HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-704 TRE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on December 2, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.20o3/ 704
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere
Main Branch Alamo Creek DA 0019 (cross-reference Subdivision 8508) being
developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty
Valley) area. (District M)
The following document was presented for Board approval this date for Windemere Main
Branch Alamo Creek, DA 0019 (cross-reference Subdivision 8508) located in the San Ramon
(Daugherty'Valley) area.
A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land
Company, L.L.C., developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right-of-Way Landscaping) within one year from the
date of said agreement. Improvements generally consist of creek landscape restoration
improvements.
LT:rm I hereby certify that this is a true and correct copy of an
G.\GrpData\Engsvc\Eio12003112-02-031DA 19 Bo-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Teri Ric(313-2363) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
J.Gray,Engineering Services DECEMBER 0 2 2003
Current Planning,Community Development ATTESTED: :
T—July 23,2004(PI)
Windemere BLC Land Company,L.L.C. JOHN SWEETEN,Clerk of the Board of Supervisors and
Brian Olin County Administrator
3130 Crow Canyon Place,#310
San Ramon,CA 94583
Fidelity and Deposit Company of Maryland
Leigh McDonough
225 S.Lake Avenue,Ste.700 By ,Deputy
Pasadena,CA 91141
RESOLUTION NO,20031 704
SUBJECT: Approve Subdivision Agreement (Dight of Way Landscaping) f€1r Windemere
Main Branch Alamo Creek DA 0019 (cross-reference Subdivision 8508) being
developed by Windemere BLC Land Co., L.L.C., San Ramon (Dougherty Valley)
area. (District III)
DATE: December 2, 2003
PACE: 2
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
1. Cash Deposit
Deposit Amount: $1,300.00
Deposit made by: Windemere BLC Land Company,L.L.C.
Auditor's Deposit Permit No. and Date: 410840 August 26, 2003
II. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 0871-9207 August 6, 2003
Performance Amount: $129,300.00
Labor&Materials Amount: $65,300.00
Principal: Windemere BLC Land Company, L.L.C.
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way
Right-ofWay Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003/704
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
kGovernment Cade§66462 and §66463)
Subdivision: DA 0019 (,Cross-Reference SUB 8608) . . Effective Date: -
Subdivider: Windemere BLC Land Company, L.L.C. Completion Period, 1 year
WINDEMERE BW LAND COMPANY LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company
By:LEN-OBS Windemere,LLC,
CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company
Managing Member
Maurice M. Shiu, Public Works Director BY:Lennar Homes of California,Inc.,
Managing Member
By: (signature)— �
(print name&Title) 66%Larson,Vice President
RECOMMENDED FOR APPROVAL:
By:
�l {signatu
Engineering Services ivi I (print name itle) ynn Jochi ,Asst. Secretary
FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. if Subdivider is
Incorporated,signatures must conform with the designated representative
groups pursuant to Corporations Code§313.)
1. PARTIES& DATE. Effective on the above date,the City of County of Contra Costa,California, hereinafter called"County,"and
the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements,
signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the
improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall complete sold work and improvements(hereinafter called"work")within the above completion period from date
hereof as required by the California Subdivision Map act(Government Code§§66410 and following), in a good workmanlike manner,in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder,and where there Is a conflict between the Improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT ECVRITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. For Performanoe and Guarantee: $ 1.300.00_ cash,plus additional security, in the amount
of_ ,$ 129.300.0,0 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 Subdivider guarantees performance under this Agreement and maintenance of the work for one year after
its completion and acceptance against any tfefective workmanship or materials or any unsatisfactory performance.
B. For Paymen: Security In the amount of$ 65,300.Qt � which is fifty percent(50°Po)of the estimated
cost of the work. Such security is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment
or furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§944.406 and§94-4.406 of the Ordinance Code,
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
•4
5. 1ItANT ESTABLISHMENT WORK. ,bdivider agrees to perform establishment wk or landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed, rodent
and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said
plant establishment work shall be performed for a period of one-year m and after the Board of S,ppervisors accceep"e work as complete.
At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish.the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period, said Improvement plans prove to be inadequate in
any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined below,and including personal injury,death, property damage,inverse condemnation,or any combination of
these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning
said liabilities and claims.
C. The ections causinst iiaiF are any act or omission(negligent or non-negligent)in connection with the matters covered
by this Agreement and attributable to the ubdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D Non-Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any
indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,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.
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 ofBLC's activities under Section S(c)ofthat certain"Supplement to Cooperation Agreement,"dated June,2800,
by and between BLC and Shapell Industries,Inc.("Shaped")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 l 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.
9. CO TS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities
required thereby,
10. allRVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NQN-PERFORMANQE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees,to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys, contract,overhead,etc.)immediately upon demand,
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event
the County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even
if Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INC R ORATiONIANNEXATIQN. if,before the Board of Supervisors accepts the work as complete,the subdivision is included
in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit, bond,or
letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party
beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shalt allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
gran
GAGrpDst®tEnCSvclf ormv\AG WORMAG-30A.doc
Rev.May 18,2001
t CALIFORNIA ALL-PURP SE ACKNOWLEDGEMEN' T
Stateof _�s f" _fLC�i OPTIONAL SECTION
Coun of -° CAPACITY CLAIMED BY SIGNER
On� before me, Though statute does not require the Notary to fill In
DA NAME,MLE OF Fele E. .,-JANI DOE,N rAR PMIC— the data below,doing so may prove invaluable to
L persons relying on the document.
personally appeared _ � '.(� A t�.�f 1\� .� `Y �( t Sti I
NAME(S)OF St R(s) 0 INDIVIDUAL
personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the person{s}whose namt(s)xS/are TLE(S)
subscribed to the within instrument and
knowledged to me that heiehtlthey executed 0 PARTNER(S) 0 LIMITED
T.AUSTIN a same in h%4t*Wtheir authorised 0 GENERAL
Commission# 1378739 pacify{les),and that ru entttre per 0 ATTORNEY-IN-FACT
nature{:)on the instrument the person{s}or 0 TRUSTEE(S)
z ,jai Notary Public California a entity upon behalf of which the person{s} 0 GUARDIAN/CONSERVATOR
Costa County ted,executed the instrument.
My Comm.Expires O 0 OTHER:
my hand an4 official scat,
JA
SIGNER IS REPRESENTING:
' I NAME OF PERSON(S)OR ENTITY(tES))
SIGNATUREWNOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. §IGNATIJRES FOR PARTNERSHIPS - Sigging party must be either a general partner or be authorized in writing to have
t e aft o ity to signfor`for bind the ppartnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should a signed by two officers,one from each of the following two groups:
GROUP 1. ((a The Chair of the Board
(b The President
(c Any Vice-President
GROUP 2. jaThe Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group, must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JQMW
GAGrpD&WEngSvo\Forrm\WORD FORMS\ALL PURPOSE NOTARY.doe
Rev.Augrnt 1,2001
COUNTY OF CONTRA COSTA I
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER 1 �
TO THE TREASURER: MARTINEZ,CALIFORNIA j
RECEIVED FROM Fr y
ORGANIZATION NUMBER_' 1
(Far Cash Collection Procedures sae County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORQ TASK OPTION ACTIVITY AMOUNT
ACCX30 6
E
REV 3q r
E
6,63 9 1, 1.233
_' 13Cl /-Y
EXPLANATION: TOTAL $ t
l` 7/ {; DEPOSIT
Deposit consists of the following it
COIN and CURRENCY $
fj KS,M.Ct,ETC. $—'' ''
6) /�, `�L BANK DEPOSITS $
.
/ FOFf AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT
NUMBER �R
DATE
ASSIGNED
The'amount of money described above is fars rete'p a ommin is roved Receipt of above amount is hereby
deposit into the County Treasury acknowledged. t
9e
Sigrae11'. Date
Tte (jC'w / /�XT. L Signed: Signed: 4 I
� '+
Deputy.County Auditor Deputy County Treasurer
. i
-3d REV.(7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PE111MIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA r' .
TO THE TREASURER: -
RECEIVED FROM /
ORGANIZATION NUMBER. %� r
(Par Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION PUND/ORG ACCT TASK OPTION ACTPMY AMOUNT
11
S46
t
I
1
i
1
F
t
+ i
i
i
t
t
I
I
1
i
1
1
<1
i
i
t
1
t
i
• t
i
EXPLANATION: TOTAL $ 1
DEPOSIT t
Deposit consists of the following items
COIN and CURRENCY -
CHECKS,M.O.,ETC. $
w ..
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT � �
PERMITLSP r `'j/{
' d
NUMBER ;
DATE
ASSIGNED
The amount of money describecl above is for T sunx's receipt of abWe amount is approved - Receipt of above amount is hereby
� 4eposit int the Cour+ty Treasury. �!' acllre6mAq__ e�Jedf„_.�,���
J �l/YL
5i4cc Date
f p j f Signed: Signed:
Titl 7-0k A ,`n-3 `r deputy County Audita Deputy County Treasurer
�-34 REV.(7-93)
819800-0800.;G1120595, $ , bGC7019Landscap ovement Cash
Sand, Phase III Main Branch Alamo Creek, Winderrr LC LLC, 3130 Crow
Carryon.PlT#310;.San_Ramon,CA94583
8198000800. 61120615, $5,000.00 Flood Control Permit 623-03, Cash
Bond, City of Brentwood, 708 Third St., Brentwood, CA 94513
819800-0800: G1120616, $2,700.00 DG0015, Windemere II Water Quality
Pond 6, Cash Performance Band (civil), Windemere BLC LLC, 3130 Crow
Canyon PI #310, San Ramon,CA94583
8198000800: G1120618, $6,570:00, DG0025, Windemere II Water
Quality Ponds 748, Cash Performance Bond (civil), Windemere BLC LLC; 3130
Crow Canyon PI #310, San P-amon,CA94583
.:w
0649-9665 / 831000; 01120605 $500.00, RS2821, Record of Survey
Deposit, job 200244, Clyde Miles Construction, 2201 Harbor ST. #E,
Pittsburg, CA 94565
0649-9665 / 831000: 61120606, $500.00, R52820, Record of Survey
Deposit, job 03172.03250, DeBolt Civil Engineering, 811 San Ramon Valley
Blvd. Danville, CA 94526
0649-9665 / 831000: 01120607, $5,486.001, MS98-1, Improvement plan
Check Deposit, David & Denise Fisher, 4050 Stone Valley Oaks Dr„ Alamo,
CA 94507
0649-9665 / 831000: 01120608, $33,0201.00, RA1128, Rodd Acceptance
Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way,
Concord, CA 94520
0649-9665 / 831000; 61120611, $50,000.00, Sub 8638, Inspection Fee
Deposit, Shapell Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA
95035
0649-9665 / 831000. G1120612, $15,000.00,DA0027, plan Review, Shapell
Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA 95035
0649-9665 / 831000: 61120613, $500.00, RA1122 (DSRSD Dump), Map
Check Shapell Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA
950)35
0649-9665 / 831000: G1120614, $1,4001.00, Flood Control permit 623-03,
Cash Deposit, City of Brentwood, 708 Third St., Brentwood, CA 94513
0649-9665 / 831000; 61120617, $15,650.00, DG0015, Drainage
Improvement Inspection Deposit, Windemere II Water Quality pond 6,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583
0649-9665 / 8310010 6,112019. X33 07£1.030?, IGt7025, Drainage.
Improvernent,,IrispO6tion' beposi+, Windemere II Water Quality pond 7&8,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583
0649-9665 / 831000: 61120594, $9,900.00, DG0021, Windemere phase IV
Outfall, Drainage Improvement plan ReviewDeposit, Windemere BLC LLC,
3130 Craw Canyon PI #310, San Ramon,CA94583
0649-9665 / 831000: G1120596, $10,950.00, 060019, Phase III Main
Branch Alamo Creek, Landscape Improvement Inspection, Windemere BLC
LLC, 3130 Crow Canyon Pl #310, San Ramon,CA94583
0649-9665 / 831000: 61120597, $8000.00, DG0019, Phase III Main
Branch Alamo Creek, Additional Civil Improvement Plan Review (drainage)
Deposit Windemere BLC LLC, 3130 Crow Canyon Pl #310, San
Ramon,CA94583
0649-9665 / 831000: G1120598, $1 000.00,LP98-2054, COA Compliance,
Check Deposit- No Improvement, Robert D. Herrenhuhl, 816 Port Chicago
Hwy, Bay Point, CA 94565
0649-9665 / 831000: G1120600, $96,900.00, Sub 8571, Major Sub
Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way,
Concord, CA 94520
0649-9665 / 831000: 61120601,$146.231.00, Sub 8572, Major Sub
Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way,
Concord, CA 94520
0649-9665 / 831000: 61120602, $402.23; MS3-00, Construction
Inspection Deposit, Gene R. Schmidt, Inc. 940 Relieze Station Lane,
- Lafayette, CA 94549
0649-9665 / 831000: 61120603, $84.38, 852657, Additional Rec. of
Survey Checking Fee, job 00-213, Bay Area Land Surveying, 1828 Bonita Rd.,
San Pablo, CA 94806
0649-9665 ! 831000: G1120604, X504;:00,,.1 52$22, Record of purvey
Deposit, job 99462, Jay L. Harpers, 1539 Fourth St., San Raphael, CA
94901
Executed in Duplicate
Subdivision: DA 0019(Cross-Rd SLI13 8508)
Baud No.: 0871 9207
Premium: $905.00
IMPROVEMENT SECURITY BOND
FOR PV.SLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee,And Payment)
(California Government Cade Sections 66462 and 66463)
I. W&UAL of SUBDIv ISION ACRE049N ; 'Ibe Principal has executed anagreement with the County To install
and pay'fas:tpublic right of way landscaping, and other related improvements in Subdivision DA QQ19
(Cross- fererice SUIS 910§)- 3Jindcmere Eb=III as specified in the Subdivision Agreement(Right of
Way Landscaping),and to complete said work within the time specified for completion in the Subdivision
Agreement(Right of Way landscaping),all in accordance with State and local laws and ruling thereunder
in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Windmem EILQ Lod Corny,I.I.C. ,as Pr nc4W,and
FidelitX and Deposit Company of Maryland a corporation organized existing under the laws
of The State of Maryland and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors,and assigns to the County of Contra costa,Califomia to pay it:
A. Performance and Guarantee; Q=Hundred Twenty Nine ThogaW' S;Hyl and C3JQQ
Dollars ($ 1 .300.00 ) for itself or any city assignee under the above County
Subdivision Agreement, plus
a. Payment: 5imLYS-1bawdT1ree 11undmd lmd 00/100 Dollars
($ §5.IQQIQO l to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Fart 4 of Division IA of the Civil Cade of the State of
California.
3. GOND
3 A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns, shall in all things stand
to and abide by,mend well and truly keep and perforin the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning„ and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of The obligation secured hereby and in addition to the face amount specified)therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation,all to be taxed as
costs and included in zany judgement rendered.
l3. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are hold firmly bound unto the County of Contra Costa and all
contractors,subcontractors, laborers,material risen and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts clue under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an =ount 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 wader Title 15 (commencing with Section
3082)of Pan 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 titer this obligation shrill become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the Principal and the County shall relieve any Surety from liability on this bond; and consent is
hereby given to make such alteration without furdw notice To or consent by Surety,and the Surety
hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without
regard To and independently of any action against Principal whenever taken.
SIGNED AND SEALED on August 6, 2003
Windemere BLC Land Company, LLC
By: Lennar Homes of California, Inc. ,
PRINCIPAL: its manager SURETY. Fidelity and Deposit Company of
3130 Crow Canyon P ace, #310 225 S. Lake Avenue, Suite 7'00 Maryland
Address: y Address: .
CiTy:j San Ramon, CA 94583 City. Pasadena, CA Zip. 91101
By
PrinrName: Lawrence H. Tho s-on Print Name( Leigh McDonough
Title: Vice .President Title` Attorney-in-Fact
MW
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Rev Jade 17,IM
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On August 8. 2003 before me, Gordon J. Peterson, 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 capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
Witness m and and official Seal. CORDON J.PETERSON
Commission#9335380
4PNotary Public-California y
Orange county
My Comm.Expires Dec 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:
Corporate Officer—Vice President Windemere BLC Land Company,
By: Lennar Homes of California. Inc.,
its manager
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. 4871 9207
Number of Pages: Two 2
Date of Document: August 6 2003
Signers (other than those named above): Leigh McDonough
CALIFORNIA ALL-PURPOSE AC "OWLEDGMENT No.5907
State of California
County of Orange
On before me, Alexis H.Bryan,Notary public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Leigh McDonough ,
NAMES)OF SIGNER(S)
personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
!F
ALEXISH.BRYANWITNESS my hand and official seal.
y � Commission#1305738
z b Notary PubbliG-California D
Orange County
My Comm KE-xpeS Jun 1,2C-u5 NstGNATUREOFNJARYAk_7� 6�i;elw
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
F-1 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT H
❑ TRUSTEE(S)
[� GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S•4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•6236 Remmet Ave.,P.O.Box 7184 o Canoga Park,CA Si309-7i84
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: 3910 KESIMICK ROAD, BALTIMORE, MCS 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., Vice President, and L. L. GOUCHER, Assistant Secretary, in
pursuance of authority granted by Article Vl, 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 the date hereof, does hereby nominate, constitute and
appoint Leigh MCDONOUGH, of Costa Mesa, Californi , its true an lawful agent and Attorney-in-Fact, to make,
execute,seal and deliver, for,and on its behalf as surety, its act an : any and all bonds and undertakings and
the execution of such bonds or undertakings in pursuanc se prese all be as binding upon said Company, as fully
and amply,to all intents and purposes,as if they had b y execu acknowledged by the regularly elected officers
of the Company at its office in Baltimore,Md.,in the" proper
The said Assistant Secretary does hereby certify th extract on the reverse side hereof is a true copy of Article VI,
Section 2,of the By-Laws of said Company,and is force.
IN WITNESS WHEREOF, the said Vice o ` ent and t Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said ITY A EPOSIT COMPANY OF MARYLAND, this 27th day of
September,A.D.2001. {; -
ATTEST: o FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'�q 9$Pgsr$ 'V `ti7
w
�.' By.
` .L. Goucher Assistant Secretary M.P. Hammond Vice President
State of Maryland
County of Baltimore ss:
On this 27th 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 L. L. GOUCHER, 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.
Carol J Fader Notary Public
W My Commission Expires: August 1,2004
PDXF 012-5025H
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board,or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the 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,
6th August 2003
this _ day of ,
Assistant.Secretary
-- ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American
Insurance Company, and American Guarantee and Liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
part.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act)under this bond is
$ waived—. This amount is reflected in the total premium for this bond.
Disclosure of Availabidrty of Coverage for Terrorism Losses
As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting
from acts of terrorism (as defined in the Act)with terms, amounts, and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid
losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned
premium in the prior year;for 2003,7%of direct earned premium to the prior year;for 2004, 10%of direct earned
premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an
insurance company's losses above its deductible is 40%. In the event the United States government participates in
losses,the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed$100 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terrorism"as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States:
I. to be an act of terrorism;
2. to be a violent act or an act that is dangerous to human life,property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based
principally in the United States,on which United States income tax is paid and whose insurance coverage is
4 subject to regulation in the United States),or the premises of a United States mission,and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the
act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003