HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-614 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 30, 2004,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
i
ABSTAIN: NONE
RESOLUTION NO. 2004/61:4
SUBJECT: Approval of Road Improvement Agreement for East Branch Parkway at the Middle
School, RA 02-011.37 (cross-reference Subdivision 8509), being developed by
Windemere BLC Land Company, L.L.C., San Ramon (Dougherty 'Walley) area.
(District III)
The following document was presented for Board approval for East Branch Parkway at the
Middle School, road acceptance file RA 02-01137 (cross-reference Subdivision 8509) property
located in the San Ramon(Dougherty Valley) area, Supervisorial District III.
A Road Improvement Agreement with Windemere BLC Land Company,L.L.C.,principal,
whereby said principal agrees to complete all improvements, as required in said road improvement
agreement,within one year from the date of said agreement.Improvements generally consist of road
improvements. .
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator: Public Works(BS) on the date Shown.
Contact: Teri Ric(313-2363)
G:\GmData\PngSvc\BO\2004\l 1-30-04\RA 02-01137 DO-15.doc
LT:rm ATTESTED: NOVEMBER 30, 2004
cc: Public Works-T.Bell,Construction
Current Planning,Community Development JOIN SWEETEN, Clerk of the Board of Supervisors and
T--September 30,2005(PI)
Windemere BLC land Company,L.L.C. County Administrator
3130 Crow Canyon Place,#310
San Ramon,CA 94583
Attu.Brian Olin
Arch Insurance Company
135 N.Los Robles Ave.,#825 By ,Deputy
Pasadena,CA 9I101
Ann:Patricia H.Brelmer
RESOLUTION NO.2004/ 614
•
SUBJECT: Approval of Road Improvement Agreement for East Branch Parkway at the
Middle School, RA 02-01137 (cross-reference Subdivision 8509), being
developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty
Valley) area, (District M)
DATE: November 30, 2004
PAGE: 2
1. Cash Bond
Performance Amount: $16,100.00
Auditor's Deposit Permit No. DP 426052 Date: June 10, 2004
Submitted by: Windemere BLC Land Company, L.L.C.
Taxpayer identification number: 94-329-15-16
H. Surety Bond
Bond Company: Arch Insurance Company
Bond Number and Date: SU5007921 May 21, 2004
Performance Amount: $1,589,900.00
Labor&Materials Amount: $803,000.00
Principal: Windemere BLC Land Company, L.L.C.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/614
r V-'
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QAD IMPR YEMENT ACRB'EM�NT
Developer: Windemere DLC Land Comoanv LLC Effective Date: �+
Development: RA 1137(Cross Itef. SUB$509) Completion Period: 1 year
Road: East Branch Parkway WINDEMERE BLC LAND COMPANY LLC,
a California limited liability Company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC
A Delaware limited liability company
ON COSTA-COUNTY Managing Member
By:Lennar Homes of California,inc.,
Maurice M. Shiu,Public Works Director Managing Member
By: (signature) �
i Vim
Tint name& rte on Larson Vice President
(p }
RECOMMENDED FQR APPROVAL
By; (signature)
Engineering Se ice r i n (print name title)Darleen Carpente Asst.Secretary
FORM APPRQVED: 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 5313.)
i. PARTIES&1?ATE.Effective on the above date,the County of Contra Costa,California,hereinafter calledConn "and the above-mentioned Develotser,
mutually promise and agree as follows concerning this development:
2, IM. PPQVEMENTS. Developer 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 development 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).
Developer shall complete said work and improvements (hereinafter called"work") within the above completion period from date hereof 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 pians and the County Ordinance Code,the stricter requirements shall govern.
3, IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the
County:
A. :mor Perf.,..ante and Guarantee; $ 16.1 0.09 cash,plus additional security,in the amount of$ 1.589.900.00 --
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 Developer 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.
& For Payment: Security in the amount of$, 803.000.00 which is fifty percent(5011o)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. y
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or fumishmg labor or
materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities
may be reduced in accordance with 594-4,406 and S94-4.408 of the Ordinance Code.
4. Q,;ARANTEE AND WARRANTY OF WORK. Developer 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. Developer 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
i
5. PLANT ESTABLISHMENT WORK, Developer 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.
6. IMPROVEMENT PLAN WARRANTY. Developer 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 development, 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,Developer shall make whatever changes are necessary to accomplish the
work as promised.
7. NO WAIVED 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 Developer 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: Developer 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 proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and
attributable to the Developer,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 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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERFORMANCE AND COSTS:If Developer 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 Developer 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.
Developer hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently
completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay
all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work.
11. INICORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development 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 Developer,who shall fulfill all the terms of this agreement
as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof.
(Check applicable section(s))
County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations.
County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete.
Other(requires County Counsel approval
RL:kw
1PWS4iSHARDATA\GrpData�EngSvc\FonnslAG WORMAG-24.doc
Rev.April b,2406
........................_-_
•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
State of California
ss.
County of LKS 5rr.P� c<'
Cn eft vac c + `E before me, c-&j 1.. NSA)' u6
Date ~�NNames and Title of'Bute-(e.g "Janne'1 00 Notary Aublld')
personally appeared i tr ► t�-.ti a .
Z personally known to me
C1 proved to me on the basis of satisfactory
evidence
n to be the person(s) whose name(s).-4s/are
KAREN L. KEENAN subscribed to the within instrument and
Commission# 1378827
mNotary Public - California acknowledged to me that�/they executed
Z the same in Me*ffItheir authorized
Contra Costa County
' My Comm,Expires Oct 7,2006 capacity(ies), and that by ham, rltheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
`t
WITNES�my hand d of€i fol seal.
Signal ai�'etary Public
OPTIONAL
IONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent i
fraudulent removal and reattachment of this farm to another document. j
Description of Attached Document
Title or Type of[document:
Document Crate: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name: x `
W~t IA
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Fj Individual Top of thumn t tra
0 Corporate Officer—Title(s):
(< 11 Partner----0 Limited 0 General
L7 Attorney-in-Pact
d Trustee
i< 0 {guardian or Conservator � >I
r, Cl Other:
Signer is Representing:
C i 608 Nafimal Notary Aasoclat;on•8350 Lan Sato Ave.,P.O.Box 2402-Cha:eworth.CA 91978-2462 www.natiana ar ry.org Prod.No.5907 Reorda,,Cali Taft-Free 1.806-878-6827
DSPC 511 PERMIT j
OFFICE OF COUNTY AUDITOR-CONTROLLP
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM ,r
ORGANIZATION NUMBER
(For Cash Collsdtion Proteduw we County Administnrior's Bulletin 14.5.)
DESCRIPTION FUND/URG. SIA ACCTTASK OPTION ACTIVITY AMOUNT
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EXPLANATION. , TOTAL $
{ p f l '!^- fl t DEPOSIT
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Deposit costs of the following itwm
1,7 COIN tmd CURRENCY S��c�
CHECKS,ARCu,ETC. ;
BANK ISE OSITS $
FOR AIiDITC1R-CONTROLLER USE ONLY
`� DEPOSIT
PERMIT D
NUMBER 421GO52 1
DATE
ASSIGNED
The anu ret of money described above is for Treasurer's receipt of cbare amount is opprove;. Receipt of above amount is hemby
deposit into the County Treosur 4 ad-owladged.#
Si r
TtC (1, 0V EXT31., Deputy fi arty A�xtisgr ve"County Treasurer
t> a Ev t7-vs j ►Its Wl(
DEPOSIT PERMIT '}
CfFiCE OF COUNTY AUDMDR»CONTROLLER
MARTW,CAUFORNLA
TCt THE TREASURER: d' /
RECENED FROM
ORGANIZATION NUMBER
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(for Cash C48*6on Procedures we County Adrrunistsntar's Wle+tin 105.)
DESCRIPTION FUND/ORG, SUE` TASK OPTION ACTIVITY AMOUNT
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EXPLANATION: TOTAL $
DEPOSIT
Det mosts of the folowirg ihm
COIN and CURRENCY $
CHECKS,M-J:,ETC. $
BANK DEPOSIT$ $ - - ---
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
`PERMIT
NUMBER
DATE 6n
ASSIGNED
The amount of money described abaft is for Tmors rw's receipt of above amount is approved Receipt of above amount is(+
d�eposrt into the Cy Treasury.
Date .41
.
Ti '\
Liz EXT:
ty.�Aua3itvx Deputy County Treasurer
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OFFICE OF COUNTY AUDITOR-CONTROLLEEf
f0 THE TREASURER: MARTINEZ,CALIFORNIA i y ,'✓'
RECEIVED FROM
ORGANIZATION NUMBER
ibap�oriimiion� t•
{For Cash Collection Procedures see County Administrator's Bulletin 105.}
€ESCRIPTION FUNDJOlka ACCT TASK OPTION ACTIVITY AMOUNT
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Deposit consists of the following ite ens
CONN and CURRENCY $
CHECKS,M 0,ETC $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
.PERMIT LF c
NUMBER
DATE
ASSIGNED
The amount of money described above is forT pf t�# nt is approved f si t of above amount is hereby
deposit into IIIc County Treasury. =7" atk , '�--•.��,_
�.._.. 1_ ...:.z ; t f.�}• r'c/,� � r` (}Cit@ ?. i' t+ ``-
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T` f i f t County Auditor Steed
j r {f ' 1 t�li EXT. r x` _ Deputy Deputy County Tm�
D-34REY,i7-93}
0649-9665 / 831000. 61139144, $2,306.86, Sr) 7746 Inspection'Deposit,
Leonard J. Steffen, Camino Monte Sol Collection Account, 40 Camino Monte
Sul, Alamo, CA 945017
0649-9665 / 831000: G1139146, $75,800.00, RA 1137, Road Acceptance
Inspection, Windemere BLC Land Company LLC, 31301 Crow Canyon PI #310,
San Ramon, CA 94583
0649-9665 / 831010101: G1139150, $30,000.00, Sub 8509, Major Sud Review,
Windemere RLC Land Company LLC, 3130 Crow Canyon PI #3101, San Ramon,
CA 94583
01649-9665 / 831000. 61139152, $3,600.00, Sub 8682, Map Check Fee,
Shapell Industries of N. Calif, 100 North Milpitas Blvd , Milpitas, California
950? 5
0649-9665 / 83101001: G1139153, $500.00, RS2914, Record of Survey
Deposit, Virgil Chavez Land Surveying, 312 Georgia St. #225, Vallejo, CA
94590?
0649-9665 / 8310)0)01: 61139154, $5001.001, RS2913, Record of Survey
Deposit, Kister, Savio & Rei, Inc., 3095 Richmond Pkwy Suite 214, Richmond,
CA 9480)6
0649-9665 / 831000 61139167, $5,070.00, DA00203, Landscape Plan
Review, Shapell Industries of N. Calif, 100 North Milpitas Blvd , Milpitas,
California 95035
0649-9665 / 8310100= 61139168, $6,418.74, 5D028694, Improvement plan
Check, ICC General Contractors, Inc., 510 S. Mathilda Ave #2, Sunnyvale,
CA 94086
0649-9665 / 831000, 61139173, $ 5,4601,010, RA1164, Road Maintence
Review Plan Check, Windemere BLC Land Company LLC, 3130 Crow Canyon PI
#3101 San Ramon, CA 94583
819800-0800: 61139147, $16.100.003, RA1137, Performance Cash Band,
Windemere BLC Land Company LLC, 8130 Crow Canyon PI #310, San Raman,
CA 94583
0682-9752 1 819200:61139166, $1,025.00, Parker Ave Undergrounding,
Thomas F. Gozzano, 2425 San Pablo Ave, Po Bax 681, Pinole, CA 94564
0648-9140 1 812100: G113937, $5,582.41, BWDA 104 Sub Reg Fees, City
of Brentwood, 708 Third St., Brentwood, CA 94513
0641-9752 / 826000: G1139338, $175.00, Alamo AOB COLA, David Pollino,
131 Via Bonita, Alamo, CA 94507-1837
821500-0800: G1139338, $18.00, COLA SCC Reg, David Polling, 131 Via
Bonita, Alamo, CA 94507-1837
828800-0800. 01139338, $33.00, COLA Tri Valley, David Poll no, 131 Via
Bonita, Alamo, CA 945017-1837
828500.0800; G1139339, $118.0101, COLA ECC AO8, Kathleen Stein, 4248
Lelia Dr., Rio Vista, CA 94571-9714
828500-0800: G1139340, $118.00, COLA ECC Fee, Vincent Heitzmann, 411
Mills Ct. Benicia, Ca 94510
828500-0800: G1139342, $118.00, COLA ECC, Jesse R. Loza, 209 Rolfe
Dr., Pittsburg, CA 94565
828900-08010: G1139339, $4800, COLA ECTIA AOS Kathleen Stein, 4248
Lelia Dr., Rio Vista, CA 94571-9714
828900-0800: G1139340, $48.010, COLA ECTIA Fee, Vincent Heitzmann,
411 Mills Ct. Benicia, Ca 945101
828900-03800. G1139342, $48.00, COLA ECTIA AOB, Jesse R. Loza, 209
Rolfe Dr., Pittsburg, CA 94565
r
0644-9752 / 828100: 61139340, $40.00, COLA Marsh Creek, Jesse R. Loza,
209 Golfe Dr., Pittsburg, CA 34565
0634-9752 / 823400: 01139341, $220.00, COLA leo. Richmond AO8,
Arnulfo Plandon, 359 Jennifer Dr., San Pablo, CA 94806
828600-0800: G1139341, $15.00,COLA- WCC Fee, Arnulfo Plandon, 359
Jennifer Dr., San Pablo, CA 94806
4
0685-9752 / 819500: G1139342, $51.00, COLA Bay Pt. AOS, , Jesse R.
Loza, 209 Rolfe ter., Pittsburg, CA 94565
r
Executed in Duplicate
Bond No.. SU 5007921
Development: RAJ1-37(Cross P,,ef. SUB $509)
Premium: $11,924.00
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGUEMENT
(Performance,Guarantee,and Payment)
(California Government Code §§ 66499 - 66499.10)
I. R.E:CI'rAL of ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along A. 1137„_to complete said work within the time specified for completion
in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
08LIGATION: Win emere B C Land Com anL.L.C. ,asPrincipal and-
nsurance Com an a corporation organized under the laws of the State of
Missouri ,and authorized to Transact surety business in California,as Surety,hereby jointly and
severally bind ourselves'our heirs,executors,administrators,successors and assigns to the County of Contra
Costa, California to pay as follows:
A. Performa nee:fine MiRio-q Fivegun e i ine Thousand Nine Hundred and 00/100 Dollars
(S 1-582,900,00 for itself or any city assignee under the above'County Road
Improvement Agreement,plus
B. Payment: Ei ht Hun ed Three Thousand and 0Qt100 Dollars
($. _ 803M0.00 1 to secure the claims to which reference is made in Title 15 §§ et seq.
of the Civil Code of the Mate of California.
CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if The above bonded Principal,
or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and
abide by and well and truly beep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent 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.
r
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa or city assignee,in successfully enforcing such obligation,all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (23.) 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,labor of
r any kind,or for amounts duce under the Unemployment Insurance Act with respect to such work or
labor and that said undersigned surety will pay the same in an amount not exceeding the amount
herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by
The County of Contra Costa or city assignee,in successfully enforcing such,obligation,to be awarded
and fixed by the court,all to be taxed as costs and to be included 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 of the State of California, so as to give a right of
action to cheers or their assigns in any suit brought upon this band.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise it shall be and remain in full farce and effect.
C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever caked.
4. SIGNED AND SEALED:
The undersigned executed this document on Ma 21, 2004
W NDEMERE BLC L D COMPANY, LLC, a Calif orn a m to a ty company
By: LEN-OBS
WHomes
indemre, LCalia Delaware
limited liability company, managing member
Len
PRINCIPAL: its managing member SURETY. _ARCH INSURANCE COMP
Address:
24800 Chrisanta Drive Address: 135 N. Los Robles Ave. ib825
City:
2ft2t;nt�
City: Pas Jena, CA 9 101
11
By:
By:
PrintName:
DavidEvans Print Name: Patricia H. Brebner
Title: Vice President Title: Attorney-in-Fact
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C L;r�rDatn�gySvcFormatiBry wLiRi)BN•9 as
Q i,v MYY+"-'ZS�Li81f
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On May 24 2004 before me, Dina Printy, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
DAWN 7PROWCommmlNotary PuoranMy Comm.
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 SIGNER IS REPRESENTING:
Corporate Officer—Vine President Lennar Homes of California Inc.
DESCRIPTGN OF ATTACHED DOCUMENT
Type of Document: Surety Bond No. SU 5007921
Number of Pages: Two_j2)
Date of Document: May 21, 2004
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE AG 4OWLEDGMENT No.5907
rw
State of California
County of Grange
On May 21, 2004 before me, Leigh McDonough,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H. Brebner
NAMES)OF SIGNER(S)
personally known to me -OR- [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 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.
L,E{CCt-#MCDONOUGH
commission#1328674 WITNESS my hand and official seal.
Notary P�.ttilic- alitarnie
orange County
MY
C mm,EXP498 Nov 6,2t3{
r
SIGNATURElO NOTARY
t
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
TITtrE(s)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF MAGES
OTHER.
SIGNER IS REPRESENTING. DATE OF DOCUMENT
NAME OF PERSCOMS)OR ENTITY(!ES)
SIGNER($)OTHER THAN NAMED ABOVE
S-40671GEEF 2198 01883 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave..P.O.Box 7184•Canoga Perk,CA 91305.7184
POWER CSP 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,,seri Apodaca,Patricia H. Brebner,Alexis H. Bryan,Jane Kepner, Nanette Myers, Leigh
McDonough,Mike Parizino,James A. Schaller, Rachelle Rheault and Ashley Ward of Irvine, CA(EACH)
Its true and lawful Attorney(s)4n-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 shaft be as;binding upon the said
Company as fully and amply to all Intents and purposes, as if tt a seirne hid°;bi e' d d'UI r,exb&6d and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri. :
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 shalt have the power and authority to appoint agents and attorneys-in-fact,.
and to authorize there to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and
undertakings, recognizences, 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 fscslmile 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, 2063, 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 'I of 2 Printed In U.S.A.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their '
authorized officers,this 1 at day of March 2O O4
Attested and Certified Arch Insurance Company
SUL
,gam
Joseph S. L44,Corporate Secretary Thomas P.Luckstone,Vice President
STATE OF CONNECTICUT SS
COUNTY OF FAIRFIELD SS
1 Melissa B. Gilligan, a Notary Public,do hereby certify that Thomas P.Luckstone and Joseph S. Labell personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed.to the
foregoing Instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly
authorized signed, sealed with the corporate seal and delivered the said Instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
MEi.1S&i4+KIMK No y P*k
Of CwAeclidul
my Co som 28, Mellasa'B-.01111ban,NotaryPublic
My commission expires 2-28-05
CERTIFICATION
1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated_.March 1,2004 on behalf of the person(s)as listed above Is a true and correct copy and that
the s ne has been In full force and effect;Ince the date thereof and Is In full force and effect on the date of this certificate;
and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on
the date of execution of the attached Power of Attorney the duly elected Vice president of the Arch Insurance Company.
IN TESTIMONY WHEREOF, i have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance
Company on this 21st: day of_ May .20_24,
Joseph S il,Corporate Secretary
This.Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the mariner and to the extent herein stated.
00
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Home Office: Kansas City, MO
OOMLOO13 00 03 03
Page 2 of 2 Printed In U.S.A.
ARCH Insurance Company ARCH Surety
'NOTirE — DISCLOSURE or TERRORISM PREMIUM
In accordance with the Terrorism Risk insurance Act of 2002, we are providing this
disclosure notice for bands on which Arch Insurance Company is the surety.
DISCLOSURE OF PREMIUM
The portion of the premium attributable to coverage for terrorist acts certified under the
Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM
LOSSES
The United States will pay ninety percent (90%) of covered terrorism losses exceeding
the'applicable insurer deductible.
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: November 30, 2004
SUBJECT: Ap roval of Road Improvement Agreement for RA 02-01137.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004! 614 for RA 02-01137 (cross-reference Subdivision 8509), approval of Road
Improvement Agreement for East Branch Parkway at the Middle School,being developed by Windemere BLC Land
Company, L.L.C., San Ramon(Dougherty Valley) area. (District III)
t
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
RA 02-01137 has been reviewed and processed by Public Works Staff and meets all applicable conditions of
approval regarding road improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be approved and road improvements will not be complete.
Continued on Attachment: SIGNATURE:
?RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
r
SIGNATURES :
ACTION OF B A ON r APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct
copy of an action taken and entered on the
VOTE OF SUPERVISORS
minutes of the Board of Supervisors on the XX UNANIMOUS(ABSENT NONE date shown.
AYES: NOES.•
ABSENT: ABSTAIN:
ATTESTED: NOVEMBER 30, 2004
G:\GrpDatarEngSvc\HO\2004\It 30-04\RA02-01137Qrder.doc .1�JH SWEETEN, Clerk of the Board of
Orig.Div: Public Works(ES) Supervisors and County Administrator_.
Contact: Teri kit(313-2363)
cc: Public Works- T.$eil,Construction
Current Planning,Com nunity Deveiopment
T—September 30,2005(2 1)
Windenunz BLC Lend Company,L.L.C.
3130 Crow Carryon Place,03 i0 y > Deputy
Ramon,CA 94583 B �---
Attn:Brian iiiin V .�
Arch Insurance ConVany
135 N.Loa Robles Ave.,#825
Pasadena,CA 41101
Attn:Patricia H.Srebner