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Home My WebLink AboutMINUTES - 03062007 - C.22 w SE > ContraTO: BOARD OF SUPERVISORS t!= �, FROM: MAURICE M. SHIti, PUBLIC WORKS DIRECTOR a O. Costa C DATE: March 6, 2007 ,,_.co- �y County stz►� SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 06-09144, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ 1'5� for Subdivision 06-09144, approving Subdivision Agreement (Right-of- Way Landscaping), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Landscape plans for Subdivision 06-09144 have been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Wa aping)will t be appro Ze . Continued on Attachment: ✓ SIGNATU RECOMMENDATION OF COUNTY ADMIN19XRATOR RECOMMENDATION OF BOARD COMMITTEE f/AIPPROVE OTHER 7 SIGNATURES : r / ACTION OF BOA ON 4.Y APPROVED AS RECOMMENDED OTHER voT OF SUPERVISORS I hereby certify that this is a true and correct VO)/TOF SUPERVISORS UNANIMOUS(ABSENT ;we" ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LL:vz G:\EngSvc\BO\2007\03-06\SD 06-9144 BO-I6.doc ATTESTED: ��r� �� °,fAW yr Originator: Public Works(ES) Contact: T.Rie(313-2363) JOHN CULLEN, Clerk of the Board of cc: Public Works- Construction Current Planning,Community Development Supervisors and County Administrator T—July 26,2008(P 1) Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road San Ramon,CA 94583 Attn:Brian Olin By , Deputy Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Jeri Apodaca 4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ /A; SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 06-09144, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Subdivision 06- 09144, located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $2,400.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 469817 August 31, 2006 LL:vz I hereby certify that this is a true and correct copy of an G:\EngSvc\BO\2007\03-06\SD 06-9144 BO-16.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: T.Ric(313-2363) Supervisors on the date shown. cc: Public Works- Construction Current Planning,Community Development ,[��yis L �p T—July 26,2008(Pl) ATTESTED: ,/ a46 `�(/ Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road JOHN CULLEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd.,Penthouse Suite Glendale,CA 91203 Attn:Jeri Apodaca By ,Deputy RESOLUTION NO.2007/ �� SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 06-09144, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District I1I) DATE: March 6, 2007 PAGE: 2 Il. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08862505 August 22, 2006 Performance Amount: $239,600.00 Labor&Materials Amount: 121,000.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2007/�5� SUBDIVISION AGREEMENT (Right of Way Landscaping) 3/ / (Government Code§66462 and§66463) �p/(�'7" Subdivision: SUB 06-09144 Effective Date: Subdivider: Windemere BLC Land Company, LLC Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY,LLC A California limited liability company CONTRA COSTA COUNTY SUBDIVIDER: By:LEN-OBS WINDEMERE,LLC, a Delaware limited liability company,its Managing Member Maurice M. Shiu, Public Works Director By:LENNAR HOMES OF CALIFORNIA,INC., Q.California corporation, its Managing Member HBy: C,1, (signature) (print name&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL: (signatur By: G/�✓ `� y e)rint name&title Erik S.Brown,Asst.Secretary Engineering Services iv' ion (P ) FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun ,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 2,400.00 cash, plus additional security, in the amount of $ 239.600.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 121,000.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _ ` 1� County of - - Caw ss. On AuqA,4t before me, rvC-U Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") personally appeared 610 Z rclR,tl� S 1'320 Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)istare subscribed to the within instrument and acknowledged to me that MARCEMARTIM he/5h /they executed the same in his�r/their T9;;;:,C4ffWrAs*M#t 1614317 authorized capacity(ies), and that by .hj,,{+16r/their dory Ptd-C O — signature(s) on the instrument the person(s), or the CormoCosta Col entity upon behalf of which the person(s) acted, My Comm.EVkes Oct 18, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature otary Public OPTIONAL of 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—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— Limited - General ❑ Partner— Limited General OMNI Ll Attorney in Fact El Attorney in Fact ' . Top of thumb here y Top of thumb here El Trustee ElTrustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ A9-6— SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-09023, being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Subdivision 05- 09023, located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $2,300.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 468136 July 31, 2006 I hereby certify that this is a true and correct copy of an LL:vz action taken and entered on the minutes of the Board of G:\EngSvc\BO\2007\03-06\BO-16 SD 05-9023.doc Supervisors on the date shown. Originator: Public Works(ES) Contact: T.Ric(313-2363) cc: Public Works- Construction ATTESTED: 1�',.� /; /i Current Planning,Community Development JOHN CULLEN, Clerk of the Board of Supervisors and T—January 6,2008(P 1) Windermere BLC Land Company,LLC County Administrator 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd,Penthouse By ,Deputy Glendale,CA 91203 1-1 RESOLUTION NO.2007/ �� SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-09023, being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: March 6, 2007 PAGE: 2 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08821791 July 20, 2006 Performance Amount: $227, 200.00 Labor&Materials Amount: $114,750.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2007/145- COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 rgan¢a ion (For Cash Collection Procedures See County Administrator's Bulletii DESCRIPTION FUND/ORG SUB TASK OPTIO ACTIVITY AMOUNT ACCT $ Sales Tax 100300 0637 32.43 Sale of Prints 004530 9931 REV 6GO085 137.75 Sale of Prints 6AO026 93.85 Sale of Plans & Specs 004500 6AO196 167.70 Corner Records 3997- 3999 000651 9660 6LO88D 40.00 Premium Billing 6LO85C DA 00-00005 Drainge Imp Ext 6LO76B 250.00 SD02-08688 ROWL Ext 250.00 SD98-08134 Sub Agmt Ext 250.00 MSO4-0012 Base Map Fee 004528 9931 6KO030 75.00 RA02-01137 Sub ROWL Ext 000651 9660 6LO76B 250.00 RA02-01137 Rd Imp Ext 250.00 SD06-09142 Land Plan Ck 6LO81C 484.00 SD06-09143 Land Plan Ck IV 352.00 SD 89-07418 Plan Ck Over 6L0072 2,521.36 Notary Fee 004500 9975 20.00 TOTAL $ DEPOSIT 255,628.19 Acctng: G1203226-G1203254 Deposit consists of the following items Records: G1203049-G1203087 COIN and CURRENCY $ 93.90 sr �t , Eng Svcs: G12023 1 G120 Ct(1 voids G1203082, G1203083 CHECKS,M.O.,ETC. $ 255,534.29 Invoices: 912240, 912293, 912298, 912300, 912304, 912305, 912309, 912224, BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 912321, 912325. 950589, BA'S 32722, 32831, 18988, 31026, 31139, 26862, 23994 DEPOSIT PERMIT DP 24794, 11207, 15790, 25318, 31720, 31192, 29417, 30462, NUMBER DATE ASSIGNED q I The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed: Date Signed: Signed: Title: EXT. Deputy County Auditor Deputy County Treasurer D-34 Rev. (7-9I/ nc-g 9//1�0(� � J C,sr L phi. T�1"_J µ COUNTY OF CONTRA COSTA .•.,,. DEPOSIT PERMIT ) OFFICE OF COUNTY AUDITOR-CONTROLLER / , ✓ t . TO THE TREASURER: MARTINEZ, CALIFORNIA F , RECEIVED FROM Public Works ORGANIZATION NUMBER 650 igani a ion (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTIO ACTIVITY AMOUNT ACCT SR4BA-06-T52 Permit 007862 9755 REV 6X4409 16.00 Ind 950589 89 Farden Smith 000672 v 6U2504 50.00 TP06-00024 BA 32722 003520 9660 5BO51X 93.39 Z106-11413 BA 32831 I 5B048D 837.54 EF01-00602 BA 18988 000651 61_72RP 2,249.65 6LO83A 160.92 6LO83B 90.89 LP05-02077 BA 31026 003520 5B0029 802.62 DP05-03086 BA 31139 5BO36X 161.43 EL05-20291 BA 26862 000651 6LO81 F 96.89 DP03-03011 BA 23994 003520 5BO36X 100.00 TP03-0023 BA 24794 5B060B 65.97 LP88-02032 BA11207 5BO60A 278.04 ED 98-00418 BA15790 000651 6L084B 364.68 EF03-00626 BA 25318 6LO83A 105.38 EF06-00602 BA 31720 443.88 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O., ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP Y- 9`•R./ NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed: Date-/-/ Signed: Signed: Title: EXT. Deputy County Auditor Deputy county Treasurer D-34 Rev.(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 rganiza ion DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT FS05-00050 BA 31192 000651 196601REV 6L83PV 2,578.16 FS05-00033 BA 29417 T 1,754.03 MS05-00029 BA 30462 6L0034 1,476.16 Postage Reimb 004500 2103 SAS 999SAS 16.47 Trust Fund 819800 0800 37,020.00 000649 96651 197,740.00 000682 9755 3,600.00 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS, M.O., ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed: Date-/-/- Signed: Signed: r' Tille: EXT. �D'eput Count Audlor Deputy County Treasurer D-34 Rev. (7-93) 819800-0800: G1203056, $7,820.00, MS 04-0012, Cash Bond, Shilpa Pathare, 4410 Black Walnut Court, Concord, CA 94521 819800-0800: G1203065, $5.200.00, DA 04-00036, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203066, $2,400.00, S006-09144, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203069, $1 ,000.00, SD06-8930, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203070, $3,300.00, SD06-09142, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203074, $3,100.00, SD06-09143, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203080, $1 ,000.00, RA05-1193, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203084, $5,200.00, PA-04-0017, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203085, $8,000.00, SD89, 07418, Cash Bond, H & B Property Solutions, 1300 EI Camino Real, Colma, CA 94014 0649-9665 / 112300: G1203067, $19.900.00, SD06-09144, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203068, $8,840.00, 5006-09144, Landscape Improvement Rev, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203071, $26,800.00, 5[)06-09142, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203073, $2,500.00, SD06-08930, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203075, $25,600.00, 5[)06-09143, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 0649-9665 / 112300: G1203078, $42,100.00, DA 04-0036, Landscape Inspection Fee, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203079, $5,200.00, RA 05-1193, Landscape Inspection Fee, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203081, $27,100.00, PA 04-0017 Landscape Inspection Fee, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203085, $39,700.00, SD89, 07418, Cash Bond, H & B Property Solutions, 1300 EI Camino Real, Colma, CA 94014 0682-9755/ 139200: G1203253, $3,600.00, 6Q1885, Vacate Saranap Ave, Portion of County Right Away, Bethel Home Care, 1391 Juanita Dr., Walnut Creek, CA 94595 EXECUTED IN DUPLICATE Subdivisiou. SUB 06-09144 Bond No_: 08862505 Premium $2,396.00 IMPROVEM NT SECURTT'Y BOND FOR Punic RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Cnrarantee, and Payment) (California Govenunent Code Sections 66462 and 66463) 1. RFGITAL OF SUBDIVISION AGRF_FmEN-r: 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 064?914� as specified in the Subdivision Agreement(Right of Way Landscaping, and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision_ 2. OBI.IG4TtnN: Windemere BLC Land Company.)•,.LC as Principal, and Fidelity and Deposit Company of Maryland a corporarion organized existing under the laws of the State of Maryland and ai&r izedto transact surety 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 it: A. Performance and Guarantee Two ftndred Thirty-Nine Tbousattd Six Hundred aild 00110Q Dollars($239,600.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: C1ne Hundred Twenty One Thousand and 00.100 Dollars (S 121,000.00 ) to secure the claims to which reference is made in Title KV(commencing with Section 3082)of Pan 4 of Division M of the Civil Code of the State of California. 3_ CONDI'T'ION: A. The Condition of this obligation as to Section 2.(.,k) 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 alterarion 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 intc-rrt and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assigice),its officers, agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and rffLx_T. Bond No. 08862505 (Subdivision Agreement ROW Landscaping) WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE, LLC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, its Managing Member By: ��G� Brian G. Olin,Vice-President By: X/f Erik S. Brown,Asst. Secretary ACKNOWLEDGEMENT State of California County of Orange On August 22 2006 before me, J. Barragan,Notary Public (here insert name and title of the officer) personally appeared Jeri Apodaca personally known to me (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 acknowledge 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. J. BARRAGAN WITNESS my hand and official seal. Commission# 1435125 emy Notary Public-California Orange County Signature Comm.Expires Jan 5,201 ` (Seal) 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s 'nate,constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful age - ac ke,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed- s 'and the execution of such bonds or undertakings in pursuance of these pr in ' pany,as fully and amply,to all intents and purposes,as if they had been ac wd gularly elected officers of the Company at its office in Baltimore,Md.,inp rs a attorney revokes that issued on behalf of Jeri APODACA,dated 7, The said Assistant hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND •O O W T By: T. E. Smith Assistant Secretary Paul C Rogers Vice President State of Marylandl ss: City of Baltimore f On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. "AA- W�,T Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of G4A � 1 On before me, AAowcuz mal:,+r (om Date Name and Title of Officer(e. Jane Doe.Notary Public") personally appeared 3V_AA-N ��tN 2— t2t4— S ��W^) Nam As)of Signer(s) � ,J 4k: O personally known to me i proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)4slare subscribed MARCIE MARTM to the within instrument and acknowledged to me that aCorrnnla1on#t 1614317 hE>`shte/they executed the same in hisHier/their Noi Public-California authorized capacity(ies), and that by .h+sfher/their Contra costa County signature(s) on the instrument the person(s), or the w Comm.Expires Oct 18,2009 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of No ry 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—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited General IM"M11001 ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact • Top of thumb here ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827 1299 Newell Hill Place,Ste.301 JOHN W NICOL Phone: (925)934-7140 Walnut Creek,CA 94596-5220 & ASSOCIATES, INC. Fax: (925) 934-7143 Landscape Architects Bonding Project Name: Windemere-Subdivision 9144 Village 49 Estimate Location: San Ramon,California Name of Client: Windemere B.L.C.Land Company,LLC Date of Estimate: Auest 17,2006 Item Quantity I Unit I Item Description I Unit Price I Extensions A. SUBDIVISION 9144-VILLAGE 49 CSA MAINTAINED LANDSCAPE 1 29,434 SF Irrigation system(coverage) 2.75 80,943.50 2 1 EA Irrigation system(controller/remote controls) ,5-0-0--w 9,500.0 3 1 EA Irrigation systemsten 22, 22,000.0 4 1 EA Electric meter pedestal&connection to controller 6,000.00 6,000.00 5 29,43TF Lan a n soi aration 0.30 8,83UM. 6 168 EA JRoot barriers or trees in curb strips40LF 7 280.00 47,040.00 7 12 EA Root barriersor trees m front yar -20 F 7 ) 140.00 1,680.00 8 174EA Au er treewe s or trees to areas 10.00 1,740.0 9 190 A 15 a on trees 9 . 0 17,10 . 10 2,5 66 S -9hrub& oun cover 1.10 2,82 .60 11 Sodded , IT– 2,566 SF Bar c 25 1.50 13 29,434 SF 365 day maintenance st-acceptance) 0.181 5,298.12 14 1 12 EA Extended maintenance(for street trees in front yards) 22.00 264.00 Subtotal: $219,980.72 10% contingency: $21,998.07 Total trounded to the nearest hundred): $242,000.00 Notes: ' 1.Street trees within the front yards will be irrigated off each homeowner's individual irrigation system.Any necessary estimates for the balance of the front yard landscaping,including the irrigation system,shall be submitted with the front yard landscape plans. 2.Quantity of augered treewells includes all trees in curb strips and half of those in the front yards. 3.Concrete mowbands have been included in the RAI 175 estimate. pSCAPF R. 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