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HomeMy WebLinkAboutMINUTES - 12032002 - C25-C26 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002,by the following vote: .,250 1/1 AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIFR, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/737 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8618 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 8618 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 Bond Deposit Amount: $1,000 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 G:\GrpData\EngSvc\BO\2002\12-03-02\SUB 8618 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Warren Lai(313-2408) cc: Public Works- T.Bell,Construction ATTESTER: DECIlMBER 03, 2002 Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T—10-03-03 County Administrator Windemere BLC Land Company,LLC 3130 Crow Canyon Place,Suite#310 San Ramon,CA 94583 Attn: Brian Olin By / ,Deputy St.Paul Fire and Marine Insurance Company ' 333 City Blvd.West,#1100 Orange,CA 92868 Attn:Patricia H.Brebner RESOLUTION NO.2002/ 737 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for SUB 8618 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: December 3, 2002 PAGE: 2 II. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: ST 2232, August 14, 2002 Performance Amount: $16,700 Labor&.Materials Amount: $8,850 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. 2002/737 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code §66462 and §66463) Subdivision: SUB 8618 Effective Date: Subdivider: Completion Period: 1 near WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, A Delaware limited liability company CONTRA COSTA COUNTY SUBDIVIDER. Managing Member BY:Lennar Homes of California,Inc., Maurice M. Shiu, Public Works Director Managing Member r Z By: (signature) (print name&TitIJ t an-taffloon,ViaelPresident RECOMMENDED FOR APPROVAL: By: (signature) o ' "'�'� � Engineering Se ce5 i sion (print name itl ) ynnJoch' „Asst.Secretary FORM APPROVED: for 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"Coup ,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 1000.00 cash,plus additional security,in the amount of $ 16.700.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the Subdivider guarantees performance underthis Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 8.850.00 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. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 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. 6. 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 act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor, subcontractor,or any officer,agent, or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any pian(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. :kwdap GAGrpDatakEngSvcTom*AG WORDIAG-30A.doc Rev.May 18,2001 _....._..................__..........____._...__....._.........._........ _.............................._ �,,•.ay Y J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ' State of 0 I i I t County of Cnib2l& On tztc L I' . before me D m a Nae and Title of ofl5cer(i a g.,"Ja Dde,Notary Pu ") personally appeared Com. C�a1 a1 C�C11 Names)of Signer( 'S`personaliy known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that lir.kJWthey executed the same in IvkAw/their authorized capacity(ies),and that by r DEBRA A.SH RW{ 17D 9#their signature(s)on the instrument the person(s), 0 COMM,#1313582 or the entity upon behalf of which the person(s) acted, NOTARY PUBLIC SAL FC)Rr4 I CONTRA COSTA COUNTY(} executed the instrument. COMM.EXP.JULY 1 b,2005 WITNESS my hand and official seat Signature of Notary Public OPTIONAL Though the information below is not required by taw,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 Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner ❑ Limited ❑General ❑ Partner®[I Limited ® General Attorney-in-Fact ❑ At#orney-in-Fact 0 Trustee ❑ Trustee C7 Guardian or Conservator ❑ Guardian or Conservator • e ❑ Other: Tap of thumb here ❑ Other: Top of thumb here. Signer Is Representing: Signer is Representing: m 1895 National Notary Aasoclatlon•8238 Rammet Ave.,P.o.Boz 7184•Canoga Peek,CA 81808-7184 Prod.Na.59(17 Reor<ker:Ceti Toil•Frea 1-800-878-8827 F COUNTY OF CONTRA COSTA -a-�C7 %. DEPOSIT PERMIT , OFFICE OF COUNTY:AUDITOR-CONTROLLERo TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SU& TASK TION ACTIVITY AMOUNT T 010 V7 CI allOS I ,1.S 1 4 1 A Lo - - - -- _ L 18-TIZ-4/-411V16 1-1 191Q ! /1.T T 33 10 / C (, ! ! ! ! ! i EXPLANATION: TOTAL $ ! DEPOSIT t / of Deposit consists the fcsilowing i ms tom/ vl gb` >+ � t COIN and CURRENCY $ ! CHECKS,MA.,ET $.a + / BANK DEPOSIT $ ( `,, (' t" G C. FOR AUDITOR-CO T OLLER USE ONLY 7 ()o ,) C.) A( *�"S o } DEPOSIT T PERMIT DP D"TATE -91754 AUG' rOIL ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above a t is hereby deposit into ttm County teasury oclawwledged Signed: 1 r` ,sr� /i�.^✓ Dote(-� y Signed: Signed: litl®: P EXT. De ou*Audi Deputy County Treasurer D,34 REV.(7-93) v r Q ) 000649-9665 / 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: G1093882, $38.108.00, bA 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: G1093865, $0191.00, RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093867, $4-000.00, SUB 8619 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093869, 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: G1093872, $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: G1093877, 000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456 Black Avenue, Suite#200, Pleasanton,CA 94566 819800-0800: 61093879, 11,000.00, SUB 8156 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093881, $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: G1093883, $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: G1093885, $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& Rosalia Simmons, 3859 Joan Avenue, Concord,CA 94521 000649-9665 / 813000: 61093859, $500. , RS 2694 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526 000649-9665 / 813000: 61093860, $500.00, RS 2693 Record of Survey Map Check Fee, Patricia S. Mendell, 92 Lucille Way, Orinda, CA 94563 000649-9665 / 813000: 61093861, $500,00, RS 2696 Record of Survey Map Check Fee, RBF Consulting, 1981 North Broadway, Suite 235, Walnut Creek,CA 94596 000649.9665 / 813000: 61093862, $540.00, 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: 61093866, $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, $5,000.00, SUB 8153 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093874, $5,000.00, SUB 8618 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093876, $5,000.00, SUB 8156 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000649-9665 / 813000: 61093878, $11,478.00, SUB 8262 Inspection Fee Deposit, Sherman Ranch LLC, 4456 Black Avenue, Suite#200, Pleasanton, CA 94566 Subdivision: SLM 8618 , L.. Bond No.: ST 2232 Premium: $100,00 IMPROWMENT SECS "i`Y BOND FOR I't1nic RIGHT OF WAY LANDscAPE AcREEMFNT (Performance,Guarantee, and Payment) (California Government Code Sections 66462 and 66€63) 1. JUMUMXW0-"U&.4Ej!j- The Principal has executed an agreement with the County to install and pay for public right ofway landscaping,and other related improvements in Subdivision 8618 as specified mi the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the time specified for completion in.the Subdivision Agreement(Hight of Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditioxs for filing,off'The Final Map or Parcel Map for said Subdivision. 2. i IGAIM: Windemere BLC Land Co papy, LLC- - - :asPrinc pttl,and St, Paul. Fire and Marine Insurance Comvanv __,acorporafionorganized existing under the laws of the State of Minnesota and authori2ed 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, Califorztia to pay it: A. Performance and Guarantee: Sixteen Thousand Seven Hundred Dollars($16,700.00)for itself or any city assignee under the alcove County Subdivision Agreement,plus B. Payment: flight Thousand Eight Hundred Pity Doll srs($8,850-00)to secure the claims to which reference is made in Title XV(commencing with Section 3082)ofPart 4 of Division III ofthe Civil Cotte 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 stud to and abide by, and well and truly beep and perforin the covenants,conditions and provisions in the said agreement and any alteration thereofmade as therein provided,on is or its part,to be Inept and performed at the time and in the manner therein specified,and in all respects according to their trite intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers,agents and employees,as therein stipulaied,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(err city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any jadgement rendered, D. The condition of this obligation as to Section 2.(I3) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and 411 contractors,subconuactors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in tht aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pity, in addition to the fact amount thereof, costs andd reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this band be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by Surety,and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itselfbound without regard to and independently of any action ag4inst Principal whenever taken. IG D ANDSEALED on_ August 14, 2002 WINDEMERE BLC LAND COMPANY, LLC By. LENNAR HOMES OF CALIFORNIA, INC. ST* PAUL FIRE AND MARINE FM CIPAl..: its manger SxJ.R TY.- INSURANCE COMPANY Address: 3130 Crow Can n Suite 300 Address: 333 City Blvd. West #1100 City: San Ramon i 94583 City: Oran a CA Zi 92$68 PrintNarat: Lawrence H. T son Print Name: Patricia H. Brabner Title. Vice President Title: Attorney-in-Fact WI.Cw �i.+GxpDa tstfio ivc�wsTt+eetZCK uagl z sub$153 6*1ZA-0c CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange 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. w L 1A Ir 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. ST2232 Number of Pages: Two (2) Date of Document: August 14, 2002 Signers (other than those named above): Patricia H. Brebner i w 9 :`•'c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907 State of California County of Change Can August 14, 2002 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE 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) islare 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. ALEX►g .BRYAN WITNESS my hand and official seal. r44 Z86 Commission*1306738 Z Notary Public-Catifomia (orange County SIGNA RE OF NOTARY Noy Comn .Expiret Jun 1,2dD8 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) Q PARTNER(S) 8 LIMITED GENERAL ® ATTORNEY-IN-FACT F1 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-40871GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 'heStPau' POWER OF ATTORNEY 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. 1401282 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly 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 Attorney(s)-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 4 F. ,".�.'P� P OltPOhi�'r V%tA�PC4APjtEP� �y PETER W.CARMAN,Vice President SEAL)o"' $$1LL,ib o>`rrw • ANI 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. EA U In Witness Whereof,I hereunto set my hand and official seal. 4HY l My Commission expires the Ist day of July,2006. Gi r REBECCA EASLEY-ONOKALA,Notary Public HF t't 86203 Rev.7-2002 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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 Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and,in any case, subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1,Thomas E.Huibregtse,Assistant Secretary 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 Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 14th day of August 2002 _X/(jJ I�2� r.,.� `VTEA11I8Ri7/k~ yei`/PfOR�Irfn '"'^•nalV , 6.,. / X Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power ofAttorney,call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the power is attached ...............::::: :: 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/ 738 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8619,being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8619,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: WL:cw G:IGrpData\EngSvc\BO\2002\12-03-021SUB 8619 BO-21.doc Originator:PubWane Works 13-2 I hereby certify that this is a true and correct co of an action Contact. Warren Lai(313-2408) y � 1>y taken and entered on the minutes of the Board of Supervisors on c: Public Works--T.Bell,Construction the date shown. Current Planning,Comnumiry Development T--10-03-03 Windennere BLC Land Company,LLC 3130 craw Canyon Place,site 310 San Ramon,CA 44583 ATTESTED: DECEMBER 03, 2002 Attn:Brian Olin JOHN SWEETEN,Clerk of the Board of Supervisors and County SL Paul Fire and Marine Insurance company Administrator 333 City Blvd.West Suite 1100 Orange,CA 92868 Attn:Patricia FL Brebner By P >i ,Deputy RESOLUTION NO.2002/ 738 /fr SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8619, 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: $3,260 Auditor's Deposit Permit No. 391338 Date: August 13, 2002 Submitted by: Windemere BLC Land Company, LLC Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number: SV9484 Date: August 1, 2002 Performance Amount: $322,740 Labor&Materials Amount: $163,000 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. 2002/738 j yY WAR (r Sal 44 to a 6 lig CO M b a as nit i nx� 5Q �g I $act CON S� d 21 i >ZI ct co gaQAMW �' ^o � CTS rp m tl 3V w5t5'0£ 3 3 M,i ;0 P, w �E�P, 6Ln r L" q 92 b� Lt? 1,14 \ tiin� tin � �,as� � ss'+ �► �t YDS', ^� m Y CY V'ii (n Y U O � � cn 0 1 i j �- ifZw 1 ti l j N1512'29°E 40.ZD0m N2208'04,E / X952 4e.a xx v t"`), i 4 M BANDOL COURT I (14,400r)MADE) z if \ wi nyya til L6 LT cm L5 L4 �w .p, 9 �w 3 `A I tX7' p� f r N15f2'29'E 26.367m �� N1592'29"E 56.806m Nt5'42'29"E 89.8D6m(M-M) _ N45'?2'29 E 120,599m(M-M) (20.748m WIDE, HARCOURT WAY S I (20348m ADE) �� 8 LOT 9 SUBDIVISION 8620 #448 M 9 �'rp- P; G m 0 QI I � a CD Ic , c _ v�JAW (�•"��y}��-:.l:..'..n W^ SEE SHEET 6 F/ L {°g 5.982m 10.838m r ti � n w < it� I czN V N1512'29"E 40.200m L I 18.28$m 21.912m N22'08'04"E 38.952m v 1i ^z � m �1.5m PUE/LE wt v v sj , I Y'yp 12.342m 15.276mMl 41 m I N1512'29'E 27.618m v' I I BANOOL COURT w o N26'45'39"ER _ (14.400m NIDE) 13.829m 13,q, - _ 3.$29m * caro I 11.587m N1512'29"E 58.231m(M-M) N17'37'27"E R v N1512'29"E 27.444m o a a mCri IiII 12.168M 2168m Y�± 1158.#2,87`06 0m <0. -- 1,5m PUE/LE N15229"E 16.800m .66 5.962m 10.838m EX 1.5m PUE/LE(2) d1.2m PUEAE(2) 14.055m N1512'29'E 56.806m(T) N15`12'29'E N1592'29'E 89.806m(M-M) ^ro b 1+.05{m``ticj. MM)0.599m( HARCOURT WAY (20.74$m woE) Ix � s � LOQ 9 SUBDIVISION 8620 .e ' N a u e;es"i"`d'"w a•'K^I I r-- 2 .a.z LN >- 1i fn o © _ r _ ®C $H O` y�CZi C R5 C' y ' g ® ZVf 'may 'xi OPS tom' C g OZ t'. rm > t- m 4 39 '54) � � �j'� S z cq� v o N G Z z � 7 7 Ln SEE SHEET 6 r NUV2rEE R) 2 ry Ni 5`12'29"E 31.023m 15_982m �10.838m � z 2.44n PUE �� S Ni5'12'29"E t' t9 a,- u m� 30.600m ��yy pp N1512'29"E pzp �• i.5m PUE 7tr�- 30.600m y g I ax I.` it `r 1 rn N15'12'29"E ( I34 co 30.600m i $ Lo� ca cn BANDOL COURT m p N15'12'29"E {14.40CNn W50Ej uy 30.600m I N15 2'29"E 58.231m(M M) rn I J► 24m PUE N18'47'28"E y I 1.5m PUE/1€ 25393m �� N1512'23"E y i i 57 N1512'29"E 16.800( 5.98 m 10.838M N15k2'29"E"' �yyti°� ,v139 A !d 26.367m X HARCOURT WAY Fr c G EX �I � PUE _ s 1.5m —(2)/ N18'47'28– 25.293( T EX1mPU/`E (A 2V) N1512'29"E 2637 N15`12'29"E 10599((M-M) 89m6m(M-M) HARCOURT WAY (2048(WDE) � 4( _ � SUBDIVISION 8620 Ln m i F i m #^ cl v`° ul z 1 � I -1021.01 _ � SUN.f Ibtl39�,yt.50N � 3N('����NtlCtB w919'0F � ------i--_'�" it'N N W II cn AZ9'0£ c" � a 3.ff,94.90N � 4� uiFyi'Z4 cn u rl D .�ulpnp'94 t13.t4,tt.60N L 70 n -- � C7 � �o Lo < t— LugZ5'0€ I o z rn { b 3.0€,&M I t� �y 1 m cs Chy I ry `, tJs � � � na � � � � to W .." � cn C04 x� (N 3.90,*92 LN r v Iz os I 11 U7 ...+ ,6 .r.,O 1 Yy L'S th Cly • A N Ogg W I 3 j W'N cn 2.4m PUE----� I 3.$Z,Zt.9lN Cfl J SEE SHEET 5 jL]��-�i C4 (n ZS � c a• s2�2�� (�J cps Z Z 'S Cy � CS � (� � y. . t3 v Amy �� � Z�j V�pj�..C V♦ FI C m +5 C IC5'7 i�vvyy p oVy +�� p� ��pp p� 6A 'M W# 6"li ib L t'S Pt ts�Q�`'p•�,• sew zD O iI CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 0 r 0 ' County of C?n ,.. .. "`3 C`�- before me,zAhrcrx Date Name and Title of Officer(a,g.,"Jarifi -Doe,Notary P io") personalty appeared arS6 inn M „ l Names)of Sew r{s} personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ie/are subscribed to the within instrument and acknowledged to me that trefl~hey executed the .�.� same in hW4w/their authorized capacity(ies),and that by DEBRA A.SHERWOOD hiaA;w/their signature(s)on the instrument the person(s), 0 COMM.#1313582 » NcruaYpUBLfC-CAUFQ,NIA or the entity upon behalf of which the person(s) acted, C(}WRA COSTA CID:J` TY COMM.EXP.JULY 1 d,2005'' executed the instrument, WITNESS my ha land official seal. �{ Signature of Notary Pub c 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 Gate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner--❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Pact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here i Signer is Representing: Signer is Representing: t 0 1988 National Notary Association•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toil-Free 1.800.878.8827 COUNTY OF CONTRA COSTA f DEPOSIT PERMIT j OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ter ORGANIZATION NUMBER Vq C (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG ACCT TASK OPTION ACTIVITY AMOUNT V J � t ao u �o L) &� ?9� _ _ � I I le ILK 106 1 1 1 1 � 1 o 0 Dc , C I I I LL I I - .} EXPLANATION: TOTAL $ DEPOSIT 7 •x"'1 Deposit conelsts of the following Mems of COIN and CURRENCY $ �� CHECKS,MO.,ETC. $ BANK DEPOSITS E FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ j DATE .t38 A�lG YO ASS'I The amount of money described above is for Treasurer's receipt of above amount is opproved. Receipt of above amount,is hereby deposit into County T ury, acknowledged. Signed: ' 1r;;+rx = ' Dated Title L-EXT. "`7 { Signed: ty ounty i Signed: DJputy Cou res urer D-3d REV.(7-93) :. \ COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. B.ASUTASK OPTION ACTIVITY AMOUNT W71 $ 0 0 � I i i i i i i I i i i i i i IA 1 111 till i EXPLANATION: TOTAL $ I DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,AQ,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPO ERMITIT �� ! 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 County Treasuryl acknowledged. /Signed: ry •-, Date Signed: Signed: Title. , t ' Deputy County Treasurer D-34 REV.(7-93) 000649-9665 1831000: 61107780, $32,500.00, RA 1128 Road Acceptance Plan Review, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61107787, $ 3,260.00, SUB 8619 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800. 61107790, $ 1,080.00, SUB 8618 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800.0800; 61107792, $12.750.00, SUB 8153 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 Subdivision SIM U19 Mond No.. SV9484 Premium: $807.44 FOR StiBDTVISION AGREEMENT (Performance, Guarantee and Payment) (California Government.Code § 66499 -- 66499 10) L REMAL OF SUBDIMION AGR..S]EM NT; The developer (principal) has executed a subdivision agreemem with the County of Contra Costa to install and pay for street,drainage and other improvements in Subdivision 8612 as specified in the subdivisibn 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 2 OBLIGxTIO Windemere MC band Company; .LLC as principal and St. haul. Fire and.Marine Ine.ura �a 4uy � ; , a corporation orgastized and existing under the laws of the State of Minnesota and authorized to transact surety business in California., as surety, hereby jointly acid severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California.to pay as follows. A. Performanceand Guarantee: Three Hundred.TwenTv TwoThousand Seven Hundred p`or'n and 00/100 Dollars ( 322,740 00. ) for Centra Costa County or an). cay assignee under the above County Subdivision Agreement. B. Payment. One Hundred Sixty ThLzc_Tousand and OW100 ' Dollars(� l.0 Q0Q. Q ®) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division IIT of the Civil Code of the State of California. 3. CONDITION-. A. The Condition ofthis obligation as to Section(2..Al)above is such that if the above bonded principal, or principal's heirs, executers, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provision, in the said. agreement and any alteration thereof trade as therein provided, on 4 or.its pane, 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 inderrinify and save ltarrriless 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 retrain in full force and effect As part of the obligation secured hereby and in addition to the face amount specified therefore,There shall be included reasonable costs, expenses and fees, including reasonable attorneys 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. R. The condition of this obligation,- as to Section (2.8•).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 performnice 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 A.ct with respect to such work or labor and that said surety will.gay.the same in an amount not exceeding the amount herein above set forth and also,incase suit is bttiig ii upon this bond, will pay, in addition to the fact amount thereof, reasonable casts, expei'ses and fees,.including reasonable attorney's fees,incurred by the County of Centra.Costa(or city assignee)in su.ccessfully enforcing such obligation,to be awarded and fixed by the court, all to be taxed as costs anti to be included in the judgement rherein rendered It is hereby expressly stipulated and agreed that this bend shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section. 3082)of Part 4 of Division 3 of the Civil Code,so as to.give a.right of action to them or their assigns in any suit brought upon this band. Should the work under conditions of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect C. No alteration of said subdivision agreement or any plan or,specification of said work agreed to by the principal and The County of Contra Costa(or'ciiy assignee) shall relieve the surety from liability on this band;and consent is hereby given to snake such alteration without further notice to or consent by the surety; and the surety hereby waives the provisi)ns of California Civil Code Section 2819 and holds itself bound without regard to and independenTly of any action against the principal whenever taken SIGNED AN—SEALED on Augyst 1, 2002. WINDEMERE BLC LAND COMPANY* LLC By: LENNAR HONES OF CALIFORNIA, INC. ST. PAUL FIRE AND MARINE PRINCIPAL: its manager vRHTY: INSUR G?MPAU Address. 3130 Crow Canyon, Suite 300 Address, 333 City Blvd, West, Wte. 1100- City, San Ramon ip. 9 4 5 8 3 City Orange,., CA Zi . 92868 By. By: Print Narne. Lawrence H. Th son print Name. Patricia H. Brebuer Title .`vice president Title- Attorney-in-Fast ns mw r� �ihpba„vEr�y9oatw.rsawsWemeectiv,tL.�o txo 3dclVtai�ah.aw 'Y CALIFORNIA AIT-PURPOSE ACKNOWLEDGEMENT State of California County of Oran-ge On August 2. 2002 before me, S. McDonald, NotaryPublic, 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. S. MC DQNA9=04/J t CcrrtrnbOon#126 Orange CounMy Comm.Fires Apr 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 Security Bond No. SV9484 Number of Pages: Two (2) Date of Document: August 1, 2402 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On August 12002 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE 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. f ALEXIS H. Ma f Commiysian#1306738 . ; Notary Public-Californias f WITNESS my hand and official seal. grange County My Comm Expires Jun 1,2005 SIGNAT 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 ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-40671GEEF 2/98 01999 NATIONAL NOTARY ASSOCIATION•8235 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 `iheu POWER OF ATTORNEY .(" st"I'- 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. 1401130 KNOW ALI,':MIEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly 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 culled 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 `nth _.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 /E�� �ajy, �_4� �at1•M.,:�S,p Sp,V iNdtlryq�� �v,t� * - w. {pMtbRy,S' ✓€'(,,,1tlR4t,,* +Fti} � 'i$27 �•5���`/)1 ��ty`S��LI� �P t� 1$� ���� PETER W:CARMAN,Vice President 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 Underwriters,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. AAA"-Ir,� In Witness Whereof,I hereunto set my hand and official seal. &t r My Commission expires the 1st day of July,2006. (� �O REBECCA EASLEY ONOKALA,Notary Public 86203 Rev.7-2002 printed In U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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 Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorney(s)-in-Fact shall have the power and authority,and, in any case,subject to the terms and limitations of the Power of Attorney issued theta,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorneys)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary 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 Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this I S t day of August , 2002 �Zl + ..�Y+ mp RobR,,Y�� Jt�15PORAY�.\C^ f�'�i}'" ♦A+yy / `J'��/(f/ Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number,the above-named individuals and the details of the bond to which the power is attached. R6'9 FATCO 4 9/20/02 Tax Collector's Office �'r' itrlam J.Pollecek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 140 P.O.Box 631 Costa L.Martinez Martinez,California 94553- Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 9/20/2002 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2002, THIS LETTER IS VOID This will certify that l have examined the map of the proposed subdivision entitled: Tract!MS# Clty T.R.A. 8619 SAN RAMON 68383 Parcel#: 223-100-009-8 223-010-010-6 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 1815 Act Bond. if subject to a 1815 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 4 By: _