HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-749 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on December 9, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO, 2403/ 749
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere
Parkway and Albion Road RA 1142 (cross-reference Sub 8507), being developed
by Windemere BLC Land Co., LLC, San Ramon (Dougherty Valley) area.
(District 1E)
The following document was presented for Board approval this date for, RA 1142 (cross-
reference Sub 8507) 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:
L Cash Deposit
Deposit Amount: $20,700.00
Deposit made by: Windernere BLC,LLC
Auditor's Deposit Permit No. and Date: 413390 October 16,2003
TR:cmm I hereby certify that this is a true and correct copy of an
G:\GrpDat&\EngSvc1BO\2003112-09-03\RA 1142 BO-16.doc
originator: Public Works(ES) action taken and entered on the minutes of the Board of
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: DFLEMBER 09, 2003
T—October 9,2004(Pl) - -
Windemere BLC Land company,LLC JOHN SWEETEN,Clerk of the Board of Supervisors and
Brian Olin County Administrator
3130 Crow Canyon Pl.,#310
San Ramon,CA 94583
Travelers Casualty and Surety Company of America
Patricia H.Br•ebner By ,Deputy
9325 sky Park Court,Suite#220
San Diego,CA 92123
RESOLULZON NO.2003/ 749 •
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Windemere
Parkway and Albion Road RA 1142 (cross-reference Sub 8507), being developed
by Windemere BLC Land Co., LLC, San Ramon (Dougherty Valley) area.
(District III}
DATE: December 9, 2003
PAGE: 2
II. Surety Bond
Bond Company: Travelers Casualty and Surety Company of America
Bond Number and Date: 1041 25122 September 24,2003
Performance Amount: $2,051,826.00
Labor&Materials Amount: $1,036,263.00
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.
RESOLUTION NO. 2003/749
t
SUBDIVISION AGREEMENT
(Right of Way Landscapin }
(Government Code,§66462 and 66469)
Subdivision: RA 1142-(Cross-Ref SUB 8507) Effective Date: l'�
}
Subdivider: Pwl Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WIND;MERE BLC LAND COMPANY LLC,
a California limited liability Company
CONTRA.-COSTA C- UNTYBy:LEN-OBS Windemere,LLC
SUBDIVIDER: A Delaware limited liability company
Managing Member
Maurice M. Shlu, Public Works Director By:Lennar Homes of California,Inc.,
, ./ Managing Member
By: e"' 1 46.AAA
0 W (signature)
—�Q jdag!ffm
(print name&title) Don Larson,Vice President
RECOMMENDED FOR APPROVAL:
By: r46XZj
Engineering Service Div 5• n (print name&title) Lynn J#m,Asst.Seo/%tary
FORM APPROVED: ctor J. Westman, County Counsel
(NOTE:All signatures to be acknowbdged. If Subdivider is Incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. P TI T . Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and
m
the above- entioned Subdivides,mutually promise and agree as follows concerning this subdivision:
2• T Subdivider agrees to install certain road improvements(both public and private),drainage improvements,
signs, street hydrants, landscaping, and such other improvements (Including appurtenant equipment) as required In the
Improvement p ans 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 com late said work and Improvements(hereinafter called"work" within the above completion pp } p period from date
hereof as required by the Cali%mia Subdivision Map act(Governmegnt Code§§66410 and following), Ina good workmanlike manner,In
uirements of the County Ordinance Code
and rulings made therrdance with eunder,,and wherted constructione there Is a cractices donfl`icct bete een the Improvual or ement plaerior to ns s and the County Ordinance Code,the stricter
requirements shall govem.
3. 1 P YEM9NT S CURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County rd nance Code,provide as security to the County:
A. For Performance and Guarantee• $__ 20.700.00 cash,plus additional securr��yy, in the amount
of $ 2 051 826 00 which together total one hundred percent(100%)of the estimated cost ofthe work. Such �
additional security is presented In the form of:
Cash,certified check or cashiers check.
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$_ 1.036.263.00 ,which Is fifty percent(SO%)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,andlo4aersons 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§94-4.406 and§94-4.408 of the Ordinance Code.
4 4
4. GUARANTEE AND WARRgNLY_4F 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.gorrect, 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.
5. pjA�TABLI T WORK. Subdivider agrees to perform estabiishment work for 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 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.
6. IMPROVEMENT PLAN WABS Subdivider warrants the Improvement plans for the work are adequate to accomlish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisorsaccepts 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 CGUNZ. Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee o 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 aggreement 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.
$. INDEMNITY: Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section:
A. The in benefitted and protected by this promise are the County,and its special.district,elective and appointive
boards, commissions,o leers,agents,and employees.
B. The liabilif protected against are any liability or claim for damage of any kind allegedly suffered,Incurred or threatened
because of actions defined below,and Includingppersonal injury,death,property damage,Inverse condemnation,or any combination of
these,and regardless of whether or not such llablllty,claim or damage was unforeseeable at any time before the County reviewed said
improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)In connection with the matters covered
by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them,
D. N - n '1 i : The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,suppled,yr approved any pians)ors �g tion(s)In connection this work y r subdivision,or has insurance
or other indemnification covering
an of these matters,or that thea ed damage resulted a form an negligent or willful misconduct
of any Indemnity.
9. C35TS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilltles
required thereby.
10. Y . Subdivider shall set and establish survey monuments in accordance with the filed map and to the satis%ctlon of the
County RoadCommissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. N-P RMAN : if Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or falls 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. INCORPORATION/ANNEXATION. 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 sold 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.
6kZi9DetalEng8vcTomu1AG WORMAC-30A.doc
Rev.May 19,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California /3
Countyof ss.
On t-18 £cue s before me, V- tefsm L• �1fd`.N;R f �ic 'At�Y 1�a$i(C
Bets • Name and Me of Cfr"r 'Jane Dos NWary Puble)
personally appeared t1.1 LIN h_Isb 1\1
Nams(s)of Slpnar(s) '
tYpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
AN to be the person(s) whose name(s)-Ware
KAREN L KEENAN subscribed to the within instrument and
Commission# 1378827 acknowledged to me that#►efeha/they executed
..,� Notary Public - California the same in hfsfherltheir authorized
Contra Costa County capacity(les), and that by #rt9fh /their
My Comm.Explres OCt 7.200
1
signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS y hand officl seal.
ftnaturo ryPW10
OPTIONAL
Though the information below is not required by law,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
❑ Corporate Officer—Mtie(s):
❑ Partner---d Limited 0 general
❑ Attorney-in-Fact
❑ Trustee
❑ guardian or Conservator
❑ Other.
Signer Is Representing:
0 1009 Natloml Notary Association-9350 Ds soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natlonaUolasy orq Prod.No.5907 Reorder:Calf Toll-Free t-860.8764827
. LtJL7EV,l.i'Lrl'LVIV ElC1°l LVSEtI ,.:...
DEPOSIT PERMIT
• r�
OFFICE.OF COU.Y AUDITOR-CONT. R
TO THE T TINEZ,CALIFORNIA
TREASURER: •��x�.
RECEIVED PROM
ORGANIZATION NUMBER
(For Cosh Collodion Procedures sea County Administrator's Bulletin 105.)
DESCRIPTION FUtJD/{3RCr� CCT TASK 1OPTION ACTIVITY AMOUNT
'7 $ �/
. I
1
57/
Mao
r 1
r
Y,- 3 6 d
t .
1 f A
EXPLANATION: j TOTAL $ 7 t
1�Lll C7DEPOSIT cry 14j'� .
l' /1_2 I� ��_ � � MD f� �, Deposit consists of the following items
( C COIN and CURRENCYi zw+
CHECKS,MO,ETC. $
BANK DEPOSITS $
r i.�,' , FOR AUDITOR-CONTROLLER USE ONLY
( / 7 DEPOSIT
/ �y /� .(,j'1`+l./2`7` PERMIT
l 0/. f 9 f, ' 13z �- ���� NUMBER oP
rr' E tj 4•'��� 4' 0,ry'3'f'6) �4,. ✓ �t �tt G fGTl� MUM,ZTj DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged
Datalr-:� -1
Signe
Tits EXT. Deputy County Auditor Deputy County Treasurer
)-34 REV.(7-93)
(� � � r
WUMI T 9.X; W"IKA WWA
DEPOSIT POMItA . .
OFMIC.. Or-COUN7 Y.AU iTOR CONTROLLER,
r ..
TO. tii TREASURER:
MWAV NEZ,CALIFORNIA
T
(tECEIVED FROM. :.
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's BuRe in 1015.)
DESCRIPTION FUNDJORC% ACCT TASK OPTION ACTMTY AMOUNT
yl
31
C&l(2 03- 5 � o.
6o:66
I L-d
3�
� �9r'
IGS
�al Ek
JD(j
0(&; nt � �/7.5 � � 6
EXPLANATION: TOTAL i
DEPOSIT
Deposit consists cif the foncrwing items
COIN and CURRENCY $
CHECKS,M.Ct,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
POSIT
PERMIT D� �� f •� �t✓
NUMBER
DATE
ASSIGNED f�—
The amount of money described above is for Treasurer's receipt of above amount is opproved Receipt of above amount is hereby
osit into the County Treasury. //� acknowledged
r Signed: ` ; -
Title' r e EXT. - "'`f q
County Auditor Deputy County Treasurer
D-34 REV C743 / y -
COWTY
CtP tLClhiIiCAWSTA
-REP+-$1 'PEIRAll :
& ICE OF.COl1NT1!A6QlT6R �QNTROLLER
TO TWA TRE�0.S[ntEltr
hi-A - NEZ,CALIFORNIA
RECEIWD'rR .. r
ORGANfZATION NUMBER
(QganhnNiin)
uftc
(For Cash Collection Procedures sea County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACC TASK OPTION ACTIVITY AMOUNT
t
i
i60
III allI
I
t
t
I
I
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i
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t
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EX TION- TOTAL $ t
DEPOSIT
Deposit coruists of the follor+riitng items
COIN and CURRENCY $
CHECKS,M.a ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP r 1 *,✓
NUMBER 1
DATE
KsNEb I 1 l
The amount of money described above is for Treasurer's receipt of above amount is approvea Receipt of above amount is hereby
osit into the C ty Treasury, acknowledged.
Date A i—b- � ....
EX
Title` - 'J� T Signed. r' ,
Deputy County Auditor Deputy County Treasurer
D-34REV.(7-93)
819800-0800: G1121615, $20,7'55.00, Sub 8571, Cash Performance Bund,
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
819800-0.800: 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: 61121656, $3.840.00, RA1147, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1121660, $13 600.00, PA0005, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
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: G1121675, $5,900.00, Sub 8717, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon P) #310, San Ramon, CA 94583
0649-9665 / 831000: G1121613, $1,400.00, Cash Deposit for Flood Control
Permit 63003, City of Brentwood, 708 Third Street, Brentwood, CA 94513
0649-9665 / 831000: G1121653, $400.00, RS 2836, Record of Survey
Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507
0649-9665 / 831000: G1121654, $500.00, RS 2837, Record of Survey
Deposit, Downrite Demolition & 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, Read Acceptance
Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000: 61121658, $14.280.00, D00028, 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 Pl #310,
San Ramon, CA 94583
0649-9665 / 831000: 61121661, $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 1
0649-9665 / 831000: G1121665, $11 ,050.00, Sub 8713, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121667, $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
Subdlvbcion: Ra 1111 (CM f SLjfl 11 07)
Road No.: 1041 25122
Premium: $14,363.66
IMPROVEMENT SECURITY BOM)
FOR PURLtC RIGHT OF WAY LANUscAP1L AGR,UhMNT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. UOTAt,OF SLOW MON ACKEt<.r ENT: The Principal has executed an agreement with the County to install
and pay for public right of way - ping,and other related improvements in Subdivision RA 1142
(Cross-Ref SIM 11507)as specified in the Subdivision Agreement(Right of Way Landscaping),and
to complete said work within eche 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 to satisfy
conditions for filing of the final Map or Parcel Map for said Subdivision.
2. 0"&UQ&: W i nikMM B LC i-=�l_�om� Ya ti f C �as Principal,and
Travelers Casualty and Surety Company of America, cc�rpcytaxion organized existing under the laws
of the Stair of Connecticut and authorized to transact surety business in
California, as Surety, hereby jointly and severally bund ourselves, our heirs, executors, administrators,
successors,and assigns to the County of Contra Costa,California to pay it.
A. Ptrformance and Guarantee: Two Million i ft one Dmand nd Ei t)i red T I:,Y six and
Qt)1100 Dollars $ 2.051,926-00 for i��.y
( ) itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: One Million Thirty Six Thousand Two Hundred Sixty Three and M100 Dollars
($__ 1.036,263.00 )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 Cade of the State of California.
3. CAN� D� tTION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns, shall in all things stand
to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the
said amen 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,andd 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 em*yees,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 herby and in addition to the face amount specified therefore,there
shall be included coats and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation,411 to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section. 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials f nnished 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 band, will pay, in addition to the fact
mount thereof, costs and reasonable expenses and fees, including reasonable 'artorney's fees,
incurred by County(or city assignee)in successUly 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 Part 4 of Division 3 of the Civil Cade,so as to give a right of action to theca or their assigns
in'any suit brought upon this bond.
Should the condition of this bond be My performed then this obligation shall become null and void,
otherwise it shall be and remain in fall 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#Cather 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 September 24, 2003
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar H&ze$ of California, Inc. TRAVELERS CASUALTY AND SURETY
PRINCIPAL: ___ its manager SURETY: C014PANY OF AMERICA
Address: 24800 Chrisanta Drive Address: _ 9325 Sky Park. Court, Suite 220
CityMission Viejo, CA Zip: 92691 City: Sa iego, CA 7' 7 92123
By. By
,
Print Marne: David Zvans Print Name: Patricia H. Brebner
Title: Vice President Title: Attorney-in-Fact
�+vws��s„�Rnr�TAra�an.+t�,s,�«�►►.�H warcn+su-���
Psy Joe 17,19”
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 hand and official seal. L% GORDON MY Ccuna° '
Commission#1335380
Notary Public-California _f
Orange County
C` m.E)OMS Dec 17,200,5
.,
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 L.ennar Homes of California, Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Suretv Bond. No. 1041 25122
Number of Pages: Two (2)
Date of Document: September 24..2003
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSES AOWLEDGMENT
No.5907
State of California
County of Orange
On —- September 24, 2003 before me, Rhonda C.Abel,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DoE,NOTARY PUBLIC" ,
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
personally known to me-OR- El proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/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.
WITNESS my hand and official seal.
.� RHONDA C.ABEL ,7
CRYfJMM.#1312777 �`
NOTAPUBLIC-CALIFORNIA SICNATUR OF NOTA
ORANGE COUNTY CI
COMM.EXP.AUG.9,2005
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 DESCRIPTION OF ATTACHED DOCUMENT
[j INDIVIDUAL
0 CORPORATE OFFICER
TInE(s) TITLE OR TYPE OF DOCUMENT
[] PARTNER(S) LIMITED
H GENERAL
ATTORNEY-IN-FACT _
C7 TRUSTEE(S)
E3 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-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Ramat Ave.,P.O.Box 7184-Canoga Park,CA 91305-7184
TRAVEL` CASUALTY AND SURETY COMPANY OF ',,RICA
IR.WELERS CASUALTY AND SURETY COMPAN
FARAUNGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9462
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella-
Myers,Rhonda C.Abel,Stanley C. Lynn,Patricia'H. Brebner,Alexis H. Bryan,Leigh McDonough,Jane Kepner,of Irvine,
California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act„ any and all
bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-m-Fact, pursuant to the
authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recd , contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seat,if
required)by one or more A in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Pourer of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in frill force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President,any Assistant Vice President,any Secretary,any Assistant
power of attorney or to any certificate rel ,and the seal of the Company may be affixed by 'facsimile to any
sting thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate bearing such facumile signature or facsimile seal shalll be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(11-00 Stsadard)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURLY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed.this 28th day of February 2003.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
}SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY
FARKWGTON CASUALTY COMPANY
COUNTY OF HARTFORD
BY
George W.Thompson
Senior Vice President
On this 28th day of February, 2003 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said ons;that the seals
affixed to the said instrument are such corporate seals;and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
� * t
My commission expires June 30,2008 NotaryPublic
Marie C.Tatreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and fiuthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority,are now in force.
Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 24th day of
September ,20 03
CT YA
m lltYg ` BY
cow
* ,► Kori M. Johanson
Assistant Secretary, Bond
�l avelers
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share In the payment of covered losses caused
by certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
In the Act. The Act further provides that the Federal Government
will pay a - share of such losses. Specifically, the Federal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which Is In excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for 'which the Federal
Government or an Insurer can be ' responsible at
-$10010001000,000.00, provided that the Insurer has met Its
deductible.
Please note that passage of the Act does not result In any change
In coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that Is allocable to such
coverage. is Inseparable from and imbedded In your overall
premium, and Is no more than one percent of your premium.