HomeMy WebLinkAboutMINUTES - 04082008 - C.7 TO: BOARD OF SUPERVISORS Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR �' s
oil
:s Costa
DATE: April 8, 2008 °� �v` County
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Park Acceptance 05-00025
(cross-reference Subdivision 05-08957), San Ramon (Dougherty Valley) area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/22 9 for Park Acceptance 05-00025 (cross-reference Subdivision 05-08957),
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:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
/APPROVE OTHER
r
SIGNATURE S
ACTION OF BD ON APPROVED AS RECOMMENDED OTHER
V0 OF SUP VISORS
UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
date shown.
BB:vz
G:\EngSvc\BO\2008\04-08\BO-16 PA 05-0025.docx
Originator: Public Works(ES) ATTESTED: 04/o O
Contact: T.Rie(313-2363) JOHN CULLEN, Clerk of t e Board of
cc: Public Works- Construction
Current Planning,Community Development
T—February 8,2010(PI) Supervisors and County Administrator
Chris Low,City of San Ramon
2222 Camino Ramon,San Ramon,CA 94583 \
Windemere BLC Land Company,LLC
6121 Bollinger Canyon Road
San Ramon,CA 94583 BY , Deputy
Attn:Brian Olin
Arch Insurance Company
135 N.Los Robles Avenue,#825
Pasadena,CA 91101
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/Z Z y
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Park
Acceptance 05-00025 (cross-reference Subdivision 05-08957, San Ramon
(Dougherty Valley) area. (District III)
These improvements are approximately located near Windemere Parkway.
The following document was presented for Board approval this date for Park Acceptance
05-00025 (cross-reference Subdivision 05-08957), 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: $11,800.00
Deposit made by: Windemere BLC land Company, LLC
Auditor's Deposit Permit No. and Date: 499765 March 20, 2008
BB:vz I hereby certify that this is a true and correct copy of an
Originator: Public
0 Works
(O-16 PA OS 0025.docx action taken and entered on the minutes of the Board of
Originator: Public Works(GS)
Contact: T.Rie(313-2363) Supervisors on the date shown.
cc: Public Works- Construction
Current Planning,Community Development
T—February 8,2010(P1) ATTESTED: d)LP/0K/0
Chris Low,CitySan Ramon
2222 CaminonoRamon,San Ramon,CA 94583 I�
JOHN CULLEN Clerk of the Board of Supervisors and
Windemere BLC Land Company,LLC County Administrator
6121 Bollinger Canyon Road
San Ramon,CA 94583
Attn:Brian Olin
Arch Insurance Company
135 N.Los Robles Avenue,#825 By , Deputy
Pasadena,CA 91101
RESOLUTION N0.2008/ 2 Z J
SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Park
Acceptance 05-00025 (cross-reference Subdivision 05-08957), San Ramon
(Dougherty Valley) area. (District III)
DATE: April 8, 2008
PAGE: 2
II. Surety Bond
Bond Company: Arch Insurance Company
Bond Number and Date: SU 5024608 February 13, 2008
Performance Amount: $1,172,700.00
Labor& Materials Amount: $592,250.00
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: PA 05-00025 (x-ref SUB 05-08957)
Bond No.: SU5024608
Premium: $14,659.00/2 yrs.
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGirf OF WAY LANDSCAPE AGREEMENT
(Performance,Guarantee, and Payment)
(California Government Code Sections 66462 and 66463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in PA 05-00025(x-ref
SUB 05-08957) as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete
said work within the time specified for completion in the Subdivision Agreement (Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: Windemere BLC Land Company,LLC ,as Principal,
and Arch Insurance Company ,a corporation organized existing under
the laws of the State of Missouri , and authorized to transact surety
business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators,successors,and assibnrs to the County of Contra Costa,California to pav it:
A. Performance and Guarantee: One Million One Hundred.SeventyTwo wo Thousand Seven Hundred
and 00/100 Dollars($ 1.172,700.00 _)for itselfor any cityassignee under the above
County Subdivision Agreement,plus
B. Payment: Five Hundred Ninety Two_Thousand.Two Hundred Fifty and 00/100
Dollars($ 592,250.00 )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 assns,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.
Bond No. SU5024608
Phase 5C, PA 05-00025 (X-ref SD 05-08957) aka Six Pillars Park
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
By: . ��_'
Brian G. Olin, Vice-President
By:
David Geist, Authorized Agent
................................................................................................................................................ ................
>;:
<3:
CALIFORNIA ALL—PURPOSE is
CERTIFICATE OF ACKNOWLEDGMENT-
State of California
County of Orange `-
On 2/13/08 before me, K. Luu, Notary Public i
(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(it)whose name(a)is/ subscribed to
the within instrument and acknowledged to me that he/she/AW executed the same in his/her/tbeiK authorized
capacity0o, and that by W/her/tom signature(s) on the instrument the person(g), 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.
K. Luu
Commisalon # 1778641
WITNESS m hand and official seal. _ ,.m Notary Public -California
Orange County
My comm.r.!q: a Nov 6,2011
Signature of Notary Public (Notary Seel)
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(i.e. 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.
• Slate 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 hisor 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 CLAIMED BY TIS SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
El IndlVldllal(S) he/sheldw)—is/are)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 scat impression smudges,re-seal if a
(Title) sufficient arca permits,otherwise complete a different acknowledgment form.
El Pariner(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
......................................................... ..................................................................................................................................................................................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of CALIFORNIA
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
#e4he/they executed the same in #isther-/their authorized capacity(ies), and that by #is(heF/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
CommI33lon #t 1715843
Notary Public -California
WITNESS my hand and official seal. Contra Costa County
Carat J n 12,2011
(Signature of Notary P blic) 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, PA 05-00025(X-ref Sub 05-08957)Windemere Six Pillars Park
Bond#SU5024608
Document Date: 2/13/08(Bond Signed) Number of Pages: 8
Signer(s)Other Than Named Above: Jeri Apodaca, Attorney-In-Fact
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
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 C MlsSAI
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.
COUNTY OF.CONTRA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER. 1.
MARTINEZ,CALIFORNIA .r
I.
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER,.. 650
DESCRIPTION FUND/OR ';SUB' TASK OPTION ACTIVITY AMOUNT
ACCT .
5. .
Sales Tax 100300 0637 : 24.91
Sale of Prints .004530: 9931 REV 6G0085 79.4.5
Sale of Prints 6A0026 20'1.65
Sale of Plans & Specs 004500. 6A0196 20.70
Premium Billing 00065.1. 9105 1040026 1;328400: '.
Utility Invoices 6LO82E 5,3'13.32
RA 01-01124 Improv Agmt Ext 9.060 6LO76B 500:00•
i
Sale of Surplus Property 004660 9921 6X4258 23;000.00
RE 07 00001 BA 34377 000651- 9660. 16LOBIF 186.30:
SD 06 09161 BA 34094 6L0033 1,975:.59.
003.520 5B0033 3,965:67
TP 07 00049 BA 35965 5B052B 480.01
TP 07 00057 BA 36094 5B051X 1,263.28
FS 06 00067 BA 32563 000.651 6L83CR 697.31
FS 06 00081 BA 34127 6L83PV 155:06 .
LP 05-62019 BA 29377 003520 580029 59.16
Explanation: TOTAL: $
Acctng: G1234374-81234421 DEPOSIT 306,857.93
Eng Svcs:G1233388=G1233408-voids G1233391=G1233393&G1233402 Deposit consists of the following items
Records:G1232626-G1232616 COIN and CURRENCY 5 73.67
invoices:913393,913412,913394,:913370,913405;913406;913408,913410 CHECKS;M.O.,ETC. $ 306,784.26
913411,913375,913376,913346,913349,913337,BA'S 34377, 34094,.35965 BANK.DEPOSITS S
36094,3 563,3412 ,2937 ;2768 , 49 35 ,35089;359 6, §22,35599,24794 FOR.AUDITOR-CONTROLLER.USE ONLY
34620, 35935,15919,.34619, 34273,30756,9649,36208,24894;31725,35875 DEPOSIT �^
21486,23383,31947;33351,950 0,95 ,637, PERMIT DP 14 9 7!�
NUMBER
DATE I
ASSIGNED C
The amount of monoy described above Is for Treasurer`s recoipt.of above amount is Receipt of above amount Is horeby acknowledged.
deposit into the County Treasury
Signed: Date—1 r
I
Signed: Signed:
Title,Acct.Clk.Adv EXT. 3-2344 Doputy County Auditor Deputy Comely Treasurer
D-34 Rev.(7-93)
COUNTY OF CONTRA.COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,:CALIFORNIA
TO THE TREASURER:
RECEIVED FROM `=
PUbIIC Works ORGANIZATION NUMBER 690
t
i
DESCRIPTION FUNDIORG SUB TASK. OPTION ACTIVITY AMOUNT
ACCT. .:
LP 04-02073' 13A 27685 003520: 9660. REV 58060A.. 20;00
ZI 0711942. BA 35497 5B060
C .
263:.4.5.: .
:
LP 07-02030 BA35089 .93
. 580029
455 .
LP 07 02072 BA 35976 580026
166.25 .
LP 07 02059 BA 35622 5B027B .
25.7:67
DP 07 03065 BA 35529. 58036X
13.25
i
TP 03 00023.. BA 24794 5B051D.
142:59'
ED 07 00402 BA 34620 000651 6L0846. 30537'
I
ZI 071205.0. BA 35935 003520 5B06.00.. 341.28
I
EF 99 00640 BA 15919 0.00651. 6L083A 4106.1.89
EF 07 00611 BA 34619
13:33;
6L083B. 640.43,.
FS 07 00084 BA 34273 . 6L:83PP.
.186.00 I
EF 05 00622 BA 30756 6L083A 5;394.22
RA 06 01215 BA 9649 6LO86H 2,299.81.
VR 07 01082 BA 36208 .003520 5B044X 379;55.
Explanation: TOTAL g
DEPOSIT.
DePoslt consists of the following items:
COIN and CURRENCY $ .
CHECKS,M.O.;ETC. $
BANK DEPOSITS $
FOR-AUDITOR-CONTROLLER USE ONLY.
DEPOSIT L� f�
PERMIT DP / ..
NUMBER
DATE �� t
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowlodgod.
deposit Into the County.Treasury
Date'—: '�1 �? i �;';.;r' f !
_
9 Signed:
Signed: ��--� --- _- -
! �
Title:Acct.Clk.Adv. EXT. 3-2344 Deputy County Auditor Depuly County.Treasurer
D-34 Rev.(7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT:
OFFICE OF COUNTY AUDITOR-CONTROLLER 'l':.
MARTINEZ,CALIFORNIA-
TO
ALIFORNIATO THE TREASURER: "-
RECEIVED FROM
Publ➢c WOrkS ORGANIZATION NUMBER .. 650
DESCRIPTION FUND/ORG SUB. TASK OPTIO ACTIVITY AMOUNT
:ACCT I
$
5R 413A-08-T20 007.862 ;91.05 REV 6X4409 16:0.0
Reimb-Kitchen,M 004504. 2303 . 904SAS 129,00
SD 05 08950 BA 9649 000651 9660 6L0072 4,464136. . .'
MS 03.00021 BA 24894 6L0034 100:00;
EF 06 0,0603 BA 39725. 6L083A 498.08
Inv 913085 Stormwater Utility 0.07533 2479 SAS 6X7999 23,396.:,87•
DP. 07 03076 Bio 35875. 000651 9660 REV 6L001.6 187:00...
003520 5800:1.5 616:62,
DP 02 -03045 BA21486 0006511. 6L080A 77.19
SD 03 08720 BA 23383. 6L0072 848.3.4
I
FS 06 00063 BA 31947 6L83PV
6L 72RP 1.,310:67
EL 06 21645 Bio 33351 6L081F' 721:31
6L082D. 91789.12
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. $
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 Receipt of above amount is hereby acknowledged..
deposit into the County Treasury
i
Signed: t . ...Date=/=/
Signed: ' Signed:)
Title*Acct.Clk.Adv EXT.3-2344 Deputy.county Auditor Doputy County Treasurer
D-34 Rev.(7-93)
COUNTY OF CONTRA COSTA.
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR CONTROLLER
MARTINEZ,CALIFORNIA 1,
TO THE TREASURER: /
RECEIVED FROM
PUI?IiC Works ORGANIZATION NUMBER '. ..650
I
DESCRIPTION FUND)ORG SUB TASK .. OPTION ACTIVITY AMOUNT
ACCT:
SD 87 06844 Impr Agmt Ext 000651: 9660 REV; 6.1.076B 250:00
Trust Fund 000649' 9065 . 175,700:00
1
V 810800. 0800 ;: 22;900.00 .. j
I
i
I
Explanation: TOTAL $
DEPOSIT
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 Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed: Date_
f .t.
Signed: Signed: I
Title:Acct.Clk.'Adv EXT. 3-2344 Deputy County Auditor Deputy,CountyTreasurer
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: G1233390, $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: 61233397, $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: G1233398, $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, F5-08-93, Mark III
Developers, 5101 Florin Perkins Rd., Sacramento, CA 95826
0649-9665 / 112300: G1233405, $3,000.00, FS-08 00094, Fee for
Service, Sprint, PO Box 63670, Phoenix, AZ 85082-3670
0649-9665 / 112300: G1233407, $1,100.00, LAFCO Map & Legal
Description Review, R Bruce Ballentine, 1109 N. Thompson Rd., Lafayette, CA
94549
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code §66462 and §66463)
Subdivision: PA 05-00025 (x-ref SUB 05-08957) Effective Date:
v�
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
o;q limited liability company,its Managing Member
ublic orks Director By:LENNAR HOMES OF CALIFORNIA,INC.,
a California corporation, its Managing Member
&ROMLMENDED
FOR APPROVAL: Brian G.Olin,Vice-President
By: Q0 , ,A a
Engineering Services Division
David Geist,Authorized Agent
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 FS 8 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: $ 11,800.00 cash, plus additional security, in the amount of$ 1.172.700.00
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 underthis Agreement and maintenance of the work for one yearafter its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Pavment: Security in the amount of$ 592.250.00 _,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.
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) Ware 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
Commission# 1715043
Notary Public -California
WITNESS my hand and official seal. Contra Costa County
-i
Cflrnr 1 2011
G-,
(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),
PA 05-00025(X-ref Sub 05-08957)Windemere Six Pillars Park
Document Date: 2/13/08 (Bond Signed) Number of Pages: 5
Signer(s)Other Than Named Above: None
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