HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-747 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA �/
Adopted this Resolution on December 9,2003,by the following vote:
AYES: SUPERVISORS GI01A, UILKEMA, GREENBERG, GLOVER AND DESAU1.NIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/747
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0005
(cross-reference Subdivision 8507) Hidden Valley Parr being developed by,
Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area.
(District III)
The following document was presented for.Board approval this date for PA 0005 (cross-
reference Sub 8507)Hidden Valley Park located in the San Ramon(Dougherty Valley) area.
A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land
Company, LLC, developer, whereby said developer agrees to complete all improvements as
required in said Subdivision Agreement (Right of Way Landscaping) within one year from the
date of said agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9.of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $13,600.00
.Deposit made by: Windemere BLC,LLC
Auditor's Deposit Permit No. and Date: 413390 October 16, 2003
TB:spP I hereby certify that this is a true and correct copy of an
Originator: public Works 3\12-09-i13\PA 0005 BO-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(E.fi}
Contact: Teri Rie{313-2363} Supervisors on the date shown.
Recording to be completed by COB
cc: Public Works- T.Bell,Construction
Current Planning,Community Development ATTESTED: DECEM M Q9, 2003
T—October 9,2004(P1)
Windernere BLC Land Company;LLC JOHN SWEETEN,Clerk of theBoard of Supervisors and
Brian Olin County Administrator
3130 Crow Canyon Place#310
San Ramon,CA 94583
The Continental Insurance Company
Patricia H.Brebner
2600 Lucien Way,Suite 130 By ,Deputy
Maitland,FL 32751
RESOLUTION NO.2003/ 747
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0005
(cross-reference Subdivision 8507) Hidden Valley Park being developed by,
Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area.
(District III)
DATE: December 9,2003
PAGE: 2
II. Surety Bond
Bond Company: The Continental Insurance Company
Bond Number and Date: 929 285 584 September 24, 2003
Performance Amount: $1,344,500.00
Labor&Materials Amount: $679,050.00
Principal: Windemere BLC Land Company, LLC
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
IESOLUTION NO. 2003/747
SUBDIVISION AGREEMENT
4q (Right of Way Landscapin )
(Government Code§66462 and 66463)
Subdivision: PA 0005(Cross-Ref SUB 6507) Effective Date:
Subdivider: Windemere BLC Land Company L.L.C.___ Completion Period: 1 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 COUNTY SUBDIVIDER. A Delaware limited liability company
Managing Member
By:Lennar Homes of California,Inc.,
Maurice M. Shiu, Public Works Direct Managing Member
(signature}
By. (print name&bile) I?on Larson,Vice President
RECOMMENDED FOR APPROVAL:
i (signature �
By: (print name ktglynnjfiim,Asst.S retary
Engineering Service Di n y
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. PART158& E. 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 said work and Improvements(hereinafter.called"work")within the above completion period from date .
hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,In
accordance with accepted construction practices and In a manner equal or 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 strider
requirements shall govem.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. ForPerformance and Guarantee: $ 13,600.00 cash,plus additional security,In the amount
of $ 1.344.500.00 which together total one hundred percent(100X)of dee 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 defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 679,050.00 which Is fifty percent(50X)of the estimated
cost of the work. Such security is presented in the form of:
Cash,certified check,or cashler's check
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.
1
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.406 of the Ordinance Code.
L 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
n accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace,at his expense,
my 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.
i. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this
agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants,doing weed,rodent
rend other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said
dant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete.
At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
3. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomIsh the
Nork as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,.at any time before the oard 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 4UN . 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.
6. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined In this section:
A. The indemniligs benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,agents, and employees.
B. The 11 it I protected against are any liability or claim for damage of any kind allegedly suffered,Incurred or threatened
because of actions de ned below, and including personal Injury,death,property damage,inverse condemnation,or any combinationof
these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
Improvement plans or accepted the work as complete,and Including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing i `Iare any act or omission(negligent or non-negligent).in connection with the matters covered
by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Condi i ns: The promise and agreement In this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plans)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.
9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments In accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. ON-PERFORMANCE AND COSTS: If Subdivider falls 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 assts 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. INCORPt3RATION/ANNEXATION. If,before the Board of Supervisors accepts the worts as complete,the subdivision is Included
In territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or
letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party
beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:kw-lap -.,r..
GAGrpDets*mg8vdWornvAW WORMAG-30A.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
/t ss.
County of .,,xr
On jMjt4fSa �ckcz before me, VVEEm L N 6rACY �u tC.,
Data t Nam and Tttie of Oft r(e.g.,`Jane Notary Publd)
personally appeared
Name(a)of Signer(a)
personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s)-Ware
subscribed to the within instrument and
KAREN L. KEENAN
Commission# 1378827 acknowledged to me that ithey executed
< Notary Public - California
the same in -#►ief#w/their authorized
Contra Costa County capacity(ies), and that by /their
My Comm.Expires Oct 7,2006 signature(s)on the instrument the person(s),or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITN S y hand an ffici I sal.
Signature of ry uWks
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
❑ Individual Top or mutt here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑General
❑ Attomey-In-Pact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
C 1986 NaBonad Notary Assodatlon•B350 Do Sato Ave.,PA Box 2402•ChatswoAh,CA 91313-2402•www.nagonakvtuy.org prod.No.5907 Reorder:Cal ToWFrw 1.800479-W27
4V111Y,t.i'Vr''1.VIV FtLf1 LVs71A ",�:..
DEPOSIT PERMIT
' r OFFICE.OF COUNTY-AUDITOR-CONTROL R .
y'
TO THE TREASURER:
EZ,CALIFORNIA:
RECEIVED FROM
ORGANIZATION NUMBER
Pal&
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORCx ACCT TASK OPTION ACTIVITY AMOUNT
U 1
p 7 `� ��� /-5 C. /> .fi t! x'73LzV
99D 590 ;00
3�rO
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EXPLANATION: � OTAL $
C71 12.z 11,2 IS � POi1-1 'i
4�
LC C t J.-2 l Ct i!.` (`� 1Z,7 Y ID j%' � ,, Deposit consists of the following Items
�J COIN and CURRENCY $ 1� +
t { y J• _ / I t3� CHECKS,M.O,ETC. $75s,
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
/2"7PERMIT DPq&x
-. NUMBER.
� l y 'r"7'a C� c.. ✓ q(?e"c'y tf ?g6;06 A7 WIT, / DATE
ASSIGNED
The amount of money desczibed above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged
I, �gned:
Titlab l EXT ?-2f ; . Deputy County Auditor Deputy County Treasurer
7-34 R€Y t7-$3jPC bb
. GtJtJM t T lit`4i:71V 1 KP►4lJJ'tR
t y WOS.iT PERMIT.
' OFFICE OF COLMY.ALIDITOP.-COWROLLER.
TO.THE TREASURER:
MkRTINEX,CALIF N'N A
RECEIVED.FROM I. -
ORGANIZATION NUMBER,
(For Cash Collection Procedures see Cdunty A"nishattx's BOOM 105.)
DESCRIPTION FUND/ORtx, ACCT TASK OPTION ACTNITY AMOUNT
$
ouix (L
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1
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LE&SE. MAYO r
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EXPLAtiATION: TOTAL S, 1
DEPOSIT 1
Deposit consistsof the following items
COIN and CURRENCY $
-CHECKS,M.OI ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT Z j / ':"5
PERMIT DP
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of oboes amount is approved. Receipt of above amount is hereby
dspos`it into the County Treasury. acknowledged.
1
` ' ,f_ ! :�: ..t •L{ '� is CJ ��fj'�,/ ..,".". •
r d:
reds` i ° EXT f Td County Auditor Deputy County Treasurer
_.... _.
Ct-34 REV.
G£3L►151TY QF.(;QNTKA G''A
N.
DIP $It PLI MtT
. . C FICE OE C{�UI+lTY A IT1 R CONTROLLER r
Y
TO TI*.I RE iS[JTt R'
MARTINEZ,CAUFORFlfA
RECEIVED FROM s
ORGANIZATION NUMBER -
(For Cash Collection Procedures see County Administrator's Bulletin IOS.)
DESCRIPTION FUNDJORG. ACCT TASK OPTION ACTIVITY AMOUNT
r l 5 ` �1
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1
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EXPLANATION: TOTAL $ 1
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,Ma ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DR—
NUMBER
DATE
ASSIGNED
The amount of money,described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
osit into the Co ty Treasury. y acknowledged.
Sign& c:1,` YAM t; Date A) .. •
T le: 't "`l J(f EXT. ' . Signed. �. -s���� / Signed.
Deputy County Auditor Deputy Canty Treasurer
D-34 REV..(7-93) 5
819800-0800: G1121615, $20.755.00, Sub 8571, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121617, $31,800.00, Sub 8572, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121618, $42,480.00, Sub 8577, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121619, $9.460.00, Sub 8578, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121620, $17,000.00, Sub 8579, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121656, $3,840.00, RA1147, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121660, $13�.40, PA0005, Cash Performance Bond,'
Windemere BLC LLC, 3130 Crow Canyon Pi #310, San Ramon, CA 9458 '
819800-0800: G1121662, $20,700.00, RA1142, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121664, $1,000.00, Sub 8712, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121666, $1.320.00, Sub 8713, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121668, $22.300.00, Sub 8683, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI ##310, San Ramon, CA 94583
819800-0800: G1121669, $1.500.00, Sub 8714, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121671, $1,100.00, Sub 8715, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121673, $2.250.00, Sub 8716, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121675, $5,900.00, Sub 8717, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
0649-9665 / 831000: 61121613, $1,400.00, Cash Deposit for Flood Control
Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513
0649-9665 / 831000: 61121653, $400.00, RS 2836, Record of Survey
Deposit, Thomas Gringrich, Ptd Box 504, Alamo, CA 94507
0649-9665 / 831000: 61121654, $500.00, R5 2837, Record of Survey
Deposit, Downrite Demolition A Excavation, 1407 Webster St. #201,
Oakland, CA 94612
0649-9665 / 831000: G1121655, $500.00, RS 283, Record of Survey
Deposit, Crenshaws', 228 Calle Le Montana, Moraga, CA 94556
0649-9665 / 831000: 61121657, $20,800.00, RA 1147, Road Acceptance
Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000: 61121658, $14;280.00, DG0028, Drainage Inspection
Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San
Ramon, CA 94583
0649-9665 / 831000: G1121659, $109.150.00, PA0005, Landscape
Improvement Inspection, Windemere BLC LLC; 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121661, $135,700.00, RA1142, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121663, $8.200.00, Sub 8712, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 61121665, $11,050.00, Sub 8713, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: 01121667, $12,600.00, Sub 8714, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121670, $9,100.00, Sub 8715, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121672, $18,500.00, Sub 8716, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121674, $47.680.00, Sub 8717, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
821400-0800 G1121503, $64.248.00, SCC Sub Reg, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
821500-0800: G1121503, $23.628.00, SCC Reg, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
828800-0800: G1121503, $19,140.00, Tri Valley Transp, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
EXECUTED .IN DUPLICATE
Subdivision;T&0005 (CMU f sUS g1g71
Bond Na.; 929 285 584
Premium: $5,647.00/annum
IMPROVEMENT SECURITY BONI)
FOR PEIBLIC RIGHT OF WAY LANIDSCAPE AGREEMENT
(Performance,Guarantee,and Payment)
(California Government Code Sections 56462 and 66463)
1. RMIAL PE SUADIVIEW A 9E14t NT: The Principal has executed an agreement with the County to install
and pay for public right of way landscaping, and other related improvements in Subdivision E&X05
(Cross-Ed SUB 8507) as specified in the Subdivision Agreement (Right of Way Landscaping),and to
complete said work within the time specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order ro astisfy
conditions for filing of the final Map or Parcel Map for said Subdivision.
2. ATIO14: Windetnere ALC lAndComwnv LIC as Prkxipal„aril
The Continental Insurance Company ,a corporation organized wider the laws
of the State of_ New Hampshire , and authorized to transact surety business in
California, as Surery, hereby jointly and severally bind ourselves, our heirs, executors, administrator$,
successors,and assigns to the County of Contra Costa,California to pay it.
A. Performance and Guarantee: One Million Three Hur�orrir Four 1hQuand Ehr. Nnnrtx►�
and 00/100 Dollars(S 14H --)for itself orany city ass pee under the
above County Subdivision Agreement,plus
B. Payment; Sic Hundred Seventy Nim'1` obs nd Fifty Wd 00/100 Dollars
(S. 679,Q50M to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. TION;
A. The Condition of this obligation as to Section ?.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators, successors or assigns„shall in all things stand
w and abide by,and well and truly keep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
Performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void,otherwise it shall be and remain in full force and effect.
As part of The obligation secured hereby and in addition to the fake amount specified therefore,there
shall be included costs and reasonable expenses and fees, including seasonable attorneys fees,
incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors, laborers,material men and other persons employed in the perfom ance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials flu fished or labor
thereon of any kind,or for amounts due under the Unemployment insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attarziey's fees,
incurred by County(or city assignee) in successfblly 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 IS(commencing with section
3082)of fart 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 fatly 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 pian or specification of said work agreed to by
The Principal and the County shall relieve any Surety from Iiability on this bond; and consent is
hereby given to make such alteration without ftzrt her notice to or consent by Surety;and the Surety
hereby waives the provisions of California Civil Code Section 2819,arrd holds itself bound without
regard to and independently of any action against Priru:ipal whenever takan.
SIGNED AkN12 S 4"D on September 24, 2003
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Homes. of California, Inc. THE CONTINENTAL
PRINCIPAL: its manager SURETY: INSURANCE COMPANY
Address: 24800 Chrisanta Drive Address: 2600 Lucien Way, Suite 130
City:Mission Viejo CAZip.92691 City: Mai nd FL `p. 32751
syr ley. �,.
Print Nance. Dav,4 Evans Print Naive: Patricia H. Brebner
.Title: vice President Tide: Attorney-in-Fact
upW TtlStfixRDAT.�sGrpUm ,cctFa�.1$tf W<1RJ5tiBN-l?�aac
Ro..Jow 17.1914
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On September 25, 2003 before me, Gordon J. Peterson, personally
appeared David. Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity,and.that by his signature
on the instrument the person or the entity upon behalf of which the person
acted,.executed the instrument.
Witness my hd and official seal. 60 GORDON J.PE•TERSON
Commission#13353e0
LO
Notary Public-Callfornis _
orange County
oo-
My Comm.Expires Dec 17,21M
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: Surety Bond No..929 285 584
Number of Pages: Two 12)
Date of Document: .September 24, 2003
Signers (other than.those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE!'. -'NOWLEDGMENT No 5907
State of California
County of Orange
On September 24, 2003 before me, Leigh McDonough,�tota Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
personally known to me-OR- El proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/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.
LEIGH MCF#1
OU
Commission528874
Notan/Public-Catifomia
Orange County WITNESS my hand and official seal.
My COMM.EXPIres Nov s,2005
4���SIG�N�ATUREOF N ARY
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
T1n.E(s) TITLE OR TYPE OF DOCUMENT
[�
PARTNER(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
�] TRUSTEE(S)
(� GUARDIAN/CONSERVATOR
OTHER: NUMBER OF PAGES
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S 40671GEEF 7/98 01899 NATIONAL NOTARY ASSOCIATION"8236 Remm®t Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
POWER OF ATTORNEY/APPOINTING INDIVIDUAL AT-fORNEY-IN-FACT
Know All Men By These Presents,That The Continents!insurance company,a New HIUM hire
ps corporation,and Firemen's Insurance
Company of Newark,New Jersey,a New Jersey corporation(herein called"the CIC Companies"),are duly organized and existing
corporations having their principal offices In the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals
herein affixed hereby make,constitute and appoint
Mike Pa_rizino,Linda Enright, Rhonda C.Abel James A Schaller,Jane Kepner Nanette Marleila M ers Patricia H
Brebner,Alexis H. Bryan,Legh McDonough Individually
Of Irvine California
their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
---in Unlimited Amounts---
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse
hereof,duly adopted,as Indicated,by the Boards of Directors of the corporations.
In Witness Whereof,the CIC Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 2nd day of April,2002.
.��,'4•iNS�,•.,•• dill i.•
:. ;f E The Continental insurance Company
Firemen's Insurance Company of Newark,New Jersey
Michael GenglerGroup Vice President
State of itiinots,County of Cook,ss:
On this 2nd day of April,2002,before me personally name Michael Gengler to me known,who,being by me duly swom,did depose and
say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of The Continental Insurance Company,a New
Hampshire corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation described in and which executed
the above Instrument;that he knows the seals of said corporations;that the seals affixed to the said Instrument are such corporate seals;that
they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to
like authority,and acknowledges same to be the act and deed of said corporations.
"OFFICIAL SEAL"
DIANE FAULKNER
Notary Public,State of Illinois
My Commission Expires 9/17 5 CLI, a
My Commission Expires September 17,2005 Diane Faulkner Notary Public
CER'T'IFICATE
1,Mary A. Ribikawskis,Assistant Secretary of The Continental Insurance Company,a New Hampshire corporation,and Firemen's
Insurance Company of Newark,New Jersey,a New Jersey corporation do hereby certify that the Power of Attorney herein above set forth Is
stili in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof Is still
In force. In testimony whereof(have hereunto subscribed my name and affixed the seal of the said corporations this 24th day of
September 2043
•v......
• !+vr
The Continental Insurance Company
( _# Firemen's Insurance Company of Newark,New Jersey
;z roc
Mary A.Ribikawskis Assistant Secretary
(Rev. 10111!01)
r
Autrrdrizing By-Lalws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF THE CONTINENTAL INSURANCE COMPANY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of The Continental Insurance Company by unanimous written consent dated the 18th day of January,
1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby Is,authorized to execute Powers of Attorney
qualifying the attorney named In the given Power of Attorney to execute in behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any of them hereby Is,
authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such,officers and the seal of the Company maybe affixed to any such Power of Attorney or to any
certificate relating thereto by facsiml le,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and In the future with respect to any bond,undertaking or contract of
suretyship to which It is attached."
ADOPTED,BY THE BOARD OF DIRECTORS OF FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY:
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolution adopted by the Executive
Committee of the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY by unanimous written
consent dated the 13th day of January, 1989:
"RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President,a Senior
Vice President or a Vice President of the Company be,and each or any of them hereby Is,authorized to execute Powers of Attorney
qualifying the attorney named In the given Power of Attorney to execute In behalf of the Company bonds,undertakings and all contracts
of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and each or any-of them,herby Is,
authorized to attest the execution of,any such Power of Attorney,and to attach thereto the seal of the Company.
RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal
shall be valid and binding upon the Company when so affixed and In the future with respect to any bond,undertaking or contract of
suretyship to which it is attached."
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