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Home My WebLink AboutMINUTES - 10012002 - C.10-C.14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002 by the following vote: AYES: SUPERVISORS UILKEMA GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 590 SUBJECT: Authorizing the Public Works Director to refund the cash bond for performance, Minor Subdivision 5983, Alamo area. (District III) On April 15, 1997, this Board resolved that the improvements in Minor Subdivision 59-83 had been completed, as provided in the agreement with Raymond Suppe and Margaret Suppe, heretofore approved by this Board. Also,On April 15, 1997 a$1,000.00 cash bond was refunded(Auditor's Deposit Permit No. 188432, dated April 5, 1991)plus interest to Raymond Suppe. NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the remaining $520.00 cash bond(Auditor's Deposit Permit No. 188432 dated April 15, 1991)plus interest in accordance with Government Code Section 53079,if appropriate,to Raymond Suppe pursuant to the requirements of the Ordinance Code. PE:cw I hereby certify that this is a true and correct copy of an action G:\Grpnata\EngsvC\Bo\2002\10-01-02\MS 59-83 so-58.doe taken and entered on the minutes of the Board of Supervisors on the Originator,Public Works(ES) date shown. Contact: Rich Lierly(313-2348) cc: Public Works Accounting,Tax T.D.556-50-6745 ATTESTED: OCTOBER 01 , 2002 Construction P.Edwards,Engineering Services JOHN SWEETEN,Clerk of the Board of Supervisors and County - Ray Suppe&Margaret Suppe Administrator P.O.Box 1045 Alamo,CA 94507 fl � By �, ,Deputy RESOLUTION NO.2002/ 590 ,; ,a �. .�ti ��•. �c�ti�+Tv.ill�tc�t:CY,�r�ritott��, :"iYC?TFC d r RTit kL.GALIFt'WFA -"cam KOMI VRGAt4zAmNNumw. {k 4�. } (For Cash CoNoction Ptoc#&m tM Cew*y Ld ni►iwia"e t ►Nn 1034 DESCRPTKk� fUtJD1t7RC. TASK t*N ACTNM AMOLNT - SALE OF £'T.Ae'�L5 ,5 SPECS (X34542 9931 � 2021,00 SALE OF PRIN'T'S c , 00.530 9931 306 i 91 SALFS TAX 10030) 0537 2$ �fil r MAF' Lj= Fes: MS 138-90 004522 95f>0 6LO476 5-90 M ' "Imp P'.Ald ItEsV' 's I°.,8-90 6LC14s2 CASH BOM)S 831000 0800 2001,W g 819800 08010 27'20160 SALE OF Fin-f'ERn t�4 30A 007557 992 i REV +,D8554 Wo 00 < ..: DRAIMGE ACfi f EE i t4 I5 007559 • 3t�7 i$d '" t z c�: WA, v[t.�i yy "n Axe 5<d GflCix�`1A+M�. ' h�ry� n i7$22-�.%0139 j VOID.G540835'-ENG. SACS. [MP(1SiS, {: s a Deposit consists of the fogawft �m ,:{ COPT and CMENCY GASH �z83i�,$200,.(K},REC. OF SURVEY,G540825, LD?S 4 & S CtECKS MCtt=TG S a BANK DEP'0=, E r �t; i3 �JiS r FWdl FOR AUDiMR-CONTiK.".a 1S€OP ;K�D3 RAYMM C. SEEP E F'. ..��X�2�fs, ALAMO,Ch 7' s � pe ,, ieee.ae,mRD. DATE CA4tl.EY, � �. , . 1T*artwxsd of rt xy deur r .'w.a k fee Troassuer a n7` it of abom of ot"It oppr&m& pac 0 of ab" is hweby cN deposit iato the C-irAy Tmnury ochrora+c d ti ser fL..r_ _��te1 Trtls ate. ` >: Pt+tYCa+tyAudlie9/v ' i ag ak TAE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA, Adopted this Order on April 15, 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Cenciami.11a, DeSaulnier NOES: None ABSENT: None ABSTAIN: None SUBJECT: Exonerating subdivision agreement and performance bond for MS 59-8311 Alamo area. The Public Works Director has notified this Board that the improvements for Minor Subdivision 59-83, guaranteed in the subdivision agreement with Raymond Suppe have also been bonded and are presently being constructed by the developer of Subdivision 7456. Therefore, the Public Works Director recommends that the Board of Supervisors exonerate the existing subdivision agreement and surety bond with Raymond Suppe. NOW THEREFORE BE IT RESOLVED that the subdivision agreement approved by the Board on November 5, 1991, is hereby EXONERATED. BE IT FURTHER RESOLVED that Amwest Surety bond (No. 1257305) for, faithful performance and labor and materials, is hereby EXONERATED. IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund th , 1,000 h deposit(Auditor's Deposit Permit No. 188432, dated April 5, 1991), plus interest in actor ce with Government Code Section 53079, if appropriate, to Raymond Suppe. 1500 {� t�•e,r owft to oft r a fte and arernot a an a taken a4 am � 10 owdaxev"mms Vw4s RLIU:mw P ft&A. g\en�clb6\bo4-1 s of e�W4 4;A7'*' Originator: Public Works(ES) ► Contact Rich Lieuiy(313-2348) CC Director of Community Deveioptnent Public Works -Accounting -R. Bruno,Construction -7. Misr,Construction Rwlmnd Suppe P.O.Box 256,Ala no,CA 94547 Amwest surety Insurance Company 100 California Sftw� Suite 720,San Francisco,CA 94111 THE BOARD DE SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2tl0215 91 SLI13JECI`: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0001 (cross-reference SUB 7976), East Branch Park being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley)area. (District III) The following document was presented for Board approval this date for PA 0401, East Branch Park, located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, A California Limited Liability Company, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $13,903.00 Deposit made by: Windemere BLC Land Company, LLC, A California Limited Liability Company Auditor's Deposit Permit No. and Date: 391754, August 21, 2402 WL:cw I hereby certify that this is a true and correct copy of an action 6:\CrrpData\EngSvc\BO\2002\10-01-02\PA 0001 BO-16.doe; taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date Shown. Contact: Warren Lai(313-2408) cc: Public Works- T.Hell,Construction ATTESTED: ()C T C)R E Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County T—June 2003 Administrator Windemere BLC Land Company,LLC 3130 Crocq+Canyon P1,#31 o San Ramon,CA 94583 Atm:Brian Olin � St.Paul Lire and Marine Insurance Company BY ,Deputy 333 City Blvd.,West#'1100 Orange,CA 92868 Atm:Patricia H.Brebner RESOLUTION NO.2042/ q� SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for PA 0001 (cross-reference SUB 7976), East Branch Park being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley) area. (District III) DATE: October 1, 2002 PAGE 2 II. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: ST 2225, August 14, 2002 Performance Amount: 51,376,397.00 Labor&Materials Amount: $695,150.00 Principal: Windemere BLC Land Company, LLC, A California Limited Liability Company 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. 2002/591 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: PA 0001 (X-REF SUB 7K-0) Effective Date: -- &VL171r1/L 11'44.4 Subdivider: Wind.emere BLC Land Co. LLC Completion Period: 'I year WINDEMERE BLC LAND COMPANY LLC, A California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC, A Delaware limited liability company CONTRA COSTA COUNTY SUBDIVIDER: Managing Member BY:Lennar Homes of California,Inc., Managing Member Maurice M. Shiu, Public Works Director By: �1 (signature) (print name&Title Don L n,Slice President RECOMMENDED FOR APPROVAL By; 0114, (signature) Engineering Services Di tan (print namt-&`Tits Lynnlochi /Rist.Secretary FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. if Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"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 calved"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: $13,903 cash,plus additional security,in the amount of$1,376,397,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 yeara€ter its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$695,150,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said pant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any 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 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 orwiliful 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 falls 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. :kwaap G:1Grp0atatEngSvc\FormstAG WORDIAG-30A.doc Rev.May 18,2001 ......................................................................................................................................................................................................................................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of # f rI( . County of 1 p ;.� On �4ct,�st— ` :mom before me, � rl "" Data Name and True of officer(e.g.,"Jana 000 otary Public") personally appeared 6,_ f``,a—) ao Kchi rri,, Name(s)of Signers) `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 thedL /they executed the 5 ky- � same in# r/their authorized capacity(les),and that by DEBRA A.t3 io COMM.#1333582 -? -hitftw/their signature(s) on the instrument the person(s), 0 NOTARY PUBUC-CMUFLIRN;s C: or the entity upon behalf of which the person(s) acted, CONTRA COSTA cOu ny 0, executed the instrument. coma.EXP.JULY 16 20(15" WITNESS my and qnd offic�al seal. Signature of Nota ublic 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 Mages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Ci Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner---❑ Limited ❑ General Attorney-In-Fact ❑ Attorney-In-Fact C Trustee • ❑ Trustee El Guardian or Conservator • ❑ Guardian or Conservator ❑ Other: Top of thumb here � ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: t �1949 Nailonat Notary Aaaociailon•823$Remmet Ave.,P.o,Sax 7194•Canoga Park,CA 91304-71$Q Prad.No.5$07 Reorder:oa!!Totl-Eras 1.800-$7fr6827 k COUNTY Of CONTRA COSTA DEPOSIT PIORMIT OFFICE OF COUNTY.AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: - RECEIVED FROM ORGANIZATION NUMBER {Ur�nniaaSian) (for Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORO. SUB. TASK OPTION ACTIVITY AMOUNT $ 2! J AAL f try � �3 { : 6f r r. f �-Z I L I ILI I I L 1 _1 I I I i _L 11 1 1 , k I i I ! I f I EXPLANATION: .— TOTAL $ a DEPOSIT ! ff / 7/�/"7 (0V' Deposit consists of the following i ms C c .i 1 �.. # ' COIN and CURRENCY $ CHECKS,M.Q.,ET $ + 1 BANK DEPOSIT $ ,, / } i FOR AUDITOR-CO OLLER USE ONLY V Y (. DEPOSIT PERMIT DP_ j NUMBER — DATE 191754 AUG '02 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is opproved. Receipt of above omotont is hereby deposit into to County reasury. acknowledged r Signed: Date � A Signed: �� Signed: Title:; 'l ' ' ;,,EXT. � Dep aunty Audi Deputy County Treasurer D-34REV.(7.93) L__1 a l 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: 01093882, $58.108.00, DA 0009/10 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649-9665 / 813000: 61093884, $111,724.00, PA 0001 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 819800-0800: 61093865, $8,291,.00, RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093867, IL-O00.00, 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: 61093872, $1,000.00, SUB 8153 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093875, $1,000.00, SUB 8618 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: 61093877, $2,000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456 Black Avenue, Suite#200,Pleasanton,CA 94566 819800--0800: 61093879, $1,000.00, SUB 8156 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093881, $14.273.00, RA 1123 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093883, $7,201.00, DA 009/10 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC,_3O..Craw..CanysynP..lace0._ an_Ramon, CA 94583 - ------ 819800-0800: -- "" �� - ` 819800 0800 61093885, $13,903.00, PA 0001 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 000678-9191 / 818800: 61094084, $706.500.00, SPRW EBMUD Easement, Placer Title Company/Escrow Trust Account, 1981 N. Broadway, Ste, 200, 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, $500.00, 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, $500.00, 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: PA1(-X-REF SUB 7970) Bored No.: ST 2225 Premium: $3,441-00 IXPROVE WNT SKUKITYROND FOR Punic RicxT OF W 4)(LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Govertunent Cade Sections 66462 and 66463) L RECIT:a►1. Of SUBDIVISION AGKMOKENT: The Principal has executed an agreement with the County to install and pay for public right ofway landscaping,and other related improvements in Subdivision PA 0001 (X-REF SUB 7976) as specified in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with Mate and local laws and rulings Thereunder in order to satisfy conditions for ding of the Final Map or Parcel.Map for said Subdivision. 2. DELIGATION: '' indemere BLC Land Company,)-LC,as Principal, and 8t. Paul Fire and Marine Insurance ccmgany , a corporation organized existing under the laws of the State of Minnesota , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors, and assigns to the County of Contra Costa, Califoia to pay it: A. Performance and Guarantee. One Million Three Hundred Seventy Six Thousand Three Hundred Ninety-Seven Dollars($1,376,397)for itselfor any city assignee under the above County Subdivision Agreement,plus B. Payment: Six Hundred Ninety-Five Thousand One Hundred Fifty Dollars($695,1513)to secure the claims to which reference is made in Title XV (commencing with Section. 3082)of Part 4 of Division TIT of the Civil Code of the State of California. 3. CONDI VIOLA: A. The Condition of this obligation as to Section 2.(A) 4bove is such that if the above bounded Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided.,on is 6r its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Centra Costa (or city assignee),its officers,agents and employees,as thereia stipulated,then this obligation shall become null and void.; otherwise iT shall be and remain in full farce and effect. As part of the obligation secured hereby and in addition to the face arnount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attoorney's .fees, incurred by County(or city assignee) in successfully cn&rcing$Wh obligation,all to be taxed as costs and included in any judgement rendered. The condition of this obligation as to Section 2.(13) above is such that said principal and the undersigned as corporate surety are held firmly bound surto the County of Contra Costa and all contractors,subcontractors,laborers,material men and ether persons employed in the performance of the aforesaid agreement and referred to in the 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 sante in an amount not exceeding the amount herein above set fortis, and also in case suit is brought upon this band, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded arta 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 band shall inure to the benefit of any and all persons,companies and corporations entitled to file clam under Title 15(commencing with Section 3082)of Part 4 of Division 3 Of'the Civil Cade,so as to give a right ofaction to there or their assi ps in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full farce and effect. C. NO alteration of said 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;ami.consent is hereby given to make such alteration without Amber notice to or consent by Surety,acid the Surety hereby waives the provisions ofCalifornia Civil Cade Section 2819,and holds itselfboutttl without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALE[!on August 14, 2002 WINDEMERE BLC LAND COMPANY, LLC By: LENNAR HOMES OF CALIFORNIA, INC, ST. PAUL FIRE AND MARINE PMCIPA .- its manager $itiJ�' " INSURANCE COMPANY 3"130 Crow Canyon, Suite 30C} Address: Address: 333 City Blvd. West #1100 City: San Ramon 94583 Cit,, Oran e xA p; 2868 Print Metre; Lawrence H, cam scanPrixttNatrte: Patricia H. Brebuer Title: vice President Title: Attorney-in--Fact V47.CW .iGzptkantEsrg3vttW47teniZUtt2ta�E7 S153 69-IZA-WC 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. 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. ST2225 Number of Pages: Two (2) Date of Document: August 14, 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On 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) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS�H.BRYAN WITNESS my hand and official seal. r Commission#1306736 z -� Notasy Public-California orange County t 3 My Comm.Exn i'os Jun 1,2005 SIG-VAT-URE 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 [-1 INDIVIDUAL ® CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) PARTNER(S) LIMITED © GENERAL ® ATTORNEY-IN-FACT TRUSTEE(S) © GUARDIAN/CONSERVATOR NUMBER OF PAGES F] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON($)OR ENTITY(IES) SIGNER($)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 01893 NATIONAL NOTARY ASSOCIATION•823E Remmet Ave.,P.O.Box 7184-Canoga Pant,CA 91309-7184 k . UeStft 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. 1401275 I KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a eorpotation duly organized under the laws of the State of Netiv York,and that St. Paul Fire and Marine Insurance Company,St, Pau: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 o€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 d::'ly 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. Abet,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough.and Alexis H.Bryan of the Laity of_ Costa Mesa Slate California v � 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£he ' performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedbigs allowed by law. IN WITNESS WHEREOF,the Companies have caused this instru-nent 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 l - z �f'�oxv,.,n�t�';' z;°ger_..�hT-ice, aCNtFC > ORAIEO 1>ETF.It 1�,./CARMAN,V1 cc Pres��eart -' SSttC:fa" get;SBAL,+ba° oFr+Ev+ Lr,,,�ca ,14Nh,�va 1r...,n q�AtN� x I I State of Maryland City of Baltimore THOMAS E.HU?I3RF.(iTSE;,Assistant Secretary On this 4th _day of October � 2001 before are, the undersigned officer, personally appeared Peter W. C,,erman and Thomas E. Ilnibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,o€Seaboard Ssurety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company.St.Paul Mercury insurance Company,United States Fidelity and Guaranty Company,ridelity and G:aranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are tae corporate scats of I said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes ihereir.contained by signing the;sanacs of the corporations by themselves as duly authorized officers. j,EA �m JJ In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the Is,day of July,2006. QqF City� REBECCA EASLEY-ONOKALA,Notary Public I 7 86203 Rev,7-2002 Printed it U.S.A. This Power of Attorney is granted under and-by the authority of he following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paui Fire and Marinc Insurance Conal>any, St. Paui Guardian Insurance Company, St. Paul Mercury insurance Company,United States Fidelity and Guaranty Company, E idclity and Guaranty Insurance Company,and Fidelity and Guaranty Ins=:ranee Underwriters,Inc.on September 2, 3998,which resolutions are now i:i `U;: `fired and s`fect,reading as follows: RESOLVED,S93f i'EH,that;n connection with the fidelity and surety insurance bustncss of the Company,all bonds,undertakings,contracts and other instruments relat0l to said'business may be signed,executed,and acknowledged,by persons or entities appointed as Atter ney(s)-in-Fact pursuant to a Power of Attorney issued in accordance wit(.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 t,-,c Chairman,or the President,or any Vice Presidert,or air Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers rnav be engraved,printed or lithographed. The signature(if each of the foregoing oSf'icers and tee spa;of ti e Company may be affixed by faesitni,e 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 anti other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any { sue?:Power of Attorney or certificate bearing such facsimile sigravure or facsintile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal s tail be valid and binding upon the C;orttpany with respect to any?)ond or undertak::ng to which at is validly attached;and RESOLVED FURTHER,that Attorneys)-in-Fact shail have the power and authority, and, in any case, subject to the terms and limitations of the Power of s Attorney issued them,to execute and deliver on behalf of tae Company and to attach the seat of the Company to any and all bonds and undertakings,and other wr4ings obligatory ill the nature thereof;and any such instrumentt executed by such Attorney(s)_i7—Fact shall he as binding upon the Company as if sig:.ed by an Fxecutwc Glficer and scaled and attested to by the Secretary of the Companv� I, F';iornas E.Huibrcgtsc,Assistant Secretary of Seaboard Surety Company.St. Pau!Fire and Marine insurance Company;St. Paul Guardian Insurance Con.pany., St.Paud Mercury Insurance Company,United States Fidelity and Cuaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaraay Insurance Unde'nvriters,Inc.do herebycerfif that the above and foregoing is a true and correct co o;the Power of Atto,ne executed b said Companies,which is iia full force Y• 5 g`- copy Y Y P" # and of ect and has not been revoked. r t u ile'TESTIMONY WHEREOF,I hereunto set m_y hand this Loth_. day of Aust 2002$ , _.� Y? FttdAk^R}5�,.,Y <'r' pPfRSTf Tn w, - }�^i - aJ 19� Dios, assnx Thomas E.f:nibreg£sC,Assistant.,.t.c a:y .7b verify the authenticity=of this,Power rsf'3ttorney,call 1-800-421-3880 and ask,fvr the:Power gfAftorney clerk. Please refer to the Newer of Attornley number,the above-named individuals and the details of the bond to which the power is attached. i S I t E f 't THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 1, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, nESAULNIER, GLOVER, ANI) GIOIA NOES- NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20021 592 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1123 (cross-reference SUB 7976) being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley)area. (District M) The following document was presented for Board approval this date for RA 1123, located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC, LLC, A California Limited Liability Company, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $14,273.00 Deposit made by: Windemere BLC Land Company, LLC, A California Limited Liability Company Auditor's Deposit Permit No. and Date: 391754, August 21, 2002 WL:cw I hereby certify that this is a true and correct copy of an action G:\GrpData\EngSvc\BO\2002\10-01-02\RA 1123 BO-16.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date shown. Contact. Warren Lai(313-2408) cc: Public Works- T.Bell,Construction ATTESTED:.. _ OCTOBERb , 20Q2. Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and County T—June 2003 Windemere BLC,LLC Administrator 3130 Crow Canyon P1,#314 San Ramon,CA 94583 Attn:Brian Olin St.Paul Fire and Marine Insurance Company By Deputy 333 City Blvd.West,#I 100 Orange,CA 92868 Attn:Patricia H.Brebner RESOLUTION NO.2002/5 9 2 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for RA 1123 (cross-reference SUB 7976) being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley) area. (District 111) DATE: October 1, 2002 PAGE 2 11. Surety Bond Bond Company: Sit. Paul Fire and Marine Insurance Company Bond Number and Date: SV9493, August 14, 2002 Performance Amount: $1,413,027.00 Labor&Materials Amount: $713,650.00 Principal: Windemere BLC Land Company, LLC, A California Limited Liability Company NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVER. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/592 SUBDIVISION AGREEMENT (Richt of Way Landscaping) (Government Cade §66462 and §66463) Subdivision: RA 11123 (X-REQ'SU 71376) _ __-- Effective Date: f Subdivider: ' a^tr,�rlr5�.rgrct:� rsirG u�L Completion Period: 'I year 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 t By: (signature) (print name&Title) Don Larson,Vice President 's RECOMMENDED FOR APPROVAL: - a LBy: A (signature) Engineering Seryl Dk ks(C)n (print name&Title); Lynn 3ochitmt Asst.Secretary FORM APPROVED: Victor J. Westman, County Counsel (NC'3TE.All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTII S_&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: $ 14 273.00 cash,plus additional security,in the amount of $ 1.413 27.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check, X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. F'or Pgym_ent: Security in the amount of$ 713 660.00 which is fifty percent(50%)of the estimated cost of the works. 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 fora period of one-yearfrom and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,„Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense; any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5, PLANT ESTABLISHMENT WORK, Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequateiy watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY.-Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers, agents, and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death, property damage,inverse condemnation,or any combination of these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer, agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. CQST : 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. it. NON-PERFORMANCE AND COSTS: If Subdivider falls 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 ether expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the hoard 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 leder of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD_MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. — – •kw:iap G:kGrp0ata�En9SvcTorn-*\AG WORMAG-30A.doc Rev.May t$,2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Mate of cry ; 1 County of C oLil . On 1 t: 02, before me, bath Name and Tale of Officer(e.g.,"Jane Doe,Nol Pubfl personally appeared if � `i ►� i is t i , Name(s)of 3fgner(a) personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Aare subscribed to the within instrument and acknowledged to me that /they executed the same in hif#�/their authorized capacity(ios),and that by Wit-Co A.m #131,�4°C2JA .h am/their signature(s) on the instrument the person(s), NOTARY Punt&CAU�OR .AQ or the entity upon behalf of which the person(s) acted, CONTnA CC5?4C:i vTy 0 CCfivt>`h.AXP.SUZY%5,2v�.,.5 s executed the instrument. WITNESS my hand arLd,official seal. y� 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) Cather Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Titles): Title(s): 11 Partner--❑ Limited ❑ General ❑ Partner—[❑ Limited ❑General ❑ Attorney-in-f=act ❑ 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: I 01495 National Notary Aasociation-8236 Remmet Ava.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.6907 Reorder;Call Tolt-Free 1-800-876-6827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY_AUDITOR-CONTROLLER 'Kl TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM :r r`y ORGANIZATION NUMBER `�' ' r (For Cash Collection Procedures sae County Administrator's Bulletin 10&) DESCRIPTION FUNDJORG. A TASK OPTION ACTIVITY AMOUNT $ — I 07` /v -3 z10 J L 11 L 111 -- c ' T 6 71 33'J'1 L, 4 i i s E 1 EXPLANATION: - TOTAL $ E - oCDy .: 91 4ws i) DEPOSIT 34/ # � � '�� ,� %� ;.� � �L-9 2757Z7' Deposit consists of the fcs#Iowirtg' s L� w f� 0COIN and CURRENC-YA $ q! CHECKS,KO,ET $ « l BANK DEPOSIT ' $ y ., C / {.:, C - FOR AUDITOR-CO T OLLER USE ONLY . AVI dV o o o .,�a C i ` � DEPOSIT PERMIT D r NUM DATI 1 754 AUC" : 1102 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above omo is hereby deposit into ItsCountysury, acknowledged. Date Signed Signed: Titte: 4" + .EKT Da ounty Auudl 1:5eputy County T usurer D-34 REV.{7-43} ' 000649-9665 l 813000: 61093880, 114.684.00, RA 1123 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon dace#310, San Ramon,CA 94583 000649-9665 1 813000: 61093882, $56,108.00, DA 0009110 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place #310, San Ramon, CA 94583 000649.9665 1 813000. 61093884, $111,724.01?, PA 0001 Landscape Inspection Deposit, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093865, 8 291.00, RA 1124 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 01093867, 1 000.00, SUB 8619 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: 61093869, 2 170.00,RA 1133 Road Acceptance Cash Band, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61.093871, 1„000.00, SUB 8155 Landscape Improvement Cash Band, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 819800-0800: 61093872, 1000.00, SUB 8153 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: G1093875, 1{000.00, SUB 8618 Landscape Improvement Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093877, i2 000.00, SUB 8262 Cash Bond, Sherman Ranch LLC, 4456 Black Avenue, Suite#200,Pleasanton,CA 94566 8198000800: G1093879, 1.000.00, SUB 8156 Landscape Improvement Cash Bond, Wi dr�r+ C a ►d�Cr inpiiriy�C;317313 Cro nnyan Ptme-#3-10;-San:.Ramon,CA 94583 819800-0800: 61093881, $14.273.00, RA 1123 Landscape Improvement Cash Bond:,.. M r"" Windemere SLC Land Company,LLC 3130 Crow Canyon Place#310, San Ramon, CA 94583 8198000800: 61093883, j720_100, DA 009/10 Landscape Improvement Cash Bond, Windemere BLC Land Company,LLC, 3130 Crow Canyon Place#310, San Ramon, CA 94583 819800-0800: 61093885, $13,903.00, PA 0001 Landscape Improvement Cash Bond, Windemere SLC Land Company, LLC, 3130 Crow Canyon Place#310, San Ramon,CA 94583 ky 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, I72,634.00, SPRW EBMUD Temporary Easement, East Bay Municipal Utility District, Accounts Payable,PO Box 24055, Oakland, CA 94623 000649-9665 / 813000: 61093858, $500.0f}, RS 2695 Record of Survey Map Check Fee, Bud LoVerne & Rosalia Simmons, 3859 Joan Avenue, Concord, CA 94521 000649-9665 / 813000: 61093859, $500.00, RS 2694 Record of Survey Map Check Fee, beBolt Civil Engineering, 811 San Ramon Valley Boulevard, Danville, CA 94526 000649-9665 / 813000: 61093860, $500.C1tJ, RS 2693 Record of Survey Map Check Fee, Patricia 5, 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, $500.00, RS 2697 Record of Survey Map Check Fee, Robert W. Randles & Ling Ling Li, 1 Chapparal Place, Orinda, CA 94563 000649-9665 / 813000: 61093864, $6b,a326.00, RA 1124 Landscape Inspection Deposit, Windemere RLC 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, $5,0_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, 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, $11.476.00, SUB 8262 Inspection Fee Deposit, Sherman Ranch LLC,4456 Black Avenue, Suite#200,Pleasanton, CA 94566 Subdivision:'' RA 1123 (X-REF SVB 7976} Bond Nog SV 9493 Premium: $3,533.00 IXPRt3V A lWNT SFCURM BO FOR 1B1..1C RIGHT oFWA'Y LNDSCAPE AGREFWNT (Porforraa ace,Guarantee, and Payment) (California Government Cade Sections 656462 and 66463) 1. RECITAL OF Sunbtvt ION A CCE NT: The Principal has exeeuted an agreement with the County to install and pay for public right of way landscaping,and other related improvements in Subdivision 1-.41123 (X-REQ'SUR 7976) as specified in the Subdivision Agreement (light of Way Landscaping), and to complete said work within the time Specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with. State and local laws and icings thereunder in order to satisfy conditions for filing of the final Map or Parcel Map for said Subdivision. OBLIGATION: Windemere ULC Laud Company,LLC, as Principal, and St. Paul Fire and Marine Insurance Company ,a corporation organized existing under the laws of the State of - -- Minnesota , and authorized to transact surety business in Califorrua, as Surety,hereby jointly and severally Mind ourselves, our lieu's, executors, administrators, successors, and assigns to the County of Contra Costa., California to pay it- A.. Pertormance and Guarantee. Out Million Four Hundred Thirteen Thousand Twenty-Seven Dollars($1,413,027)for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Seven Hundred Thirteen Thousand Six Hundred Fifty Dollars($71.3,6511)to secure the cWms to which reference is made in Title XV (commencing with Section 3082) of Pati 4 of Division III of the Civil Code of the State of Califorzxia. 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 stared io 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 is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costs (or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shalt become null and void; otherwise it shall be and remain in fall farce and effect. As pan of the obligation secured hereby and in addition to the face amount specified therefore,there shall he included costs and reasonable expenses and fees, including reasonable anorney's fees, incurred by County(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 ?.(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,labors,material mien and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for mounts 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 mond, will pay, in aline i to the fact amount thereof, costs and reasonable expenses and fees, including reasonable atturuey°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 bond be fully performed thea 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 anyplan 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 alte=ration without farther notice to or consent by Surety,and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on August 14, 2002 WINDEMERE BLC LAND COMPANY, LLC By: LENNAR HOMES OF CALIFORNIA, INC. ST. PAUL FIRE AND MARINE PONCMAL: its manager SURETY: INSURANCE COMPANY Address: 3130 Craw Cantron, Suite 300 Address: 333 City Blvd. West #1100 City- San Raman 94583 City: Orange CA zip: 92868 -- By: y Print Name: Lawrence H. .son PrintNarne: Patricia H. Brebner Title: Vice President Title: Attorney-in--Fact W1,fiw iii.%GrpU4QTngSvc:1NAlAeR+2wzw AugugSUB 6153fW 12+'►.tWC CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran-me 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. 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. SV9493 Number of Pages: Two (2) Date of Document: August 14, 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange Can August 14 2002 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,",LANE 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. ALE;XI�H_WBRYAN Commission#1303673 WITNESS my hand and official seal. Notary Publ:c-CAlifarrua 3 b z orange County My Comm,Expires.furs 1,20 SIGNATU9 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--408771GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91308-7184 TheSl � POWER OF ATTORNEY Paul Seaboard Suretv Company United States Fidelity and Guaranty Company E 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 3 a s Power of Attorney No, 7 Certificate No. 1401279 KNOW ALL MEN BY THESE PRESENTS:'chat 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 dilly organized under the laws of the State of Mi nesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and feat Fidelity and Guaranty insurance Company is a corporation duly organized under the Iacvs of the State o;Iowa,and that Fidelity and tivarasty It}suraa_ce Underwriters, r ine. 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 CostaMena _.._._,State_ California _,their rue and lawful,Attorneys)-in-Pact, each in their separate capacity ifmore than one is named a'b'ove,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 Compasses 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 rave 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,tic. St.Paul Mercury Insurance Company / E 5UREry ,cin` ori..ixsG a�:.'"-xsW. Y' tY * - ANY t�g'6?•P�QAAT* LQtic9'�40N4Tq-;T+ PETER W.CARMAN,Vice President 1927 :oma s 58u 's SEA:. .'ate State o,Maryland City of Baltirto"e T1IOMAS E.HUIBREGTSE,Assistant Sacact;ry On this_ 4th _day of October _� 2001 before:rte, the undersigned officer, personally appeared Peter W.Carman and Thomas E. limbregise,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 Fidehty and Guaranty Insurance Underwriters,Inc.;and that the seats affixed to tine foregoing instrument are the corporate seals of said Conrpar_ies;and that they,as such,being authorized so to do,executed the foregoing instrument!(it the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. . Gh0As�`�� In Witness Whereof,;hereunto set my hand and official seal. nt, Ry r 1C My Commission expires the Ist day of July,2406. REBECCA EASLEI=ONOKALA,Notary Public �E CiSY l fi E 86203 Rev. 7-2002 Printed in U.S.A. s T-is Power of Attorney is granted under and by the authority of t`.ie S'ollowing resolutions adopted by the Boards of Directors of Seaboard Surety C oamny,St.Paul 'ire and MaFbie nsu an c Company, SL Paul Guardian Insular c;,Company, St. Paul Mercury Insurance Company, United States Fidelity and Civaraniy Co many, ° idebly and Gua.ants Insurance Comma m and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, '998,wV ich.resolutions are now in full force and effiw,rcad ng as follows: RESOLVED,fiat in connection with the fidelity and surety insurance business of the Cornpary,all bonds,undertakings,contracts and other instrurnents reiat€ng 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 ire accordaacc with mese resolutions. Said Power(s)of Attorney':or and(in behalfof the Company may and shall be executed in the name and on behalf of tale Cot pang either by the Chairman,or time president,or my Vice President,or an Assistant Vice Pees;dtnt,ioiufly with the Secretary or an Assis-tan". Secretary, u a t aew respeefive designaf ons The signature of such fray ay be engraved,printed or lithographed. The signature of each of the foregoing officers and f t.. s„,.,o t re Company ray be af"axed by,acsimr e to any Power of Attorney a to any cerYificatc relating thereto ampointing Attarney( ) ,rr-Fact for purposes only of e xe ting and atic inb bonds and undertak gs and other writings obligatory in the mature thereof,and subject to any limitations se'fort i`terein,any such"o-wer of Attorney oi .e.t,ficate bearing such facsi=mile signature or facsrc;ile sea!shall he valid and binding upon the Company,and any soca power so executed and certified by such facsimr"Ie 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 PESOL 7ED EiJifl`HER £hat Attorneys)-in-`Tact shall have the power and authority,and, in any case,subject to the terms and iimitatons ofthe Power of Atio ley issued there,to execute and deliver cn behalf of the Company and to attaca the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof and ally such iustn.meat executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by tin "7xecutive Officer and sealed and attested to by he Secretary of the Company. !.Thostas E.Fluibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Gu rd=an Insurance Company, St. Paul Mercury insurance Company,i rtiYed States Fidelity and Guaranty Company,Fidelity and Guaranty insurance Company,Dad Fidelity and Guaranty[rsur,rar"Ce Underwriters,Inc.do hereby certify that`ane above and foregoing is a true and correct copy o€the Power ofAttorney executed by said Companies,which is in foil forcc # and eifec,and has not been revoked_ IN TESTIMONY WHEREOF,I hereunto set my hand this 14th day of August2002 o 1i.wu,^,"wM AtN i 1 Thomas E.limbregtse, SS sl2nr Secretaey To verify the authenticity of this Power ql Attorne;,call 1-800-421-3880 and as&for the Power ajAvornq clerk. Please refer to the Power of"Attormev n;toibee,the above-named individuals and the:details of the bond to which the Power ze attached f `s s t t 't �o °^ _......_..-_..._.. ......v.-..._-._....�..._.._. ��.....e..,,....-�.....�....__......_....__..vim.,,.-.._.......T,.-- .....__...__.....................».a....,,-..,....T_...._._....�_.....- ....,......___^.......�...__�. .___..-..._..._--- .. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October 1, 2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 5 9 3 SUBJECT: Approval of Road Improvement Agreement for Gale Ranch Trails,RA 1136,(cross- reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Gale Ranch Trails, Road Acceptance file RA 1136 (cross-reference Subdivision 7984) property located in the San Ramon (Dougherty Valley) area, Supervisorial District III. A Road Improvement Agreement with Shapell Industries of Northern California,principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement,within one year from the date of said agreement.Improvements generally consist of trail and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action SG:cw taken and entered on the minutes of the Board of Supervisors on G:\GipData\EngSvelBO\2002110-01-02'\RA 1136 BO-15Adoc the date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) ATTESTED: OCTOBER OI, 2002 cc: Pubic Works- T.salt,Construction CJOHNSWEETEN Clerk of the Board of Supervisors and County Planning,Community DeveloptnenT � peryour tY T—August 2003 Administrator Shapell Industries of Northern California P.O.Boz 361169 100 North Milpitas Blvd. Milpitas,CA 95035 ATT:Sam Worden&Steve Savage By ,Deputy National Fire Insuan"Co.of Hartford �. 21650 Oxnard Street,#600 Woodlandl-lills,CA 91367 RESOLUTION NO. 2002/5 9 3 SUBJECT: Approval of Road Improvement Agreement for Gale Ranch Trails,RA 1136,(cross- reference Subdivision 7984) being developed by Shapell Industries of Northern California, San Ramon(Dougherty Valley)area. (District III) DATE: October 1,2002 PAGE: 2 I. Cash Bond Performance Amount: '$7,100.00 Auditor's Deposit Permit No. IJP 392399 Date: September 4,2002 Submitted by: Shapell Industries of Northern California Taxpayer identification number: 95-2578030 II. Surety Bond Band Company: National Fire Insurance Company of Hartford Bond Number and Date: 929247997,August 23, 2002 Performance Amount: $699,400.00 Labor&Materials Amount: $353,250.00 Principal: Shapell Industries of Northern California NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/593 ROAD IMMO—VEMENT AGREEMENT Developer: Shay-ell Industries of Northern California Effective Date: o Development: RA 1136(cross reference S0,79U) Completion Period: 1 year Road: Gale Ranch Trails THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director Ey: (signature) ! (printname&i ) 4 RECOMMENDED FOR APPROVAL Ey: (signature) Engineerin S rvices 1I vision (print Rall&&tale) o��i e—, FORM APPROVED: Victor J.VWestman,County Counsel Yg d (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $7.100.00 cash,plus additional security,in the amount of$699,400.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$..353_250. 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 Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLI5I�Jlj NT WORK. Developer agrees to perform establishment work for landscaping installed under this agreem:at. Sa:; plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work de.,stained by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the.Board of Supervisors accepts the work as complete. 6. MOVEMENT PLAN Ma AAI�KTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall snake whatever changes are necessary eo accomplish the work as promised. 7. NO"WAIVER BY CO€3N7Y. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agen.<.;,T employee of the County indicating the work or a-ay paft thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said=,ork and/or materials,or payments,therefor,or ae combination or all of these acts,shall not relieve the.Developer of his obligation to fulfill this agreement as prasc�ribed,not, 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 it-reof. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The iLdem;:ities benefitted and protector#by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and emp€o-.mss. 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 cay, su inn fig—bili ty are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. N9n&onAi ons: 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 specifications)in Connection with this work,or has insurrance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PF 2FFfI,�Rl1AANCE AND COSTS:If Developer fails to complete the wont within the time specified in this Agreernent,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all cis incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11, INCORPORA,TIONANNEXA_DON. If, before the.Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all theterrns of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION, in consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said developpmem assuming it fully complies with other applicable regulations_ ____, County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. _ Other(requires County Counsel approval RL:kw '.'S t ," Ci ,i=Data',EngSvc\Forms�AG W4RL3SAG-24.ctac €c v.A1-01 5,2OW CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r State of California *- _r%, 1 ,? .� ss. > County of = 3 , : e ,: ; r On before me, <yi Date ,, Name and Title of Off cer(e,g_".lane CSoo Neta y, 1tG) j t t Npersanall appeared j Name(s)of Signer(s) �:• ,personally known to me > 7] proved to me on the basis of satisfactory evidence y\, Ili � s to be the persan(sl whose name(s) .f dare ' < subscribed to the within instrument and i { acknowledged to me thatelthey executed ? z JANtCE Y.�Cf2L1 sE the same in l,tis�h lthelr authorized �^ Commissions 131 i0?7 capacity(ies), and that by A� ltheir T NOtary Public-California signature(s) on the instrument the person(s), or r< Santa Clara County r the entity upon behalf of which the persons) ' 2w MY Can ert. Firsag24,25 acted, executed the instrument. WITNESS try hand and official seal, �I Pact e Notary Seel Above / Sngnature of Notary Public i C7Pl�l�NAL iii 9,1 Though the information below is not required by few, 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 Dgcument IA TIte or 3;Iy"7e of DOc.,..^"2C.flt � t � _a � �'k � ,.�',.a��'•,r v',,, €"_ �;`�"t nrp- � ti �`e ocue nt Date: Number of Pages: Signer(s) Other Than Famed Above:_ U> r Capacity(les) Claimed by Signer Si er's Name:_ uindividual CCpC)rat£t3f`tCer—Titiefcl .Top of thumb here PS i `i. i I Partner—LJ Limited F�Genera' Cr In,; LJ Attorney it =act nr z L7 Trustee j [-1 guardian or Conservator ,> Other: Signer is Representing: 0 2833 Nation;i4o;ary Association•9350 Ce Soto Avs-,P.o.Box 2482•Chalsworlh,CA 91313--2402•www-nationaiectary.o g ?'rod.No.538; Reorder:Cail Toll-Free'.-80O-876-6827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA i.- RECEIVED FROM ORGANIZATION NUMBER C , 3 {ckga,�E.msian} � �� Log VS (For Cash Collection Procedures see County Administrator's Bulletin 145.) DESCRIPTION FUNDJORG. ACC. TASK OPTION ACTIVITY AMOUNT I66 � E W6 0 D'� .noliA',664 LAW 115, DOD:X �5LAI � r' f / I 3 i ' I E I E I I i i i t I I E E i I E E I I I EXPLANATION: I I I I TOTAL $ DEPOSIT } Deposit c sts following items ,,. e.-La�,. �; .7 €N and CURRE Y $ CHECKS,M.C}ETC $ BANK DEP ITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT Dt NUMBER DATE _ r n42 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of obo 'brnount is hereby+ depo it into the County Tre fury. acknowledges f I Signed- ,�'.-��.r � ,,?; ti' Date t Signed: 12 Signed: Tine: ,•'f ' ) ;` % ,1f'!EX. ;_' L16;-, pu County Au it Deputy County 'surer D-34 REV.(7-93),. f w 000649-9665 / 831000: 61093923, $500.00, SUB 8158 Map Check Fee, Windemere BLC Land Company, 3130 Crow Canyon #310, San Ramon, CA 94583 000649-9665 / 831000: 61093924, $500.0 0, RS 2703 Record of Survey Map Check Fee, Brian Kangas Foulk, Consulting Engineers-Planners-Surveyors, 2737 North Main Street, Ste. 200, Walnut Creek, CA 94596 000649-9665 / 831000: 61093925, $500.00, RS 2702 Record of Survey Map Check Fee, Rose M. Sandecki 4 Nancy Pamela White, 5701 Pine Hollow Road, Clayton, CA 94517 000649-9665 / 831000: G1093926, $500.00, RS 2701 Record of Survey Map Check Fee, Titan Real Estate Investments LLC dba The Crossroads Building, 2960 Camino Diablo, #300, Walnut Creek, CA 94596 000649-9665 / 831000: 61093927, $1,625.00, SUB 8531 Major Subdivision Map Check Fee, ,7anin Associates, 957 Stow Lane, Lafayette, CA 94549 000649-9665 / 831000: 61093928, $19.900.00, DP 3001-91 Inspection Deposit, Down To Earth Grading, Inc., 11400 Marsh Creek Road, Clayton, CA 94517 000649-9665 / 831000: 61093930, $15,300.00, RA 1136 Landscaping Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1093931, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $24.700.00, DA 0014 Landscaping Inspection $ 9,900.00, DA 0014 Landscaping Plan Review 000649-9665 / 831000: G1093933, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 $18.500.00, DA 0016 Landscaping Inspection $ 7,200.00, DA 0016 Landsca in Plan Review 11-1---6-f9800-0800: 61093930, $7,100.00, RA 1136 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093931, $4,700.00, DA 0014 Cash Bond, Shapell Industries of Northernmf m California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 61093933, $3,300.00, DA 0016 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 Bond No.: 929247997 RA-1138(XREF SUB Development: 7984),Gale Ranch Trails Premium: $3,497.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement (Road Improvement Agreew-emWWROsuk County to install and pay for street, drainage and other improvements on, or along 7984) Gale Ranch Trails to complete said work-within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION' Shapell Industries of Northern California, A Division of Shapell Industries, Inc. ,as Principal and NaWnsl Fire Insurance Conyany of Hartford , a corporation organized under the laws of the State of CT , and authorizedd to transact surety business in California, as Surety,hereby jointly and severally bind ourselves, our heirs,executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performnee: Six Hundred Ninety Nine Thousand Four Hundred Dollars and 001100 Dollars ($ 699,400.00 ) for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Three Hundred Fifty Three Thousand Two Hundred Fifty Dollars and 001100 Dollars ($ 353,250.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. 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, 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 Dept 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 M 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 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 undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof, reasonable costs, expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (cdmmencing with Section 3082 of Part 4 of Division 3) of the Civil Cade of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGILSTED AND SEALED: The undersigned executed this document on August 23, 2002 Shapell Industries of Northern PRINCIPAL: California,A Division of Shapell Industries, Inc. SURETY: National l=ire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 21650 Oxnard Street, Suite 600-4 City: Milpitas, CA 950 City: WoodlcInd Hills, CA 91367 f B By: y: Pant Name: Nathan a ell Print Name: Mar ar,et F. Leong s Title: President I Title: Attorney-in-Fact By: Print Name and Title-,,MIargaret Leong,.fSe etary :MWa natBTn&SvcT \B-N WORDVAdoc ................................................... _. _ __ _ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Margaret Leong,individually of Beverly Hills,California their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 18th day of June 1998 CONTINENTAL CASUALTY COMPANY tNStU4e� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD y AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA != • JULY It, SEAL Ism a Aftl* 11xg7 � i� • Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 18th day of June 1998 ,before me personally came Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. Jo NOTARV +PUSUC My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1,Mary A. Rib€kawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is sti€l in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse herW are sti€l in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this L,``-day of ty ..r `,, s' j .c a CONTINENTAL CASUALTY COMPANY My 1k #�y Z NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 00"PoRAa ill f0 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA �o. JULY ii, fit) SEAL � E962.D tag? �iAN • (Rev.10J1 t97) Mary A. Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Croup Vice President or the Board of Directors,may,at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vi—Execution of Obligations and Appointment of Attorney-in-Pact Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Croup Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Croup Vice President may at any time revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly calved and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint, by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Croup Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." ............. _..._............................................................................................ State of California County oI Los Angeles before me.--A"it? E�..:-Ha-yl i Na j r-�L �j oaf's �f NAME. r1TLE OF OFFICE A.• JANE 00E.NOTARY PUBLIC' personally appeared Margaret F. Leong NAME(S)OF SIGNER(S) (-L-) personally known to me–OR – (—) proved to me on the basis of satisfactory evidence to be the psrson(sj whose name(x) is/&YA subscribed to the within instrument and acknowledged to me that M/shes) 7Cexecuted the same in kWhef/XNPU<authofized capacity(140, and that byZWher/tfW signature(io cn the instrument the person(g), or the entity upon behalf of which the person{o acted, executed the instrument. WITNESS my hand and official seANN ed. rfs ry k! C3 SIGNATURE OF NOTARY �. ''`:;'�tr tis�S.Y,\`. ',. •., 4a2'e£."s.3R ar,:�ldYfi °T� OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED 13Y SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) {�} LIMITED GENERAL (X) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) (�) GUARDIAN/CONSERVATOR OTHER DATE OF DOCUMENT SIGNER IS RE'PRESE'NTIN©: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of art ar- SIGNER(S) OTHER THAN NAMED ABOVE c•�a�.►ze-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California a County of Los Angeles ss. Ss F, On�, � ' - � �„_ beforeme,� Ann Pellat ��Varpit6lir jr Date Name and Title of Officer(e.g.,"Jane Coe,Rotary Pubiicl personally appeared NathaniN Shapel 1 and Margaret Leonc blame{s)of Slgoor{s) Xpersonaily known to me ❑ proved to me on the basis of satisfactory evidence fu�/4 to be the person(s) whose name(s)�ieare subscribed to the within instrument and acknowledged to me that he?�~hey executed the same in `fris�their authorized capacity(ies), and that by itis/het/their A signature(s)on the instrument the person(s), or the entity upon behalf of which the persons) { acted, executed the instrument. WITNESS my hand an°nos al al. Signature of Notary Pubiic (1PTit3NAL Though the information below is not required by law,it may prove valuable to parsons relying on the document and could prevent fraudulent remove!and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. Document Date: _ Number of Pages: k Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Limp jj,X3jW L1 Individual Top of thumb here l Cl Corporate Officer—Title(s): C_) Partner—❑ Limited ❑General ❑ Attorney-in-f=act Trustee C7 Guardian or Conservator EJ tither: Signer Is Representing: _ >�:399 National Notary Assoclatlon+9350 De Sato Ave..RO,Box 2402+Chatsworth,CA 91313-2402+wwwnationalnotary.orp Prod.No,6907 Reorder.Cal;70-Free i•846-876-8627 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on October 1, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 5 9 4 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 7233,Pleasant Hill area. (District IV) On January 22,2002, this Board resolved that the improvements in Subdivision 7233 were completed as provided in the Subdivision Agreement with Symat Partners Limited and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHOR.IZED to: • refund the$1,250.00 cash deposit(Auditor's Deposit Permit No. 311375, dated March 31, 1998)plus interest to Symat partners Limited in accordance with Government Code Section 53079 (if appropriate), Ordinance Code Section 94-4.406 and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement is EXONERATED and the Public Works Department is AUTHORIZED to arrange for the return of Letter of Credit No. DC Oak 128. PE:cw G:\GrpData\EngSvc\BO\2002\10-01-02\SUB 7233 B0-60.doc 1 hereby certify that this is a true and correct copy of an action taken Originator: Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Rich Lierly(313-2348) shown cc: Public Works Accounting,Tax LD 68-0129181 -J.Florin,M&T Lab -T.Bell,Construction ATTESTED: OCTOBER 01 , 2002 -P.Edwards,Engineering Services JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Community Development HAdministrator Hillside Homes 184 Rudgear Drive Walnut Creek,CA 44596 Symat Partners Limited B �✓ Deputy 2800 Pleasant Hill Rd.,#3 y Pleasant Hill,CA 44523 Summit Bank 2969 Broadway P.O.Box 848 Oakland,CA 44604 RESOLUTION NO.2002/ 594 v � TO THE TREASURER; $ RECENET)1`ftC3M ` ` Contra C ountY Public Warka ORGANIZATION NUMBER * � - lei fi K tg. 3` .ear 255 Glacier Dr. (For Cash Collection Procedures see County Adryinomtor's`bulletin 1054.) i7ESCItIPTIONFUND/t7RQ TASK OPTION ACTIVITY }'°4MC7UN7 ACCT. Sale t3 Plans 004500 REV 6„A.0319 3a o 131.00 1 $ ...v Sale of daps 905072 ( 04528. 9895 6 }1 � { Sales 'Tax 00300 0637 ` s %m c0,.4CR1086 CR1089 6603 € Knight Wtr 950238/950249 2007498 9797 pdro tco"'P 007505 9895 , ' L ti P TP970009 nv 904584 003520 9660 5B050104}76 Encroach inv 904431 000651 9105 6La�2� �� _. 649149 Sale 7srthur Rd 007126 9921 V'000 00 Sub 7233 Base Map Fee 004522 9650 6/0025 F� 150,00 Sue, 7233 Plan. Rev Fee— 5,1 �6! iQ1 t Sub 7233 Iris?ect Fee 9660 L000'roa ECGRrFA Fees 007982 9595r $x' 1124. ^� Gas & Elec 'Fran Fees 1997 000005 9120.' �r24 rI.54� Refund Jury Jarui Eticurcis 604500 10915 . ..,` _• '„ 5 t 0 CASH DE OSI OND $"19 C}�3 �?$QE� 5�1:i U EXPLANATION. TOTAL -- k l DEPOSIT ' ItLOtlS,btffi"Of-f rte(((s ` 2 Voids (9422413 and 9�t2249) � �� COUV otrd CLIRlZ2ENCY . CASH BOND 819800-0600 # X3422.44 $ I,250.00 CH Er�� -7,:6" - � BANK t)EPCiSIT5.� > �.: 2800 Pleasant hill Rd. , Ste. 3-A, Pleasant Ri11 CA FOR AUDrrOk-cONTll lusl_ONLY {: DEPOSIT Pl:ItMiT NUlvtrSER The"anxwnt of money described ohove as for x Y, Treasurer s reterlst of abrtwe(amount is OPP" led &p&ft into the County Treasury �r �"�� z z` FX T.. .[ putt'county'Audcr -34 REV.(7-93) q 6A p CONTRA COSTA Co Recorder Office Recorded at the request of: STEPS L, WEIR Clerk-Recorder Comm Costa County DOC— 20k-0022599-00 Board of Supervisors =aJ L Return to: Wednesday, JAN 23, 2002 09-11:02 Public Works Department FRE $0.00 Engineering Services Division ` 14 l Pd $8,{►� r" � 7 Records Section y t U� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 22, 2002 by the following vote: AYES: Supervisors Uilkema•, Gerber, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2002/ 3 8 SUBJECT: Adopt. Completion of Improvements for Subdivision 7233 being developed by Symat Partners Limited, Pleasant Hill area. (District IV) The Public Works Director has notified this Board that the improvements in Subdivision 7233 have been completed as provided in the Subdivision Agreement with Symat Partners Limited heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of January 22,2002 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY March 2, 1999 Summit Bank JC:lad ata $s �o oo2�t-22 o2\sus 7233 ac +4s.a I herebycern that this is a true and correct co of an action JC:lad certify 1>y orWnator: Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: Rich Lietiy{313.2348} cc: Public works-Tax I.D.68-0129181 on the date shown. R Bruno,Construction Div. J.Florin,M&T Lab R Finch,Maintenance Div. 1.Bmemn,Mapping Div. ATTESTED: January 22, 2002 Recorder via Dimarauder PW Eng er;n&Services Sheriff-Patrol Div.v.ComoJOHN SWEETEN,Clerk of the Board of Supervisors and CBP,do Al County Administrator CSAA--Cartog Syrnat Partners Uraited 2800 Pleasant hitt Road,Ste.3-A rleasant Bill,CA 94323 SunnitDark By , ,Deputy 2964 Broadway P.O.Box 898 Oaklarxt,CA 94604 Hillside Homes Group,lnc. 184 Rudgear Drive Wahwt Creek,CA 94396 RESOLUTION NO.2002/ 3 8 SUBJECT:. AA6p-b,',Completion of Improvements for Subdivision 7233 berg developed by Symat Partners Limited, Pleasant Hill area. (District IV) DATE: January 22, 2002 PACE: 2 BE IT FURTHER. RESOLVED the payment (labor and materials) surety for $62,600.00 Letter of Credit No.DC OAK 129 issued by the above bank be RETAINED for the six month lien guarantee period until July 22,2002,at which time the Public Works Director is AUTHORIZED to arrange for the return of the letter of credit less the amount of any claims on file. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established,and the$1,250.00 cash deposit(Auditor's Deposit Permit No.311375,dated March 31, 1998) made by Symat Partners Limited and the performance/maintenance surety for $75,120.00 Letter of Credit No. DC OAK. 128 issued by Summit Bank be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION N0. 2002/38