HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-750 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 9,2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBE;RG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE .
RESOLUTION NO.2003/ 750
SUBJECT: Approve the Road Improvement Agreement for Windemere Phase II Creek Trail
RA 1147 (cross-reference Subdivision 8507), being developed by Windemere
BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III)
The following document was presented for Board approval for Windemere Phase II
Creek Trail, road acceptance file RA 1147 (cross-reference Subdivision 8507) property located
in the San Ramon(Dougherty Valley) area, Supervisorial District III.
A road improvement agreement with Windemere BLC Land Company, LLC, principal,
whereby said principal agrees to complete all improvements as required in said road
improvement agreement within one year from the date of said agreement. Improvements
generally consist of trail improvements.
Said document was accompanied security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
1. Cash Deposit
Performance Amount: $3,840.00
Auditor's Deposit Permit Number: DP 413390 October 16, 2003
Deposit made by: Windemere BLC,LLC
Taxpayer identification number: 94-329-15-16
TR:gpp L hereby certify that this is a true and correct copy of an
Orcanasta- Public Works(ES) 9-098547130-15.doc action taken and entered on the minutes of the Board of
Originators Public Works(ES)
Contact: Teri Ric(313-2363) Supervisors on the date shown.
Recording to be completed by COB
CC.* Public Works- T.Bell,Construction
Current Planning,Community Development ATTESTED: DECEMBER 09, 2003
Windemere
October 9, a
Windemere BLCC Land
Company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and
C
Brian Olin County Administrator
3134 Crow Canyon Pl.,#310
San Ramon,CA 94583
Travelers Casualty&Surety Company of America
Leigh McDonough
9375 Sky Park Court,Suite 220 By Deputy
Sari Diego,CA 92123
RESOLMON NO.2003/ 750 a,•,• s
SUBJECT: Approve the Road Improvement Agreement for Windemere Phase H Creek Trail
RA 1147 (crass-reference Subdivision 8507), being developed by Windemere
BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III)
DATE. December 9,2003
PAGE: 2
IL Surety Bond
Bond Company: Travelers Casualty&Surety Company of America
Bond Number and Date. 1041 25139 October 6, 2003
Performance Amount; $380,160.00
Labor&Materials Amount: $192,000.00
Principal: Windemere BLC Ladd Company,LLC
NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO, 2003/750
RQa IROVE14$K,AC_fREEMENT ,
Developer: Win ere DLC Land Cominx. LU Effective Date: !
Development: ____R 1147&rosg Ref. $3Q7) _ Completion Period: I year
Road: Willolnere Phase H Creek 1W WINDEMERE BLC LAND COMPANY LLC,
a California limited liability Company
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT' HERETO: By:LEN-OBS Windermere,LLC
A Delaware limited liability company
CON'1'lLA Ct7ST iN I Y
Managing.Member
VE k
Maurice M.Shiu,Public Works Director By:Lannar Homes of California.Inc.,
Managing Member
By: lwl, t 1.w (signature) A , I*.—X 6Q
(print name&title) Doo Carlon,Vice President
RECOMME, D r UQBAPPROVAL
AA
By: (signa
Engineerin Se Ta
DfAilon (print name dt titotyrut loch' .Asst.secretary
1yjy1 A_PPTtOVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be w1mowtedged. if Subdivider is incorporated,sigratum mwt
eonf m with the designated restive groups ptastiaat to Corporations Coda 6313.)
1. PA R7IES 8c DA 1'E.Effective on the above date,the County of Contra Costa,California,hereinafter called" "and the above-mentioned 20sLQW,
mutually promise and agree as follows concerning this development
2. IjvjpROVFMENT . Developr agrees to install roetheln road improvements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including equipment)as required in the improvement plans for this development as reviewed and
on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments
thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good
workmanlike manner,in accordance with act construction practices and in a manner equal or superior to the requir+er nents 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. 1MP1tOV1 lv1ENT Sl C 1 TY. Upon ctecuting this Agreement,the L>eveloper shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance olid t3rharamtee: 3.840.00 cash,plus additional security,in the amount of$ 380,f ffM_._
,vhich together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of-
Cash,
fCash,certified chair or cashiers cwt.
_X Acceptable corporate surety bond.
Acceptable irrevocable Letter of coed'#.
With this security, the Developer guarantees performance under this Agreement and maintenance of the work for out year after its completion and
hcceptance against any defective workmanship ormatnials or anynmsatisfactory performance.
B. For Pm gni: Security in the amountof S 192-000.00 .which is fifty percent(50%)of the estimated coast of the work.
iuch security is presented in tine form of
Cash,certified check,or cashiers tick
X Acceptable corpornt surety bond.
Acceptable irrevocable letter of credit..
With this security, the Developer gptraruees payment tote contractor,to his subcontractors,and to persons renting equipment or furnishing labor or
zaterials to them or to the Developer.Upon acceptsope of the work a complete by the Board of Supervisors and upon request of the Developer,the amount securities
hay be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
QAL&:AN` U_1` j WA TY Of WOE. Developer guarantees that said work shall be free from defects in trtttteltal or worktAanship and shall
erform satisfactorily for a paired of one-year from and after the BtnardofSupervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"
relic Ordinance Cade.'Dcvci(.)peer•agrees to correct,repair,or replace,at his expense,any defects in said work.
Ire guarantce period docs not apply to road improvements for private roads which are not to be accepted into the County road system
pi�ANT I CTABT.ISH N 1 VVODv. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant
rblishment work shall consist of adequately watering,plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by
Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a paiod of one-year from and
,r the Board of Supervisors accepts the work as compleu.
n•EROVEME P AN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in
;tion 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the wait as complete or during
one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes art necessary to accomplish
work as promised.
Ng WADVEl7 Y COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee
he 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
terhais,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agement as prescribed;nor
11 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.
IN"EMh=: Developer 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,
icers,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
fined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regaidless of whether or not such
)ility,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete, and including the
ense of any suit(s),action(s),or other proceeding(s) concerning said liabilities and claims.
C. The gglions causitlg liM itv are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
-ibutabie to the Developer,contractor,subcontractor, or any officer,agent,or employee of one or more of them;
D. Non-Conditi s: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,
)plied,or approved any plan(s)or specification(s)in connection with this work, or has insurance or other indemnification covering any of these matters,or that
alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
"T : Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
NO - FORh ANCJ AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,
fails to maintain.the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges
:erred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to
mplete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
mpletes the work.
Should.County sue to compel performance under this Apeement or to recover costs incurred in competing or maintaining the work,Developer agrees to
y all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory
;orporated 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
transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this
reement as though Developer had contracted with the city originally.
Q2NS1DERAJLQ-N In consideration hereof-
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the mad(s) into the Canty-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
.:kw
WS4%[TARDA'rA\(;ri)i7ara\I:n1;Svc\Forms\AG WORMAG-24.doc
v.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of ( fl/�Lt�Yt� OPTIONAL SECTION
County of L.btt.1-rp A t cr>-- � CAPACITY CLAIMED BY SIGNER
On jt before me, 1�p, N L- .E1� y ) }gg ft ljt i c" Though statute does not require the Notary to fit in
DATE
^� NAME,TITLE OF OFFICER .G.,"JANE DOE,NOTARY PUBLIC' the data below,doing so may prove invaluable to
personally appeared_-!.= ,, snm `3- t,:f h i f j �Gi t j persons relying on the document
NAME(s)OF sICNEWS) ❑ INDIVIDUAL
'0 personally known to me-OR-❑ ❑ CORPORATE OFFICER(S)
be the persons)whose name(s)4etare TITLES)
subscribed tothe within instrument and
d anowledged to me that hak w1hey executed ❑ PARTNER(S) ❑ LIMITED
KARENtI.-
me in hk4eWtheir authorized ❑ GENERAL
L. KEENAN ity(ies),and that byJsWw/their ❑ ATTORNEY-IN-FACT
+,w' Commission# 1378827 ure(s)on the instrument the persons)or
Notary Public - Collfornitity upon behalfofwhich the persons) ❑ TRUSTEE(S)
Contra Costo County aed,executed the instrument. ClGUARDIAN/CONSERVATOR
0 OTHER:
tk
My Comm.Expires t 7, SS my an tial seal,
SIGNER IS REPRESENTING:
a {NAME OF PERSON(S)OR ENTITY(IES)i
SIONATUM 911 NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST RE 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 Bate of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
ro-attachment of this form
INSTRUCTIONS TQ 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_51 AT-1 S -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.
Il. SIGNATURES FOR INDIVTDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR R= BAHIPS - Signing party must be either a general partner or'be authorized in writing to have
e authority to sign or an m e partnership.
IV. SIGNATUUS FOR CORPORATI"N
Documents should a signed y 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. a The Secretary
An Assistant Secretary
c The Chief Financial O>�cer
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."
G:\GrPMS\
IMUt\EngSvc\Ponrj\WORD PORALL PURPOSE NOTARY.doo
Ray.A"ugM i 2065
DIP05rr PERMt
* i FFICE.CrP Ct7!lNTY AUT
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TO THE TREASURER: s �CALIFCSRNIA
RECUVW FROM
ORGANIZATION NUMBER
LILL a t4'
(For Cash Collection Procedures see County Administrator's Bulletin 106.)
DESCRIPTION FUND/ORG ASUB. TASK 1"
TION ACTIVITY AM
0 10C)
T '% ,}
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W 750
tylteNT 1 /006 /Z)
3 c2
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EXPLANATION. ,�^ TOTAL $
f� — C°� DEPOSIT t � r��i�•�
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✓ l d 1e'�t t V t7 t� i` � (i� Deposit OIN and C RRENCY �i � tj"+
CHECKS,MLO,ETC. $� -
« 1f7 1 f ZO BANK DEPO5fiS $
FOR AUDITOR-CONTROLLER USE ONLY
�y
l t{ i` r• ,< circ <� n DEPOSIT
p e,4 1 7?� PERMIT bP
;7L7 t c' r/�. <° Y / a r: C 3 �.� ,-_ NUMBER,$
t
ttYlf DATE
Y ASSIGNEDC tr '.'
V.
11
The amount of money desc r d above k for Treostmsr's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged
6.Ile
{ J .#L
Ti l Sign*
EXT. ~ Deputy County Auditor Deputy County Treasurer
7-3AREY.(7-93)
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EXPLANATION-
Deposit consists of the folowing hm
COIN and CURRENCY $
CHEM Mb4 ETC $
BAW DEPOSITS
DEPOSITK*AUMM-CONMXER USE MY
PEWAT
DATEASSIGNEDi
if
The arnomt of money dswrbod above is for Treasures receipt of above amount is approved Receipt of above amount
osit into the County Tmosuiy.
acknowledged
` `'v. C:�Y�GC3Nt7�►CTIA :
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TO'fio.Tl'tE ►Si
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(For Cash Collection Procedures. Cour*y Adraln hasWs Bulletin aos
[DESCRIPTION FUtDJOROx ACCT TASK TION ACTIVITY AMOUNT
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Deposit cons6t3 of the fa�I wro
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CHECKS,.M.0.ETC. $
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FOR AUDITOR-CONTROLLER USE MY
DEPOSIT ( �F
PERMIT DP
NUMBER }
DATE
ASSIGNED
The amount of money described above is for Trbasurer`s receipt of above amount is approved Receipt of above amount is hereby
into the C' ty Treasury. cxkrwwledgrad
°'.z;4�:: �Ft Date � � _�., •..,.�..' •
rye: EXT. ' ?' '~ I Deputy County Avatar sem' Deputy County Trea�urar
D-34 REV.(7-93)
819800-0800: 61121615, $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, $42,48000, Sub 8577, Cash Performance Bond,
Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520
819800-0800: G1121619, $2,460.00, 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, $13,600.00, 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
819800-13800: 61121671, $1,100, Sub 8715, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583
819800-0800: 61121673, $2.230.00, Sub 8716, Cash Performance Bond,
Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: 61121675, $3.900.00•, 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, PO Box 504, Alamo, CA 94507
0649-9665 1831000: 61121654, $300.00, RS 2837, Record of Survey
Deposit, Downrite Demolition A Excavation, 1407 Webster St. #201,
Oakland, CA 94612
0649-9665, f 831000: G1121655, $500.00, RS 283, Record of Survey
Deposit, Crenshaws', 228 Calle Le Montana, Moraga, CA 94556
0649-9665 / 831000. G1121657, $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 P1 #310,
San Ramon, CA 94583
0649-9665 / 831000; G1121661, $133,700.00, RA1142, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
4
0649-9665 / 881000: G1121663, $8.200.00, Sub 8712, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121665, $11,050.00, Sub 8713, Landscape
Improvement Inspection Windemere BLC LLC, 3180 Crow Canyon P1 #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121667, $12,600.00, Sub 8714, Landscape
Improvement Inspection Windemere BLC LLC, 8180 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 Pl #310,
San Ramon, CA 94583
0649-9665 / 831000: G1121674, $47,6§0.00, Sub 8717, Landscape
Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #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: 01121503, $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 Tronsp, Toll Brothers Inc.
California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583
ti
Executed in Duplicate
Bond No.: 1041 25139
DeveloptMent: RA 1.147 Q-011JUL S
Premium: $2,661.00
IMPROV8MENT SEC'UNTY BOND
FOR ROAD INSPROV'EMBNT ACRREMENT
(performance,Ouarenree,and Payment)
(California Government Code §§ 66499-66499.10)
1. RicCiTAL of RoAn IMPRovEIKENT AGREEMENT: The Developer(Principal)has executed an agreement
Otoad Improvement Agreement) with the County to install and pay for stmt, drainage and other
improvements on,or along $&„114' W corupl+ete said wWk within:the time specified for completion
in the Road Improvement Agreement,all in accordance with State and local laws and ndings.
2. QRLIOATION: W" as Principal and
Travelers Casualty,and Surety_C_omPanv of America,a corporation organized under the laws of the State
of Connecticut _.and authoriaeed to transact surety business in California„as Surety;lurnby jointly and
severally bind ourselves,our heirs,executors.administrators,successors and assigns to*4 County of Contra
Costa,California to pay as follows.
A. Performance: Dollars
{ 38th., _) for itself or any city assipAe under the above County Road
Improvement Agreerrrent,plus
13. Paymeart; Que HUnftd No=LY2 Dud and 00li00 .�Dollars
to secure the claims w which reference is arcade in Title 15 §§et seq.
of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above banded Principal,
or principal's heirs,executors,administrators,successors or assigns,shall in all things star d to and
abide by and well and truly keep=4 perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provi4od on it or its part. to be kept and
performed at the time and in the Ammer therein specified and in all respects according to their true
intent and m ea wng 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 flail force and efct.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee,in successf ally enforcing such obligation,all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (M) above, is such that said Principal and the
undersigned as corporate surety ;re 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 agrement and referred to in the aforesaid Civil Code,for materials Aunish4 labor
of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work
or labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorneys fees,incurred
by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be
awarded and foxed by the court,all to be taxed as costs and to be included in thejudgement therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and coupon scions cnxklod to file claims under Title 15(commencing with Section
3082 of Fart 4 of Division 3)of the Civil Code of the State of California, so as to give a right of
action to them or their assigns inn any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shalt
become null and void;otherwise it shall be and remain in Rall force and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent
is hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal wt=wver taken.
4. SIGNED AND SEED:
The undersigned executed this document on October 6, 2003
- W.INDEMERE BLC LAND COMPANY, LLC
By. Lannar Hamas of California, Inc. 'TRAVELERS CASUALTY 4ND SURE'T'Y
PR.INCIPAL:its manager SURETY:COMPANY OF AMERICA
Atid>m.- 24500 Chrisanta give Address: 9325 Sky Park Court, Suite 220
City: Mission Viejo2597 City. San Die , CA 92123
By. By.
pNe; Lawrence H. 'horn s Print Name Leigh McDonough
vice President Title. Attorney-in-Fact
0'hVP~VCFWft%N wcmaver 4 rAc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On October 7, 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 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 h and official seal. ON
� N
Commission#1335380
L4ANotary Public 4 California _
Grange County
�.ty Cr nm.qtr 17,20th
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. 1041 25139
Number of Pages: Two(2)
Date of Document: October fi 2003
Signers (other than those named above): Leigh McDonough
CALIFORNIA ALL-PURPOSE A SIOWLEDGMENT No.6907
State of California r
County of Change
On --ryqbbtyj p, _ _ before me, Rhonda C.Abel,Notary Public ,
DATE' NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Leigh McDonough
,
NAME(S)OF SIGNER(S)
personally known to me-OR- (l proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
b
WITNESS my hand and official seal.
hNIC'
*" N 1�C.ABEL � acs. Cr�:'ny- � ^ �i 0,6Z
C
t3 Cc�nan,1.#131277'7
NOTARY PUBLIC-CAUFORNIA+ SIGNATURE OF NOTARY
ORANGE COUNTY {)
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
® INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TME(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PACES
OTHER:
SIGNER IS REPRESENTING. DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITYPES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-44871GEEF 2199 0 1993 NATIONAL NOTARY ASSOCIATION•8230 Remmat Ave.,P.O.Box 7184•Canoga Park,CA 91309-718+1
TRAVELT CASUALTY AND SURETY COMPANY OF. ',RICA
11......ELERS CASUALTY AND SURETY COMPA)s
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 061$3-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRA'V'ELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations drily organized under the laws of the State of Connecticut, and hawing 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 Marhelia-
Myers, Rhonda C. Abel, Stanley.C. Lynn, Patricik H. Brebner,Alexis H. Bryan, Leigh McDonough, of Irvine, California,
their true and lawful Attorney(s)-in-pact,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 Attorneys)-in-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 Chaimian,the President,any Vice Chairman,any Executive Vice Presidlent,an Senior Vice Presider
Second vice President,the Treasuurer,any Assistant Treasurer,the c y t,�vice President,r any
, y Corporate Secretary or any Assistant Secretary may appoint Attorneys-�in.F'act
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 revolve 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 band, recognizance, 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 Trete,the Corporate Secretary or any
Assistant Secretary and drily attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
repired)by one or more Attorneys-in-;/:act and Agents pursuant to the power prescribed in his or her certificate or themcertificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)ander 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 fids force and effect:
VOTEQ 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 Secretary,and the seal of the Company may be affixed by fhesimile to any
povWer of attdrmey or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in Fact for
purposes only of executing and aftesting bonds and undertakings and other writings obligatory in the nature th=4 and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such:power so executed and
certiW by such facsimile signature and f icsimile seal shall be valid and binding upon the Company in the flrtm with respect to any bond or
undertaking to which it is attached.
(11-00 standard)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY ,SND SUR= COMPANY and FARMINGTON CASUALTY COMPANY have cawed this instrument to be
signed by their Senior Vice President and their corporate seal►to be hereto affixed this 10th clary of February 2003,
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
)SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
1ls
~ )
By,'� °°"a George W.Thompson
w Senior Vice President
On this 10th day of February,2003 before me personally came GEORGE W. THOMPSON to sue 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 helshe knows the seats of said corporations,that the sub
aftwd to the said instrw=t are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office tender the Standing Resolutions thereof.
My commission exibires June 30,2008 Notary Public
Marie C.Testreault
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 C rti icate of Authority
remains in full force and has not been revoked; and furthermore, 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. Bated this 5 th day of
October ,20 03
tr ,
ooW
�. tsltt Y
Kori M.Johanson
Assistant Secreta Bond
Travelers
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
$100,000,000,000.00, 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.