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HomeMy WebLinkAboutMINUTES - 02122002 - C16 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/ 72 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8158,being developed by Windemere BLC, LLC, San Ramon area(District III). The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8158, property located in the San Ramon area, Supervisorial District III, said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Windemere BLC, 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 on the date shown. Originator:Public Works(ES) Contact: Teri Rie(313-2363) G:\GrpData\EngSvc\BO\2002\2-5-02\SUB 8158 ESO-2l.doe WL:lad ATTESTED: - February 12 2002 cc: Public Works-R.Bruno,Constructions Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T-12-5-02 County Administrator Windermere BLC,LLC Attn: Pete Peterson 3130 Crow Canyon Place,#310 San Ramon,CA 94583 The American Insurance company By ,Deputy 5 Peters Canyon Road Irvine,CA 92606 Joye Pukuda,City of San Ranwn RESOLUTION NO.2002/ 7 2 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8158,being developed by Windemere BLC,LLC, San Ramon area(District III). DATE: February 12,2002 PAGE 2 A. Cash Band Performance amount: $7,600.00 Auditor's Deposit Permit No. 378574 Date: December 11, 2001 Submitted by: Windemere BLC,LLC Tax 11)Number: 94-329-15-16 B. Surety Band Bond Company: The American Insurance Company Bond Number: 11133599214 Date: November 30, 2001 Performance Amount: $755,600.00 Labor&Materials Amount: $381,600.00 Principal: Windemere BLC, 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 $3,988,500.00, 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,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 N0. 2002/72 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivisions SUB 8 15 8(cross-reference SUB 7976) Principal: I�U�2-4:6221 --� Effective Date: -' Completion Period: 1 year I� YLLOPER:WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California lirrntedliability Company By:LEN-OBS Windernere,LLC, CONAR&COSTA CM1Y PRINCIPAL A Delaware limited liability company Maurice M.Shiu,Public Works Director Managing Member 1 rt By:Lennar rofCal'omia,Inc., y: (Print name&titk) RECOMMENDED FOR APPROVAL Richard Peterson Vice President r By: (sip—) Engineering Services r 's' (Pry num&ties) 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 representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County'and the above-mentioned Princi ral mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. 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 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 Performance and Guarantee: $ 7,6� cash,plus additional security,in the amount:$ 755:600.00 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 P : Security in the amount:$ 381.600.00 ,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 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. GUARANTE AND WARRANTY 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 ESTABLISHMENTWORK. 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 13Y COUNTY. Inspection of the work and/or materials,or approval ofwork 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 fsilure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold hamiless 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 liabilitio 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. VE .' . Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Comrnfssioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PE ORMANCE 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. 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-W G:K3tpDaa\EngSvc\Wanm\2002Venuu)ASUB 8159 AG-30.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of rCt � 2 � On r a before me Date Name and Title of Officer(e.g.,"Ja a Doe,Notary Pub!)c") personally appeared *,N Cl ^r . � , 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)+s/are subscribed to the within instrument and acknowledged to me that hskJaWthey executed the same inhWhw/their authorized capacity(ies),and that by pE iZA A SNERWOID their signature(s)on the instrument the person(s), COMM.*1313582 or the entity upon behalf of which the person(s) acted, r NOTARY PUBLIC-CAUFORNIA0 executed the instrument. CONTRA COSTA COUNTY Q COMM.Ext'.JULY 16.2005' 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(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-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 National Notary Association-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder;Call Tall-Free 1-800-87$-8827 Subdivision: SUB 8158 (cross-reference SUB 7976) Bond No.: 111 3359 9214 Premium: $2,645.00 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 8158, 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 final map or parcel map for said subdivision. 2. OBLIGATION• 'Windemere BLC Land Com any, 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: Seven Hundred Fiflv-Five Thousand, Six Hundred and no/100 Dollars ($755.600.001 for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Three Hundred Eighty-One Thousand,Six.Hundred and no/100 Dollars($381.600.00)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 furnished,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. SURETY: THE AMERICAN INSURANCE COMPANY Its manager Address: Address: 5 Peters Canyon City: Mission Vie' o 92691 City: Irvine, A Zi 92606 2t By: By: Print Name: Print Name: Patricia Brebner Title: Vice President Title: Attorney-in-Fact WL-lad G:\GrpData\LngSvc\Warren\2002Uanuary\SUB 8158 BN-12.doc 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. I�� GORDON J.PE71ERSM Witness y hand and official seal. commlas1011#1335380 Notary Public-California Orange County MY Com.c=amL �pec 17',20016 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., for Windemere BLC Land Company LLC DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Bond No. 111 3359 9214 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 Grange 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) Z 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 H.BRYAN Comissiort 1306738 7 WITNESS my hand and official seal. Notary Public-Catifornia 3i , Orange County !qtly Comm,.P.xpires Sun 1,2005 SIGNATURE OF NOTA 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 ATTACKED 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•4067/GEEF 2198 0 1003 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURBTY CORPORATION ASSOCIATED INDEMNI'T'Y CORPORATION T'II$AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OP ATTORNEY KNOW ALL MEN BY'THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY',a New Jersey corporation redomesticated in Nebraska, ASSOCIATED 1NDEb0M CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia Brebner bf Costa Mesa, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recogniaances or other written obligations in the nature thereof----------r----- and to bind the Companies thereby as fully and to Ito same extern as if such bonds were signed by the Preskicut,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all ttrat the said Atz ney(s)-to-Fac t may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney Is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that ttre signature of any Vice-Piwident,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney.on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 3 0 day of J art nary , 2001 * 13IREMAN'S FUND INSURANCE COMPANY ��+;,sr,;:°•, ,�a•`' `� °',� �'�"" �.� NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY t; �; *iRrt**{t•Y`# �E iT' '�i�.'E M- �`N"YR ' ASSOCIATED INDEMNITY CCORPOR43ICN jM (j ✓j /MO1 (r INSURANCE VtlPA11 Y STATE OF CALIFORNIA SS. By COUNTY OF MAKIN on this 330 day of January , 2001,beforemoversonallycame Donn R Kolbeck to me krsaown,who,being by me duly sworn,did depose and say: that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies,that this seals affixed to the said instrument are such company seals,that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF.I have hereunto set my hand and affixed my official seal,the day and year herein first above written. r KRISTIN A.GAZZOU COMM.01262M 1l �t ►+orcN civ C `+ Myr corrvn asor ..Apo 2A.aao t A ` N STATE OF CALIFORNIA SS, CER13FICATE COUNTY OF MARIN L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CIDU FY Haat the foregoing and attached POWER OF ATTORNEY remains in full 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 forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 30th day of November 2001 Is asrr xoyor '. �1 n t�' '�'•.......•�"� �kcs t4i +M c A " Resident Aulsunt Tax Coll®ctor's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.0. Box 631f`` {- Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX County Tax Operations Supervisor +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. 8158 SAN RAMON 6638.3 Parcel#: 206-050-009-3 206-090-004-6 206-090-005-3 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 $3,988,500.00 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 WIL I M J. P L K, Tre su er- a C le or By: V RRI1vC P L TTT1t.E.{OMUn � T r Windemere BLC Land Comv„any,LLC First American LILU The &gri an Insurance Company 3130 Crow 0anyon P1a -. Su to 310 1355 Willow Wav, 000 5 Peters Canyon Road San Ramon., CA 94583 Concord, CA 94520 Irvine, CA 92606 Attn: Don Larson Arta: Sharon Jones Ann- Miriam Moss Phone: 925/242-0811 Phone: 225435§=202 Phone: 714/368-6000 Bond No. 111 2750 7207 Premium: $14,648.00 BOND AGAINST TAXES Y—NOWN ALL MEN BY THESE PRESENTS: That Windemere BLC Land_Company, LLC principal and (Surety) The American Insurance Company a corporation organized and.existed under the laws of the State of Nebraska and authorized to uwuact surety baainess in California as surety are held and firmly bound unto the'Coo y of Contra.Costa,State of California,in the penal sun.of Four Million One Hundred Eighty Five Thousand One Hundred and 00/100 Dollars (S4,185,� 100,00� 1,to be paid to said County of Contra Cost&,for payment of which will and ixuly be made,we and each of us bind ourselves,our hcizs,ez eccutora,administrators gad successors,jointly and severally,firmly by these presents. Scaled with our Seals and dated this 8th day of January 2002 Tha conditions of the above obligation is Such that WHER.BAS,the a ve boytuled principal is about to file a map entitled Tract Numbers: 8149, 8150, 8151$-8152e,-81540' 8157, 8158" and covering a subdivision of a tract of land in said County of Contra Costa,and that are certain liens for taxes and special assessments collected as tarns,against the said tract of land covered by said neap,which tastes and special assessments oollected as taxes,are not yet due or payable. NOW,TF3EREp(7RE,if The said Windemere BLC Land Company, LL�pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land 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,otherwiso it shall remain in full force and affect. (Appr©val Sump) DATE:/ L7 Windemere BLC Land Company, LLC. 13ONDR3 By: Lehnar homes of California, Inc. (;p 'Y"A'D AD APPAMED its manager 'RA 009TA 0O111►" TR BY ;TOR Prmcipal �r (.AttachAcknawtcdScmnt The American Insurance Companyr� by Primipbl) $Uret (Attach Aclx6ttwYletigeti nt Patricia B .ebner, Attorney-in-Fact by Surety) i 4W COUNTY OF CONTRA COSTA DEPO$IT PIRMIT OFFICE OF COUNTY AUS-CONTROLLER �{ o-TO TF1E TREASURER. MARTMZ,CALIFORNIA RECE ?FILM ' J !�' "'` ORGANIZATION NUMBER til {Far Cash Collection I mceedures sea County Administrator's Bulletin 105,) DESCRIPTION FUNDJORG. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. j'✓'�`'`/N t.:,+�,�"r"�'. -�' /,G7 ij'f"',,.+ �.�Sf'�ra �e .r.+e� y;;1,� ;�°C:rt!t::�+c� e� 153 IfLZ t t 71' ' "" l� f 7 J�'i'`^�i y`J'7'r� ��".3�y+''�'S^''`GJ r:.✓'its�, ,.�- �'%y S�. .44'�^' �c:C,i�:J''7 `� �C'j X21' !:.t �. s C} t'S � '3f✓ ' r ` `y/5r� s. Gr 7 '10C';p f s a coo 5'40, y. 41�g" '�p l-- '."3,00 f{ �y l 36,4 i ' ".` >r, 1� r `� G✓ €i+' Iii � d i d as A _5 i561 EXPO ANATION: TOTAL $ c>I,,c T 5+ .r'c� y :.".� ` • C~' 5. - C DEPOSIT Deposit consists of the following items y `sfG°ra,'C> .r. :: t ;r!3 'c v - : >,s' ,. .• COIN and CURRENCY $ _. • r{ CHECKS,M.CY.,ETC. $+ BANK DEPOSITS b FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 7 �5 4 01 14 *=t ASSIGN D The amount of money.described above is for Troosurer's receipt of above amount is approved. Receipt of above amo is hereby into the .Treasur)4 acknowledge& r#6: ': t EXT. '—7, moi'Z Sued Signed: D"wty County Treasurer D-34 REV!(7-93} COUNTY OF CONTRA;COSTA DEPOSIT PIERMIT + OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTR*7,CALIFORNIA RECEIVED FPOM ORGANIZATION NUMBER C'/ � ./°"3"i`�d r"'�"r� ✓r' �* - r ' (For C°tnh GoMnction Procedures see County Administrotors Bvlletin 105.) DESCRIPTION FUND/ORQ ASUIL TASK OPTION ACTIVITY AMOUNT r $ r �� / ./ C? : .f ✓ y rr �7rJ.i i � � �i 4S�Ci 4 c�t 2— 1 31 -1 1 1 1 1 1 1 1 1 X1 I' I I I i ,l f 9 .�' ��,�'. ."'�l�""''' t=�r� �'�s''`� 3' t���'=� ;�/'��`" .'l`+ r�`'s✓J j�'S� ,,r'�' f?"d i ,�►G7 ;�r� I I I i i EXPLANATION: TOTAL $ i DEPOSIT Deposit consists of the following items COIN and CURRENCY $ - - - CHECKS,Ma ETC. $, BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSITPERMJT / c NUMBER D 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 the County Treasury. acknowledged Siert Datta / / Signed: �1t. Signed: Title: PXT. Depy& ( County Deputy County Trecrtru w D-34 REV.(7-93) P,--5--,Poo G� .. ids CJo+, c. cv r 67,00d0,..r y'd, G+ c✓,r--wc fir'c y c*v • cit