address Pasadena, CA 91101 Law G Grpi3ati'Cn;S,'cV xrss 61ti NVORL1V4-W due Rcv M*13.2403 :• w <.f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 16, 2003 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, 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. Witness my hand and official seal. S. MC DONALD QMVC0Commission#126090 riM&pW=Apr164,20D41 Notary Pub€€c•Cir€€forrila orange County 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: Corporate Officer--Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. 0864 1806 Number of Pages: Two (2) Date of Document: May 14, 2003 Signers (other than those named above): Patricia H. Brebner i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of grange On May 16, 2003 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, 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. Witness my hand and official seal. S. MC DONALD QMyCoCommWfon#12609M ffMW=Apr16.20041 Notary"Ic-Calfty rjo Cronge County 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. Corporate Officer--Vice President Lennar Homes of California Inc DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. 0864 1806 Number of Pages: Two Q Date of Document: May 14, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of orange On May 14, 2003 before me, Alexis H.Bryan,Notary Public , DATE NAME.TITLE OF OFFICER-E.G.,"SANE DOE.NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) personally known to me-OR- (l 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. r.;�—,Z ALEXIS H.BRYAN Commission#1300738 WITNESS my hand and official seal. %My Notary Public-California {)tame county Comm,Expiresr Jun t,2t1U5 V) NATURE qF NOTARY OPTIONAL a 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 C] TRUSTEE(S) (� GUARDIAN/CONSERVATOR NUMBER OF PAGES (1 OTHER: SIGNER IS REPRESENTING; DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8288 Remmet Ave.,P.O.Bax 7184"Canoga Park,CA 91309-7154 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Change Can May 14, 2003 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- ❑ 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(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. AL;;;IS ;_....s�.a r. , IS H BRYteaA Commission#1306738 WITNESS my hand and official seat. + Notary Public-California y Orange County My Comm.Expires Jun 1,2005 NATURE qF 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) PARTNERS) ® LIMITED GENERAL ATTORNEY-IN-FACT Cl 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-4067/13EEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION M 8238 Rammet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Mice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on thb date hereof, does hereby nominate, constitute and appoint Patricia H. BREBNER, of Costa Mesa, Californ' , its true Iawful agent and Attorney-in-pact, to make, execute,seal and deliver,for, and on its behalf as surety, is act an : any and all bonds and undertakings and the execution of such bonds or undertakings in pursuanc se press all be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had b y exec d acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in prope ns. This power of attorney revokes that issued on behalf of Patricia H.BREBNER,dated March 1, The said Assistant Secretary does hereby certify a extra on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and' in force. IN WITNESS WHEREOF, the said V' sidentsistant Secretary have hereunto subscribed their names and p affixed the Corporate Seal of the said LITY EPOSIT COMPANY OF MARYLAND, this 28th day of September,A.D.2001. �1 ATTEST: � FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0-02^4 �� � By: T E.smith Assistant secretary M.P. Hammond Vice President State of Maryland County of Baltimore f ss: On this 28th day of September, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSITCOMPANY 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. ex* Carel J Fader Notary Public My Commission Expires: August I,2004 POA-F 012-5025M 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 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is 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 14th day of May 2003 tom' 1 Assistant Secretary Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD,BALTIMORE, MD 2121'1 - KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Daws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on thb date hereof, does hereby nominate, constitute and appoint Patricia H. BRUNER, of Costa Mesa, Californ' , its true lawful agent and Attorney-in-Fact, to make, execute,seal and deliver,for,and on its behalf as surety, is act an : any and all bonds and undertakings and the execution of such bonds or undertakings in pursuanc se prase all be as binding upon said Company,as fully and amply,to all intents and purposes, as if they had b y exec d acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in prope ns. This power of attorney revokes that issued on behalf of Patricia H.BREBNER,dated March I, The said Assistant Secretary does hereby certify e extra rth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and i in force. IN WITNESS WHEREOF, the said V" sident sistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the sai LITY - EPOSIT COMPANY OF MARYLAND, this 28th day of September,A.D.2001, ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND a otvQsr M 1iWP W By: Qa�w�—j T.E Smith Assistant Secretary M. P. Hammond Vice President State of Maryland County of Baltimore ss: On this 28th day of September, A.D. 2001, before the subscriber, a Notary Public.of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, 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. S" N ow Carol J. Fader Notary Public My Commission Expires. August 1,2004 POA-F 012-5025M ♦t 4 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 Attomeys-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 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing,is a full,true and correct copy, is 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 Attomey-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 14th day of May 2003 r Assismni Secretary SUBJECT: Approve the Drainage Improvement Agreement (DA 0019) for Subdivision 8508, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: July 8, 2003 PACE: 2 I. Cash Bund Performance Amount: $4,670.00 Auditor's Deposit Permit No. DP405704 Date: May 22, 2003 Submitted by: Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94-329-15-16 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 0864 1806 May 14, 2003 Performance Amount: $461,950.00 Labor&Materials Amount: $233,310.00 Principal: Windemere BLC Land Company,L.L.C. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO 2003/434 1 DRAIN-AM IINPROV_EM x_ T AQUEMErtT Subdivision: DA 0019(, roes-mference subdivision 8548) Effective Date: J Developer. WjndcI krre BI&Lwd Company. Completion Periods I year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, CONTRA COSTA C _C LINTY D VE EL--OPI R A Delaware linuted liability company ..� Managing Member Maurice M.Shiu,Public Works Director BY:Lennar Homes of California,Inc., Managing Member By: � t � (signature) (print name&Title) Don Larson,vice President By: (signature) - Engineeri S ce ivision (print name& itle)L m 3ochitrt,Asst.Secretary FQR„APPROVED: Victor J.Westman,County Counsel (NOTE. All signatures to be acknowledged.If Developer is incorporated,signatures must F conform with the desigmted representative groups pursuant to Corporations Code5313.) 1. PAR SEB DA TB.Effective on the above date,the County of Contra Costa,California,hereinafter called"CQUD y,"and the above-named v jg=mutually promise and agree as follows concerning this acceptance: 2. IMP VEMENTS.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. IME&QYEMOT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. for $4,U I�Q sash,plus additional security,in the amount of$461,29, together total one hundred percent(100%)of the estimated cost of the work, Such additional security is presented in the form of: Cash,certified check,or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For PaMe_nt: Security in the amount of$jV L1OQ,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 A__ 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 594-4.406 and S94-4.408 of the Ordinance Code. I 4. 1G,ARAI>t"t�E AND WARRANTY OF WO . 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. 1MPRQ,VEMENT 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 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 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. I3N EMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilitic 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 msing lia ility 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. N_40&204it=: 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. E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the' Contra Costa County Flood Control and Water Conservation District(collectively,"District")against„and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses) to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Ind.("Shapely)including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 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. ASSIQNM . 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,in accordance to the Dougherty Valley KO U. SG: G!\GrpData\EngSvc\Slava\Galc Ranch\DA 0016-Main 9nnchTA 0016 AG-17.doe ttev.April 6,2000 DRAINAGE IMPROVEMENT AGREEMENT r Subdivision: across-reference Subdivision 85Q8) Effective Date: Developer: Windemere BLC Land Compmv I,,�I.0 Completion Period: i year + WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, _CONTRA COSTA CO j7EVELOPER A Delaware limited liability company Managing Member Maurice M.Shiu,Public Works Director BY:Lennar Homes of California,Inc., Managing Member By: (signature) %ASA,RECOMMEND ROYAL ,. (print name&Title) Don Larson,Vice President By: (signature) � -�- Engineeri S ce ivision (print name& itle) Lyfin lochim,Asst.Secretary FORM APPROVED: Victor 1.Westman,County Counsel (NOTE: All sipratures to be adawwlodpd.1f Developer is incorporated,sigmtw=must confo m with the dosiputed represautative poops pwsum to Corporations CodeS313) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named Deyclors,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 Performu.n2l and Gttarar+tee: S4.b70.t10 cash,plus additional security,in the amount of$4§12§M together total one hundred percent(1001%)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 Faymont: Security in the amount of SZ21A10.40.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 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 S94-4.405 of the Ordinance Code. 4. GUARANTEE AND WARRAN'T'Y 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 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 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 benefited and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The lijbilitic 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 proceedings)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. E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell')including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 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 casts 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. A SIIGNMENT. 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,in accordance to the Dougherty Valley KQU. SG: G:\GrpData\En&Svc\Slava\Gale kanch\DA 0016-Main 9ranch\DA 0016 AG-17.doc Rev.April 6,2000 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of � On – —before me D $ Nama anti Teta of CSftic®r(s.g.,`Jena Baa Notary Public'} personally pearedt �_.. �' a " �► ° Name{a}at tgnarte} personally known to me t ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrument and T.AUSTIN acknowledged to me that he}selthey executed Commission# 1378739 the same in h4llwWtheir authorized Notary Public - Coiifornio capacity(ies), and that by hiefii'their Contro costo county signature(s)on the instrument the persons),or M'✓Comm.Exp�esOCt7.2006 the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and official,seal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons retying 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 11 Corporate Officer—Title(s): ❑ Partner--©Limited 0 General ❑ Attorney-In-Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: C 1999 National Notary Association•9350 De Soto Avo.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationatrwtary.org Prod.No.5907 Reorder:Cali Toff-Froo 1.800-876.8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ���� On k - rn Jam) before me. D U Nur»and Tobe of Ofhoor(a.g.,*Jana Doe/Notary Puma) personally` geared Name(s)of ignu(a) h'personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and 7 AUSTIN acknowledged to me that 4efhelthey executed Cornmisslon# 1378734 r the same in Mef#er/thelr authorized Notary Public - California capacity(ies), and that by W~their Contra Costo County signature(s)on the instrument the person(s), or My COMM,E4►'esOct 7,2006 the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and official,seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:_ Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: MOM © Individual Top of thumb here El Corporate Officer—Title(s): 0 Partner--®Limited 0 General El Attomey-in-Fact Q Trustee El Guardian or Conservator Other: Signer Is Representing: 01999 National Notary Assoolinlon*9356 qa Soto Ave.,P.O.66X 2402»Chataworth,CA 91313.2462•www.nafonatnotitry.org Prod.Na 5907 Raon*r:Call Toll-Free 1.866.878.6827 1 i 0' • • k M #. 0 WA HIM HIM� « l 'R ME ME HIM MAN VA r ` HIMHIM � HIM .,M, .4 r • TOTALDEPOSIT DepoO corWsts of the foWng COIN and CURRENCY $ AN • ETC. s / l s _BANK DEPOSITS F Receipt of above amount is hereby The amount of money 1 r descrilmd above is for TreasureesSII IM I I � TmountI is approJiIA�IMh, dePosit into the County Treasury. ac k Sl � M ! 4r i R i" • 'i s . sy: - FMADWAMEWAP IV-AN WX W. M10O.- 1= MAIN - '�► - J No 0 MKIN :1 Deposit conAft of the following itom L ► ,, < * i• • MW' . K*AUDFtOR-CONTWLLER USE OKY DEPOSIT PERMIT DP- DATE t « rb t ASSIGNED The amount of money described oboye is for Treasurees receipt of above amount is approved. Receipt of above ornount is hereby deposit into the County Treasur)6 aekrawkKlpd Deputy County Treasurer AI .e3 � COUNTY:OF CONTRA COSTA _. DEPOSIT PERMIT d OFFICE OF COUNTY AUDI[COR-CONTROLLE <_.- ' MARTINEZ,CALIFORNIA TO THE TREASURER; RECEIVED FROM ORGANIZATION NUMBER � V y Chi (For Cash Collection Procedures seer County Administrator's Bulletin 105.) DESCRIPTION FUND/OW- SUB. TASK TION ACTIVITY AMOUNT ACCT J 5 tai i t i It 1 ( ( i t t i i i i t t i x,. 1 i . 1 t t i i i F i i i i EXPLANATION: TOTAL $ DEPOSIT Deposit consists of the folly ng itetaut COIN and CURRENCY $ CHECKS,M.O,ETC. 3 SAW DEPOSIT$ $ FOR AUDITOR-CONTROLLER USE ONLY ER� ®P NUMBER ( � DATE The amount of money described above is for Treasurer's receipt of above amount is approved Rateipt of above amoynt is hereby deposit into the County Treasury. oc data �?CJ Title' ' j/. G/NiltT. 7 Deputy Audi �. Deputy County T y.34 REV.I7-S'3j COUNTY:OF CONTRA,COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR CONTRCkLE r TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM 456)0 ORGANIZ016N NUMBER (For Cosh Collection Procedures we CounGty,Administrator's Bulletin 105.) DESCRIPTION FUND/OMSU& TASK OPTION ACTIVITY AmOiNT ACCT S 96V 1 LAO*i i 1 t ( i i i i i i t i 1 t t 3 1 4 1 1 t t t EXPLANATION. TOTAL S DEPOSIT Deposit consists of the following iterm COIN and CURRENCY $ - — CHECM M.O�ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE C*LY DEPOSITPERMIT .• NUMBER �P DATE +� ASSIGNED The amount of money described above is far Treasurer's receipt of above amount is awed. Receipt of above is hereby deposit into the County Treasury. `"� f/ t Title° (/. /,Ist7(1 7 RTS ty C ✓iso"County Treasurer 5-34 REV(7-93) . t I 39 - 64+ 14- 74+ 5 r f18.92 » 00+ 30 # 868 . 00+ ", ���( + 0 7k c 6p262 - 00+ 11 - 91 + G � Jy 500 . 00+ 6 • 5 0 + 10 - 00+ 2 5 + # 425 - 00+ 3 • 9 9 + 36 . 0 + 35 # 944. 98+ 1 2 3 » . + 28 . 15+ 1 2 9 9 + 530+ �C`C114 , 819 . 39d 0 » 3 3 + 2 . 55+ 50 - 12+ 6 . 50 + 5 0 . 52 ' � 57 - 37 C-0. 4•C-0. 4. { 0 - 12* tch5O . 12- � � 110819 . 39* 6 50 + 1 2 99 + 6 # 262 . 00+ 5 9 9 30 # 868 - 00+ 6 # 892 . 00+ 14 - 74+ Cask 8 1 • 3 8 + 0 •> 107 . 37 24. 65+ �1 � 's� 0670 . 00+ a3 0 . 1 .+ 3 , 24 # 1 50 . 00+ 1 i27 » 44+ ��`C� 1 0 7 ,• 3 7 + 2 p 500 » 00+ ,.e}8 ,.., ! 5 0 0 0 # � _,7 . !2 5 7 - 3 7 24 -.65+ 1 5 )JJ . 00 24 . 65+ 34. 64+ 60 . 0:0+ 11 . 91 + 5T0J:0 > 09 10 - 00+ 007 500 - 00+ 28 . 15+ 0 „ 35x944- 98+ 2v425- 00+ 613 - 001- 0 . * 34 . 64+ 60 - U0 � 114 # 819 . 39* 1 # 90.,0 - t0i0 � 0 » ;� 5 # 1000 . 00+ 0 . 31 '+ s 3f `> • 47 H 34 . 64+ �, 34 . 64+ � 1 �a. - r�F"F 007 003 24 . 65+ 1 Jg 3 ' l > • 7 f r' Y �4. » 24. 65+ s -ro7f& 2 # 500 . 00+ C1 *=� 24* 50#1 » 00 + «65+ i 39- 64+ 14= 74+ b5 ll�C1 , 61892 . 00+ v6t AS 30x868 ` 00+ 61262 . 00+ 9 . 74+ `' �"` 11 - 91 + G I�lLy 500 . 00+ 6 5 0 + 10 - 00+ 3 2-5 + 2 , 425 - 00+ 1 2 9 9 + 36 - "+ 35 , 944- 981+ 1 2 9 9 + 8 . 15+ 1 5 30+ �C14, 89 • 90 40 • 3 3 + 2 * 55+ 6 • 5 0 + 50 . 12* 5 7 • 3 7 � 0'` � 114813 . 39* 6 y 5 0 + 6 5 0 + 6 262 = 00+ 1 2 9 9 + 30 , 868 ` OU+ 2 5 9 9 6 ► 892 . 00+ 39 . 4+ 111 25 99 + U = '£ 107 . 37k 24= 6:+ Illtvo 4o670 * 00+ 03 .0. 31 + 1 0 7 ;• 3 7 + 2x500 = 00+ 2,3 , 3, 4,,2 5 0 0 0 24 . 65+ C 7 • tJU+ ---:_ . 34 . 64+ tt • OJ � 11 . 91 + 10 - 00+ 007 kGcpp 1� 1 50' 0 - 00+ s 3:5 , , • 4,1 9 * "14+ F 28 = 15+ 35* 944* 38+ 2# 425= 00+ 61) -00 0 = 34. 64+ 60 - 00 }' 114 # 819 - 39* 1 90,) - 01Ir 0 * * 0 - 3'1 + 3:3 3l') • 47+ i 34 - 64+ a 12 - 44+ :31+ 34 - 64+ ty 007 0'0 3 7 24* 65 } 3:5s ) ` t} Ipc 24 - 65+ �t7", 2s500 - 00+ C) . *• 24* 500 . 00+ * 65+ i ..Ac n Civiln:I p 1nerW:=*j+wmw ce Cash i l 0682-9752 / 8192061: 61116252, $1,900.00, Waterbird Way Vacation Apn 159-250-015-9 Applicant UDI-Tetrad Consulting Engineers, Inc.' Conco Cement Co., 5151 Port Chicago Highway, Concord, CA 94520-1216 0649.9665 / 881000: 611166271 $6,262.00, Sub 8713 Landscape P1ar, Check, Windemere BLC Land Co., LLC, -130 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 61116628,,30.868.00, RA1142 Landscape Plan Check (81C), Windemere BLC Land Co., LLC, 3130 Crow Canyon P1 ##310, San Ramon, CA 94583 0649-9665 / 831000: 61116629,$6,892.Ot3, Sub 8714 Landscape Plan Check (81C), Windemere BLC Land Co., LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 61116634/$24,500.00, DG 0019 Phase III Main Branch Creek Improvements Drainage Acceptance Civil Inspection Deposit Windemere BLC Land Co., LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61116635,-'$2.500.00, D6 0019 Phase III Main Branch Creek Improvements Drainage Acceptance Plan Review Additional Deposit, Windemere BLC Land Co., LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61116641,1500.00, Record of Survey Deposit, Betty . A Adrian Karris, 1166 Dunsyre Drive, Lafayette, CA 94549 0649-9665 / 831000: 61116644, $34,944.98, Sub 7553 Improvement Plan Checking Deposit, Discovery Builders, Inc. 4061 Port Chicago Hwy, Suite # H, Concord, CA 94520 0649-9665 / 831000: 61116645;$2.425.00, Sub 7553 Map Check Deposit, Discovery Builders, Inc. 4061 Port Chicago Hwy, Suite # H, Concord, CA 94520 i 0682-9752 / 819200: G1116252, $1,900.00, Waterbird Way Vacation Apn, 159-250-015-9 Applicant UDI-Tetrad Consulting Engineers, Inc.' Conco Cement Co., 5151 Port Chicago Highway, Concord, CA 94520-1216 0649-9665 / 831000: G1116627, 6,262.40, Sub 8713 Landscape Plan Check, Windemere BLC Land Co., LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000. G11166283O.868.00. RA1142 Landscape Plan Check (81C), Windemere BLC Land Co., LLC, 3130 Craw Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: G1116629, $6,092.00, Sub 8714 Landscape Plan Check (81C), Windemere BLC Land Co., LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1116634'$24,500.00, DG 0019 Phase III Main x Branch Creek Improvements Drainage Acceptance Civil Inspection Deposit Windemere BLC Land Co., LLC, 3130 Crow Carryon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 01116635,-'$2,504.44, DG 0019 Phase III Main Branch Creek Improvements Drainage Acceptance Plan Review Additional Deposit, Windemere BLC Land Co., LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 01116641, 544.40, Record of Survey Deposit, Betty A Adrian Karris, 1166 Dunsyre Drive, Lafayette, CA 94549 0649-9665 / 831000: 01116644, $34,944.98, Sub 7553 Improvement Plan Checking Deposit, Discovery Builders, Inc. 4061 Port Chicago Hwy, Suite # H, Concord, CA 94520 0649-9665 / 831000: G1116645 $2.425.44, Sub 7553 Map Check Deposit, Discovery Builders, Inc. 4061 Port Chicago Hwy, Suite ## H, Concord, CA 94520 Executed in Duplicate Development NO: DA 00I„9(Cross-Ref 5VE 8508) $Anna 0864 1806 Premium: 3, 3 . 0 114PROVEME NT SECLgUTY BOND FOR.DRAINAGE IMPR.DVEIv NT AGREEMENT (faithful performance& maintenance, labor and materials) 1. OOLIGAT ON, .. W" emere BLC any, LL-C. ,asPtin pal,and bidet it and De osit Oom an of Mar land , a corporation organized and existing under the laws of the State of Maryland and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally hind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance=& MAintonaucea .Pour HMD434 5j=One lbousaAd Nie Hgadad Fi 1)ollar9 and 00!100{$ 461.950100 l for itself or any city-assignee under the below-cited Drainage Improvement Agreement,.plus B, Labor lliatecaalx: w€ hun e e oars 00/l (S - "?33.310.00 }for the benefit of persons.proteeted under Title 15 et seq.of the California Civil,Code. 2. RECITAL OF CONTRACTa The ipal contracted with the Chun y to install and pay for drainage and other improvements in (SUB I + ,t�Ql , as specified in ttzc Drainage Improvements Agreement,and to complete said work within the time specified in the DraimW Improvement Agreement for completi= all in accordance with State.and local laws and rulings thereunder in order to satisfy the conditions of approval for 8508 wi a. CONDITION: If the principal faiMWly performs all things required according to the terms and conditions of said contract and improvement plan and improvements meed on by the principall 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 thern for said work and improvement,,and protects the premises from claims of such liens,then this obligation as to Station 1-(E)above shall become null and void; otherwise this obligation remains in full farce 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 .0 alifomia 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 pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. i