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HomeMy WebLinkAboutMINUTES - 12032002 - C21-C22 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 732 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8155 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for, SUB 8155 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 one year 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: $1,000.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 391754, August 21, 2002 WL:cw I hereby certify that this is a true and correct copy of an action G:tGrpData\EngSvc1BO12002112-03-021SUB 8155 BO-16.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date shown. Contact: Warren Lai(313-2408) cc: Public Works- T.Bell,Construction ATTESTED:_ DECEMBER 03. 2002 Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County T—September 2003 Administrator Windemere BLC Land Company,LLC 3130 Crow Canyon Place,Suite#310 San Ramon,CA 94583 Attn: B.Olin By ,Deputy St.Paul Fire and Marine Insurance Company 333 City Blvd.West,#1100 Orange,CA 92868 RESOLUTION NO.2002/ 732 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8155 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: December 3, 2002 PAGE: 2 H. Surety Band Bond Company: St. Paul Fire and Marine Insurance Company Bond Dumber and Date: ST 2227, August 14, 2002 Performance Amount: $25,100.00 Labor&Materials Amount: $13,050.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/732 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code §66462 and §66463) Subdivision: SUB 8155 (X-REF SUB 7976) Effective Date: Subdivider: _A.21'7 ` 2 ' 1344C &117 QJ; Z,ZZe Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member BY:Lennar Homes of California,Inc., Maurice M. Shiu, Public Works Director Managing Member By: (signature) (print name&Title on a on,Vice President RECOMMENDED FOR APPROV By: (signature) Engineering Services IVI on (printna Ti e) ynnJochim,Asat.Secretary FORM APPROVED: Victor J.Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider Is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun ,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. IMPROVEMENTSECURITY. 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: $ 1000.00 cash,plus additional security,in the amount of $ 25.100.00 _ 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$ 13.050.00 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. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace, at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents, and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below, and including personal injury,death, property damage,inverse condemnation,or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other 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 Subdivider, contractor,subcontractor,or any officer, agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead, etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision, :kw:lap G:\GrpData\EngSvcTorms\AG WORD\AG-30A.doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of OaIt�nrr)i L County of -P+M Can QUSL 14 6;t before me,-- , ice( a t>tzr 1�' l 1 0 D t®ted ss Name and This of Officer(e.g.,'Jd6 Doe,Notary blie) r personally appeared 6t rr'sCA a#1 J r►n Nams(s) igner(e) : 7-personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that heisWthey executed the DEBRA A.SHE^ D C same in hi~their authorized ca aci tee ,and that b {� inter/their signature(s)on the instrument the person(s), NOTARY PUBLIC-CALIFORNIA lD CONTRA COSTA COUNTY O or the entity upon behalf of which the person(s) acted, COMM.EXP.JULY 16,2005 j executed the instrument. WITNESS my han and official seal. Signature of Notary P OPTIONAL Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual C Corporate Officer ❑ Corporate Officer Title(s): Titie(s): ❑ Partner--❑ Limited ❑General ❑ Partner—❑ Limited ❑General ❑ Attorney-In-Fact ❑l Attorney-in-Fact ❑ Trustee 17 Trustee ❑ Guardian or Conservator 90111BIM ❑ Guardian or Conservator t e Other: Top of thumb here n Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 National NotaryAssociatlan-8236 Rammst Ave.,P.O.Box 7164•Canoga Park,CA 91309.7164 Prod.No.5907 Reorder:Call Toll-Free 1-W0-676.6627 COUNTY OF CONTRA COSTA - <• DEPOSIT PERMIT ,. OFFICE OF COUNTY:Ai1DITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER ` ,p (fit (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/t7Rr a SUL TASK OPTION ACTIVITY AMOUNT CI cr.l Iys ( �'i` ' If 1/9,E T.LA TEA1. �2�) M 3 7 33411 C a ,, i . I I s t I EXPLANATION TOTAL $ t DEPOSIT t)VC5/ 7 _ / Deposit consists of the Frsllcwirig' l (�, f (5,1a99616 -6i b� {' t .G/4 ' "� o f ? COIN and CURRENCY $ LY J CHECKS,M.O.,ET BANK DEPOSIT $ " �_. ., FOR AUDITOR-C T LLER USE ONLY Y _ n j (,3 DirPOSIT PERMIT DP NUMBE DATE 991754 AG ' ASSIGNED The amount of money described above is for Treosur 's receipt of obove ore wet is approved. Receipt of above oma t is hereby deposit into te County .reasury. acknowledged. SignedL.- ,, �.rv-- . .�.�`�✓ ' .Date Signed: Signed: dL fiitle:, EXT. i^ ounty Audi . Deputy County Trapsurw D-34 REV('-93) r J err. tr I 000649-9665 l 813000: 61093880, $114.684.00, RA 1123 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093882, $38.108.00, DA 0009/10 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 / 813000: 61093884, $111,724.00, PA 0001 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: 61093865, $&291.00,100, RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093867, S1 000,00, SUB 8619 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: 61093869, $2,170,00, RA 1133 Road Acceptance Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: 61093871, $1,000,00, SUB 8155 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093872, 1 000.00, SUB 8153 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093875, $1,000,00, SUB 8618 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093877, $2,000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456 Black Avenue, Suite#200, Pleasanton,CA 94566 819800-0800: 61093879, $4,000.00, SUB 8156 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093881, $14.273.00, RA 1123 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093883, $7,201.00, DA 009/10 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: 61093885, $13,903.00, PA 0001 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000678-9191 / 818800: 61094084, $706.500.00, SPRW EBMUD Easement, Placer Title Company/Escrow Trust Account, 1981 N. Broadway, Ste, 100, Walnut Creek, CA 94576 000678-9191 / 818800: 61094085, $72.834.00, SPRW EBMUD Temporary Easement, East Bay Municipal Utility District, Accounts Payable, PO Box 24055, Oakland, CA 94623 000649-9665 / 813000: 61093858, $500.00, RS 2695 Record of Survey Map Check Fee, Bud LaVerne &Rosolia Simmons, 3859 Joan Avenue, Concord,CA 94521 000649-9665 / 813000: 61093859, $500.030, RS 2694 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526 000649-9665 / 813000: 61093860, $500,44, RS 2693 Record of Survey Map Check Fee, Patricia S. Mendell, 92 Lucille Way, Orinda, CA 94563 000649-9665 / 813000: G1093861, $500.x, RS 2696 Record of Survey Map Check Fee, RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek, CA 94596 000649-9665 / 813000: 61093862, $500.4t3, RS 2697 Record of Survey Map Check Fee, Robert W. Randles &Ling Ling Li, 1 Chapparal Place, Orinda, CA 94563 000649-9665 / 813000: 61093864, $66.828.00, RA 1124 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 62093866, 5.000,00, SUB 8619 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093868, $13.365.00, RA 1133 Road Inspection Acceptance, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093870, $5,000.00, SUB 8155 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#'310, San Ramon,CA 94583 000649-9665 / 813000: 61093873, $5,000.04, SUB 8153 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093874, $5,000.40, SUB 8618 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093876, $5,000,030, SUB 8156 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place##310, San Ramon, CA 94583 000649-9665 / 813000: G1093878, $11.478.00, SUB 8262 Inspection Fee Deposit, Sherman Ranch LLC,4456 Black Avenue, Suite#200, Pleasanton, CA 94566 Subdivision: SUB 8112 U-aISI 7976) Road No.: ST 2227 Premium: $100.00 IMPROVEMENT SICURTT"Y'JIOND FoR Punic PLIGHT©F WAY LANDsWE AGREEMENT (Performance, Guarantee,and Payment) (California Govanment Cade Sections 66462 and 66463) 1 ftQTAL OF Suar WISION AGREEMiV'1': The Principal has executed an agreement with the County to install and pay for public right of way landscaping,and other related improvements in Subdivision 8155 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 Prindpal,and St Paul Fire and Marine Insurance Company— --- , of the State of Minnesota 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; T'wemy-five Thousand One Hundred Dollars($25.100.00)for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: "Thirteen Thousand Fifty Dollars($13,050.00)to secure the claims to which reference is made in'T'itle 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 stated to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof macre 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 Cost& (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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of grange On August 15. 2002 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, 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. %z 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—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. ST2227 Number of Pages: Two (2) Date of Document: August 14, 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907''�`� State of Califomia County of Orange On August 14, 2002 before me, Alexis H.Bryan,Notary Public DATE NAME,TETTE OF OFFICER-E.G.,"JANE DoE,NOTARY PUBLIC" personally appeared Patricia H.Brebner , NAME(S)OF SIGNER(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS M S;YAN - Commission 1346738 Z WITNESS my hand and official seal, .� Notary ExUbk-(;Ail{OM4 Orange County My Comm.Expires Jun 1,2DD5 SIGNAYQRE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ® INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) �] PARTNER(S) H LIMITED GENERAL ATTORNEY-IN-FACT {� TRUSTEE(S) [� GUARDIAN/CONSERVATOR NUMBER OF PAGES ® OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 ®1963 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O,Box 7184 3 Canoga Psric,CA 61309-7164 1heS `Mul POWER OF ATTORNEY .a Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St,Paul Mercury Insurance Company Power of Attorney No. 22775 Certificate No. 1401276 KNOW ALL MEN BY THESE PRESENTS.That Seaboard Surety Company is a corporation duty organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc, is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint James A. Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan of the City of Costa Mesa ,State California their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October , 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and:Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company 5l�Ty *sx �� o`"%�xSUo spa�seia,.,, YAAb .,'r aaxvwxartip*'yirouarrl"" PETER W.CARMAN,Vice President 42,� .! , State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 4th day of October 2001 before me,the undersigned officer,personally appeared Peter W. Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Undenvriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof,I hereunto set my hand and official seal. pOItA4 1 UgUC r My Commission expires the I st day of July,2006. 3 CPSREBECCA EASLEY-ONOKALA,Notary Public � Y 86203 Rev.7-2002 Printed in U.S.A. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE 1 ABSTAIN: NONE RESOLUTION NO. 2002/734 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8156,being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District M) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8156,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an WL:ew (3:\GrpDatalEngSvc13012002\1203-02\SLB 8156 BO-21.doc action taken and entered on the minutes of the Board of Originator:Public Warm(BS) Supervisors on the date shown. Contact: Warren Lai(313-2408) cc: Public Works—T.Bell,Construction DECEMBER 03 CumntPlanning,Community Development ATTESTED: , 2002 T—September 2003 JOHN SWEETEN,Clerk of the Board of Supervisors and Windemere BLC Land Company,LLC 3130 Crow Canyon Place,Suite#310 County Administrator San Ramon,CA 94583 Attn:Brian Olin American Motorists Insurance Company 7470 North Figueroa Street Los Angeles,CA 90041 By ✓ s Deputy Attn:Patricia H.Brebner RESOLUTION NO.2002/ 734 K SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8156, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: December 3, 2002 PAGE: 2 A. Cash Bond Performance amount: $14,990 Auditor's Deposit Permit No. 391439 Date: August 14, 2002 Submitted by: Windemere BLC Land Company, LLC Tax 11)Number: 94-329-15-16 B. Surety Bond Bond Company: American Motorists Insurance Company Bond Number: 3SM 047 70100 Date: August 8, 2002 Performance Amount: $1,484,010 Labor&Materials Amount: $749,000 Principal: Windemere BLC Land Company, LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/734 l¢7� N'io� J ri �N '+ 40, 131 � �• .t% 7* 't gig 9 1 tt J ..d # Olt y �sy 'fin ..d o r' "�, • Ile 19 lk �► - ? w 1 Iia olA` Vat 54�, ^ � �► � � aflk 1 17 � � ,qq S �%N W , 1 n � , -Zr 0000.000.00000111 wr So ' ` ' ' � � MIA CaD �Q �01 -A c2 ro � vie n 'a ct g Ott V, till Rw n r.d N N m n } m C17 ytN otW w S4) Q z tl7 { is m " ® rO { 0� A/8 Od L4 _ N58`21'54" RSTcw / a G �1 SAY M6 M5 M4 n N , L t M z� _ 5p N442227'N "27'4' R C91i SLKf-L COURT " S o tl "cis 44` R 1 + (A? 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CA 1Ln W € y. ''N1592'29"€ 23,413m M2 Ni512'29"E 39.746m�M_M) M1 .e tl� N1592'29"E 40.67sm _ u7 -. W HARCOURT WAY 3� t F, 0 M 0 Q S S Min �m PLo 1CD ymy � m � 25 ;5 CL111) 3;iA io�g �G SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8156( Principal: __W 1 Wf) 0r'CR6 SLG G4►4 t> Cp MPa.Vy Effective Date: l ' Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: DEVELOPER:WINDEMBRE BLC LAND COMPANY LLC, A California limited liability Company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY PRINCIPAL A Delaware limited liability company Maurice M.Shiu,Public Works Director Managing Member By:Lennar Domes of California,Inc., Managing Member A�BY (signature) RECOMMENDED FOR APPROVAL (print name&Title) Don Larson,Vice President By: (signature) Engineering SeGiTes ivisi (print name&Title} "Lynn dochi est.Secretary FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPRQVEMENIS. Principal 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 pians 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). Principal 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, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performanee and Guarantee: 14 0.00 cash,plus additional security,in the amount:S 1,484.010.00 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,Principal 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 Pa ent: Security in the amount:$749.000.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check _X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§944.408 of the Ordinance Code. 4. ('UARANTEE AND WARRAN T Y OF WORK,. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT W RK. Principal 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN FABZAM, Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to,fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, comtnissions,officers,agents and employees. B. The lijbilitics 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 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 act or omission(negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SJJRVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. 1 N-CORPORATIQNLANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,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 third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. WL.ew GAGrpDa \&USvc\Wairo M02\JUWUa 8155 AG30.doc �r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of (20-11 Irl tt°r County of L Cis OnNt_A iig-- t 3 3,00 before mea Sb, &n4`- �r. 6—W b i I [Ate Name and Title of Officer je.g.,"J ne doe,Notary bile") personally appeared tM on 6/yx kunrjkl a Wt _ f - 4ersonaily known to me-OR-C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)isYare subscribed to the within instrument and acknowledged to me that /they executed the same in WaA"f/their authorized capacty(ies),and that by DEBRA A.SHERWOODWsAieitheir signature(s)on the instrument the person(s), 0 COMM.#1313562 �+ t7 OTARY PUBLIC-CALtFORNIAL) or the entity upon behalf of which the person(s) acted, CONTRA COSTA COUNTY 0 executed the instrument. COMM.EXP,JULY 16,2{k75'' WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: Individual individual 71 Corporate Officer LJ Corporate Officer Title(s): Title(s): -] Partner—D Limited E] General 71 Partner—❑ Limited L General El Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee L7 Trustee ❑ Guardian or Conservator Guardian or Conservator F1 Other: Top of thumb here ] Other: Top of thumb hers Signer Is Representing: Signer Is Representing: 01995 National Notary Association-8298 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91909-7184 Prod.No.5907 Reorder:Cell Toll-f=ree 1-800-878-8827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT _ - OFIFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTFE-7,�:ALIFORNIA RECEIVED FROM ^� ` t ORGANIZATION NUMBER � 1 (Far Cush Collection Procedures see County Administrator's Bulletin 105,) DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT Mx ji- LIK IF14E; -E 0273W r - - - C L. 1 - ) t i s boPI L' t 1Wt U1 n C13, C.)�63I 00 EXPLANATION: TOTAL $ *, DEPOSIT I Deposit consists of the fallowing items u C ( >( COIN and CURRENCY $ CHECKS,kO.ETC, $ WWI BANK DEPOSITS $- FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER / DATE1439 ----L--# Ass W1439 The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into ft+e County reasury. acknowledged ^. Signed ' Doty ,,., Signed: Signed: 7 Title.. 1+` XT , Deputy County Treasurer lu D-34 REV(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUP"..A►Ua,ITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA tiT .RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) - , DESCRIPTION FUND/ORG, ASUB. TASK OPTION ACTIVITY AMOUNT f /f /\.. ✓ ( ! i i i i i I P11 I I I I I I I I i EXPLANATION: TOTAL S i DEPOSIT Deposit consists of the following items COIN and-C-FlRRQ4CY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT �• / PERMIT DP Y NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into/he Coun"asury. ocknowl dg@d J d t ?C J Sgne �;.�.__Date 4 .� i `---•.._'"�..-.. Signed: a a " . Signed: Title: j ¢; t} ,' EXT. Deputy Co ty Audi Deputy County Treasurer D-34 REV.(7-43) 000649-9665 / 831000: 61093856, teak Treat Court, LLC, Pa Box 94563, tOrinda, CA 94563 $11,516.54, SUB 8606 Improvement Plan Check $11,784.00, SUB 8606 Inspection Fee Deposit 828800-0800: 01094041, 11,684,00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 821500-0800: 61094041, 094.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 819800-0800. 61093848, $14,990.00, SUB 8156 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61093850, $44,330.00, RA 1123 Cash -Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61093853, $16,790.00, SUB 8155 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61093854, $1,841.00, SUB 8606 Cash Bond, teak Treat Court, LLC, PO Bax 94563, ®rinda, CA 94563 819800-0800: 61093857, $15,000.00, FC Permit ##617-00 Cash Bond, City of Brentwood, 708 Third Street, Brentwood, CA 94513 41 subdivision: SUB 8156 J. Bond No.: 3SM_047_701 44 Premium: $7,420.00 JMPR.UVEMENT SECURITY BOND FOR SUBDIVISION AGUEMEN"T' (Perfoririance,Guarantee and Payment) (California Government Code §§ 66499 - 66499,10) 1_ RECM.-LL OF SUBDIVISION AGREEMENT, The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements ir. Subdivision Tract 8156,_* as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing, of a final map or parcel map for said subdivision. *Phase 1B 2, OBLIGATION: Windemere BLC Land Q m gory, LLC asprirtcipal and American Motorists Insurance Com any a corporation organized and existing; under the laws of the State of and authorized w 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: I&L Performance and Guarantee: one Million l:otu Huaidred Eighty-four Thousand Tea: Dollars ($1,484,010,00) for Contra Costa County or any city assignee under the above Cuunty Subdivision Agreement. B. Payment: Seven Hundred Party-nine Thousand Dollars($7;9,000.00)to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Pan 4 of Division III of the Civil Code of the State of California. 3. CONDITION: ION: A. The Condition of this obligation as to Section(?.A..)above is such that if the above;bonded principal, Or:-)rincipal's heirs, executors,administrators,successors or assigns,shall in all things stand to and fide by and well and truly keep and perform the covenants, conditions and provisions in the said ag,�eernent and any alteration thereof made as therein provided, on it or its part, to be kept and nerformed at'the time and in the mariner therein specified and in all respects according To their true intent and meaning and shall indemnify and save llantnless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured herebyaund 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 entbrcing such obligation,all To be taxed as costs and included in any judgement rendered. 41 Zz 0:7- B. The condition of this obligation, as to Section (2.13.) 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 persoris employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid. Civil Code, for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance ACt V"'ixki respect to such work or labor and that said surety will pay the same in are amount not exceeding the amount herein above set forth and also,incase suit is brought upon this errand,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,inured by the County of Contra Costa (or city assignee) in successfully enforcing such obligation, w be awarded and fixed by the court, all to be taxed as costs and to be included:n the judgement therein rendered. It is hereby expressly stipulated and agreed that this bored shall inure to the benefit of any and all persons,companies and corporations entitled to file claims t nder Title 15(cc mmencirig with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to therm or their assigns in any suit brought upon this bond. Should tate work tinder conditions of this bond be fully perfbimed,there this obligation shall became null and void; otherwise it shall be and remain in full force and.effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety fiom liability on this hand;and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the previsions of California Civil Crede Section 2919 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNER AND SEALED on_ AuRust 8. 2002 Windemere BLC Land Company, LLC By: Lennar Homes of California, Inc. its manager PRINCIPAL- � SURETY: 'American Motorists In@ut&Ug&_„QOnY Address- 3130 Crow Canyon Place. #310 Address: 7470 North jigueroa Street City. „ San Ramon Zip: 94583 City: _Lo An Zip: _..900 'Print Name: nave rl 'F ans Print Name' Ra. c-,�a xL "title: Vice President Title: Attorney--in--Fact Cr�icgAara'F»�S.sWa s'"OG23.FytLtlRise SSB$:v-d?.du -" CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT F e of California County of Orange On August 9, 2002 before me, Gordon J. Peterson, 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. oa LioN J PETERSON Witness rpy hand and official seal. comrniaaion!1335380 Notary Public-California / Orange County +� My 022.E....t�eo t 7,2006 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—Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Bond No. #SM 047 701 00 Number of Pages: Two (2) Date of Document: August S. 2002 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No,5907 1 State of California County of Orange Can August B, 2002 before me, Alexis H.Bryan,Notary Public , BATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner r NAME(S)OF SIGNER(S) personally known to me-OR- (l 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(les), 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. ALEXIS�#j AN WITNESS my hand and official seal. _ commiasiB736 Notary PubI t-COIftmia � Orange County My Comm.Expires Jun 1,2005 SIGNATLWE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [� INDIVIDUAL �] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ® PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) [� GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4087/GEEF 2196 01993 NATIONAL NOTARY ASSOCIATION•82W Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 h V POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Jane Kepner , Mike Parizino , James A. Schaller , Alexis H. Bryan , Nanette Mariella-Myers , Linda Enright , Leigh McDonough , Jeri Apodaca , Patricia H. Brebner ,, Suzanne Edwards and Phonda C. Abel of COSTA MESA , CA (EACH) . their true and lawful agent(s) and Attorneys)-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 their act and deed: Any and all bonds and undertakings EKcEPT16N: NO ALITHORTY is granted to make, execute, seal and deliver any bond or undertaking which guarantees 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. This appointment may be revoked at any time by the Company. 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 their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, 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 attorneys-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 Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTE), That the signature of the Chairman of the Board, the President, 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 resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 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." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. Tax Collector's Office "Illam J. 4 runty Tre Contra ; 825 Court Street Finance Building,Room 100 P.O.Box 631Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector s 0063 (925)6466-4122 y CountJoslyn Mitchell (925)646-4135 FAX `"I 'rax Operations Supervisor Date: 8/20/2002 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2002, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# city T.R.A. 8156 SAN RAMON 66383 Parcel#: 223-100-009-8 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: 0---m r -