HomeMy WebLinkAboutMINUTES - 03072007 - C.21 TO: BOARD OF SUPERVISORS :`� �' ``� . Contra
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FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR � Costa C
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4-7
DATE: March 6, 2007County
cou?y
SUBJECT: Approve 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)
SPECIFIC RE(1ULS r(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS'T'IFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2007/ /Q�rfor Subdivision 05-09023, 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):
Subdivision 05-09023 has been reviewed and processed by Public Works staff and meets all applicable
conditions of approval regarding landscape improvements.
(CONSEQUENCES OF NEGATIVE ACTION:
Tiie Subdivision Agreement (Right-of-Way Landscaping) will not be approved.
Continued on Attachment: :./ SIGNATURE:
,RECOMMENDATION OF COUNTY ADMIN R
R�ECOMMENDATION OF BOARD COMMIT'T'EE
I�AI"PROVE THER
SIC NATURN: S :
i
ACTION OF B R ONI�r!" APPROVED AS RECOMMENDED OTHER
VO/� OF SUPERVISORS herebycertify if that this is a true and correct
VO � OFSUPERVISORS ,/�
UNANIMOUS(ABSENT 0��/ ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
I.,l_:vz
,3:\EngSvc\BO\'-)007\03-06\BO-16 SD 05-9023.doc
originator: Public Works(ES) ATTESTED: / &V dOO B
Contact: T.Rie(313-2363)
cc: Public Works- Construction JOHN CULLEN, Clerk of the Board of
Current Planning,Community Development Supervisors and Count Administrator
T-January 6,2005(P 1) P y
Windermere BLC Land Company,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin
Fidelity and Deposit Company of Maryland By , Deputy
401 N.Brand Blvd,Penthouse
Glendale,CA 91203
�a
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 6, 2007 by the following vote:
AYES: Gioia, Uilkem:t, Bonilla,
Glover and Piepho
NOES: None
ABSENT: None
ABSTAIN: None
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)
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 Pen-nit 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\B0\2007\03-06\30-16 SD 05-9023.doc Supervisors on the date shown.
Originator: Public works(ES)
Contact: T.Ric(313-2363)
cc: Public works- Construction ATTESTED:
Current Planning,Community Dcvclopmcnt
T-January 6,20088(P I JOHN CULLEN, Clerk of the Board of Supervisors and
(PI))
Windermere BI-C I-and 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
RESOLUTION NO.2007/ �3�
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.
RI'SOL 1'TION NO. ?00 7// —
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and §66463)
Subdivision: SUB 05-09023 (x-ref SUB 8508) 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 Windcmere,I,I.C,
A Delaware limited liability company
Maurice M. Shiu, Public Works Director By:Lena Member
By:l.cnnar Homes of California,Inc.,
Managing Member
(/ w i �dM
By: (signature)
y .�-
(print name&title)Brian G.Olin,Vice-President
RECOMMENDED FOR APPROVAL:
By. 49-1—
(signature) _
(print name&title)Erik S.Brown,Asst. Secretary
Engineering Services Divisio (p y
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, PARTI ES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"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: $ 2.300.00 cash,plus additional security,in the amount of
$. 227.200.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional
security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work forone year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 114,750.00 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
X 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 maybe reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
1
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road
system.
5. PLANT ESTABLISHMENT WORK. Subdivider 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 determined by the Public Works Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. 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
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAIVER BY 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 Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive
boards,commissions,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, property damage, inverse condemnation, or any combination of
these,and regardless 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),or other proceedings)concerning
said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by
this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them;
D. 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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
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, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in
territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
:kw:lap
G:IEngSvc%6i1lilee1Landscape%SU6 9023\Landscape Improvement Agreemenl.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
''`nfaC'.c��fc3.�.�f�S:':-. ": =, .-. •. r;:s�,�Y�'r;.S:c��Y?�'..�5",EeteSye�'".e�3c�`:,�'�.,c���
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State of California
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County of f' K
On �'""�'/ j6 before me, G� Bf""f'i ' `� ":� 7l�hliG
Date p Name and Title of Officer(e.g.,`Jane Doe.Not44 Public')
personally appeared
Name(s)of Signer(s)
personally known to me
❑ proved to me on the basis of satisfactory :S
f' evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
I'. RtiR1 ELLEN lNStOP acknowledged to me that-iaefshe/they executed �1
Camrdalon i 1670361 the same in -*isfi•rerttheir authorized
�Ccapacity(ies), and that by -hisff�/their c 1
c"courdy
KWcon apkeemcrift.201 signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT S y hand and official seal.
� Signature of Notary P is
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.
i1
Description of Attached Document
Title or Type of Document: "bitU 4 j3& 6 A` Oo
..Y
r Document Date: Number of Pages:
(' Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
t Signer's Name: �1
Cl Individual Top of thumb here
I I Corporate Officer—Title(s):
❑ Partner—❑ Limited G General
❑ Attorney-in-Fact
I 1 Trustee )
I ' C Guardian or Conservator
❑ Other: �s
i Signer Is Representing:
�%G`��Zi`L°.?a''�^i''CG:`�`�." `. '- '- �.._ _. ' - •�'�"�^��`��''E'•i:`�Z>�t,`�.`�`�_'%C:`�t:`�'%C:`:F�4:`ct''r2:`EC'>o:I�
Q 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 913132402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll Free 1-800-876-6827
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
:tETREASURER: x :r
-.EIVED FROM a
Public Works ORGANIZATION NUMBER 650
t rg;,niza wr�
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
$
Sales Tax 100300 0637 3.52
Sale of Prints 004530 9931 REV 6GO085 42.80
Corner Records 000651 9660 1 6LO88D 80.00
Postage Reimb 004500 2103 SAS 999sas 25.01
PA 02-00007 Agmt Ext 000651 9660 REV 16LO76B 250.00
Sub 02-08631 Agmt Ext 250.00
Sub 95-07984 Agmt Ext 250.00
Sub 02-08686 Agmt Ext 250.00
Sub 02-08682 Agmt Ext 250.00
'arker Ave Underground 000662 9752 6R1056 1,000.00
)A02-00012 Ext Agmt 000651 9660 6LO76B 250.00
ZA04-01166 Ext Agmt I 250.00
rust Fund 000649 9665 1 83,958.00
(819800` 0800 '' 9,200.00
000682 9752 I 3,600.00
TOTAL $
cctng: G1202777-131202778 DEPOSIT 99,659.33
Deposit consists of the following items
ecords: G1201860-G1201865 COIN and CURRENCY $ 71.33
ng Svcs: G1201622-G1201650 & G1203001-G1203003 CHECKS,M.O.,ETC. $ 99,588.00
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER - _
DATE _ T-
ASSIGNED
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
Date
Signed: Signed:
EXT. _ c r Doput Count Auditor Deputy count Treasurer
4 Rev. (7-9 �/Z/� 4 �J V J Gr
819800-0800: G1203001, $2,300...00, Sub 05-09023, Cash Bond, Wince_ deme_re 1
t`BLC=Land=Company_,LLC 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1203002, $1,700.00, Sub 05-09022, Cash Bond,
Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500,
San Ramon, CA 94583
ii
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EXECUTED IN DUPLICATE
Subdivision: SUB 05-09023 (x-ref SUB 8508)
Bond No.: 08821791
Premium:$2,272.00/2yrs.
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Goverrunent Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in Subdivision 05-09023
(x-ref SUB 8508)as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete
said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Windernere BLC Land Company, LLC as
Principal, and Fidelity and Deposit Company of Maryland a corporation
organized existing under the laws of the State of Maryland ^,and authorized to
transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs,
executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Two Hundred Twenty Seven Thousand Two.Hundred and 00/100
Dollars ($ 227,200.00 )for itself or any city assignee under the above
County Subdivision Agreement, plus
B. Payment: One Hundred Fourteen Thousand Seven Hundred Fifty and 00/100
Dollars ($ 114,750.00 )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.
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
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
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.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this 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.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to thein or their assigns
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 by the
Principal and the County shall relieve any Surety fi-orn 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 itself bound without regard
to and independently of any action against Principal whenever taken.
SIGNED AND SEALED on July 20th 2006
Windemere BLC Land Company, LLC Fidelity and Deposit Company
PRINCIPAL: see attached signature block SURETY: of Maryland
Address: 6121 Bollinger Canyon Rd. , Ste. 500 Address: 801 N. Brand Blvd. , Penthouse Suite
City: San Ramon, CA Zip: 94583 City: Glendale, CA Zip: 91203____
By: By: _ ----- -
Print Naine: Print Name: ri Apodaca
Title: Title: Attorney-In-Fact
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G:\EngSvc\Billilec\[.�iudscape\S1J13 9023`dandscape Bond Agicemenuloc
Rev.Juiie.17 1999
Bond No. 08821791
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:
Brian G. Olin, Vice-President
By: Gam✓` �')
Erik S. Brown, Asst. Secretary
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
1
State of California
/' ss.
County of
f, On JJ4 Z44 before me,
ate Name and Title of Officerle.g.,"Jane Doe.No y Public
f
personally appeared Bre 6 ��'/�G f•
Name(s)of Signer's) ,ll
impersonally known to me
I ' 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 heAs4e/they executed
the same in 41s,'her/their authorized
capacity(ies), and that by •kristher/their Z
signature(s) on the instrument the person(s), or
f RUTH EUEN=top the entity upon behalf of which the person(s)
_ Con rdsdon* 16Y0361 acted, executed the instrument. �1
f : Notary PubIfc-CaUl
Contra Coda County WITN S ha d id official seal.
My Comm.Ewkw May 26.201 I
Signature of Notary Public
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
/,✓ /,,, ,/� p�-J
Title or Type of Document: V' �-�' 6 r1�/�i �/fl� fi Zf 77
Document Date: Ulm Number of Pages: %5
i
Signer(s) Other Than Named Above: ,�1I
f Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual lop of thumb here
'❑ Corporate Officer—Title(s):
❑ Partner—G Limited ❑General
❑ Attorney-in-Fact
❑ Trustee
[ 1 Guardian or Conservator s
f ❑ Other:
Signer Is Representing:
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?)1999 National Notary Association•9350 De Solo Ave..P.O.Box 2402•Chatsworth.CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On July 20, 2006 before me, J. Barra_uan.Notary Public
DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC'
personally appeared Jeri-Apodaca _
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) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
J. BARRAGAN behalf of which the person(s) acted, executed the instrument.
Commission# 1635125 Z
„® Notary Public-Camornia
Orange County
My Comm.Expires Jan 5,2010 WITNESS m hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
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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/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
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 i 0 nate,constitute and
appoint Jeri APODACA,of Irvine,California, its true and lawful age �' n - - ac " ke,execute,seal and
deliver,for,and on its behalf as surety,and as its act and deed- s dIV ,and the execution of
such bonds or undertakings in pursuance of these�r _v ���, in Pany,as fully and amply,to all
intents and purposes,as if they had bee;Zr
P e�cc -� a �b aularly elected officers of the Company at
its office in Baltimore,Md.,in t pers attorney revokes that issued on behalf of Jeri
APODACA,dated ` X713
The said A ��arvv
ssistanto Watthe extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- a C any,and is now in force.
IN WITNESS WI- 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
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By:
T. E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Maryland l 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.
s �ueuo a r�,fl'1 4
Sandra Lunn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025J
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 20th day of July 2006
Assistant.Secretary
Plan Check Project Name: Windemere- Subdivision 9023
Estimate Location: San Ramon, California
Name of Client: Windemere B.L.C. Land Company,LLC
Date of Estimate: May 23,2006
Item Quantity Unit I Item Description Unit Price Extensions
A. SUBDIVISION 9023-VILLAGE 31 CSA MAINTAINED LANDSCAPE
1 32,209 SF Irrigation system (coverage) 2.75 88,574.75
2 1 EA Irrigation system(controller/remote controls) 9,500.00 9,500.00
3 1 EA Electric meter pedestal&connection to controller 6,000.00 6,000.00
4 1 EA Telephone service to controller 500.00 500.00
5 32,209 SF Landscape grading&soil preparation 0.30 9,662.70
6 159 EA Root barriers (for trees in curb strips-401,17 @ $7/1,F) 280.00 44,520.00
7 44 EA Root barriers (for trees in front yards-20LF @ $7/1-17) 140.00 6,160.00
8 181 EA Augered treewells for trees in turf areas 10.00 1,810.00
9 210 EA 15 gallon trees 90.00 18,900.00
10 23,451 SF Sodded turf 0.60 14,070.60
11 8,758 SF Bark mulch 0.25 2,189.50
12 32,209 SF 365 day maintenance(post-acceptance) 0.18 5,797.62
13 1 441 EA JExtended maintenance (for street trees in front yards) 1 22.001 968.00
Subtotal: $208,653.17
10% contingency: $20,865.32
Total (rounded to the nearest hundred): $229,500.00
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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 200 estimate.
PLAN CHECK FEES:
$5,000+(Total Estimate -$50,000 x 2%) $8,590.00