HomeMy WebLinkAboutMINUTES - 04082008 - C.13 SE•.` Contra
TO: BOARD OF SUPERVISORS , ==' ;
.: - '•
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR
Costa
DATE: April 8, 2008 County
sr�•coiiK`
SUBJECT: Approve Subdivision Agreement(Right-of-Way Landscaping) for Road Acceptance 05-01199
(cross-reference Subdivision 03-08508), San Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/,�*3' for Road Acceptance 05-01199 (cross-reference Subdivision 03-08508),
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):
The Subdivision Agreement (Right-of-Way Landscaping) has 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-Way Landscaping)will not be approved.
Continued on Attachment: —"" SIGNATURE: Ve
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BVIPs
D ON APPROVED AS RECOMMENDED OTHER
VOTE
OF SUP0RS I hereby certify that this is a true and correct
UNANIMOUS(ABSENT ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
BB:vz
G:\EngSvc\BO\2008\04-08\BO-16 RA 05-1199.docx
Originator: Public Works(ES) ATTESTED: O O
Contact: T.Rie(313-2363) JOHN CULLEN, Clerk of e Board of
cc: Public Works- Construction
Current Planning,Community Development Supervisors and County Administrator
T—February 8,2010(P 1)
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road By , Deputy
San Ramon,CA 94583
Attn:Brian Olin
<�i.3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 8, 2008 by the following vote:
"AYES:Gioia,Uilkema,Piepho,-Bonilla and-Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/q*3 5-"
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 05-01199 (cross-reference Subdivision 03-08508), San Ramon
(Dougherty Valley) area. (District III)
These improvements are approximately located along East Branch Alamo Creek and
Phase 3 Subdivisions of Windemere.
The following document was presented for Board approval this date for Road Acceptance
05-01199 (cross-reference Subdivision 03-08508), 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: $5,400.00
Deposit made by: Windemere BLC Land Company, LLC
Auditor's Deposit Permit No. and Date: 499765 March 20, 2008
I hereby certify that this is a true and correct copy of an
G:\EngSvc\BO\2008\04-08\BO-16 RA OS-1 199.docx action taken and entered on the minutes of the Board of
:\Gn
Originator: Public Works(ES) Supervisors on the date shown.
Contact: T.Ric(313-2363)
cc: Public Works- Construction ATTESTED: O Loan
Current Planning,Community Development
T—February 8,2010(PI) JOHN CULL ler of the Board of Supervisors and
Chris Low,City of San Ramon Count Ad tnistrat r t
2222 Camino Ramon,San Ramon,CA 94583
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road By ,Deputy
San Ramon,CA 94583
Attn:Brian Olin
RESOLUTION NO.2008/
G�3
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road
Acceptance 05-01199 (cross-reference Subdivision 03-08508), being developed
by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area.
(District III)
DATE: April 8, 2008
PACE: 2
II. Surety Bond
Bond Company: Arch Insurance Company
Bond Number and Date: SU 5024606 February 13, 2008
Performance Amount: $529,700.00
Labor&Materials Amount: $267,550.00
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.
"Executed In Duplicate"
Subdivision: RA 05-01199(x-ref SUB 03-08508)
Bond No.: SU5024606
Premium: $6,621.00/2 yrs.
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance,Guarantee,and Payment)
(California Government Code Sections 66462 and 6(463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in RA 05-01199(-ref
SUB 03-08508) as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete
said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
Z. OBLIGATION: Windemere BLC Land Company, LLC ,as Principal,
and Arch Insurance Company a corporation organized existing under
the laws of the State of Missouri.__ and authorized to transact surety
business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors,and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Five Hundred Twenty Nine Thousand Seven Hundred and 00/100
Dollars($ 529,700.00 )for itself or any city assignee under the above County Subdivision
Agreement, plus
B. Payment: Two Hundred Sixly Seven Thousand Five Hundred Fifty and 00/100
Dollars($ 267,550.00 ) 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 hannless 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.
Bond No. SU5024606
Phase 3, RA 05-01199 (X-ref SD 03-08508) aka Trail & Slope
Subdivision Agreement (Right-of-Way 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 r
By:
G
Brian G. Olin, Vice-President
By:
David Geist, Authorized Agent
.................................................................................... .......................................................... . ..........
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On 2/13/08 before me, K. Luu, Notary Public
(Here insert name and title of the officer)
personally appeared Jeri Apodaca
who proved to me on the basis of satisfactory evidence to be the person(,st) whose name(a) is/w subscribed to
the within instrument and acknowledged to me that lza/she/tom executed the same in his/her/their,authorized
capacity(�o), and that by W/her/*6r signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(a)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
K. LUU
Commission # 1778641
WITNESS my hand d official seal. _ -m Notary Public -California Z
Orange County
My Comm.F)cFtres Nov 6,2011
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California(Le. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefullyfor proper notarial wording and attach this form ifrequired.
• State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIIVIED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
L1 Individual(S) he/she/Hrey.is lore)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient arca permits,otherwise complete a different acknowledgment form.
El Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
Attorney-in-Fact Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CFO,CFO,Secretary).
• Securely attach this document to the signed document
................... ..........................----------.........................................................................................................---...................................................................:....:.:...:... .:..>::.:.
e,43
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA l
)}
County of CONTRA COSTA ss.
On February 19, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
Brian G. Olin and David Geist, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her-their
signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CATHERINE M. TAYLOR
1Commission #E 1715843
-w: Notary Public -California
WITNESS my hand and official seal. Contra costa county
Corms.Wmian 12.2011
(Signature of Notary Public) Place Notary Seal Above
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: CCC Improvement Security Bond for Public Right-Of-Way
Landscape Agreement, RA 05-01199(X-ref Sub 03-08508) Phase 3 Trail &Slope,
Bond#SU5024606
Document Date: 2/13/08 (Bond Signed) Number of Pages: 5
Signer(s)Other Than Named Above: Jeri Apodaca, Attorney-In-Fact
Capacity(les) Claimed by Signer
Signer's Name: See below
❑ Individual •
® Corporate Officer—Title(s): Brian G. Olin,Vice-President Top of thumb here
David Geist, Authorized Agent
❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint
Rhonda C.Abel,Jeri Apodaca,Jane Kepner,Nanette Myers,Mike Parizino,James A.Schaller, Rachelle Rheault,and Linda
Enright of Irvine,CA(EACH)
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City,,,(VJjsSp�G
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the.Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOML0013 00 03 03
Page 1 of 2 Printed In U.S.A.
C,13
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
,1.
OFFICE OF COUNTY AUDITOR-CONTROLLER:
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM1
Pul)IIC Works ORGANIZATION NUMBER 650
DESCRIPTION FUND/OR . SU8 TASK
OPTION
ACTIVITY AMOUNT
ACCT .. I
i
Sales Tax 100306' 0637 s 24:91
Sale of Prints .004530 ,9 31REV 6GO085 794$
Sale of Prints 6AO026, 201.65
Sale of Plans & Specs 004500 6140196. 20.70
Premium Billing. 000651. 9105 6A0026 1.,32.8;00
Utility Invoices 6LO82E 5313.32
RA 01-01124. Improv Agmt Ext 9660 : 6L 0.768 500.00
Sale of Surplus.Property004660. 9921 6X425823,000.00:
RE 07 00001 BA 34377 000651 9660 6L081.F 186.30.
SD 06 09161 BA 34094 6L0033 1,9.75.59. ..
b 003520 5.80033 37965:67
TP 07 00049 BA 35965 5BD52B 480.01
TP 07 00057 BA 36094 1 513051X 1,263'.28.
FS 06 00067 BA 32563 . 0.00651. 6L83CR 697.31
FS 06 00081 BA 34127 6L83PV 155:06
LP 05-02019 BA 29377 003520 5B0029 59.16
Explanation: TOTAL., $
Acctng: G1234374-g1234421 DEPOSIT 306.,857.93
Eng Svcs: G1233388-G1233408 voids G1233391-G1233393 &G1233402 Deposit consists of the following.items
Records:G1232626-G1232636 colN and CURRENCY $ 73:67
Invoices:913393,913412,913394,913370,913405;913406;913408,913410 CHECKS,M.O.,ETC. $ 306,784.26
913411,913375,913376.,913346,913349,.91333.7,BA'S 34377, 34094,35965 BANK DEPOSITS
$
36094, 32563,34127,29377,27§85,35497i35089,35976,35622 35529,24 94 FOR AUDITOR=CONTROLLER USE ONLY
34620, 35935,15919,34619;34273,30756,9649,36208,24894,31725,35875 DEPOSIT C C. ~�
-21486,23383,31947,33351,950640,950037, PERMIT DP t4 I /
7615
NUMBER i'J.
DATE J /
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
5ignod: .Date_J_!� ..•f;". f�r� '�"'--•-
�: r
Signed: Signed:
Title:Acct.CIL Adv EXT.3-2344 Deputy County Auditor Dopuly County Trgxsuror �
D-34 Rev.(7-93)
i
G°i3
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER.
MARTINEZ,-CALIFORNIA .f'
TO THE TREASURER:
"RECEIVED FROM
pt.Iblic.V110CkS ORGANIZATION NUMBER . 65.0
t
DESCRIPTION FUND/OR "SUB TASK•. PT ACTIVITY AMOUNT
ACCT
LP 04-02073 'BA 27685 003520 9660. REV.. 5P060A zo,00:
ZI 0711942. BA 35497 ." 5130600 20145
LP 07-02030 BA35089. 580029 455:93
LP 07 02072;.BA 35976. 580026. T6625
s
LP 07 02059. BA 35622 5B027B 257:67
I
DP 07 03065,BA 35529. 5R036X" 13.25.
- I
TP 03 00023 BA 24794 5B05ID. 142.59. '
i
ED 07 00402 BA 34620 000651 6,LO84B 305.37
2107 12050. BA 35935 003520. 56060C. 341.28
EF 99 00640 BA 15919 000651. . 6L083A 41061.89
EF 07 00611 BA 34619 13:33.
61-0836' 646.43. .
FS 07 00084 BA 34273 OL83PP, 186.00.
EF 05 00622 BA 30756 6,L083A 5}394.22
RA 96 01215 BA 9649 6�085H 2,299.81: .
VR 07 01082 Bio 36208 003520 58044X 379,55
Explanation: TOTAL. $
DEPOSIT "
Deposit consists of the following items
COIN and CURRENCY $
i
CHECKS;M.O.;ETC. $
s
i
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY_
DEPOSIT . f
PERMIT DP
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 bounty Treasury
Sipltod•:,. . Date
Signed: N Signed; '
Title,Acct.Clk.Adv EXT. 3-2344 Deputy County Auditor Deputy County Treasurer
D-34 Rev.(7-93)
G'.13
COUNTYQF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER:
MARTINEZ,CALIFORNIA
TO THE TREASURER: !
RECEIVED FROM
Public Works ORGANIZATION NUMBER. 650
DESCRIPTION FUND/OR . SUB TASK OPTION. ACTIVITY AMOUNT
ACCT i
SR 4BA-08-T20 007862. ,9.105. REV 6X4409 16400
Reimb.Kitchen, M 004504 2303 904SAS 129.00
SD 05 08950 BA 9649. 000.651. 9666 6.1-0072 4,464:36
MS 03 00021 BA 24894 61-0034
EF 06 00603 BA 31725 6L083A: 498.08:
Inv 913085 Stormwater Utility 0.07533 :2479 SAS 6X7999 23,396:87
DP 07 03076 BA 35875. 000651 9660. REV .. 610016 187.00..
003520 5B0015. 6.16.62
DP 02 -03045 BA21486 000.651 6LO80A 77:1:9
SD.03 08720 BA 23383 61-.0072 848.34,
FS 06 00063 BA 31947 6483PV. 2,988:45,
61-72RP . 1,31.0:67
EL 06 21645 BA 33351 61,081F 721'.31.
IF 6L082D 9,789.12 . I
Indeminity 950640 000672 9755 6U5600 589;88
Indeminity 950637 8,083.61
Explanation: TOTAL $
DEPOSIT.
Deposit consists of.the following Items
COIN and CURRENCY $ {;
CHECKS,M.O.,ETC. $
1
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
l
NUMBER
DATE
ASSIGNED
The amount of money described above Is for Treasurer's receipt of above amount is Recelpt of above amount is hereby acknowledged.
deposit into the County Treasury f ;:
1 Signed: Dafe_I_I
Signed: Signed: /�--
Title:Acct.Cik.Adv EXT.3-2344 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
PLIbI1C Works ORGANIZATION NUMBER 650
i
DESCRIPTION FUND/ORG SUB' TASK OPTION ACTIVITY AMOUNT
ACCT
$
SD 87 06844 Impr Agmt Ext 000651' .9660 REV OL076B 250;00
I
Trust Fund 000649 9665 :. 175,700.00'
�. 819800 0800 221900.:00
I
T.
i
Explanation: TOTAL $
DEPOSIT:
Deposit consists of the following Items
COIN and CURRENCY $
i
CHECKS,.M.O:,ETC. $
i
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DIP
NUMBER
DATE,
ASSIGNED
The amount of money described above is for Treasurer's receipt of abovo amount is Receipt of above amount is hereby acknowledged.
deposit into tho County Treasury
Signed: Date'
Signed: c Signed: I
Title:Acct.Clk.Adv EXT. 3-2344 Deputy counly.AuaiWr Depufy.ccuiity Trea. .or'
D-34 Rev:(7.93)
819800-0800: G1233388, $11,800.00, PA 05-00025, Cash Bond,
Windemere BLC Land Company, LLC 6121 Bollinger Canyon Rd., Suite 500,
San Ramon, CA 94583
819800-0800: 61233390/ $4,700.00, PA 05-00027, Cash Bond, Windemere
BLC Land Company, LLC 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1233390, $5,400.00, RA..05-01199; Cash Bond, Windemere
BLC Land Company, LLC 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
819800-0800: G1233397, $1,000.00, RA 06-01231, Cash Bond, Windemere
BLC Land Company, LLC 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA
94583
0649-9665 / 112300: G1233389, $80,000.00, PA 05-00025, Landscape
Improvement Inspection, Windemere BLC Land Company, LLC 6121 Bollinger
Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1233394, $38,300.00, PA 05-00027, Landscape
Improvement Inspection, Windemere BLC Land Company, LLC 6121 Bollinger
Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: 61233396, $43,300.00, RA 05-01199, Landscape
Improvement Inspection, Windemere BLC Land Company, LLC 6121 Bollinger
Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: 61233398, $5,000.00, RA 06-01231, Landscape
Improvement Inspection, Windemere BLC Land Company, LLC 6121 Bollinger
Canyon Rd., Suite 500, San Ramon, CA 94583
0649-9665 / 112300: G1233401, $5,000.00, FS-08-93, Mark III
Developers, 5101 Florin Perkins Rd., Sacramento, CA 95826
064.9-9665 ! 112300: G1233405, $3,000.00, FS-08 00094, Fee for
Service, Sprint, PO Box 63670, Phoenix, AZ 85082-3670
0649-9665 J 112300: G1233407, $1,100.00, LAFC4 Map & Legal
Description Review, R Bruce Ballentine, 1109 N. Thompson Rd., Lafayette, CA
94549
a
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and §66463) Q
Subdivision: RA 05-01199 (x-ref SUB 03-08508) Effective Date: ZlI0 0
Subdivider: Windemere BLC Land Company, LLC Completion Period: 2 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY,LLC
CONTRA COSTA COUNTY SUBDIVIDER; A California limited liability company
By:LEN-OBS WINDEMERE,LLC, a Delaware
Uwe limited liability company,its Managing Member
ub is Works Director By:LENNAR HOMES OF CALIFORNIA,INC.,
a California corporation, its Managing Member
rOMMENDED FOR APPROVAL: Brian G.Olin,Vice-President
By: David Geist,Authorized Agent
Engineering Services Division
FORM APPROVED: Victor J. Westrnan, 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"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: $ 5.400.00 wcash, plus additional security, in the amount of$ 529.700.00
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 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$ 267.550_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 may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
r 4
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA l
)}
County of CONTRA COSTA ss.
On February 19, 2008 before me, Catherine M. Taylor, Notary Public, personally appeared
Brian G. Olin and David Geist, who 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/he their authorized capacity(ies), and that by h4s/4er4their
signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CATHERINE M. TAYLOR
Commission # 1715843 IL
WITNESS my hand and official seal. Notary Public -CaliforniaContra Costa County
Comm Jan 12,2011
(Signature of Notary Public) Place Notary Seal Above
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: CCC Subdivision Agreement(Right-Of-Way Landscaping),
RA 05-01199(X-ref Sub 03-08508) Phase 3 Trail & Slope
Document Date: 2/13/08 (Bond Signed) Number of Pages: 2
Signer(s)Other Than Named Above: None
Capacity(ies) Claimed by Signer
Signer's Name: See below
❑ Individual •
® Corporate Officer—Title(s): Brian G. Olin,Vice-President To of thumb here
David Geist, Authorized Agent
❑ Partner- ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing: Lennar Homes of California, Inc.
a California corporation