Loading...
HomeMy WebLinkAboutMINUTES - 03192002 - C21 'Cal THE HOARDOF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 19,2002,by the following vote: AYES: SU'P'ERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER and GIOIA NOES: NONE ABSENT NONE ABSTAIN: NONE RESOLUTION NO. 200211,50 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8157,being developed by Windemere BLC Land Company,LLC,San Ramon area(District'1 ). The following documents were presentedfor Board approval this date: I. Map The final map of Subdivision 8157, property located in the San Ramon area, Supervisorial District IlI, said reap having been certified by the proper officials. II. Subdivision Agreement A'subdivision agreement with Windemere BLC Land Company LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Otiglastar:Public Works(Es) Contact Teri Ric<313-2}63) 0:1GrpData\EngSuclBON200213-19-02\SUB 8157 BO-21.doc W1:1ad A.T"TESTED: ��/"� cc: Public Works-R.Bruno,Construction Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T i-19-03 County'Adrnirt�strator Windemere 81.0 band Company,LLC 3130 Crow Canyon RA,#310 z San Ramon,CA 94583 The American insurance Company 5 Peters Canyon Road By Deputy h-vine,CA 92608 RESOLUTION .ZOfl2i I50' SUBJECT: Approval of the Final Map''and Subdivision Agreement for Subdivision 8157, being developed by Windemere BLC Land Company,LLC, San Ramon area(District III). DATE: March 19, 2002 PAGE 2 ACash Bond Performance amount: $5,800.00 Auditor's Deposit permit No. 381790 Date: February 19, 2002 Submitted by: W indemere BLC Land Company LLC Tax ID Number: 94-369-15-16 Surety Bond Bond Company: The American insurance Company Bond Number: 11127507587 Date: February 12,'2002 Performance Amount: $575,800.00 Labor'&Materials Amount: $290,800.00 Principal: Windenere BLC Land Company LLC I1I. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January 2002, is estimated to be $3,988,500.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: The American Insurance Company Bond Number: 11127507207 Date: January 8, 2002 Amount: $4,185,100.00 Principal: Windemere BLC Land Company, LLC NOW, TBEREFORE, THE FOLLOWING IS RESOLVED 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown`thereon as dedicated to public use. 3 That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. COUNTY OF CONTRA COSTA DEPOSITPERMIT ; OFFICE OF COUNTY AUDITOR-CONTROLLER .1 fO THE TItI ASURER: MARTINEZ,CALIFORNIA RECEN'f©FROM f� 10 ORGAWATION NUMBER —= -- ?"t"�r r` R J C ' i " •' ` S )For Cash Collection Procedum see County,Administrator's Bulletin 105.) DESCRIPTION FUND/ORG S TASK OPTION ACTIVITY AMOUNT $ .5' ;r .�/' -/-"} Z ✓' yv t J'� Gey ' 5 tilde - � i y�}' '' _''. v�/ �✓d f';t �y c to /7a�5'/ r/c7. L� —227 > i 33 "70 EXPLA TION: TOTAL $ - i i�'.r �-': f ''s'd rt S f - '✓. ' C=/0 9./O DEPOSIT Deposit consists of the fo#owkV items ', , ''-E'-E ; .G'r'• r COIN and CURRENCY $ _ CHECKS.M06 ETC RANK DEPOSITS $ { .r, FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT f f cJ ,q PERMIT' DP ' d✓ =1�- 'rYdG=.�*rs4 '"ic'`C � / ? ' NUMBER J r i/. .'x c� C 'fa° e�' f rn r✓ ✓ !I r... r�, 102 ASSIGNED ' + . j ..%�.�', E/]'I J t �".i• ,rte `� ✓� The amount of money described above is for Treasurer's receipt of above amount is c r*y ed Receipt of above amount is hereby intcs the y Tree}c acknowledged. Date 1 �+ -1 4 vu�n, rdle• -''.5 (`! EXT. J;- .Z '�- SSignedCoiunty Deputy County Trreosurer -34 REV(7-93) 1 ex-et Subdivision: SU�3�15�' Bond No.: 111 2750 7587' Premium: $2,015.00 _ �l*tfl' l l l NT'SECU `1"'YBOND Fop.SuBvi t isioN AGREEMNT "(Performance,Guarantee and Payment) (California.Government Codew§§ 56499-66499.10) 1. I=TAL F� -SMtW � UUMENT: The developet(principal)has exett*ted a subdl yisiotl agreement with the 'County of Contra Costa to install and pay for street, ,drainage and ether improvements it) Subdivision 81J7, as specified in the subdivision agreement and to complete said work within the time specified;for completion in the subdivision agreement all in accordance with, State :and local laws and rulings thereunder in order to satisfy cotulitions for filing of final reap or parcel map, for said subdivision, Gt$iI ATTfJN: Windemere BLC Land Com an ,; LLC asprincipal.and The American Ixnsuranee Com a€n , a corporafion.organized and existing under the laws of the State of Nebraska and authorized to transact suretti r business in California. as surety.`hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, {California to pay as follows- A. ' Perfcr,rrrtance and Gaar rtttee: F v taneveh -Five' o d tHmdreA Dollar ($ 7 .11 .0O for Contra Costa County or any city assignee under the above County Subdivision Mgr eem*ent. B. Pgymtnt: Two Hu Ninety?"hmttC,Ei ndred' Dollars ($29 $ ( .f 0)-to secure the claims to whichreference is trade in Title XV(commencing with Section 3082)vfPart4.ofDivision M of the Civil Code of the State of California. 3. COJV tJIOrg: A. The Condition of this obligation as to Section(2-A.)above is such that ifthe,above bonded principal; or principal's heirs,executors,admittistratom.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 it 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 aced meaning and shalt indemnify and save harmless the County of Contra Costa (or city assignee)its officers.agerits',and employees,as therein stipulated.then this obligation shall become null and void,otherwise it shat!be and remain in full force and.effect. As part vfthe obligation secured hereby and in addition to the face amountsp+ecified.therefore,them shall be included reasonable casts,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,,all to be taxed as costs and included in any judgement rendered. . The condition of this obligation. ac to Section (2-13•) above. is such that said principal and the undersigned, as corporate swrety, 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 subdivision agreement and referred to in the aforesaid Civil Code, far materials forth shed,laborof any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said slitstywill pay,the same in an amount not cxceee4ing the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact arnaunt thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court,all to be taxed as costs and to be included to the judgernent 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 file claims underTitle 15(con=encixtg,with Section 3082)of part A ofbfvision 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully perfoimed,then this'obligatiortehall lecsn�e null and void;otherwise it shall be and remain in full farce and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the prirscipal and the County of Contra Costa(or city assignee)shall relieve the surety frt�m liability on this bond;and consent is hereby given to make such alteration,without further notice to or cc nsecat h 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 the principal whenever taken. SjGND ANb SEALPO on February 12, 2042 WINDEMERE BLC LAND COMPANY, LLC By: Lennar Homes of California, Inc. $ PRING'IYAt ' its mana 'er 3REIY: THE AMERICAN I13SURANCE 'COMP Y Addre 3130 Crow Canyon Flare Ste 310 Address: 5 Peters Canyon San , $3 City; City: Irvine CA ip: 92606 �• � 3 By. ichard A. Petersen print Name: Patricia. Brebner Print Name: Title. vice President Title: Attorney-in-Fact WL-tad ¢ 8257 BN-12 doe o kG sn12o(r21�eb�++a'?'�tT8 s CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of ,,Orange On February 12,' 2002' before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.' "JANE DOE,NOTARY PUBLIC" personally:appeared Patricia Brebner NAME(S)OF:SIGNER(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisiberltheir 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. Ax EMS ti.��sN WITNESS my hand and official seal. t � VVrrrr'us!jion# L Notary Public-C,al'tforns8 brange County L my Comm Exp;res.Sun i;2005� SIGNATURE O O'f ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm: CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL! ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED ❑ GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER; SIGNER IS REPRESENTING.'' GATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Cama'Park,CA 91309-7184 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURRW CORPORATION ASSOCIATED INDEMNITY COSPOR&TION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OP ATTORNIRY KNOW ALL MIEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,HE AMERICAN INSURANCE COMPANX a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDENINITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia Brebner of Costa Mesa, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place'and:stead, to execute, seat, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------ and - --_ --and to bind the Companies thereby as fully and to the same extent as if such bonds were sighed by the President,seated with the corporate seals of the Cornpar3 es and duly attested by the Companies!Secretary,,hereby ratifying and confirming all that the said Attorneys}i Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions;,are now in full force and effect This power of attorney is signed and sealed under the authority of the following Resolntio4 adopted by the Board of Directors of each of the Companies at a meeting duly tatted and hold,or by written consent,on the 19th day of IVlarch, 1993,and said Resolution has not been amended or repealed ,T MOLVED,that the signature of my Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney; or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS W1W.REOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 3 0 day'of January ,_ 2001 -. 'G` slsiilY ti�,ANs�,. of�",ti n FIREMAN'S FUND INSURANCE COMPANY 4.*��`'••.,,��� • ,4�sa "'s� �., NATIONAL SURETY CORPORATION • •4 THE AMERICAN INSURANCE COMPANY iCM.a+em " ? w L` ASSOCIATED INDEMNITY CORPORATION s °y1r*` `'•,,.;.:,-'s +ce ems` tipRxee,may` ........... � AMlERIT171`0MOBICkE INSURANCE COMPANY a STATE OF CALIFORNIA SS. gyxt .�., COUNTY OF MARINv-�cc-Presse on this3 0 day of J anuarY 2 0 03,before me ptrsonaily tame Donn R. 'Kolbeck to me known,who,being by me duly sworn,did depose and say:that he is a rice-President of each company,described in and which executed the above instrument;that he knows the seats of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS W11F.r12EOF,I have hereunto set my hand and affixed my official seat,the day and year herein first'above'written. KRISTIN A.GAZZOU COMK$12622W r . MOT F AIN CCO N TY M, C NIA 0 N STATE OF CALFFORNIA SS. CERTIFICATE COUNTY OF MARIhI I the undersigned, Resident Assistant Secretary of each company, UO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors,set forth in the Power of Attorney,are now in farce; Signed and scaled at the County of'Marin, Dated the ".12th day of February 2002 r d„'�t.MriCY'1' +�'k+rrskk,k.• f�'�Ci�;a a4*� y 6`M��' ��°�.+�. Restdmt Assistant S CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT EDGMENT State of ft�rr f County of On 'z40;J4 A(A)4 0:�---- before me,' 'Vrx � C Data ff Name and Title of Officer(e.g.,"Jane Doe,Notakj Puble) personally"appeared f s€ r, N e(a)of Signer(s) C ersonaiiy known to me-OR'-❑proved to me on the basis of satisfactory evidence to be the person(4} whose name(*is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the UE81 A A.SHERW©d same in his/her/tf�ieif authorized capacity(if,and that by COMM. 1313582 his/lq�r signature(s)on the instrument the person(o, = WARY PUBLIC-CALIFORNIA� Cocmu COSTA COUNTY 0 or the entity upon behalf of which the person(4 acted, COMM.EXP. tulY 16,xlo5' executed the instrument. WITNESS my hand and official sea Signature of Nota Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages; Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s)' Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s):': Titles) ❑ Partner—❑ Limited..❑General ❑ Partner—❑ Limited '❑General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator -. ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing:' Signer Is Representing 01955 National Notary Association•8236 Rernmet Ave.,P.O.Box 7184•Canoga Pads;CA 91309-7164 Prod.No.5907 Reorder:Call Toll-free 1-860-8761.6827- Tex Collector's Office (`` �+ William J.Pollacek 625 Court Street Contra a County Treasurer-Tax Collector Finance Building,Room 100 P.O. B;x 631 Joseph L.Martinez Martinez,California 04563 Costa Assistant Tax Collector 0063 J''' (925)646-4122 County Joslyn Mitchell: (925)646-4135 FAX Tax Operations Supervisor, .r Date: 1/18/2002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/ MS# City T.R.A. 8157 SAN RAMON66383 Parcel#: 206-060-009-3 206-090-006-3 20"90-004-6 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included In the map. The 2001-2002 tax'lien has been paid in full.' Our estimate of the 2002-2003 tax lien, which became a lien on the first'day of January, 2002 is:$3,988,600.00 This tract is subject to a 1015 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Brad Muni of Muni Finanical at 800-755-6864 The amount calculated is void 30 days from the date of this letter: Subdivision band must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Beard of Supervisors. THE SECURITY MAY COVER TRACTS 8149, 8154,8151, 8152, 8154, 8157, 8158 ILLI J. P LLAC Tress' r r-T elle to By: Windemere BLC Land Comnanv,LLC First American T_fie_ die&Uricau Insurance_;Comnany 3130 Crow canyon P3ace uite 310 1355 Willow Wa 1 5 Peters CanX2.n-Road San Ramon,, CA 94583 Concord,--CA 94520 Irvine. CA 92606 Attar: Don Larson.: Atte: Sharon Jones Ann: Miriam Moss Phone: 9251242-0811 Phone: 925056-702J Phone: 7141368-6000 Bond No. 111 2750 7207 Premium: $14,648.00 BOND AGAINST"T k)MS Y-NOWN ALL MEN BY THESE PRESENTS: That. Windemere BLC Land Companl LLC ,as principal and (Surety) Thome American Insurance Company ,a corporation organized and existed under the laws of the Mate of Nebraska atn4 authorized to uaasact surccy be sinan in California as surety are held and firtaly bound unto the'Cowtty ofCatttra Cast2,State Of Califaru*is%ht pznal sum of Four Million One Hundred Eighty Five Thousand One Hundred and QQ/100 Dtsllats (5 4,185,100.00, 1,to be paid to said County of Contra Costs,for payment of which will and u my be made,we and each of us bind ourselves,our h irs.executor,%administrators and successors,jointly and severally,firmly by these presents Sealed with our Seals and dated this` 8th day of _ January -- 2002 , The c©ndiTions of the abovo obligation is such that VnIERFAS,the above boyruied principal is about to file a reap entitled Tract''Numbers: 8149, 8150, 8151,8152,r 8154, 8157, 5158' and covering,.a subdivision of a tract of land in said County of Contra Costa,and There are certaiTt lit=Or taxes and special assessments collected as taxes,against the said tract of laud covered by said map,which Taxes and speciAl assessments ooll acted as Tants,are not yet dueorpayable. NOW,THERI~FFORE,if the said Windemere BLC Land Company, LL�hall pay all of tho takes and special assessments collected as taxes which are a Iter against said tract of land coveted by said map,at tht time of tho filing Of said map of said tract,then this obligation shall be void and of no effect,otherwise it shall remain in full.farce and effect. (Apprdval Srunp) DATB: P/ri�a:2- Windemere BLC Lend Company, LLC, BAND RlayffiDPffiE) By: Lennar Homes of California, Inc �ANDAPPXOVXD its manager CONTRA OasTA OOtr VTT TR Pnncipal BY R (Anach Acknowledgement The American Insurance Company by Principal) Swrtty (Roach AcYnewledgemtnc Patricia Bebner, Attorney-in-Fact by Surety} l CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oranc le,' On January 9, 2002 before me, Sheila K. McDonald. Notes Public, 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. S. MC DONALD Commission#126C)983 Nott y PW1c Cat€rornia Orange County VMYC0MM5#rft,Apr1d,,20D4. OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form: CAPACITYCLAIMED BY SIGNER SIGNER IS REPRESENTING'; Comorate Officer-Vice President Lennar Homes of California Inc. DESCRIPTON NE ATTACHED DOCUMENT Type of Document: Bond Against Taxes Number 1112750 7207 Number of Pages: One.0J. , - — Date of Document: January 8; 2002 Signers (other than those named above): Patricia Brebrier y oCALIFQRNIA ALL-PURPOSE A&AOWLEDGMENT Na.5907 State of California County of Orange On January' 8. 2©Q2 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.."JANE DoE,NOTARY PUBLIC" personally appeared Patricia Brebner NAME(S)OF;5IGNER(S) personally known to -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized'capactyy(les), and that by his/her/their signature(s)on the instrument the persons) or the entity upon behalf of which the person(s)acted, executed the instrument. ALEXIS BRYAN commission#1zM738 WITNEShand and official seal. Notary Public-Clifornia Zi Z orange County 0. elA111, ,A) Ally comm.Expires Jun 1,21305 -----6TUMOFNOT Y 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' TITLES)' ❑ PARTNER(S) LIMITED H GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING; DATE OF DOCUMENT NAME OF PERSON($)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S4087/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Peck,CA 91300-7184 e`{{/�l���'fyy" - •i y t^ nil\if i1�.7 MM CFiF� y.� 111 MKQ sou r7�RI"O N ASS�} ,�``�{MTE �}REMM OORMUMO THE AI�Rr+0AN IMUNCR 00UPANY RICAN At li{BBU�MUNCH COWA GENERAL POWU OP AVOW KNOW ALL MEN BY SSB YRE.S&fI'S;'That MEMAN'S FM INSURANCE COMPANY. a California corporadoo, NATIONAL SVFMY C0RPORA'I'ION.aA Tensors corporation,THE AMEMCANINSMANCE CO ANX$Naw Jersey co tion tedor adcated in Nebraska, AS LAM CoMRA'ITO , ,a Califor6i& corporation, and A,MMCAN ' UrOM ►BUX INSURANCE COWANX a ldrssowi corpomm(bmm coUm byely cdw"the Compmet")dou ewb hereby appoint Patricia 'Brehne>~ bf 'Costa Mesar CA "if true sad 'lawful Attonmy(syla+&et, with full power of authority busby conferred in their name, place and stood, to executer, se4 acknowledge and deliver any and all bonds,undertakings,recognizances or odw written obli SUBDI"SION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8157 Principal: %ndgMere I,�LC Land'-Company LLC Effective Date: Completion Period: 1 year DEVEQ2PER:WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California Limited liability Company By:LEN-OBS Winde€ere,LLC, C®I IT iL 4 CPATA COU 1'KII CTPAL A Delaware limited liability company Managing Maurice M.Shiu,Public Works Director Member om :'Lennar 1io€ne •lif ! Y ^i.l r By: {Sigh n (Print t nameme &'tftle} CC ENDS OR AP 'ROV—AL Richard Peterson Vice President By. {sgnacure) veering Services Thurston (Print nmm&tale) Don Larson Chief Financial Officer FORM AURt3M:, Victor J.West an,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) L PART1E &I3M:;Effective on the above date,the County of Contra Costa,California,hereinafter called"Court "and the above-mentioned Prineinal.mutually promise and agree as follows concerning this subdivision: Z. iMF" OVI MIeM Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and.such other improvements(including appurtenant equipment)as required in the improvernentplans for this subdivision as reviewed and on file with the Contra Costa County Public Works Departrwnt and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements ofthe 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. IM Rt}VW SSC llRT1 Y. Upon executing this agreement,Principal shall,pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Perfors Wce and Quarantee: $5,S0.0.00 cash,plus additional security,in the amount:$575,800.0 which together total one hundred percent(10011%)of the estimated cost of the work. Such additional security is presented in the form of- Cash, fCash,certified check or cashiers check. X Acceptable'corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal 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. FoI Payment: Security in the amount:$290.800.00.which is fifty percent(50°l0)ofthe-estimated cost oftlre work. Sueln security is presented in the form of Cash,certified check,or cashier's check Aceeptable;corporate surety bond. Acceptable irrevocable letter ofcredit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Principal;agrees to correct,repair,.or replace,at Principal's 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. PLANT ESTABLISHMENT WORK.'Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work detemtined by the Public Warks Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete, 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as pronmised. 7. NO WAIVER BY COUNTY.,Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply`' with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,propertydamage,inverse condenmation,or any combination ofthese and regardless ofwhether'' or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement pians 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 Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other'indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments'in accordance with the filed reap and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. hION-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal 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,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of athird party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP; In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. wt gad G.\GrpData%ngSvckW&en\2002\FeMva}�SCiB 8157 AG-30.doe Rev. October25,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of i](�f r)f County of 'fist bQ:� L` On -�66 13 3- beforeme J to Name and T'Ie of Officer(e.g.,"J a Doe,Notary P fic") personally 'appeared ' Names)of Signer(s) 14personally known to me-OR'--❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4e/are subscribed to the within instrument and acknowledged to me that-hehhe/they executed the BRA A.SIfERYV©t3L3 same in WeAie4their authorized capaci#y(ies),'and that by -O MM. oTARYMM.#1313582 ktls#Her/their signature(s)on the instrument the person(s), PUBLIC-cActFORNIA0 or the entity upon behalf of which the person(s) acted, CONTRA COSTA COUNTY COMM.EXP.JULY 16,2WS executed the instrument. WITNESS'my hand-.and official seal. Signefure of Notary Pub k OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capscity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited' ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attomey-in-Fact ❑ Trustee _ .� ❑ Trustee El Guardian or Conservator ,r ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing:s Signer Is Representing: 1 01995>National Notary Association.8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Tolf-Free 1-800.876-6927