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HomeMy WebLinkAboutMINUTES - 02122002 - C15 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 12, 2002, by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 71 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8154,being developed by Windemere BLC Land Company,LLC,San Ramon area(District IIT). The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8154, property located in the San Ramon area, Supervisorial.District HI, 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 action taken and entered on the minutes of the Board of Supervisors Originator:Public Works(ES) on the date shown. Contact: Teri Rie(313-2363) G:\GrpData\EngSvc\BO12002\2-12-02\SUB 8154 BO-2i.doc WL:lad cc: Public Works-R.Bruno,Construction ATTESTED: February 12 2002 Tanning,Corn mity Development , r-12-12-02 JOHN SWEETEN, Clerk of the Board of Supervisors and Windemere BLC,LLC Atte: Pete Peterson County Administrator 3130 Crow Canyon Place,#310 San Ramon,CA 94583 The American Insurance Company 5 Peters Canyon Road B Irvine,CA 92606 y Deputy RESOLUTION NO.2002/ 71 V SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8154,being developed by Windemere BLC Land Company,LLC,San Ramon area(District III). DATE: February 12, 2002 PAGE 2 A. Cash Bond Performance amount: $8,600.00 Auditor's Deposit Permit No. 378574 Date: December 11, 2001 Submitted by: Windemere BLC Land Company, LLC Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: The American Insurance Company Band Number: 11133599222 Date: November 30, 2001 Performance Amount: $846,900.00 Labor&Materials Amount: $427,750.00 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 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January 2002, is estimated to be $3,301,600.00, with security guaranteeing payment of said tax lien as follows: + Tax Surety Bond Company: The American Insurance Company Bond Number: 11127507207 Date: January 8, 2002 Amount: $4,185,100.00 Principal: Windemere BLC Land Company,LLC 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. 2002/71 SUBDMSION AGREEMENT (Government Code§66462 and 166463) Subdivision: SIM:815.4(M s-ref ronge SUB 797Q Principal: Effective Bate: ~+ = – Completion Period: 1 year D V LO-P WTNDEMERE BLC LAND COMPANY LLC THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limitedliability Company Ey:LEN-CIES Windemere,LLC, C QN,RA COSTA COUNTY P hi A Delaware limited liability company Managing Member Maurice M.Shin,Public Works Director (" �..4y:LMHooa Inc.,{pine n�na silent RECQMMENDED FOR APPItC)VAJ. '�&By: A Aft (s*—) Engineerin ( & ) Don Larson Chief Financial Officer FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated reprawtative groups pursuant to Corporations Cade§313) 1. PARTIES&DATB. Effective on the above.date,the County of Contra Costa,California,hereinafter called"QmW and the above-mentioned Priv al mutually promise and agree as follows concerning this subdivision: 2. l 1WYE[ffM. 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 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), 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 trade thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. 1MPRQKD,/=SECL= Upon executing this agreement,Principal shall, pursuant to Govenvment Code §66499 and the County Ordinance Code,provide as security to the County: A. FQr PofQm>Rri ean Guaantee: $ 8.600,00 cash,plus additional security,in the amount:$ M:90(t.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 Payment: Security in the amount:$ 427,750,00 ,which is fifty percent(50°J)of the estimated cost of the work. Such security is presented in the farm 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§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WO K, 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 WORK. 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 WARRANTY. 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 ofwork and/or materials or statement by any officer,agent or employee ofthe 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 damage s'ansing'from the failure to comply with any of the terms and conditions hereof: 8. INDEMMTY: 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, 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'ofthese and regardless ofwhether 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. SURRVEYS. 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 ND 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 attorneys fees and all other expenses of litigation incurred by County in connection therewith,even if Principal 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,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 a 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-hd 0-.kGMDm\Eng.Svc\Warm\2002UenumrASUB 8144 ACS-30.doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of -0){� �`O i o,., County of (^L._._ On ,C� !i.4 6. !�OC)A before ms -L )M � rC ]i6r i k cti ii PP J Da Name�and Title of Officer e. _ y"Jane dos,Notary p iia") personally appeared r e Namele)of Signerts> 'personally 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 heislie/they executed the �. same in hkAw/their authorized capacity(ies),and that by DEBRA A.SHERWOOD their signature(s) person(s), COMM.#1313582 � on the instrument the NOTARY PUBUC-CAuroRNIA ► or the entity upon behalf of which the person(s) acted, GONNA COSTA COUNTY C3 executed the instrument. COMM.EXP.JULY 1 b.2005 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 ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited C❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 National Notary Association•8236 Remmet Ave..RO.Box 7184-Canoga Park,CA 91309-7194 prod.No.5907 Reorder.Call Toil-Free 1-800-876-6827 sf • > Subdivision: SUB 8154 (cross-reference SUB 7976) Bond No.: Ill 3359 '9222 Premium: $2,964.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL 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 in Subdivision 8154,,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. 2. OBLIGATION: Windemere BLC Land Company, LLC as principal and The American Insurance Company , a corporation organized and existing under the laws of the State of Nebraska and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Eight Hundred Fort--Six Thousand,Nine Hundred and no/100 Dollars ($846;900.001 for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Four Hundred Twenty-Seven Thousand, Seven Hundred Fifty and no/100 Dollars ($427,750.00) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs, executors,administrators,successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials fimiished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra. Costa (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. 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 city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on_ November 30, 2001 WINDEMERE BLC LAND COMPANY, LLC PRINCIPAL: By: Lennar Homes of California, Inc. SURE.': THE AMERICAN INSURANCE COMPANY its manager Address: 24 Address: 5 Peters Canyon City: 92691 City: Irvine,,JA Zip. 92606 By: By. Print Name: Lawrence H. Thom on Print.Name: Patricia Brebner Title: Vice President'. Title: Attorney-in-Fact WL3ad G:tGrpDafa\EngSvc\Wan,en12002Vanuary\SUB 8154 BN-ildoc CALIFORNIA. ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On January 18, 2002 before me, Gordon J. Peterson, 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. 10I _ t330RRDON J.PErERSON Witness my and and official seal. Commission#1335380 p Notary Public-California orango County eMyCornm.Expires Doc 1 i,2005 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—Mice President Lennar Homes of California, Inc., for Windemere BLC Land Compan LLC DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Bond No. 111 3359 9222 Number of Pages: One (1) Date of Document: November 30, 2001 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of ©range On _ November 30, 2001 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC„ personally appeared Patricia 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. s WITNESS my hand and official seal. ALEXIS H.BRYAN Commission#1306738 Notary Public-California , Orange County SIGNATURE NOTAR My Comm.Expires Jun 1,2aa5 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) ❑1 PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON($)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40871GEEF 2198 01893 NATIONAL NOTARY ASSOCIATION-8236 Rsmmet Ave.,P.O.Box 7184•Canoga Perk,CA 91309-7184 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURN17 CORPORATION ASSOCIATED INDEMNrrr CORPORATION THE AMERICAN IMURANCE COMPANY AMERICAN AUTOMOBILE INSURANOR COMPANY GENERAL POWER OF ATI'ORNET KNOW ALL MLN BY TEM PRESENTS: That IUMdAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,as Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New S tion ratomestcatand to Nebraska. ASSOCIATED INDEM M CORPORATION, a California corporation, and AI tICAN AZ�aOBILE INSURANCE CONMANY,a Ivlissoeui corporation,(herein collectively called"the Companies")data each hereby appoint Patricia Brekiner 6f Costa Mesa, CA their true and lawful Attorneys)-in-Deet, with full power of authority hereby conferred in their name, place and stand, to execute,, analo acknowledge and deliver any and all bonds,undertakings,recognizancea or other written obligations in the nature thereof------------ and to bind the Companies dieteby as fully and to the same extent as if such bonds were signed by the President.scaled with the CMMIBsub of dee Companies and duly attested by the des'Secretary.hereby ratifying and comfinWq all that the said Attomey(s)4mrPact may do in do ptemises. iThi n oaf attorney ta b granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions anow This power of attorney b signed andd sealed under the authority of the following Resolut�,�ted by the Board of of each of dna Companies at a meeting duly called and held,or by written consent,on the 19th day of 1 ,and said Resolution has not been aarmnrneled or repc": "RESOLVED,that tete signature of any Vice-Pt aidenat,Assistant S ,and Resident Assistant Secretary of dee Coatpaaiuos, and tine seal of the ` may be affixed at printed an any power attorney,ma any revo�catiots of soy Power of attaaraay, era on any certificate re ting ttterety,by facsihnhle,nand any power of attc><aoy,,aey revocation of any power of atnorrhaay,or certificate bearing such farsimHe signature or facsimile seat shall bre valid and binding upon the C.ompaniaa" IN Wr'1'1NIESS Wt ILREOF,the Cro-nip-alalwm=aW the presume tar b-c.Avied by dmdr Vice-Pmsldcat.imd l *corpt irss*scab to be herauanito affixed dds 30 day of jAnu me -.--2001 p F MdAN"S FUND INSU�d0leANY *•9i' ;.`` UV NATIONAL S[REff CXRPCIRaANCE �xT�C��)�I{��l i • * THE �• !'f�'�iNTsiO ASSOCIATED YL4S�L 1.VfY�Wi�th '�j'/���rAMERI Mi MOBI EVOURANCE COMPANY STATE OP CALUMM SS. on this 30 of January 01,before me personally came Do= R. ICol.back to we known,who,being me duly sworn,did depose and say:that he is a Vice-Fialdent of each company,dacdW in and which execuled the above instrument:that he knows the scala of the said Companies;that the seals affixed to the said instrument are such corthpany sals;that they were to affixed by order of Cha Board of Directors of said companies and that he signed his us=thi neto by titan nada IN'VaTNESS W IMOD.I have hereunto set my hand and affixed nay official seal.the day and year herein fist above written. * KRISTIN A.SOLI Cuts.ft2dAa7a MAW COMM tirr+Cr+rrf4lbrPi� ia.�'i .a " N STATE OF CALIFORNIA SS. CERTIFICATE COUNTY OF MAItIN L the undersigned. Resident Assistant Secretary of each company, DO HERESY C MTIFY that the foregoing so attacbed POWER OF ATTORNEY remains in Bell force and has not been revoked;and furthermore that Article VII of the By-laws of each company.and the Resolution of the Board of Directors;set fordi in the Power of Attorney,ane now in force. Signed and sealed at the County of Marin. Dated the 30th day of November 2001 ��• io—. — �11, fi' Xlr Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.0.Box 631 (( Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (825)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor .r t Date: 1/18/2002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract!MS# City T.R.A. 8154 SAN RAMON 66383 Parcel#: 206-050-009-3 206-090-004-6 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 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $3,301,600.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Brad Mills of Muni Financial at 800-755-6864 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. THE SECURITY MAY COVER TRACTS 8149, 8150, 8151, 8152, 8154, 8157, 8158 WILLI J. PO Trea ur -T x II ct By: t, p��t1vC1 PA> IMS CCIMUM Windemere BLC La Cmnanv,LLC First American '1; tJ _ The ATM t an Insurance-Co nany 3130 Croy Cyan, on Plate. Suite 310 1355 WJ3.lg,*-Way. #100 5 Peters Canyon Road San Ramon., CA 94583_ Concord, CA 94520 Irvine; CA 92606 Attn: non Larson Attu: Sharon Jones Ann: Miriam Moss Phone: 925/242-0811 Phona: 925LJ58-7025 - _ Phone: 714/368-6000 Bond No. 111 2750 7207 Premium: $14,648.00 13OND AGAINST TAXES Y-NOWN ALL MEN BY THESE PRESENTS: That Windemere RLC Land Company, LLC ,as principal and (Surety) The American Insurance Comp!LnZ ,a corporation organized and existed under the laws of the State of Nebraska _and alliborized to transact surety buaiA033 in California as surety are held and firmly bound unto the'County of Contra Costa„State of California,in the penal sum of Four Million One Hundred Eighty Five ThousandOne Hundred and 00/100 Dollars (S 4,185 100,OO ).to be paid to said County of Contra Costa,for payment of which will and truly be mads,we and each of us bind ourselves,o=heirs,executors.administrators and successors,jointly and severally,firmly by these presents. Sealed with our Seals and dated this 8th day of January 2007. The conditions of the above obligation is such that WHEREAS,the above boynded principal is about to file a Map entitled Tract Numbers: 8149, 8150, 8151;8152/ 8154, 8157, 8158" and covering a subdivision of a tract of land in said County of Contra Costa,and uwe ara certain liars for taxes and spcoial assessments collected as taxes.against the said tract of land covered by said trap,which taxes and special assessments oollacted as taxes,are not yet due or payable. NOW,THERZFORE,if the said Windemere BLC Land Company, LLihall pay sell of the taxes and special assessments collected as taxes which are a lien against said tract otland covered by said map,at the time of the filing of said map of said tract,then this obligation shall be void and of no effect,otherwise it shall remain in full force and affect. (Approval Strap) DATE: ��/IJ/G'� Windemere BLC LAnd Company, LLC BOND Rnyn By: Lennar Homes of California, Inc. �� APP%OVZD its manager CONTRA Z'8 DOUTA ODUMn By: i iCR'C)it Principal (Anwh Ack=*1cdgc=nt The American Insurance Company by Principal) $u (Atmeb AckaowUdgtunt Patricia Biebner, Attorney-in-Fact by Swo:y) COUNTY OF CONTRA COSTA "- DEPOSIT PERMIT ' OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECENED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCs TASK OPTION ACTIVITY AMOUNT ',moi �'�✓y.� L. ��,,":7,.5„ ,.si�k r Y G - J ,,r� yr r�.-�- �./try d �,rlC��"� �J7 � cl'r.✓��s r'.�7,�, �� ,�' J I J'�•i✓ 'L..e'er /7 f.",/'S z,o'j i"' C., f7 .3 ,�.: 4 L: I e, t Ys' ,�•>,�'r;:7`. !t C7 L ` fie+ 37G / ., Lo S! I ?x 4 t s EXPIATION: TOTAL $ �4' '� � DEPOSIT � Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.0,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE `� ASSIGN I The amount of money.described above is for Treasurer's receipt of above amount is approved. Receipt of above amo nt is hereby dpsit into theCpuTreasury. acknowledged. d'. Date✓� . Signed- tom, " EX "` 'rte � Signed: aunty i Deputy County Treasurer Title: , D-34 REV.(7-93) r COUNTY OF CONTItAi COSCA DEPOSIT PERMIT a OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED PR'0 67 `''!x_ tr 'c/.''.'" `'' �' rORGANIZATION NUMBER ✓ °'`r ,� :� %' 'e Z-» (,'�r if'�✓' (Por Cash Collection Procedures sea County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB, TASKPTION ACTIVITY AMOUNT ACCT. i C 1 '' r'SrJ" t' rr 7 ;t,rw/ z!✓` s''� ria10c, �jX 6.1 yi d i i i i i EXPLANATION: I I I I I I I I I j TOTAL $ i DEPOSIT I Deposit consists of the following items CMN and CURRENCY $ CHECKS,M.C� ETC, $_ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT �y PERMIT D c ! NUMBER DATE C w� ASSIGNED i The amount of money described above is for Treasurer's receipt of above.amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Signed: Date. / 1 . Signed: > G?1., Signed: Tifle: EXT. Depyk County A i Deputy County Treasurer. . ' D-34 REV.(7-43) ,. Com'r'./�>"jr�L`",��' �` ,,�/ � C �,�+'�''��•' "'�v',Gvt�y,�'.+Yy G"�r � j '"��-' ,? � �,�'-�"gj, ,�` CSG+ ...yds,�'W`' �'�} ,,/'�,-•r`.� .�,°',� ,. i►',�'•' f ,�'. ,d .+�,j c_.''"