HomeMy WebLinkAboutRESOLUTIONS - 12052006 - 2006-755 1
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THE BOARD OF SUPERVISORS OF CO'-NTR-k COSTA COUNTY. CALIFORNIA
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Adopted this Resolution on December 5. 2006 by the following rote:
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AYES: Cilkema.Piepho. Gloier and Gioia I
NOES: None
V=ACANT: DISTRICTI<- CPERVISORDESALLNIER I
ABSTAIN: None I
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RESOLUTION NO. 2006
SUBJECT: Approving Subdivision Agreement (Right-of-Was- Landscaping) for Sherwood
Park Acceptance 03-00016 (cross-reference Subdivision 03-08609), for project
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being developed by Windemere BLC Land Company, LLC. San Ramon I
(Dougher v Valley area. (District III) I
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These improvements are approximately located near Jamie Place.
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The following document was presented for Board approval this date for Sherwood Park. ;
located in th:, San Ramon (Dougherty `alley) area. I
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A Subdivision Avreement (Right-of-Way Landscaping) with Windemere BLC Land I
Company. LLC, developer. whereby said developer agrees to complete all improvements as �
required in said Subdivision Agreement (Right-of-Way Landscaping) within two _rears from the
date of said agreement. Improvements generall•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 Count- Ordinance Code, as follows:
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I. Cash Deposit
Deposit Amount: S5.750.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 43606' December 1-1. ?00=1
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G:_�n_S%c BG 12Bo-_ PA 0-,-._!16.&x I heret)v certify that this is a tme and correct coDV of an
Grigina[or: ?gib:i=',:c»r.ES - '
Contact: T.Rie,_:_ action taken and entered on fre mmntes of the Board o:
CC: Supervisors on the date shovcn.
C_T27:'.ai:::ra,CC.T.TO ::?:
T-Gzwaner�.3�.':_P:)
ATTESTED: )e�"G7-P7ZG;,1 06-, -nom
r;:'- B .��Re-zd.S_-ne-uP I
R_-, -,.CA �,_s_ JOHN C -LLE v, Clerk of the Board of Supervisors and
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a:c'.-Br.---.. ' Counts Administrator i
_r:rzs Gaon 5_:as:`r[asu:arx C, -v
one[=_ an. P!az "_1`Eleor i
By . .Deput4 1
RESOLUTION NO.2006_ 25
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SUBJECT- Approving Subdivision agreement (Right-of-Way Landscaping) for Shern-ood 1
Park acceptance 03-00016 (cross-reference Subdivision 03-OS509), for project I
being developed by Windemere BLC Land Company=. LLC. San Ramon
(Dougherty Valle) area. (District III) I
DATE: December 5. '_006
PAGE: 2
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II. Surety Bond 1
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Bond Company: National Farmers Union Standard Insurance Company (aka
Quanta Indemnity Company- I
Bond\umber and Date: 4410196 December 3. 2004
Performance amount: S569.450.00
Labor&Materials Amount: S28?.600.00
Principal: Windemere BLC Land Company, LLC
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\OW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way Landscaping) is APPROVED.
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All deposit permits are on file «-ith the Public Works Department.
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RESOL CTIO NNO. '006.
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C. upon acceptance of the 0—as comp!ete by the Board of Supervisors ands request of the Subdivider,the amount
securities may be reduced in accordance with o94-4.406 and 6944.408 of the Ordinance Code. I
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4. GUARANTEE AND AARRANTY OF WORK. Subdivider auarantees that said work shall be free from defects in material or
workmanship and shali'perform satisfactorily for a period o`ore-yearfrom and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6."Acceptance".of the Ordinance Code. Subdivider agrees to correct.repair,or replace,at his expense, I
any defects in said work.
The guarrar tee period does not apply;to road improvements for private roads which are not to be accepted into the County road
system. I
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5. PLANT ESTABLISHMENT VORK. Subdivider agrees to perform establishment work for iandscaping installed under this �
agreement. Said plant establishrnent-rrork shall consist of adequate!y watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and o:her work determined by the Public'orks Department tg be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of ore-year from and after the Board of Supervisors accepts the work as complete. At I
the discretion of the Caur. . bids may be reieased after final acceptance of landscaping improvements by the County.
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6. IMPROVEIMENT PLAN" ARRANT`!. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of I
Supervisors accepts the work as complete or during the one-year guarantee period,slid improvement plans prove to be inadequate in any
respect. Subdivider shall make whatever changes are necessary to accomplish the work as promised.
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7. NO WAIVER BY COUNTY. Inspection of the work and'or materials.or approval of work and!or materials or statement by any �
officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or
acceptance of the wkole- 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 obiigation to full;{I this agreement as prescribed:nor shall the County be thereby be stopped from bringing any i
action for damages arising from tre failure to; comply with any of the terms and conditions hereof. I
8. INDI 0.MHTY: Scbdivider shali hold harmless and indemri`v the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions defined be:o::. and including personal injury.death. property damage,inverse condemnation,or any combination of
these, and reC12rdiess 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),orother proceeding(s)concerning
said liabilities and claims.
C. The actions caus;na I:ab;!it.l 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. Nor:-Cond;1ions: The romise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared.Supp!ec.or approved any plan(s)or specifications)in connection with this work orsubdivision.or has insurance
or other indemnification covering a of'hese maters.or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COSTS: Subdivider shall pay when due,a!1 the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
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10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the j
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
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11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and
subsequent extensions, or fails to maintain the work, t"e County may proceed to complete and/or maintain the work by contract or
otherwise.and Subdivider agrees to pa_ ail costs and charges incurred by the County(including,but not limited to: engineering,inspection.
surveys.contract. ✓erhs2d,etc.) i r mod°atay upon,demand. I
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Subdivider hereby ccnse^ts tc entr on the subdivision property by the County and its forces,including contractors.in the event
the County proceeds to complete and cr maintain the work,. j
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Once action is taken by Cour„r to complete or maintain the-work.Subdivider agrees to pay all costs incurred by the County.even if
Subdivider subsequently completes the y:grk.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work.Subdivider agrees to pay a!i attorney's fees.and all ether expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORA T ION.'ANNEX;TION. if.before the B02rd of Supervisors accepts the work as complete.the subdivision is included in �
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights Sn2!;be transferred to the re;>or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider.who shall fulfl!:all the terms of t:S agreemer.;as though Subdivider had contracted with the city originally.
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13. RECORD f.AP. In cocnsiderat5-_n her--f. C ^t s".ail al;ova Sutdivider to file and record the Final t✓tap or Parcel Map for said ;
Subdivision.
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G-5^. as-rqr=.F_-rs-r_ ;ora-G-3?-Vic=
Re'.-play"2.c_ 1
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r SUBDIVISION AGREEN'IENT
(Right of lilvlay Landscaping)
(Government Code IS66462 and§06463) f
Subdivision: PA 0016 (Cross-Ref SUB 8509) Effective Date:
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Subdivider: :"dindemere BIC Land Cornoanv L.L.C. Completion Period: 1 year
MNDE:tERE BLC LAND COMPANY_LLC
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited hability compan%
B:-LEN-OBS Windemere,LLC,
CONTRA COSTA COUNTY SUBDIVIDER: A Delavkare limi ed liability cempan%
lfaaa=ing Member
B% Lernar Herres of Califamia,trig-.
Manaaiae Member
N'laurice,M. Shiu• Public Works Director
CA A U X�w ` L1n isign
,_mint rp-me e f Lynn,lcrhim.VicetrMdent
RECOMMENDED FOR APPROVAL: i
By: „s tprintnamz cF title)Paul 1f_ 9kef.Act.Secretary
Engineering Services Div i;idn
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FORM APPROVED: Victor J. Westman. County Counsel
(NOTE:All smnatures to be acknowiedged. If Subdivider is mccroorated,
signatures must confcmt with the designated rep-esentat^vire crouos
pursuant to Corporations Code S31'1.) _
1. PARTIES 8 DATE. Effective on the above date.the City of Count,,of Contra Costa,California.hereinafter called"Count,:."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 recuired in the
improvement plans for this subdivision as reviewed and or.file with the Contra Costa County Public Works Department and in conformance
with the Contra Costa Courty 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 faap act(Government Code§§66410 and following). in a good workmanlike manner.in
accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder, and where there is a conflict between the improvement plans and the County Ordinance Code• the stricter
requirements shall govern.
"s. IPAPROV_MENT SECURITY. Upon executing this Agreement.the Subdivider shall,pursuant to Government Code§66499,and
the County O.dinance Code, provide as security to the Countv:
t A. For Performance and Guarantee: S5.750-00 cash.plus additional security.in the amount of
S 569.450.00 which together total one hu-idred percent(100`,0)of the estimated cost of the 1.vork. Such
additional security is presented in the form of:
Cash.certi9ed check or cashiers check.
X Acceptable corporate surety bond.
4,cceptable irrevocable letter of credit.
\°lith this secu-1h.the Subd.vider eL'ara:tees-enormance undertnis Agreement and maintenance of the work'or one year after its
completion and acceptance a.-al.-St any defective t-.o-kmansn:p or materials or any unsatisfactory performance.
B. For Payment Securitv in the amcun!of S 287.600.00 which is rift:percent(50`31ortne estmated cost
of the work. Such security is presented in the form of:
Cash,cert ied check,or cashier's check
X Acceptable corporate surety bond.
Acceptab!e irrevocable letter of credit.
l' ith this security.the Subdivider guarantees payment to the contractor.to his subcontractors.and to persons renting equipment or
furnishino labor or materials to them or to the Subdivider.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
..�rcr-,�.�c.6c..�ecc-.Lr-.�r..�e�.�eivr..s�kr..�.e��.ce,�.Etsc�•.��-.;✓c.���.writcc�.c€:Er.�.;i�.cr.�--r�r.;�.�.f•ci=•�. I
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k Sta?e of California
2� /� ss.
-� County of l.OIJTpR onSTR
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Or�At�1UA��1 �.aooS beforeme.�A�EY�1L.�iEENA1�1. 1V07A��ZPv43ltC. i
personai!y appeared -`1f�1N
�9 personally known to me � l
i proved to rre on the bass of satisfactory
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eviderce I
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:o be the persor'.11sli whose camels -is are
subscribed to the .within instrument and
` 11 KAREN L. KEENAN ackno-:aedged to me that he-sHethey execu?ed
k �J Commission 8 1378827
3 the same in I+t her,heir authorized I
-ci Notary Public - California S
capaci
- t lies). and that b +�rs+'e'iheir
Contra Costa County _ y y
MyComrn.ExpiresOct7.2006 signature s) on the instrument the perscnlsl. or
the entry rpon behalf of v:h'ch the personls)
acted. executed the ins_rument.
WITNESS y hand and o al e
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OPTIONAL I
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Description
Description of Attached Document
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Title or Type of Document:pe
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Document Dave: Number of Pages:
16 I
Signer(s)Other Than Named Aoove:
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Capacity(ies) Claimed by Signer
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� Siarer's Name:'
Corporate Officer- T.tie s : K I
= Partner-- Limited -Genera: I
- Attorney-in-Fac?
= Trustee
f = Guardian or Conservator I
O'her: I
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Signer Is Representing:_
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
• FICE OF COUNTY AUDITOR-CONTROLLER
70 THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see Cour"AcIrrinilitrator's Bulletin 105.)
DESCRIPTION FUND/ORGL SUB'ACCT. I TASK �TIONJ ACTIVITY I AMOUNT
$
V it A "y ill -1 lh4fith. i LIX
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'6 it n r, TTa
T, ,it -7
jr—_--
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I A .1 11 1 -4 f L L't I I /I ill
t i I t I a t
Al
A . . . . . . . . h
J`_.,
EXPLANATION: TOTAL $
DEPOSIT
Deposit corlsists of the following items
COIN and CURRENCY S
CHECKS.hLO.ETC.
BANK DEPOSITS S
-Z 91DW I FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PER14T DP
NUMBER
DATE
ASSIGNED
The amount of money described above is for I Treasurer's eipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury acknowledged
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iSkjned: :Zied:
Title-. -Ji - _V EXT., \,—DJputy Coun1V A4d4g7) Deputy County Treasurer
D-34 REV.17-931 At�
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0649-9665 / 831000: G1140591, $5.385.47, Sub 8755, Landscape
Improvement Plan Review, KB Home South Bay, Inc., 6700 Koll Center Pkwy,
Suite 200, Pleasanton, CA 94566 j
0649-9665 / 831000: G1140592, $20,041.86, Sub 8755, Landscape
Improvement Inspection, KB Home South Bay, Inc., 6700 Koll Center Pkwy,
Suite 200, Pleasanton, CA 94566 !
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0649-9665 / 831000: G1140595, $2,500.00, FSO400022, Flood Control,
Pinn Bros.Construction Inc., 1475 Saratoga Ave, Suite 250, San Jose, CA
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95129 , i
0649-9665 / 8310 -61140597, $46,520.00, PA 0016, Landscape
Improvement
PI eview, Windemere BLC Land Company, LLC, 2130 Crow
Canyon PI #310, San Ramon, CA 94583
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0649-9665 / 831000: 61140600, $13,240.00, RA1166, Landscape
Improvement Inspection Deposit, Windemere BLC Land Company, LLC, 2130
Crow Canyon PI #310, San Ramon, CA 94583
819800-0800: G1140596, $5,750.00, PA0016, Performance Cash- Bond,
Windemere BLC Land Company, LLC, 2130 Crow Canyon PI #310, San Ramon,
CA 94583
819800-0800: G1140599, $1,590.00, RA1166, Performance Cash Bond,
Windemere BLC Land Company, LLC, 2130 Crow Canyon PI #310, San Ramon,
CA 94583
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821500-0800: G1159338, $464.81, San Ramon SCC Reg Fee, City of San
Ramon, 2222 Camino Ramon, San Ramon, CA 94583
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821500-0800: G1159338, $6,600.65, San Ramon SCC Sub- Reg Fee, City of
San Ramon, 2222 Camino Ramon, San Ramon, CA 94583 I
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As par[of the obligation secured hereby and in addition to the face amount specified therefore,there i
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
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B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the j
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 famished or labor i
thereon of any land,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 attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered
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It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all i
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)ofPart 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assips
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to bythe
Principal and the Counry shall relieve any Surety from liability on this bond;and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on December 3, 2004 i
WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company I
By: LEN-OBS Windemere, LLC, a Delaware corporation, its Managing Member
B Lennar Homes of California, Inc. ,
PONEPAL: _its Manaeine Member SLWTY: NATIONAL FARMERS UNION STANDARD
INSURANCE COMPANY
Address: rntPrnrise Address: One Financial Plaza, 10th floor
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City: Aliso VIe7o , p' 92°�6 City: HartfordrCT Zip: 06103
By: �� By:
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Print Name: David L. 6vans Print Name: Patrieta H. Brebner
Title: Vice President Title: Attorney-in-Fact
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oPNVS1%SHARDAT^r4:pDac,fA65.ciFofmB.N WORDON•12A Ooc
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Subdivision: PA 0016 (Cross-Ref SUB 8509)
Bond No.: 4410196 I
Premium: $2,847.00 `
Executed in _Duplicate Il
IMPROVEMENT SECU12mTY BOND
FOR PUBLIC RIGHT OF WAY LA:'NmSCAPE AGREvww
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: 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 PA 0016
(Cross-Ref SLB 8509L 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 iu order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
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j 2. OBLIGATION: Windemere BLC Land Companv,L.L.C. asPrincipal,and
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National Farmers Union Standard Insurance Company . acorporanonorgatnizedemstingunder the laws
of the State of Colorado , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the Counry of Contra Costa, California to pay it:
A. Performance and Guarantee: Five Hundred Sixty Trine Thousand Four Hundred Fifty and 00/100
Dollars (S 569,450.00 ) for itself or any city assignee under the above County
Subdivision Agreement,plus
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B. Payment: Two Hundred Eiahty Seven Thousand Six Hundred and 00/100 Dollars
(S 287,600.00 ) 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 Code of the State of
California.
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3. CONDITION:
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 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
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null and void; otherwise it shall be and remain in full force and effect.
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CALIFORNIA ALL-PURPOSE ACK\OWLEDGENIENT
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State of California i
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County of Orange
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On December 6. 2004 before me, Dina Printy, 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 i
on the instrument the person or the entity upon behalf of which the person j
acted, executed the instrument.
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Witness my hand and official Seal.
DINA Pi N ( I
Comrn:won# 1433610
Ncicr,�ctr':c-Caittorcia >
b Cr-orge L by —
t;: Ccr-.m.Exrires Nov 28,2007 I
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OPTIONAL
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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.
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CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
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Corporate Officer—Vice President Lennar Homes of California, Inc.
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DESCRIPTION OF ATTACHED DOCUMENT
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Type of Document: Suretv Bond No. 4410196
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Number of Pages: Two (2)
Date of Document: December 3. 2004
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Signers (other than those named above): Patricia H. Brebner i
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NATIONAL FA'lc.(IERS UNION STANDARD INSU10,a9CE COAIPANFY
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[in the process of being renamed Quanta Indemnity Company]
New York City.New York 10020
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PO«`ER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: that:vational Farmers Union Standard Insurance Company[in the process 1
of being renamed Quanta Indemnity Company].a Colorado corporation,(hereinafter the"Comparre'),does hereby constitute
and appoint:
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Patricia H.Brebner I
of Irvine.California to be its true and lawful Attorneyfs1-in-Fact,with full power and authority hereby conferred to sign,seal.
and execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar nature issued in the course I
of its business up to a penal sum not to exceed FIFTY MILLION AND 00100 DOLLARS (S50.000.000.001 each, and to bind
the Company thereby as fully and to the same extent as if the same were signed by the duh-authorized officers of the Company.
This appointment is made under and executed pursuant to and by authority of the following Be_-late. which By-law is now in
full force and effect:
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ARTICLE XVIII-EXECL'TION OF POLICIES,BONDS_ETC. �
Section 2. All bonds,undertakings. contracts. and other instruments,other than as above for and on behalf of the Company j
which it is authorized by law or its charter to execute.may and shall be executed in the name and on behalf of the Company '
either by the Chairman or the Deputy Chairman. if an.or the President or a Vice President,jointly with the Secretary or an
Assistant Secretary.under their respective designations,except that am one or more officers or attorneys-in-fact designated in
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any resolution of the Board of Directors or the Executive Committee, or in any power of attomer executed as provided for in
Section 3 belo.c-,may execute any such band,undertaking or other obligation as provided in such resolution or power of
attorney. I
Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman or the Deputy Chairman or the President or a Vice President or an assistant Vice President.
jointly with the Secretary or an Assistant Secretary.under their respective designations. The signature of such officers may be
engraved,printed or lithographed. The signature of each of the following officers: Chairman,Deputy-Chairman.President. 1
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any Vice President,any Assistant Vice President. any Secretary, any Assistant Secretary and the seal of the Company may be
affixed by facsimile to any power of attorney or to any certificate relating thereto appointing assistant Secretaries or attorneys-
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in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligator-in the nature thereof.
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 certified by such facsimile signature and facsimile seal shall be valid and I
binding upon the Cempany.yith respect to any bond or undertaking to which it is attached. 1
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INT WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Company and ;
the corporate seal ofNational Farmers Union Standard Insurance Company[in the process of being renamed Quanta Indemnity
Company]has been affixed thereto in New York City.Very York this 26"day of March. 2004.
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National Farmers Union Standard Insurance Company
[in the process of being renamed Quanta Indemnity Company]
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By_ I
Walda Decreus.Assistant Secretary'
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STATE OF ICEW YORK) qs
COUNTY OF NEW TORIC)
On this 26th day of March. '4004.before me.a Notan•Public..personally Came R TLDA DECREUS.to me known. and
acknotyledeed that she is an Assistant Secretan•of-National Farmers Union Standard Insurance Company[in the process of
being renamed Quanta Indemnity Company];that she knows the seat of said corporation; and that she executed the above
Power of Attorney and affixed the corporate seal of National Farmers union Standard Insurance Company[in the process of
being renamed Quanta Indemnity Company] thereto with the authority and at the direction of said corporation.
Carol E.Cincola �v
Notary Public-State of Nein Yori
No.01 C14759623 Notary Public J
Qualified in 4Nestchester County
My Commission Exoires Jure 30.2006
CERTIFICATE
I.the undersigned,Secretary of National Farmer Union Standard Insurance Company[in the process of being renamed Quanta
Indemnity Company]. do hereby certify that the foregoing Power of Attorney is still in full force and effect. and further certif%-
that Article XVIII, Secticns 2 and 3 of the By-laws of the Company are now in force.
IN TESTIMON-Y WHEREOF I have subscribed m}name and affixed the seal of said Company. Dated this 3rd day of
December 3, 2004
By i
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Martha G.Bannerman.Secretary
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CALIFORNIA ALL-PURPOSE.""�NOWLEDGMENT No.59c7
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State of California j
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County of Orange
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On December'3 2005 before me. Rhonda C.Abel.Notary Public
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DATE NAVE.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC"
personally appeared Patricia H.Brebner
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K4,ME-SOFSIGNER-Si I
X, personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) isare subscribed to the within instrument and
acknowledaed to me that heshethey executed the same in
his.'heutheir authorized capacity(ies). and that by hisrher their
signature(s) on the instrument the person(s). or the entity upon
behalf of which the person(s) acted. executed the instrument. �
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WITNESS my hand and official weal.
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RHOiDA C.AB=L �ti �
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CO.Y.M a Ys2777
J _ SIGNA T URE OF NOTARY
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OPTIONAL
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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
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INDIVIDUAL
CORPORATE OFFICER
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TITLE OR TYPE OF DOCUMENT
TITLE:S: I
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_ PARTNER(S) LIMITED
`I GENERAL
i ATTORNEY-IN-FACT
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TRUSTEE(S)
GUARDIAN CONSERVATOR NUMBER OF PAGES
OTHER:
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SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSONS_:OR ENTi Yt:ES;I
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SIGNER(S) OTHER THAN NAMED ABOVE
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S-4r--GEEF 2 0-8 193-3 NAT!ONAL NOTARY ASSOCiATiCN•6236 Rem.:-et AVe..P-O.BCs 7-.A-4.Ca-o?a Pa M.CA -.._9-7534
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T�NA
IMPORTANT DISCLOSURE NOTICE
REGARDING
TERRORISM RISK INSURANCE ACT OF 2002
Under the provisions of the Terrorism Risk Insurance Act of 2002 ("The Act"), we i
are providing this disclosure notice for bonds for which a subsidiary of Quanta
U.S. Holdings, Inc. is the surety. You are hereby notified that any losses caused
by a certified act of terrorism as defined by The Act may be partially reimbursed
by the Federal Government under a formula established by The Act.
The term "certified act of terrorism" means any act certified by the Secretary of
the Treasury, in concurrence with the Secretary of State and the Attorney
General of the United States, to be an act of terrorism; to be a violent act or an
act that is dangerous to human life. property or infrastructure; to have resulted in
damage within the United States, or outside the United States in the case of an
air carrier or vessel or the premises of a United States Mission; and to have been
committed by an individual or individuals acting on behalf of any foreign person
or foreign interest, as part of an effort to coerce the civilian population of the
United States or influence the policy or affect the conduct of the Federal
Government by coercion.
The formula established by The Act requires the Federal Government to pay
90% of losses arising from certified acts of terrorism that exceed the statutorily
established deductible to be paid by the surety.
Acts of terrorism are not excluded from any surety bonds issued on your behalf
and your premium charge for terrorism coverage is $0.00.
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This is a notice regarding your terrorism coverage which should be used for informational I
purposes only. Please refer to the bond form for the terms and conditions regarding your
terrorism coverage.
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Form Number SUR 10001 (Ed.4/04)
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