The URL can be used to link to this page

Home My WebLink AboutMINUTES - 12022003 - C31-C34 RECORDING REQUESTED BY: p COMA COSTA COUNTY BOARD OF SUPERVISORS WHEN RECORDED MAIL TO: PUBLIC WORKS DEPART-M ENGINEERING SERVICES DIVISION RECORD SECTION THIS SPACE FOR RECORDERS USE ONLY D0 UMENT TITLE ACCEPTANCE OF GRANT DEED OF DEVELOPMENT RIGHTS {CREEK STRUCTURE SETBACK} FOR SUBDIVISION 8698, BEING DEVELOPED BY SHAPELL INDUSTRIES, INC. , A DELAWARE CORPORATION, DANVILLE AREA. (DISTRICT III) NOTE: RECORDED BY CLERK OF THE BOARD ON DECEMBER 04, 2003 UNDER DOC. NO. 2003 - 0587792 _ 00 PER. INSTRUCTIONS OF THE BOARD ORDER WHICH SHOULD BE RECORDED BY THE TITLE COMPANY WITH THE MAF'. THIS PAGE IS ADDEDTO PROVIDE: ADEQtJA"I E SF'A(-,F FOR RECORDING INFO ADDITIONAL RECORDING FEES APPLIES Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 2, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 723 SUBJECT: Acceptance of Grant Deed of Development Rights(Creek Structure Setback)for Subdivision8698, being developed by Shapell Industries, Inc., a Delaware Corporation, Danville area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of Subdivision 8698 Shapell Industries Danville III Development Rights APN: 206030-006 Inc., a Delaware (Creek Structure Setback) Corporation I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors LT:mr on the date shown. G:\GrpDataTngSvc\Bo\2003\32-02-03\SD 8698 Bo-27.doc Originator: Public Works(ES) Contact:Ter Rie(313-2363) ATTESTED: DECEMBER 02, 2003 Recording to be completed by COB JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Current Planning,Community Development County Administrator Shapell Industries,Inc. S.Worden&S.Savage 100 N.Milpitas Blvd. BY Milpitas,CA 95035 RESOLUTION NO.2003/ 723 _. . ...... ._.._.... ....... ....... ........ ....... .......... _. .._ .... ......... ; ;'I CONTRA COSTA Cc Recorder Office Recorded at the request of: STEPHEN L, WEIR Clerk-Recorder Contra Costa County DOC— 200 —® 7 Board of Supervisors 358 92. 00 Return to: Thursday, DEC 04, 2003 08:27:43 Public Works Department FRE $0.00 Engineering Services Division Tt l Pd $0,0O - Records Section i Nbr-0001886819 .00018$689 9 Area: Danville lrc/RS/1-4 Subdivision: 8698 APN.: 206-030-006 GRANT DEED OF DEVELOPMENT RIGHTS (Restricted Development Area) To meet conditions of approval number eight, of Subdivision 8002 and Subsequent Phases,we, Shapell Industries, Inc., A Delaware Corporation (Owners), hereby grant to the County of Contra Costa, a political subdivision of the State of California (Grantee) and governmental successor or successors of said county,the future development rights,as defined herein below,over a portion ofthat real property known as Parcels A&B"Restricted Development Area"of Subdivision 8698,situated in the County of Contra Costa,State of California and more particularly described in Exhibit"A" Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area."The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of said property. In the event of a disapproval of proposed construction by Grantee or successor, said proposed construction shall not be performed. Grantee,or successor,may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor, may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee,or successor,herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee, or successor, shall have sixty(60)days from receipt of such proposal in which to grant approval or disapproval. Failure by Grantee, or successor, to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on Jul y 7, 2003 (Date). (Signature) l+�i'�/f.C✓/.Y� J e ridge Assistant Mice President (signature) 'r Robert D. Moore (See attached notary) A s i s t a n t Vice s' t G:%GTData\EngSvc\Larry Gossctt\200313unc`SU$8698 DE-l.doc --t"--" LG:rm Bonnie Rice Mann _.. ... _1111.... _ ....... ........ .......11. 11.1111_. ......_.. . .. _.. _ _ ..__..... .............. _........ _................ . ............ . .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of roo. `- �. ' ss. .� i Can -3/210-:3 before me, 3(,- \ `� �- • Date Name and Title of Officer(e.g.,`Jane Doe,Notary Public"1 personally appeared �` < �1 ��'oL . h 1 .m a '�-i �c � n.. Names)of Signers) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4slare subscribed to the within instrument and JANICE T:iCRUSE acknowledged to me that MA94effthey executed 9 Commission#1318697the same in WwAsrfth eeir authorized •M<V"'''r' Notary Public-California Z capacity(ies), and that by 1464w/their Santa Clara County signature(s)on the instrument the person(s), or i4lyCwM EVIres A",2005 the entity upon behalf of which the person(s) ` acted,executed the instrument. TNESS my hand and offi 'al seal. Signature of Notary Public: OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document (� Title or Type of Document4 6'6'Z Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: © Individual Top of thumb here 'Corporate Officer—Titke(s): �'St �Nw O Partner—�Limited ❑General ❑ Attorney-in-Pact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: I ®t999 Nations!NOLsry Association•9350 Ce Soto Ave.,P.O.Boz?402•£hafswarth.CA 91313•?a0?•waw.nationalnotary:org Prod.No.6967 Reosder.CaH Toti•F;ee 4.800-676.8827 �j EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of Parcels A and B designated as"Restricted Development Area"as shown on the final map of Subdivision 8698, on file at the County Recorder's Office as follows: Date: Book: Page: GAGrpData\EngSvc\Larry Gomtt\2003Utme\SUB 8698 ENH113IT-A.&c L G:rm THEE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 2, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 724 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8712,being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date:', I. Map The final map of Subdivision 8712,property located in the San Ramon(Dougherty Valley) area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company, L.L.C.,principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action Originator:Public Works(Es) taken and entered on the minutes of the Board of Supervisors Contact. Teri Rie(313-2363) LT:rm on the date shown. G:\GrpData\EngSvc\BO\2003\12-02-03\SD 8712 BO-21.doc cc: Public Works—T.Bell,Construction -J.Gray,Engineering Services Current Planning,Community Development ATTESTED: DECEMBER 02, ;2003 T—July,2004 Windemere BLC Land Company,L.L.C. JOHN SWEETEN, Clerk of the Board of Supervisors and Brian Olin County Administrator 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Liberty Mutual Insurance Company Patricia H.Brebner 505 S.Main Street,Suite 830 By ,Deputy Orange,CA 92668 "Z49 RESOLUTION NO.2003/ 724 _. ......... ._....._. _ _ . ._.........__. __.... ......... ......... _. _. .._ ._._..... .................................. . ...................................................... SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8712, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: December 2, 2003 PAGE: 2 A. Cash Bond Performance amount: $12,900.00 Auditor's Deposit Permit No. 408869 Date: July 17, 2003 Submitted by: Windemere BLC Land Company, L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: Liberty Mutual Insurance Company Letter of Credit: 2400 6467 Date: July 7, 2003 Performance Amount: $>1,273,100.00 Labor&Materials Amount: $643,000.00 Principal: Windernere BLC Land Company, L.L.C. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map. The 2003-2004 tax lien has been paid in full and the supplemental tax lien, is estimated to be $0. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements; shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/724 2255 ~ N4Rm h an M Kt ty ,inotS- j f ,�g v,cCeSor "pA . ar `��r,�s `e5' a CEJ > o -w- ?3 i P yr 2 vsa `wai`-r, c; "� v: ic avr '0� vj^ra actin yyy� 3 i 66 eq QF M� '-'� rr5 'ie ti c v`�i ii it i4eJ z Gw SC�[ a Vii t- Wit LAJ 89, U W U K O 6 c-r �'_.�y! U ani RUM.8 v5 ,¢ '14 x t.�r T1S 4a[G tty G {��a i Cv�C�2:$ ZSuau` <�p3C,X U' �V�+S `��'C.J�S�_'S�(� F%F� W G^ (7 Yom. t?4.-5 c3 nas u�a,� ag' AsIg .c c' �.5 2w b`aLci�S' Zh SC F14 6. yWr��i" u-.m ttr 'fi'jf. '' '7y' 881=G= `r9'psi'car C5G xpusa +.,c .{.��c3 ' ty�,� N ,`ate .Asn c� "a`�' {�a,^� d7�� (aiaa p4<�J� a+` F 4 T, Wgwy�.wC +2CilKW yK� QTT *y Wt�? fdYi m ON +j � • N Tom' i It r..�.------•` Lj �aW�K `G 4- laj t t� l 1Ji V a3 m dY d Y y r^ "701x ds� WL' p 1t7 Itz zz�e �w ��$��47t5✓� F4Ad J` Y �iGZ'� Y�L�' Ct�� d p d ~� � '8 tLi�'i N��`15� Sis✓`'� �.' W �s� 1 `P ire,<��Ci Is i- �' `��Yl3�zd �w � � sem" +'° � d � �i✓ , jos � ti¢ � . G7 i �a2 } uY•t az� d_4 C4 S's CJD Cp'� ,rte Y N Z � a �-- u rys dv gin M d -6,!%9, Itd v6 sit I,$! i is.1 to,ig th � d Z 2m� Q N� W ~ Yr�OjM, �w �I`iJ (moo+ `"`'' cn��Ohgcv'i� a� z �+�r/ r� wW ✓6 z �PN � �FW� a d d C M+�f or5`}' N a^' �c,.��8d` H' i DF � m Zmm } 0, �y i7Sa LA.) Jca S 4 C3 ��,1'�f� b al! t 9i N � O wz'��ppn�'gwingiv�v�rvN�N'�c?�'rM-.�"v�` min:r int;r; tt z�.nri�Sd � i'�irr�rr37 rn�Sp�r�H'��r�S"�rpw r'rI Z S .X Z z Zj2 X y ZIZ! 44YS+1I��y� CYW�J �µ tryV �y y N ]V��A C?� ` ool • �(` F�ivy»>7^'o+• tcs�! �,.., � K��$4'2656"W'� r. `.�` �`•^'a� ��In n ,g0�.8-yl�,lAy�,,,�p.$Mi.'.45�'�M io A1.�� Sl �o -': �,. �c`�v� ��+++{{{ „ :�s•yy,[p ip'w'o,p o+ �yam, ..--J_ $'IJ�'�`•lft`14,'y t� l� � N W w �' �'1�"'N In 6 W N Kpl+^�`l N� �O F5 m cv77 p�6p M u5 � f• T-1 2 d N � co LT.--. eY1 M1 co t4y,1 CI, y^ W03 ONYMIA (� n cc 0 7 1 n N N M,LZ,85.£CN AYNNHYd 3H3M34NlM � m � Y 13aNVd a�a9Z.9f.LiN Ff N-Yi),ZZ SZ! AyMk Vd 383Y43GNIM f 3a3ff N3�a1 g S eM,t3�45.OLN �Yl i M,CZ,95.£LN swy3e JO Sf5V9� 86�tiSz 2092 'NOISIA10ens L099 NOIGIAIGen c: oz � N��=bm f mum za 4�u { z h.V .�' C9 Z �e.ad "�o z e5-1 �Ya �5 z cfly chi ,�g ',�1$ S" F� I-'�� - � �x�a mz S�'�Ws ��n��,�ad©I-a a-" ,a�� a•vo'ic°'.I�M,d'n �,�'m,G al`�i�� '�''v 1f.j mt taf d �5m �o-- .- r�;�j l- � 2' gN`sM� dryri Ww Y tt' s� rYilNv`�"4a� n �o� � oo<oe, wW3c31awz sm� zW�i�d ,�,G j j � �S'�y - Wz �''I:"�b,•-4��.,'�M Wv� g m Q� y{ N h• M 1`�Y m.--.M1 H m to m J 1-Y ^y� cac� LIE -' 5- Z ! I + .d z`ani LS b S 133HS 33S R1 to '00-6 �( r It M.0£SL£LN ; I M«00'09LN M0£054LN t CG $ `b' ;� SL'1 1 L6'Lit M,BI r M.91,ZO.b9N N Z0.t8N .-- i4 NI t0'Z9M,Bt,Z0.tgN 00 $ � I• �I i �" �.gym�� n �,�� 3t1d O ,DO-06C'06 AD 'S z $ C 4-3 M«0£,5L£LN I '�cq l _ M9 . It�� 6t'6 � ,9t'8gZM6£,SI.£LN ` �� \ .0000.54 V vs 00'06 8Y ,tb'Oit{a)k,St,85.ZLN j �00—w M„0£,Sl.£LN d- b 1 j 1dnoo Udd1NIINM�� = ry 1 LO 1 a 9t'8t M.0£,5tUN u7 43, X* ` -66'ltr D . .00'95 N M a m`wl ti'\e2 \ R=41.'Ja / 'd. CC7 `� $ V C'4 ► !` ,00'06M.00,S £LN 3nd 00'S g M 9 w sa�� co tC11 00 �06 y �� 3`�! M a ! V-1 "r t13 W 9 r n M £SN Cr x� ryd (16l'O6Z MS,0lLN d t0 t jV)�, 1 ,lL'19 ,66'05 Ot'8ti M.0£,51.£LN to °� IVM Lf�d 00,061 H_a M«0£S6£LN M,D£,51.£LN ,5L'£5 '909 383YI30NIM M„0£,51,£C4 m n n tx"Ctl 00 z W a $ $ b UD04 A I mo”`ZI 'ice w w 'ir al ,00'06 1 M1« M o R M O 04 M.0£,9t,£LN - _ pp m Z ai b'tt=1 `},00'05=1 C9'ZS= O£'£9=l �JI a f •�r�3 8TZ£.Dd=O tz9£.00=v at8£.00=V-;Zo,st;0y=v sob>5�o0I �� OD'OS t'��h LL'48Z=, ,90 =v ,00'LZtb=2! % � M.0£,St£LN 3NV I NOONGHSd G 0 t-- — 4 _._ — — M„£Z,tS.OLk_ i 00'06 � / ,06812=1 00,9L,£0 �7 ,00'tt9t 2f ?J354Zt.OZN u�¢� �-” !t 9£.00-V Zt 9£.00=V 1 �££9C 0407 xDZ t£00=C� t9'6t-t �� 996tx1� ,S9'94�7 0 1 CV I v x t£'Lf f Lel CCf 3 M.0£,SL.£LN M.O£,59£LN f!) M w y C?) m N 13 C. moo �h TON,00 S nj 00'9£ 0, Z z m N v m CV rn CV o C4 Y a CV f N z z z z z 00 !2? 5l 10'06 M,8V£ZZLkL tI a 9t'4S 89'9t• LZ'86 69'86t5tb _ I tC'S4 (8)3«8S,9t.9iN I� ` 213«9Z,9L,11Npi� 8' 'r �i N3.5C,tb,OZN o+ ® >_ M1i z� AVMNabd 383IN30N#M $j IW--Yt,ZZ'9Z5cLZ,85&LNC t M«L£,66,f9N v'i �i { vq L 5 ) f � #N J $ �a NaIS#(tICI (�S ,LaB fa#s#/�ICI3f1� � Rif IS � s�,x�(�. (/'},� lu�"}g-.(nom � N... '}�a+Cf'KW, zw'(CC4��}Z IL•- �7p75 >' �y 0' 9a-.a�O aG] m ?? �pN (✓pp(��44�ii d11��yWy��jw 00� z"Yl am � r� m t. � is JCI $ N mozz`b' W I v�.0� + oaNUSIh`�� , r ' h 14 tA ,Ti o V3 � Cj M to �NN�N{NM1fJ� BIW��•,�(O�M ~� za 9 ANS 33S 31S/30I/3nd,00'6--I d V^�I--31S/3613di/3fid,00'6- a" CN M„Li,,KVLN p - p I ,Ct'tOl a it) n jnl z Q z o N M.L4,K*tN j =-3lS/3S/3di/-Md,0G'6 _ ct5 8l3 00'9 ,00'Z£ } $ f r7 ro w thj 00'46 I ,40'901 �� M„0£,51.F1NI M«0£,Sk.£1N w a,M„90,L04LN '`c3 ,�w ,tZ'00! `�`� }-• ull �+ 6 a .794to n rcN b �� to to 00'46 I "� !B'B6 M„0£,5f.£LN z= ,40'b6{aJµ„B5 +4 i �� $leu r $ v a `}{ OR69k $ M„Or,Sl.£LN ��m� � � ,4Z'GS ,F9'B4 w,9S'!b ,Bb'Z5 � �}y �•�� ,06'86 .LE,ZL69N z Y g i2E 315/3S/3di/3fd.00'6- } z I� CL7ro w war 1 a 00'46'O,C£65 CLN �irJ x %�_utn t2 $ m fX9d r E� of rw t _ 3fki,GO'6« _ N + 9 .00'lf� ,9B'B6 a M.Z4,lASgN 'Si LL020-7 { a tp w 00'06 {Q�y $,£t'F£i-1 t4,Z690�O=Cr Z3 , ry1� N a 3 9� n w M„G£,5t£tw (w ri).as't9 d 00'BZZI=a �` 1 tz� s ra” z.6sszvg — - {a 3.4,L3.ZZN C S � ig n-tiY� 'S9i Mvv65,161 s9N -�W`W)4S_S,9�'�$ 9['041 b y 1�3 00'06 of �d� �a3�� M«SZ,SA49N M.£Z,94Z9N F'99 B4 I T M„OF,StFCN �° l ZO= .L0,6Z, d- .0£.£Z. V r 01=V' oo,ez iia CSiM.FZ94.Z9N U� ,6L't*i. M 21hR.9Z,90,t9 QF` 00'06 y og w u a Z,96.�9N N C'4 <' W ,^- n ti 4- L 3116 00.6-'1 �-f -3fld,00'5 ui'y T $� ,`�� w `` '- ,00"06 `� 00'09 00'54 i d `� M„0£,Si.£LN 1 I I it MtiFSi.£1N N1OF,51.r1N M '90 M„¢�5> 1 l 2 C� 049N M„�t0A49N M I'Dco r 9tZA49h a4' 1 o 133HS 33S ; N OI a! �4 Hyl itC3 4;, p V~i hY .. ' au in x. ..+ 2 r CLS 10 N !` ` �?yy " ;id ! r�s ZZ am i' cs a Oso al 0 COD Jrra "i`� a'�` •`F' 's�4 n,��,� ag `�,,'c,� ��'t,..� �'�cam,,u� '� '�'r�e,ay?-s u�boff. �a cis G%5 v3 i l "mac v'^� far ALBION ROAD N$4'26'Sf"W 368.97'(T):. 76.34 (PARCEL D) t" `a Y tnt`* a�lo 29.74 15.00' 31.6Q' 7'n'$' '"$�:��r��v',a�.'�`'�''"',i�vcj'f%• '� a h, iW { � N8920'24W _ NON-EXCLUSIVE SSE 8535. ' C?7 r C1a l o_ '"'•N',� �rr ._ CIG ALBION ROAD ALBION ROAD a D2'3 R-t 9" L N05'33'04°E`RN8426'56'W 68.97(7)_. " 3(7)p 0='46'20 $7.55' PARCEL C0500005 yz ?g9a� h M �J C23 NO3'43'07"ER NO4"19'26 C5 LD-f 9, Lo 7 w � SUBDIVISION 8507 1 SUBDIVISION 8507 tA!7 m 400 _. AlBT3,'41°W 9a.a5'(M-M)''fi _--- i ALBION ROAD SEE DETAli C / it OOO.DO' a "Nt5'33'04"E R 7fi1LS SI'm PARCEL 9 THIS SEE E` T D6'46'26 1419.23' N84'26'56"W 368.97' w. C14 ,C 13,,E 55 189'20 5W 85,35 176.346k4� t3A.85 / as +. a alb V 25.00' 85N8234'22"W 6 V15"E R sv{ N,86 ++ iI . 0 1 92.93' N8426SW�+tY '64.240'"•E•Cb.'A{an,.dn`�,l°,{,,, Nfl$=33'S52'44'14p5 3 2R 95.22. R89w log 90.60' , tz`�t L-26.58' co N787S541" C'4t F� N82'34'221W N87` '4av cx n Qj j? . K$6 '1D"W°R b 7D4 f$' 13.80' Zn 4 �; p t 130.5] °� {ate N8?107'54"WR) tr�,G�• n k � N82`34`22°W i+ 4G o Imo' j ji Lt} N8F'2l0$N R d7 $ zf SIN 7D245' w 37' N78'S9'03' R {� �ti ` 1 iD0.83' rL7 N82'34'22"W z 34 p n1 m a J+ 03.23' I 94.42' Io� u7 ��c + 32.{70`�6.W ffi 43 n W N$O yp'S$"W R tL1 g�t( d n C3 U) C+0 # 110.32` c° ,£6',.Ot0 11 1 �)) M N7f32'Og' L SP-- It, N 19'16 -<1. W9 .d6'Z£ o kf ^tG,9551N )f h �Cl'rl") t-} UN74 5'4 "7 R Lh' f ° s tPx) o c7 9. 706.19' 4S w w r CJ 1101 M,Lb ttW CJS /3Sfa,95>dN 49) ' 'SI7dl 3n C[ft c Q p t dt/3 d •6 d.00'6-.J ZQ I -CL, l '? ,-- M.0£,5C€1N x T T "7'C` 133fis 33S SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8712 Principal: Windemere BLC Land Com2anv.L.L.C. dl Effective Bate. Aa Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY PRINIPAL A Delaware limited liability company Managing Member Maurice M.Shiu,Public Works Director BY:Cermet Homes of California,Inc., Managing Member By: (signature) RECOMMENDED FORAPPROVAL (print name&Tttle) O n Larson,Vice President By: (signator r2. Engineering Services Di sin (print name 8 it e) L �t Jochim Ass Secretary FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required by the Conditions of Approval for this development and generally as shown on the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 12.900.00 cash,plus additional security,in the,amount:S 1.273,100.40 which together total one hundred percent(200%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion;.and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:S 643.000.00_—_,which is fifty percent(50°la)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes may be necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;not shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special districts,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 County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them,- D. hem;D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering, inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally.The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance. RL:ID:tad/m GAGrpDs EngSvr\Forms\AG WORDWG-30.doc Rev, October 23.2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Ch I OPTIONAL SECTION County of i CAPACITY CLAIMED BY SIGNER On%aka,before me, Though statute does not require the Notary to till in DATE NAME, E OF OFFICERC . E. ,� NE E,NO L 4 C" s the data below,doing so may prove invaluable to personally appeare persons relying on the document. NAT (s)OF IGNER(s) ❑ INDIVIDUAL personally[mown to me- to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(s) subscribed to the within instrument and acknowledged to me that*khe/they executed ❑ PARTNER(S) ❑ LIMITED the satire in 4601*Wtheir authorized T.AUSTIN capacity(ies),and that by hi&4w/their 11 GENERAL Commission# 137$739 signature(s)on the instrument the person(s)or ❑ ATTORNEY-IN-FACT Notary Public - California the entity upon behalf of which the persons) LlTRUSTEE(S) Contra Costa County acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR My Comm.Expires Oct 7.2 ❑ OTHER: "Rip W Wand and of tal seal, I- SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)i SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. a The Chair of the Board b The President c Any Vice-President GROUP 2. aThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: 11 .and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw G:\GrpDats\EngSvc\FormslwORD FORMS\ALL PURPOSE NOTARY.doe Rev.August:1,2001 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Onpni-tion) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG, CCTSU& TASK OPTION ACTIVITY AMOUNT A . $ Ilt ✓ 7 A01411�2, 60 ly 95 L L 1,37S I L4�, 750 : 00 4/ DA 5,�L rf 0& , 9&6s —1 sa-) 6,j6 q q E, LANATION' TOTAL DEPOSIT & j�jiDeposit consists of the following ite iP -7 (//A WIN and CURRENCY $ z ��CKS,Ma ETC. /7T BANK DEPOSITS $ 4 FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ NUMBER DATE dOGN&OW ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit! intolfie County Treasury. acknowledged. 7 Si Signed. r -23 De�otint-Audito4 Signed: 1� ��EXT 41 y Deputy County Treasurer D-34 REV.(7-93) in,3 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ✓ TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM t ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. ASCU TASK OPTION ACTIVITY AMOUNT $ # # 1 # # 1 # 1 ! # # # # # I # # # # i ' ! # I # ! a # # E # EXPLANATION: TOTAL $ # DEPOSIT Deposit c040s of the following items COIN and CURR $ CHECKS,M.O..ETC. BANK DEPOSITS $ FCR AUDITOR-CONTROLLER USE 01#1 DEPOSIT PERMIT NUMBER DATE NED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above Cmou hereby deposit intotheCounty Treasury. acknowledged. Date .. Signed- Signed. ' T ( - EXT. Derput p C un#y Auditor Deputy County Treasurer 0-34 REV.(7-93) 0648-9140 / 812300: 61116868, $1,804.00. MS 21-93 Drainage Mitigation Fee (Green Valley Creek), Diablo Valley Estate Company,LLC 101 Ygnacio Valley Rd, Ste 330, Walnut Creek, CA 94596 0649-9665 i 8310300: G1116871, $9.020.00, 060015, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Pond b, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 0649-9665 1 831000: 61116872, $14,780.00, D6 0025, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Ponds 7&8, Windemere BLC LLC, 3130 Craw Canyon Pl, #310, San Raman, CA 94583 819800-0800: 61116569, $1.000.00, Sub 8531, Cash Bond for Landscaping, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: 62116870, $2,905.00, Sub 8531, Cash Bond, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: 61116873, $64.500.00, RA1142, Performance Cash Bond (civil), Windemere Phase II Backbone, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 y 819800-0800: G1116880, $10,100.00, Sub 8713, Performance Cash Bond (civil), Windemere Phase II Village 21, Windemere BLC LLC, 3130 Crow Canyon 'PI, #'310, San Ramon, CA 94583 819800-080303: G1116884, $15,200.00, Sub 8714, Performance Cash Bond (civil), Windemere Phase II Village 22, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon,,CA 94583 819800-0800: 61116888, $16,400.00, Sub 8715, Performance Cash Bond (civil), Windemere Phase II Village 23, Windemere BLC LLC, 3130 Crow Canyon PI, #'310, San Ramon, CA 94583 Executed in Duplicate Subdivision: SUB 4712 Goad No.: 2400 %.6467 Premium: $12,731.00 INWROVEMENT SECURITY HOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Corte §§ 66499 - 66499.10) 1. I;U-CITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with. the Cour y of Contra Costa to install and pay for sTreet, drainage and other improvements in Subdivision 8712 -,as specified in the subdivision agreement and to complete said work within the time specified for complerion in the subdivision agreement, all in accordame with Stage and local laws and rulings thereunder in order to satisfy conditions for fling of a final rung or'parcel reap for said subdivision. 2. OBLIGATION: Windemere B C Land Cour an L.L_C. as principal and Liberty Mutual Insurance Company , a corporation or.0 4ized acid existing under the laws of the State of Massachusetts - and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to The County of Contra Costa, California to pay as follows: A. Performance and Guarantee: One Million Two Hundred Seventy Three Thousand Ouc Hundred Dollars S 1.273 100.00 ) <� ( � fiat Contra Costa County or any city as5i�;n�e tinder the above County'Subdivision Agreement. B. Payment: Six Hundred FoM 1hree Thous�Lnd Dollars ( _ 6431000.00 1 to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division Ill of the Civil Code of the State of California. 3. 'CONDITION.- A. ONDITION.—A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs, execumrs, administrators, successors or assigns, shall in alt things stand to and abide by and well and truly keep and perform the covenants, conditions and provisioa3 in the said agreement and any ,alteration thereof made as therein provided, on it or its part, to be kept and performed at the time artd in the manner therein specified and in all respects according To their true intent and meaning and shall indemnify and save harmless the County`of Contra Costa (or city assignee)its officers, agents and employees, as therein.stipulated, Then This obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified Tberefore,there shall be included reasonable coasts, expenses and fees, including reasonable auorney's fees, incurred by the C ounTy Of Con-M Costa(or city assignee) in successfully enforcing such oblit,,atiov— al} to 1715C taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.8.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers, material then and other persons employed in the perfbinianc� of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materl<tls fished, labor of any kind,or for amounts due tinder the Unemployment insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase shit is brought upon this bond, will pay, in acicbtiori 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 casts and to be included in the]udgement 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 clams under Title 15 (commencing with Section 3082)of Pan 4 of Division 3 of the Civil Cade,so as to give a right of action to thein or their assigns in any suit brought upon this bond. Should the work under conditions of this band 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 of Contra Costa(or city assignee)shall relieve the surety from liability- on this bond;and consent is hereby givers to take such alteration without hunter notice to or cams nt. by the surety; and the surety hereby waives the provisions of California Civil Code Section 219 and holds itself bound without regard w and independently of any action against the principal whenever taken. SIGNED AND SEALED on � July 7, 2403 WINDEMERE BLC LAND COMPANY, LLC By: Len.nar Homes of California, Inc. PRINCIPALT its mane er_ _^ _.. e SURETY: LIBERTY MUTUAL INSURANCE COMPANY Address: 3130 Craw Can on Su to 300 Address: 505 S. Main Street, Suite 834 City: San Rs n Zip: 4583 ___. City: Ora CA 7i T_ 92668 _.._ B � e 'f By: y Print Name: Tir Si' n H on n _ Print Name.: Patricia H. Brebner Title: Vice President Title: Attorney-irt-Fact d1J.surr.w G WORDBN-12 K" jwy 1.2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 8. 2003 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. ¢;> 3` 47ST r7t t' 6, . 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. 2400 6467 Number of Pages: Two (2) Date of Document: July 7. 2003 Signers (other than those named above): Patricia H. Brebner 'CALIFORNIA ALL-PURPOSE AF 'OWLEDGMENT No.5907 State of California County of Orange Can July 7, 2003 before me, Rhonda C.Abel,Notary Public , DATE NAME,TITLE OF OFFICER-E.G,,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner 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 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. WITNESS my hand and official seal' y R 4O �DA( .ABEL Comm.#1312777 SIGNATURE OF NOTARY 1 NOWY PUBUC-CAUfORMA +0 ORANGE COUNTY 0 COMM.EXP.AUG" 9,2005 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED H GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(5) © GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSONS)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Rammat Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 ......... ......... ......... ......... .._...... ......... ......... ......... ......... .........._._. _ ............................ ._....... ......... .........._................... ....._....... . .._....... ........... ....._... j THIS POWER OF ATTORNEY IS NOT VALID :LESS IT IS PRINTED ON RED BACKGROUND. 1223773 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance E company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint RHONDA C.ABEL,NANETTE MARIELLA-MYERS,JAMES A.SCHALLER,JANE KEPNER, MICHAEL D.PARIZINO, JERI APODACA,LINDA ENRIGHT,PATRICIA H.BREBNER, LEIGH MCDONOUGH,ALEXIS H.BRYAN,ALL OF THE CITY OF IRVINE,STATE OF CALIFORNIA............................................................................................................................................ each individually if there be more than one named,its true and lawful aftorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as sure and as its act and deed,any and all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED SEVENTY-FIVE MILUON AND 00/100** ************** DOLLARS $ 175,000,000.00***** ( )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons, That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Under akings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 13 • attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their a+ I O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be d as as binding as if signed by the president and attested by the secretary. C 00) By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: C ' Pursuant to Article Xiil, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby � € I authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute,seal,acknowledge and c deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O cc �• Ch 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. d W � y IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 19th day of March o 0 d` € 2003 Q M rz bat 0i LIBERTY MUTUAL INSURANCE COMPANY a i° E/A/- 1 a � c ` Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss =- S COUNTY OF MONTGOMERY .,.. p I �L a S On this 19th day of March 2003 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged E•- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above 2 Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. y ' >% IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year et v first above written. �t W.6 ..CV t�« C 1 PaWeila,Notary E t), Ma. F S� T yfua flPs svrs v F,tara c,t i Fe ry l ovttty BY Z fJ ? Cc,�n n.axi o a Exp rc.ti 28 r'06 d p Ter sa Pastelia,Notary Public 01— CERTIFICATE Y `` I Ry 1,the undersigned,Assistan cretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that ft officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. EVOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 7th day of July 2003, I By r _._ Davi M.Carey,Assitt secretary NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Croup for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more',of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2/03 :Vdip 11/5/0?. FATCO $27 $712 'rax Collector's Office W n J.Pollacek � 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.O. Box 631 / {- Russell V.Watts Martinez,California 94553- Costa Chief deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX 1 Tax Operations Supervisor ei l O •G Date: 11/5/2003 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# city T.R.A. 8712 SAN RAMON 66383 Parcel#: 223-100-035-3 223-100-036-1 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Ta xC ,ile for Y 4'' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on December 2, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 725 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8713,being developed by Windemere BLC Land Company L.L.C., San Ramon (Dougherty Valley) area. (District 111) The fallowing documents were presented for Board approval this date:' I. Map The final map of Subdivision 8713,property located in the San(Ramon(Dougherty Valley)area, Supervisorial District II1, said map having been certified by the proper officials. I1. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company L.L.C., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Teri Rie(313-2363) taken and entered on the minutes of the Board of Supervisors LT:rm on the date shown. G:\GrpData\EngSve\BO\2003\12-02-03\SD 8713 BO-21.doc cc: Public Works—T.Bell,Construction -J.Gray,Engineering Services Current Planning,Community Development T-July 2004 ATTESTED:_ DECEMBER 02, 2003 winces an o LC Lana company,L.L.C. JOHN SWEETEN, Clerk of the Board of Supervisors and 3130 Crow Canyon Place,#310 County Administrator San Ramon,CA 94583 Travelers Casualty and Surety Company of America Patricia H.Brebner 9325 Sky Park Court,Suite 220 San Diego,CA 92123 By , Deputy RESOLUTION NO.2oo3/ 725 ........................................ ...... ......... .......................-............. C' T3 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8713, being developed by Windemere BLC Land Company L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: December 2, 2003 PAGE: 2 A. Cash Bond Performance amount: $10,100.00 Auditor's Deposit Permit No. 408869 Date: July 17, 2003 Submitted by: Windemere BLC Land Company L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number: 104125067 Date: July 7, 2003 Performance Amount: $1,001,900.00 Labor&Materials Amount: $506,000.00 Principal: Windemere BLC Land Company L.L.C. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map. The 2003-2004 tax lien has been paid in full and the supplemental tax lien, is estimated to be$0. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/725 d � St 2 , ' = F WSW Q _ _ �, s '� n�tzSY05aYs w �� mr a est '¢ rna�}yo'e3uj F K F N � U � 411��Q (1:2 F— U Q U S � y5t pp-- S.mit �� U� � Q <Y {•i�� G} � Iv, Ph•]1 ON 0-0 I e5 3x W6 F5 � t� ��Wri��a � �� c�.� �rn"� � w� � CY � cr � �Y•'w� � O ��zzs� w Ut z T Y t o' 19, vi � 25 25 CL At Pi LX 4? —� � �42C�i9 s {� aaLLiIOOdzz U 1- N W zp W 4< N d co RIB VT tmW� F r ui iM �E 8 3 � 3'yk7� 1F •� Vi 3 � 17 4c Mk vs ORAN M -- loxwa G ; r .05� �J�-- �t..C"Sy�`�"�1�� ,,,i y,� �snn� e�,r u�i. ��r- egJ•c'�'�'Y`+ w c7��t�r�s ��r''� � b�g� y. .a5i S C1 t+,i yxt. yy{ s t yx/(jry r- r:t-^I�1�X3'c'ad,�.ir"i,*`u�3!u�i�'ign'o�i� `�'Ni�',{'i"aimm�^in`vg�r`�emer,s�i w�"v�`+�i�'ic3* ,.�♦ryyy��rn`�`pmm �. m 33C wig•wwwww39:(<w'3�+3 Bc;w33w 3�33w 3w36 w�w�w�..r�.+w}u3� fir! � a <cn »'r irs"v 1,-i..rn• s" m'a e•.c`+f--�.M $N'..FF`�•rro 1--i+x r. .n f n n'f~. ,,:N�. w ip 'f-•��t u+r:+�in io+">`so'h b, ^" +n:`n au:-!Y-:-m;�m N- 'h N r7 N' `%r .h �. 1`�`"�t+Y''�'yrti:'�rn'-.,'»I:r ;t r;r r•f.r 4J�`.g r-�"4h r lh!'�v r"<r rr� y�«i� M <" LLJ CD CC LAJ r-- N'1tirz N w F..._ .rzfZ"�zf2.Z '�Y O fa � . ` . N IJrM � 6 t L 2� a U) w c'a > tri wJ e LEl h 5 N � 4 cqlot m r v co h tsy tiv,. t7� N Tl- co � �y rrl U3 M M*l _ _... ._....... ......... ......... _—...... ......... . . ..._................._...... ......_.... ...._......_......_....._ ._.......... ......................_..._. ........_...... ............. ..... _..._..... ... a� z ton y m 55 Zy26.g�= ITi2jy 'uy �{fa�{f��a..11O�, LY] zmc'So J a� z � CJ ��$�pp i��pp p$p•oma',��-u_s.$�yy �> (JIM C3 N N N a+7 �2 � • ��zzzzaza� �•- -2S `7 � s a fT3 r / -��N• 'y36Og '/f°'.` fob J a„•�• Y S gs Fi � a^ri FisIF$ N �Cra .o 'a�fb s,1S � � .5419 is,,,, 'FO• h�.v �r a�• i39tA�db �ffi d b� �3„SO F8 •7 111 n l � �L n.� � vr�o- ao nd/ r C:10 r 00 00 2 �ryas os� N 00 �s A4 rcN } 00 nn o ' VNi� �' N�hM J*�fl5 rfl4\�,Cj z N25'C9'57"E R r z NC9 E1` $8.85' LAJ 3 N23'21'447E R LAJ 1n w N272Y59'£R 84,00' S M �f i7s- ^n CO z <It�. � CJ aj1 R .n •� C? n 07'25% J 11 Ni LAJ �• .G: 142© z d Ni804'47`ER a pi `� Y Ln w avl tt a�- K5 Z l co pari ©mfl5• Rm1 42 'Y� •.�- it } �� p5Jg4 5292 N 3 9R83i2�q g4.4i'�� r A� Lam_ �� i sF`'•.�, 29•g4� 1'12��..P?r�{��,�iy}� \5.2g'15'2 i�_,r-- ly�.RL•1 co00 r x 45 s o2 Lo 00 u \ 00 00 �z 00 E^ LO 1--.�.� �\ ��$ � 5752 � N��pS t�•-• �t7`�S ;�:, �`° ��s'a x ` DS M a� \ \ �...2:z .d� m 51.63 ......... ......... ......... ..._.._.. ......... _.__.. .... ........ ........ ......__...__._....... ........._....................................................... ................................... r w 4 K W m'. f f ry V FF im M63 tn Sl— a00 m GaOfd T N Obi NN�viaiv 0 I ores�$Fs' I a 0 47771 J'n.--ti �z�� t � 3„LO,t LtLN�� rn,a 21, 1�yC'2 3.6Z'miN CO 776 m w �� V � ) d of '� 0095 M L£'66 3„6Z,MLN 00'59 T - 3„6Z,9L5LN i ,00'9£ ,00'OZ 3,6Z,9L5LN T n” � � gi W o v Lt'96 00'09 x LC) xI 3,6Z,9L5LNC14 W 3„6Z,9L5LN !n s gis Tl- _ al v Lt'L6 10'09 x U7 ” 3,6Z"9L94N Z 1 C J Lr, L3N f d,00'8-- I 3nd 006 4S*1 ,9L54N GK`S 3„6Z,MLN n cin~ 5o'zt ") `? ,tblLN �00'0Z z 't6£J.tLN ry ' a 3,92,9&to�' Lt �W�'46°E RL6�06"E� �91.82 �N JQD Z.d.j C', SN M pd� pp 8 1� N� rj w �teS an O � � b yy y � � V�r u°ySY� V' y_S rT+�,L`Ni t�Y ��`.'� iLa(K✓i ?' '�`,�� a`"W,� ate''�w p�"'' *�`v•�'�.��, c-( 'frj, ''�c. W r �{'S7 ��. �W�p"'',G+ �'"y xu1 'di �,� �i^'-`..•1 Y •.t:F.tea. ;*��yi,�s��' t�2 Z'�2. W ,yam i,$� T i,.i t.� �u'Z fG }� y1 f 'p M=ti� ©•°t W.�f 4��.1 .tet i nt,£6 it•.09N 6'stt 00'N •� !z.40'd$ ,06'5£ b «00Qt% 3rd,66'6- M » m GC)CIA w a ii d Mnz0,90.£9N r�N M a 94.zsN R p, 8 „Sz,9z5sN rn ^s oto CVs «6"sts”,LO C-1 w t cp~u> ��N o Q�•~ � m Y r }y oir r}`�r \x 'vz 4s tssiV x ta.cs,cc.s5<a Ga 14 00 1�4 <4 y.4 t SYlt �Y Y{ �+j� N M,�,SGItN an 1, IG ZS LA co BG,ttSLN 'Al Np M 2 w M � �1y't� t1"a �' z N .� A a • <. "' f i µv�.�y 45" c4 11 , pU n 97 LT 4910 9 N' i �`� C e q° CO CY? M,tS,z£.t9N CS'} 133V\5 �� = � ' oe�/Iyy�� `{�yQ[�'�t {} W ��•0� � .�'�+ y�� 'moi 4J [C��y '` +�Q M'+I s_ WO � �bm a GL5 p� Si i !�'''�-71 Vt any �• � N� aa �zx Lt1 � l7 C3� � zFiSmIV a #r J T ffi MIR W 2 Ea i zztt W � F�fid] S J i ( `W! �vyy pp 2 13 14 IN b � CN y� rn w 3nd.006 r (b�,00 , 1 h N 'r s�� LgN un t` / sa co 3.65,ZaBLN Oo'9F ?0(70 Q CG} j C) LIJ 04 CQ 'K"96 d 'K"96 I 3.6%ta8LN 9 29 Z6'S6 Lai x c 06 N CU CL y 1 0 poi C7 ,09'86 00 9i o0 Z CV a yv a 3„OI,Li,LLN LO 8!_- u, {j 31.Z,965LN ACS? W L6'69 6f) $ ( 3,61.9t.51N CZ m uj C2 .66'66 ) CV " tti1 V? 3 BZ.9154Ntg z N49a�� C) ,86'66 � Ett 3.6Z,9L94N OC 9£ 04 1Z ( - m Ct i C� 9 133HS 33S w M O i] pt ; O yMy Vk SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8713 Principal: Windemere BLC Land CompanyL.L.C. art Effective Date: f Completion Period: I year WINDEMERE BLC LAND COMPAN Y Ll-C, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A,California limited liability Company By:LFN-OBS Windemere,LLC, CONTRA COSTA COUNTY PRINCIPAL. A Dt l;,Ware lirsiited liability company Managing Member Maurice M.Shiu,Public Works Director BY:Lennar 1 enil(tsofCali Fmli,],;IIc., Managing Nleinbec- lyn j' AAc BY: (signature) f RECOMMENDER FOR APPROVAL (print name& itle) n Larson,Vice President oDivisio�� (signaturBy: (print name& itle) hn Jochim,Asst.Secretary Engineering FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required by the Conditions of Approval for this development and generally as shown on the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Principal shall complete said work and improvements(hereinafter tailed"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 10,100.00 _cash,plus additional security,in the amount:$ 1.001.900.00 which together total one hundred percent(1001/6)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount;$ 506.000.00 —which is fifty percent(5ffo)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes may be necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special districts,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 County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. it. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work;County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County s rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County forces, including contractors,as may be necessary to ensure complete construction and/or maintenance. RLIDAad/ow GAGjpData\EngSvcTormMG WORDIAG•30.doc Rev, October 23,2002 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of�v n, �_,k,t(1:&lr k lJ- OPTIONAL SECTION County of C _.a t"` 3 CAPACITY CLAIMED BY SIGNER On before me, - Though statute does not require the Notary to telt in MATE NAME,TITLE OF OFFICERE.G.,"JANE of NOTA iJesi C" the data below,doing so may prove invaluable to personally appeared persons relying on the document. NAME OF SIGNER(S) ❑ INDIVIDUAL `'personally known to me- to ❑ CORPORATE OFFICER(S) be the person(s)whose names)Ware TITLE(s) subscribed to the within instrument and da 11 0,, 0 , acknowledged to me that haiskehhey executed ❑ PARTNER(S) ❑ LIMITED the same in M94w/their authorized T.AUSTIN ❑ GENERAL apacity{les),and that by i Commission# 1378739 crisRtertthe r g ATTORNEY-IN-FACT ~ signatures)on the instrument the person(s)or z •. Notary Public - California a the entity upon behalf of which the person(s) ❑ TRUSTEE(S) Contra Costa County acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR My Comm.Expires Oct 7,2 - ❑ OTHER: d officiaj seal,T SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITYOES)) ---SIGNATUIZE OPNOTARY a.._ OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Tide or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents trust comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR.INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR C RPORATIONS Documents should be signed y two officers,one from each of the following two groups: GROUP 1. aThe Chair of the Board b The President c Any Vice-President GROUP 2. aThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing,the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: .and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw GAGrpData\EngSvc\FormsIWORD FORMSIALL PURPOSE NOTARYdnc Rev.Ausust 1 2001 COUNTY OF CONTRA COSTA _ DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLERi MARTINEZ,CALIFORNIA To THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Buil M 105.) DESCRIPTION FUN[ ORG, ACCT. TASK OPTION ACTIVITY AMOUNT .- I I I { k 1�f 4 k k 2rIS16! � k k46 k EVLANATI N: . POSIT � '71 '6` 14-cee t 6314 r �+/ NC onsissof tefoliowingitei f Nnd CURRENCY $e CKS,M40+ ETC. , .✓i` BANK DEPOSITS $ i ',"k,�t-" `"t+` � r� t fI -� � l .' . Gj..i`t`� �:. .��t�' `"x.`!11 f�•- r7FC3R AUDITOR-CONTROLLER USE ONLY � :. fZr DEPt T A/ PERMIT NUMBER �s� �' ASSIG1kiED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknavrledged WL79 Sig` tt_ E. to d. " Ti , q �I�ut Y A Deputy County Treasurer L-EXT. D-34 REV.(7-93) ark]' COUNTY Of CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER t , t (tDrgxdmMm} (Por Cash Collection Procedures see County Administrotor's Bulletin 305.) DESCRIPTION FUND/©RG ACCT TASK CtPTtt�N ACTIVITY AMOUNT k i # # # # # # ! E i # # # # # # ! 1 # 1 # t # # # EXPLANATION: TOTAL $ r DEPOSIT # Deposit co of the following items COihi and CURB $ CHECKS,MO..ETC. — BANK DEPOSITS $ FOR AUDITOR-CONTRCR.I.ER USE ONL DEPOSIT M.N.ERMIT DP <� NUMBER r' ASST NED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amou hereby deposit into the County Treasury. acknowledged. sig I to :r-r ti+. Date /�� Sig, signets Q, 'r j ;_r ✓� Ti <`"' t L� » EXT. q / Depujyy'C,unty AudNcr Deputy County Treasurer D-34 REV.(7-93) .............................................................................. .............................................. fi 0648-9140 812100: G1116868, $1,804.00 M5 21-93 Drainage Mitigation Fee (Green Valley Creek), Diablo Valley Estate Company,LLC, 101 Ygnacio Valley Rd, Ste 330, Walnut Creek, CA 94596 0649-9665 / 831000: 61116871, $9,020.00, b&0015, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Pond 6, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 0649-9665 / 831000: 61116872, $14,780.00, 06 0025, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Ponds 748, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 819800-0800: 61116869, $ , Sub 8531, Cash Bond for Landscaping, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: 61116870, $2,905.00, Sub 8531, Cash Bond, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: 61116873, $64.500.00, RA1142, Performance Cash Bond (civil), Windemere Phase II Backbone, Windemere BLC LLC, 3130 Crow Canyon PI, #310, Son Ramon, CA 94583 819800-0800: 61116876, $12,900.00, RA8712, Performance Cash Bond (civil), Windemere Phase II, Village 20, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 gal.. mat-01 f liiva�--XALLnA aiv"tAo 819800-0800: G1116884, $15,200.00, Sub 8714, Performance Cash Bond (civil), Windemere Phase II Village 22, Windemere BLC LLC, 3130 Crow Canyon PI, ##310, San Ramon,,CA 94583 819800-0800: 61116888, $16,400.00, Sub 8715, Performance Cash Bond (civil), Windemere Phase 11 Village 23, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 .............. Executed in Duplicate Subdivision-, _ SUB 8713 Bond No.: 1U41 25067 Premium: $7,013.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Cade §§ 66499 - 66499.id) 1. R1ECiTat.OF SU.HDIVISIQN AGfL1EEMENT: The developer(principal)has executed a subdivision agreement with the County of Cancra Casa to install and pay for street, drainage and other irnpruv,!menrs in Subdivision 8713 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreerTmeni, all in accordancewith Suite aud, local ldw!i and rulings thereunder in order to satisfy conditions for filing of a final neap or parcel map for said subdivision. 2. 08LIGATION: Windemere $LC Land Cozzi an L,L,C. as principal and Travelers Casualty and Surety Company of America , a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors: administrators, successors and assigns to the County of Contra Costa., California to pay as follows-. A. Performance and Guarantee: Unit Nji lion One €'hgusand Nixie Hundred Dollars 1,001,900.00 }for Contra Costa.County or any city assignee uarider the above Court Subdivision Agreement. H. Payment: Five Hodred Sixjbousand Doll, ( � 3O6 000.00 } to secure the claims to which reference. is made in Title XV (commencing with Section 3082) of fart 4 of Division IIT of the Civil Code of the State of California. 3. CONDITION: A. Tlie Condition of This obligation as to Section(2.A.) above is such that if the above bonded piiztcipal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its pato, 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 iridt=nify and save harmless the County of Contra Costa (or city assignee) its officers, agents and employees, as Therein stipulated, then this obligation shall becom null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified theretbre_there shall be included reasonable casts,expenses and fees,including reasonable,anorney's fees, incurred by the County of Contra Costa(or city assignee) in successfully enforcing such obligar-lon, all TO,lac taxed as costs and included in any judgement rendered .......... .......... ................ ................... S. The condition of This obligation, as to Section (23.) above, is such that said principal and. th4 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 perforinaacc of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials fiu-nished, labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's incurred by the County of Contra Costa (or city assignee) in successfully eatbreing such obligation. to be awarded and fixed by the court, all to be taxed as costs and to be included in theJudgelrwnf 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 g with Secu"M 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to thein or their assigms in any suit brought upon this bond. Should the work tinder conditions of this bond be fully performed,then this obligation shall become null and void-, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond,and consent is hereby given to make such alteration without ftzther notice ro or Consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2919 and holds itself bound without regard to and independently of any action against the principal whentfver taken. SICNED ANDSEALEDon--july 7. 2003 WINDEMERE BLC LAND COMPANY, LLC By: Lennar Homes of California, Inc. TRAVELERS CASUALTY AND SURETY PRINCIPAL; its manager SLIpXTy: C014PANY OF AMERICA. Address: 3130 rrow Can_yon.,, Suit-e 300 Address: 9325 Skj Park Court, Suite 220---.,--. City. San Ramon Zip, 4 83 City: o in: 92123 Byof—e -A Ice Print Name: Lawrence H. 'Thompson Print Name: Title- Vice President Title: Attorney-in--Fact JD MkV UD G CIPI)AWEn-s Rcv Ju&2,_%*3 ............ ...................... . ......... . ......... . ......... . ......... . ......... . ......... . ......... . ......... . ......... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 8, 2003 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. .r _ ' r 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. 1041 25067 Number of Pages: Two (2) Date of Document: July 7, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A( OWLEDGMENT No.6907 State of California County of orange On July 7, 2003 before me, Rhonda C.Abel,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebuer 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 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. WITNESS my hand and official seal.' RHONDA C.ABEL .<JhAM.4 1332777 " SIGNATURE OF NOTARY k iz NOTARY PUBLIC-CAUFORMA ORANGE COUNTY Cl CC?A OPTIONAI Though the data below is not required by taw, 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(5) Q PARTNER(S) LIMITED HGENERAL ATTORNEY-IN-FACT ® TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES �] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME of PERSON(S)OR ENTrrY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7184 TRAVELaR' 1SUALTY AND SURETY COMPANY OF Al ''ICA TRA.>�,wZRS CASUALTY AND SURETY COMPANX FAR 1INGTON CASUALTY COMPANY Hartford,Connecticut 061834W2 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal owes in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James A Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella- Myen4 Rhonda C.Abel,Stanley;C. Lyne,Patricia H. Bmbner,Alexis H.Bryan,Leigh McDonough,Jane Kepner,of Irvine, Callfonda, their true and`lawful Attmey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the 'United States, the following instrument(s)- by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(syin-Fact, pursuant to the authority herein given,are hereby ratified and confrrrrced. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions aro now is full force and effect: VOTED. That the Chairman,the President.any Vice Chairman,any,Executive Vice President,any Senior Vice President any Vice Wit,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Shy may appoint A#orneWin-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,reoognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, rec0g111ZA=, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional tmde tak ung shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice.President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorney&-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by we or more Ccn4my officers pursuant to a vaitten delegation of authority. This Power of Attorney and Certilcaft of Authority is signed and w4ded'by facsimile(mechanical or printed)under and by mdorHy of the fallowing;Standing ResoWtion voted by the Boards of Directors of TRAVELERS'CASUALTY A"SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,-which Resakdon is now In dull force and effect- VOTED: ffect-VO ED: That the signature of each of the following officers: President, any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seed of the Company may be affixed by facsimile to any power of aftomey or to any certificate relating ameto appointing Resident Vice Presidents,Resident nt Assistant Secretaries or Attorneys-in Fact for proposes only of extcuthrg and attesting bonds and undertakings and other writings obligatory in»the nature theroot and any such power of attorney or outificate bearing such facslurila signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and catified by such facaim&signature and facsimile seal shall be valid and binding upon the Company in the Mure with rest to any bond or undertaking to'wbich it is attached. (11-00 Standard) uo$uegor•W Nod r 4 £OOZ` ATnf johop ua 1 Spp t Q `Imyr oo30 oluiS 'PIOJMH 3O 413 MPuz`xuuduso:)acp 3a,OO0 OMOH atp lu POIMS P=Pxd!S -W,UOJ ut MOu M'f4uoqinV 3O alsoUt poo app u O3 last to 'swpw.Q 3O WOS mp;o suopniosou Butpums atp imp 'axouuagM pue 'pa40AN uaaq lou seq puu owo; In uc dluogtnv jo a%u~r J pug uV;o ramod pagoent puu Sutogwoj ap Imp mum XTtDM O(I 'In*p=mo3 3O *IttS mp 3O saopu33odzoo VOIs'A.WdWO3 A.L'IVIISV0 XOLf)M IAI2 JI Pug AuvanO:)JUXUl1S UW AZ'IVtIM SIIWIZA'V2LL 'VJIII=V 10 MMI OD A.LMM9 Qin' AZ"IVIISVII SU IZAVILL 10 LMPJ3n IUVISW V*a!&Wm otp Al ZLVDIALLM lirmai4el•O ulxeW 011aod kiRON woz'0£ounr sej*o uolsslwwoo AW � ! 4 ;omtp suopnlowu SupmS acp sopun ooVjo jaVpt 3O Auoglnu AQ suOpntodiOo sup;o Rmpq uo;uaumuM!pps acp palnoaxo ogsraq imp pue'sp as oir odw Bons oxu wommAM ppe*V Oi pmjp SIM$G> '900pu600 PRS JD spas MR SAM Mppq Ip 'Iu ,aAOV app POMOxa qO#fIt.&M Iq pqpmp suopmdm WD 'AW&KOC AZ'TVIISV:) HOLONHAMU Puy AWJJK03,RUMS (MV A.L'IVaWO 9827RAVILL VOMTKV SIO Al 4EKOII,UMS QW)MVASV3 SIIrIZAVILL IO MPI d QOIA JOIUQS 91 aptaq IM Ae pue=&V PI`sow AMP am 64 Sutaq'ogA0uWusj auY of HOSMOIU 'M 2tJuozf)mw e(IpuosM oat ocoojoq EOOZ'dtmuQad3O Am IP8Z"V u0 ju8 l89Jrj e31A JOEtt$$ ,� • �,�.'� ' rN ' uoodulot L M 60joet) s a �f�'nstia 4v AL e+ (MOdI)WH SIO A3MOD Al+t dHOa A,L'IVllSVO NOLONEK"A p,OJWH'SS( ANViMOD,URXW CW AS,T MY3 SII IAM V3IIIS'W JO A11Vd O:)AZRRIIS QNV)U VIISVO S N IZAM .LC1OT.I D&WOO Ao UVI.S £UOZ Ammga33O&p tp8Z sM paxUp olozau aq of Seas oluxodjoo xzotp pue IscaPIsaad W4A JOTWS 1101P A POUBP Qq of Iuautnilsu! S. a paSnuo anuq AWd lgoa AZ?VIISVD Molf)NIIAY2IV& Ptw AAtVVd]KOII )U3XIIS QMV A,VIVII9V3 S2tWMVHL 'VOIIIMW SIO INWIV03 AZSZIIIS UMV )UPIVi1SV0 SHUXAVILL 'dOSRMA SSIMLIM 1wII Mravelers " IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered lossescaused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you knew what eff=ect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain lasses caused by international acts of terrorism as defined in the Act. The Act-further provides that the Federal Government will pay a - share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the i`ederal Government or an insurer can be responsible at .$100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or band (or the policy or brand being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage, is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium'. Treasurer-Tex Collector's Contra William J. Pollecek �? County Treasurer-Tax Collector 625 Court street Costa Finance Building, Room 100 Russell V.watts P. o. Box 631 County Deputy Treasurer-Tax Collector Martinez, California 94553-0063 Joslyn Mitchell (925)646-4122 (925)957-2898 FAX Tax Operations Supervisor Date: 11117/03 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City Tax Rate Area 8713 SAN RAMON 66384 PARCEL#223-100-036-1 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full Our estimate of the supplemental tax lien is: .00 This tract is not subject to a 1915 Act bond. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. William J. Pollacek Treasurer-Tax Collector By: f' ,Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 2, 2003, by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE - ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 726 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 87 16,being developed by Windemere BLC Land Company L.L.C., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date:' 1. Map The final map of Subdivision 8716,property located in the San Ramon(Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company L.L.C., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action Originator:Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: Teri Rie(313-2363) LT rm on the date Shown. G^,GrpData\EngSvc\BO\2003\12-02-031SD 8716 B0-21 doe cc: Public'Works-T.Bell,Construction -J.Gray,Engineering Services Current Planning,Community Development T--Jury 2004 ATTESTED: DEE 20000 Windemere BLC Land Company,L.L.C. JOHN SWEETEN,Clerk of the Board of Supervisors and Brian Olin 3130 Crow Canyon Place,#310 County Administrator San Ramon,CA 94583 Travelers Casualty and Surety Company of America Patricia H.Brebner �� '�' �� 9325 Sky Park Court,Suite 220 By �� ,Deputy San Diego,CA 92123 --- — — RESOLUTION NO.2003/ 726 G— SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8716, being developed by Windemere BLC Land Company L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: December 2, 2003 PAGE: 2 A. Cash Bond Performance amount: $19,500.00 Auditor's Deposit Permit No. 409852 Date: August 5, 2003 Submitted by: Windemere BLC Land Company L.L.C. Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number: 1041 25076 Date: July 28, 2003 Performance Amount: $1,929,500.00 Labor&Materials Amount: $974,500.00 Principal: Windemere BLC Land Company L.L.C. III. Tax better Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map. The 2003-2004 tax lien has been paid in full and the supplemental tax lien, is estimated to be $0. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/726 Y r2 V�W p�, g d _y OZIM 158 m�Y':► fix•u1'' (n Ui z "' u1 9 9z1 ol O 55 a� � X 6ca < d a m zw �YY rA �6* M bow vs = 3 <q z �m� m � qv am✓°mWms � „r+JeJ f mWt�'= 6 12 `� y o v_1 �„ z `� CS `� > o t^•.�r a �5 6 i V S O to Z L��incS�3 � Imo-'AQ z A-6 381 % Pim g V� s M Q AR Fall Q � tJL �y� p. k: y, wV SYC lL.p �UnO 05 d dyy-� p g �- � 0 a[ Weir � << ffi .. V-'W tG WOY- � Z�µ� �Vr-._• y�" ,� Z+C tN/4 w i a^o c1 WW i .s=- yy��v+Wa cvp. < O 4= N V{�= �>'VN it L7 V V, mC: 6 <udN'�� <-4 <�5 s��t33 3s o a.'1 �- litar �-Y -�, ' - awe aa� 4 sy < 2 gys �yit j .Gi C7 ES Wv .cave :. "C ��r r � N".. Ws a F5 do � if ;} z igl l � 8 IngO x� 1. uog `i tie WM! r ju got j �" d � LIJ ag <is ie T si Oma\ c � � ��# ��.� Y_.. ti w+J G7 Yn 2 +++N ` iWi xp d �N owl t �1 low T5 0 `++� r T-, ' fdj i F CJ �tVi y,/'y -'±�`� L+J�` 4 ty i ""`�r-`�```5• ti"✓ Z 'Y {-' Sc�'+a+ Ila ED ,a v+ ��- ti/ 1\ Colo .,y i. 'm• �x"+1`6' .,�,� 1`"'� any �•. €�„� r �S�rn��tlw r,n` o u+i'� \ ?f/� a+ •s�i ��r J w�� w 3�I�c"'W.ten`�i N c+�`�' {\ ! flfJ " l x rwd c+� P 4 Q �,• �� ` �i N 11 � ��'r't (L'"�T.,i � Z x t �r-m J o o N LO "' 1 • So Y" In� 74 4c' 06 t r• (yl� Ott �' Cyt o � �5 +�� z z� `i �```✓ �C�* y+ n `+� Cil ttS U`} w W a ty. wmC e� 4•c„o o .C14 1-99 CI 'ti Vf r'" {may RS a tl'~~•W T W W Y~W �'- M 03 RA _ /ffM""•'."V1 lfii•YS y�•�Ty yy U gg Q V5 y�A�LL'_ CV ,,.} �+�e•� K f/ ZYE dj YaD W +C ,? +wJ K'U{.d� Sty O1 N 66ff ��S y,,. C14 W d I v1 v � d �yoS"J r CL �"r--"a=�'rte.'ago`�t"�s`+•+��.�'!i iW ca�.ry°� �,�� La.1 o r-- ��i�t-r°¢i cam+w ry�•••irx N.'�'��{� � i. r{I f� �Y� Yp'y tt§gt ��Cj .a N.Q r N ey wt Y") ��"..2`�`r�'r°}��`.�+�``,.'•�� 2=ic"`�vs�.r}w`w°u"uc�c3 �.+uc:airc:s Z,� S 133HS 33S t� (Id M�,10'LS (1d-Y1),tOBB {ri-ri},>Z'?Zl36SOCN N27"4r'37"E N2323'36"E _ _ LC,_ —�-65.21.0-ul- 11.41'tia- � 3 " O V08 ,1Nt�H138liA_ I tig'� - azo3z C1 �r� ��m ax4�•cg ---QS'bL�r_ ,..��.54_-.._ _ 4,00'64,_ d4$.�._ _ 3909..-La �� 4297 j P 04 $ C11 o N 4 $ C14 o Q-^ 00 Nta'30`26"E R 411 ;, co y_ 64V 3"L£6S.00N 3"L554CN 3 C'6S.00N N25'4S'04E + � � LAJ 3"LC,66.00N I Goo SS'44 b'tL 90.46' s1 r _ ow 3.4C,KOCN L11 s•k+1 x co SSA % L'j t 00 reco us o (i NOS' R _ 00 _ 9 <14w g Nati 4p'06"E 1 7f � M� � g 5'4 S Q 7 � � � �rn� •-..-"`!t 9�r��,�`v ryas 'u� 3�i'� 6tZ4 k8m L 75.7 Y 6a.2 wf 38E y4423, X55.46' *=60,65 �r,jj�yy CL%S DS Imo' �� a ,� [S d4"39'45r "�..5 3$ 64' �- �-+'1`t Jl"3 �.�.-•.- .."",� ' o ,�,: CJ R=776M' La-1 27'2S' L 1a1, ,' {�URL1Nv 1 ,6'E 1x5_.68 i {{ MIGN � .�-- N21'+0'39"C 1a5.S4' 1 4o L w°0 ,90'CY 'Z6t 3«1£,tC.6ZN 2r W o 1 n ry s Lmt53.1 R=624.00` �a10'38'a9' II2+4 20 LSA r � � � �+ ,f30•ty.`d G5 L�03`26'0 ,.�`�6459`�-- �s3S.15' N `�} � �4t �Yj+P�„ � tV zLb u l C o —co �o C7 �a w4 K2C x� � 5,00 Pt1Ef 1 � A+ ca •v°1i 00-' m C14 ,n a 74.01' Q �` DO ; ri 65.00`' c 26.05, 66,6 N21'40'38 233.91 n Y 66,3, E - N22'5105 E N25'2$'24"E ! 150 X507 m lq a...�( qV, ' ��'r-t tW�a.-."x� �a ~ � c �,y��,+tJ�� `�'�1y,�, A! s.I VgQ}6 Sµ1.,,.oF_S�< h w� i <ym �Stl lrr+w{..�`ctswf��i"� � WF"+4�� p�?�gd� ��w' y�-��'.'�e'cr� ��i+ �•.. £t'7 �.- Y"'' ggz 5s�`coa w QC m 3w 0_ !tetlo Ugo daaTW+snvi' Jw O- JL N m a I J avbf UD $ zo U � R 4 88 f�,s amity N r N..4.sa'�O Or4�'U tVrd;Qom,• F1 � f�"� �$ 8 0;c];�m +- '"9 c"w'v.'«�, N�n,.�`s'rW.'•- .-«.w` }" -a. n Ci�cv rn r» .... ��•J.n ua r..co.rn o•-�r;o'•;+? � ��•}f' '��2 2 C AQ a // CoN CF) �? zN00 A 19 NC�� li m-m! CQ r .� co 42 cb co fifty � aytt t 1-2 C4 N va rr K�7 {o n N 1 z ! $a E 04 Ni3,SS,1'}.C£N l 1 JL"31d,00 *-°J! 1 iF }$• .' Qt ro( t�6 Cpl /� J 1 !' �t 3 fS,84sfN k 3 ! y r �, �sfO,$fH ' � W pN ry k ! /� w ♦ .�� ,.. W QI i t �J.� 8 04 n fiS L �. r61'SG . uj LAJ {id-iV}AO'CB {ld-ri},108$ t` .CS'9ft 3.CC.6SOCN gF (riryrr},ioxLi - 3.st.azof� '�"' (rr-n).�z'ss ' to,-w),ti�. ..�.. •-- --- --- ' S `ri,>Z'LZS 3.Lf,5s0£N 3,L£,LILlN '3.E£,£Z.£ZN T n I OVON ANVH138 ------ 4 ilk < --- _ - - i co ° 0) CSS0 tr 133HS 33S N ti.. t�, S p Z 47 �aa1 Mz LI SP 1 06 �Ty�ryR x � � w co s f r ' 04 �1 N CD On 1•.1+11 wX,J+'S, / c as f ,assai'aa6 n ► h CL- 0{1.06 }i 3,6*,a£ 2L ' 6 1 1 C f v n �'4 '!`ro � SBN 1 e 3" 1 th 00 r:sti CL ggt! w Id F- ��l w M utc t� W u> uj LLJ 8 3,N 9a.6LN u N77'21'59'f R ! : 1 ! G!7 y d 3s n w Y N76-34'14°E R 107.60• ! m ! W 90.00' Z �.� / co w rr m O) Co t/) tco 102.77 g �R N67-16 aS :rr7 W S66*5.e°E cn C14 3- 1 g Y • • Ov ♦��y w� C] 2 H� n iY TJ�,,, a u'tN � �g .f�y�311[j1� 41 Cf� yl hFO vbwr h- t]�. '� Ti�q W y. y.N W oG! C_� �, �g =� ��,,,,-,.. ,� o c�+`z•' "`-LLY,�:'v�,r o I 00 Z �m�� r-u :irl l3' `"' "' g�3avrr3h vii "°- c7i�a2i Y]'d5 �� y�(g� � �tiC"; 3 � z a �AS8 mOUR z � WDaO vtn n !I I}! D ? ` 88eJ€s8 � � '- "� L.4 4Z� F I a�ehi ren � z �cn v) b w N y I I�rt a w 0 m < t� AYMK!!Vd 3Zi31'(3UffIM 88i�� N8m8<S � olT 51 tiT `C ��i`r7inoorio eN•a ..: ocrQi� va I I w w t `� TO Olt N N az z N z z zzzzzzzzzlzi wwryry f M -�J J i yew PARCEL 8• gi 6£'49 / J3 7331iYd `� 1, Nyima 3LkYY.GZN tI g~ 1061.30'T r��y � � ,ti,a5... ,8Z'LOt 3,Lt,YY.LZN C b-6 N17'4129"`� N240'2225"E 9i'Yf xs iY ,yti0 it .L1,44.LZN. y Asl 76.51 4t'Ot t iw ti Niy*yj� gpt2 a r l ,00'95 $'I LO zI l7 Z7 � `st coco FO M �i I LO © 50 �I ,iii I 04'Slt z n o 31J311d.00'5 -{ tL, 0N Lx64_74' L --_ 45fi�� Nnl t� x _.64 — ' X0610'57"— 96'09 — z 1 7' d,p610 8.38 T} 3,L1,4Y.LZN A �' i~ mI M ti y X52 a-6'4439 L-90gl F-Yd.00'6 Qa `S { ii ORV I 3.Lt,ri.LZN tr7 1� 3 E 212.20'(M'.117 r9,j a 3.60.£0.8ZN 39 iX) �N16'5g6.44'40' L�$23�•Q8 3'03—. ,94£9 3G€k:4..LZN. ft' , '$-' Cc t(\) L-65.36' ZB'8 `N.'rs +lo : •"'• CV 'd') 8,3.YZ,M0 M z } UJ r 3.4l,YY.LZN _�.S .;n�` M � k{3.YZ,80,t(N � Iii d•� b 3.Y£,££.tkN �`-' z 66.90..E N24.46'30"E LS'L8 3 Lt,YY,LZN� 1~ S.;..Thr C14 $ +!7 Nyfi'30 07 4 63.32' Z S'L l ,54'OL ;j 1 6.5 u ho W"� Nq1•}gti6.6 65.5fi -3.3' ; b 3.Y0,£Z M--t 1 �� I W06 3.4t,4Y.4ZN a 00 K. CV r„$ 3lid,00'5--ry Zi 3.SS,65.£Z?J , N f 00'9f i r - 6:9i t�f7 t'•" �`' �+ z � ��' tv7 ��7 Aja d I � „ L=59.76' 1—_-- y424 96 L�566.66't}gi L9't9 3Li,riLZN �a*ryryb�h Sid }. hi b6b ki b' y 6t Q N 6Oy5 WNIVN�L� w3a cc W w c i1> i z _t Z�) u U3 >'r� 8 133HS 33S �, .N Ct7y tai r•,"may 1NJ V> T". ` Gin `'y1,� .., ca $ r y. ✓�S ,F11` J wr NVi y�CCSWO 0 `CP'i IN 12 Ein CS 1 t? WjnJ� i Jaz V.l Q L 133HS 335 1� N27'44'17"E 103.38'(M--M) m' � } S ,.'' S' l•� / "r' `«R, N27'44'17'E ;;Y.�c+y,� 2, at 3 °'• f AE /�✓ 4flTRr� � 4 � fl07S N`�n 67.87' i � �d �+! Yi us 4qYi"f .�, fui 00'0 j 00'9f r 6 r' 0titirCNQ 1 a CN a) 1 1 a)W) j e 1"�i "' ooe 00 tN /' /� �"4fs�, y�•rss � ,�yp2�S�'�6'��yg8 d��,�{b�` i/� !/�I�SOJ t a Im Nfl M ° l WPe? CNJ °*' r / Co 92. �»S tK�} 20'._w 42.86 _l k;- �} t / szir1y— N23 23'38`E t 34.80 o Nt2 t 3 f t z� u[IJ t423'23'38 E 889All.to'(M- r} �}} j X11 �t� 3 423'23'38"E 137.48' f 38.00_: co CIQ LAJ r N ` J �. m coCO Z 3c,w_ (17 x Y N 1 pl1KL1N()GI h COURT N 05 N2i"40'38"E(R} m< 1`2 LS ad Se m cr# � t Co yq¢ pMf +/7 Vl Ub V) 1 oc LAJ LAJ f � u n � hr. �C } ++C i� O �•- yCCyYY� z' i4 C1 W h� ar �+1t i15 N Vy z z j d �01 G ! gi F4 cn ' r CS) 1 rnr Oj CC) CQ r cn y `r � y S �dA 47 4 } tx q< SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8716 Principal: Windemere BLC Land Company L.L.C. Effective Data: �� Completion Period: 1 year ',4TNDEMERL-BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A C'Ll1'fornia limited liability CompanyBy;LEN-08S Wiadr:mere,t_t.C, PRINCIPAL f`De;awarc limited liebility cunipany CONTRA COSTA COUNTY manuging Mernlrer Maurice M.Shiu,Public Works Director BY:"mriar(fames of California,inc., Maiiagitt;tti4rrntier (signature) L By: (print name&Title) Do Larson,Vice President RECOMMENDED FOR APPROVAL (signatureil' By: l (print name Title),, ynn Jochim,Asst.Secretary Engineerin4Service �D' FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) I. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup 'and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required by the Conditions of Approval for this development and generally as shown on the improvement pians for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof, as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings trade thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 19.500.00 — cash,plus additional security,in the amount:$ 1.929,500.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$ 974.500. 0 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes may be necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special districts,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claire for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.This cost may include,but are not limited to: inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal, who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally.The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance. RL:dD:lad/cw G:\GrpDsta\Engsvc\Forms\AG WORDIAG-30.doc Rev.October 23,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Sa fi"�+�� t OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER County of -\ � On before me, i Though statute does not require the Notary to fill In DATE NAME,TITLE Of OFFICER E.G.,'JANE DVE,NOTARY PUBLIC'' the data below,doing so may prove invaluable to persons relying on the document, personally appeared7i __�[ NAME(S) F SIGNER(s) ❑ INDIVIDUAL personally known to me- to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)Ware TITLE(S) subscribed to the within instrument and acknowledged to me that /they executed ❑ PARTNER(S) ❑ LIMITED T.AUSTIN the same in h+~their authorized ❑ GENERAL Commission# 1378739 capacity(ies),and that by hisAterlthelr ❑ ATTORNEY-IN-FACT Notary Public California signature(s)on the instrument the person(s)or Y b the entity upon behalf of which the person(s) ❑ TRUSTEE(S) Contra Coster County acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR " My Comm.Expires Oct 7,200 ❑ OTHER: hand and official seal, t SIGNER IS REPRESENTING: < _ 1 NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be;authorized in writing to have the authority to sign for and In t e partnership. IV. SIGNATURES FQR CORPORATIONS Documents should a signed by two officers,one from each of the following two groups: GROUP 1. (a The Chair of the Board (b)The President c Any Vice-President GROUP 2. jaThe Secretary b An Assistant Secretaryy c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question Is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw G:\GrpData\EnSSw\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc Rev.August 1,2001 COUNTY OF CONTRA COSTA . DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER r jt),g�ni�iion) _ I, {For Cash Collection Procedures see County Administrator's Bulletin 105.i DESCRIPTION FUND/ORG. ��T TASK OPTION ACTIVITY AMOUNT i X 05.5 33 / 1 JO ft- ; 8 1 y 7-1 y r / t/ t y EXPLANATIONi f r TOTAL $ �C DEPOSIT ....� f I f j r Deposit consists of the following items I ! COIN and CURRENCY $ CHECKS,M CJ ETC $ '� > BANK DEPOSITS $ 226f�;f j' FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP > t ti l L 3 /�L/el NUMBER i DATE ASSICNEI The amount of money described above is for Treasurer's PPS Receipt receipt of above amount is approved, t of above amount is$ereb P Y .deposit into the County 7reasur Y acknowledged. Si he eSs i C t ;-j� g � Date_�F.ID {J /�JL w. �,�/1/ Signed: L Signed: ' Titi -� tEXT. "f De aunty Deputy County Treasurer D-34 REV.(7-93) �3 � ) ) J~✓' r�F*i'L� J'�. Yl��rN � ✓`I ZR COUNTY Of CONTRA.COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA ' RECEIVED FROM ORGANIZATION NUMBER 41520 (Feu Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG ACCT TASK OPT ACTIVITY AMOUNT r �� E 10 e. 5 I&L '' i 4 12S 103 c� ?I L '7 fir. 1 kw �r ei Gf 5` >:XPLANATION' TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT t PERT ©IP NURSER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is opproved. Receipt of above amount is hereby osit into the County Treasury, acknowledged. Signe pate Signed. Signed: Ti A6jZLi1L_- EXT. Deputy C,my Auditor Deputy County`treasurer f D-34 KEY.(7-9 . "J`I C" COUNTY OF CONTRA COSTA DEPOSIT PERMIT ... OFFICE Of COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM t +u ORGANIZATION NUMBER v (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB,ACCT TASK OPTION ACTIVITY AMOUNT ':`i � , ' t90 I f J 1 i G 134 336 `7'/ s, ' ' J3 q,�? ,^ , jt \ Z 2i 2.3 33' �, s� / rf i. I 3 3 ' l fy t f EXPLANATION: TOTAL $ DEPOSIT t Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.Ct,ETC. $ BANK DEPOSITS $ FOR AWTOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP < NUMBER DATE' J ASSIGNED ! The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Si f / <d&'- Date Signe - 1-w ' Signed: Title 1 G/�XT. Depu SY Deputy County Treasurer 0-34 REV.l7- 3 COUNTY OF CONTRA COSTA . DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA � � RECEIVED FROM (� IC3rga,lxmani ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105,) DESCRIPTION FUND/ORG SUB. 'CASK OPTION ACTIVITY AMOUNT /769 IBJ G9, 4 355 �J'J 5! 7 I ' I I k I 1 I 1 k I 1 3 � 1 I t 1 k EXPLANATION, TOTAL $ I DEPOSIT 1 Deposit consists of the fallowing items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP S NUMBER DATE ' p ASSID The amount at money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby cjeposit into the County Treasury acknowledged. Si �L coy . Date 1 f Signed: �,. Signed: Ti j/=EXT. 7 T Deputy, unty Aud'or Deputy County Treasurer D-34 REV.(7-93) r l 0649-9665 1 831000: G1120665, $500.00, 852816, Record of Survey Map Check Fee Deposit, Surveyors Job #0326, David D. ,& 5indy Appel Wilkinson, 200 Douglas Ln., Pleasant Hill, CA 94523 0649-9665 / 831000: G1120666, $500.00, RS2815, Record of Survey Check Fee Deposit, Surveyors Job 0150, Jacqueline G. Stewart, PO Boit 19, Clayton, CA 64517 0649-9665 / 831000: 61120667, $1.600.00, MS 4-02, Map Check Fee, Horse Hunt International, 2400 Ranch Del Lago Rd. Martinez, CA 94553 0649-9665 / 831000• 61120669, $26.162.030, PA 0006, Landscape Improvement Plan Review Deposit, Windemere Phase II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, Ban Raman, CA 94583 0649-9665 / 831000. 62120670, $5,205.010, 06 0026 Drainage Improvement Inspection Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 0649-9665 / 831000: 61120671, $5.140.00, OG 0026, Drainage Improvement Plan Review Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon PI. #310, San Ramon, CA 94583 8198010-0800• 61120672, $1000.00, DG 0026, Cash Bond (civil), Windemere Phase III Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 - sag ilap Doi) A OAR= 819800-0800: 61120677, $28,300.00, Sub 8717 Performance Cash Bond (civil), Windemere II, Windemere BLC LLC, 3130 Crow Canyon PI. #310, San Ramon, CA 94583 0676-9191-REV-G5575, 6.1121137, $1,500. SP Right of Way 2003, Stanley K. & Janice L. Hansen, 1201 Monument Blvd, Brookview Park, Concord, CA 94520 Executed in Duplicate r'.3ubdivhloA: .w SUB g Bond No.: 104125076 Premium; $13,507.00 IMPROVEMENT SECURM BOND FoR,Susa ms oN A+G EMENT (performance,Guarantee and Payment) (California Government Code §§ 66499 .66499.10) Inc rr Su .t t„vtst+ tt M, `: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and Cather improvements in Subdivision 171A _,as specified in the subdivision agreement and To complete said work within the time specified for completion in the subdivision agreement,all in accordance with Mate wind local laws and rulings thereunder in order to satisfy conditions for,filing of a final map or parcel reap for said subdivision. 6. Amt . WiWcmew BLQLAnd Cp as principal and Travelers Casualty and. Surety C2MEanZ of America , a corporation organised`and existing under the laws of the State of Connecticut and authorized to transact surety business in California, as surety, hereby jointly and severally hind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance and Guarantee-, OneNine D-o-mmd fiys Dollars ($ 1.229.500.00 }for Contm Costa Coutuy or any city assignee under the above County Subdivision Agreement. Payment: e x eve Faux Dollars ($ 974,5{J{3 {? 1 to secure the claim to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of California. 3. CONp JIQN; A. The Condition of thisobligation.as to Section(2.A.)above is such that ifthe above bonded principal, or principal's heirs,executom administrawrs,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 trade as therein provided, on it or its part, to be kept and performed ar the tune and in the mariimer 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 foil 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 nwonable"anorney'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 judgeta mt rendered. U. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers, material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety'wilI pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond, will pay,in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to thein or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall became null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Casts(or city assignee)shall relieve the surety ficom liability on this bond;and constant is hereby given to make such alteration without further notice to or consent by the surety,and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on July 28, 2003 Windemere PLC Land Company, LLC By: Lennar Homes of California, Inc. , Travelers Casualty and Surety PRINCIPAL: its manager SUEtE . Company of America Address: .3130 Crow canyon P Andress: 9325 Sky Park Court, Suite 220 City: San Ramon CA 4583 City: San iego,_ CA : 921.23 13Y.- :.E 1-44:1441dek 7 �AA -t-4 By: Z�j/vv/ Print NaMe: Lawrence H. 'Thompson Print Name: Patricia H. Brebner Title: Vice President Title: Anoracy-in-Fact JD MW 1wp 0 C1pl?kUagswcAF* mSN WORMOX9 12 doc Rn My 11.2043 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 29. 2003 before me, Gordon J. Peterson, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. GORDON J.PETERSON Witness m and and official Seal. Commission#1335380 �- z Notary Public-California -� _- Orange County My Comm.Expires Dec 17,2005 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vine President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 104125076 Number of Pages: z_5-z"' Date of Document: July 28, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE AE ]OWLEDGNIENT No.5907 State of California County of grange On July 28, 2003 before me, Leigh McDonough,Notary Public , DATE NAME,TITLE OF OFFICER M E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner , NAME(s)OF SIGNERS) personalty 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 +amu piG behalf of which the person(s) acted, executed the instrument. 132661 litr1 pubitc`Cstn'ta Ors►M"County tt1 F.,W"W0v6,2W6 WITNESS my hand and official seal. SIGNATURE OF NO ARY 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(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) LIMITED 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 7IGEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 TRAV$L$F 'ASUALTY ANF!SMTY COMPANY OFA` 7XICA TRA': CASUALTY AND SMTY COMPAN; ' FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, Mate of Connecticut, (hereinafter the "Companies!) hath made, constituted and appointed, and do by these presents make, constitute and appoint: dames A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella- Myers,;Rhonda C.Abel,Stanley C. Lynne,Patricia H.Brebner,Alexis H.Bryan,Leight McDonough,Jane Kepner, of Irvine, California, their true and lawful Attorney(s)4ri-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizes, contracts of indemnity, and other writings obligatory in the nature of a bond, reco nmanw, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorizedofficers of the Companies, and all the acts of said Attorneys)-in Fact, pursuant to the authority herein given,are hey ratified and confirmed. This appointment is made sunder and by authority of the following Standing Resolutions of said Companies,'which Resolutions are now in'fihll force and erect; VOTE[): Tbat the Chairman,the President,any Vice Chairman,any Executive vice President,any Senior Vice President,any Vice President,any Second Vice Prresideut,the Treasurer,any Assistant Treasurer.the Corporate Secretary or any Assistant Secretary may appoint AttorneWin Fact and.Agents to a#for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recoguizances,contracts of irndenutity,and other writings obligatory in the mature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time nay remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the Prsident,any Vice Chairman,any Executive Vice President,any Senior Vico President or any Vice President *may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is flied in The office of the Secretary. VOTED: That any bond, recogrdxance, contract of indemnity, or writing obligatory in the nature of a bond, recogniume or conditional undertaking shall be valid and bmdmg upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assiut Secretary and duty attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by me or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by we or more Company officers pursuant to a written delegation of authority. This Power of Attorney and C+ertlficate of Authority is signed and sealed by faesimlle(mechanical or printed)under and by authorhy of the following Standing Resolution voted by the Beards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AFRICA., TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON'CASUALTY CONTANY,winch Resolution Is now In fall force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,arty,Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-m-Fact for pwposres only of executing and attesting bonds and undertakings and other writings obligatory in the nature thcr 4 and any such power of attorney or catifivate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed d and aar#fle d by such fa!mrile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bend or undertaking to which it is attached 01-00 tltandtrd). pU09 `Amp mob$IUPIS199b uosueyop -W uo)j 'NNOO m ` £0 aZkriif 3o&P �i 8 Z sM Powa w000uuoo jo alms `p3 H jo f4t0 mp ut`,(uedtuo �3c►aot,�o ` R 19p MOH agl le patear pue pauStS, •aero;ut,uou aie`,kiuotpny 3o aleot a0 atp ut gltoj las a `uoloutQ jo sp wa ov,Io suognimou Sutpuns mp loll 'woumqu%pue °p*:4onai uooq lou s¢q pane aotoj WV ut mp=, Mpoxprid 3o oluoUnia0 pue ktuouV 3o immoa pogoeue pue smosw0i mo imp A URO Xmmi OQ `umgwuuaz)jo alms m ;o suonmodtoo Vojs`AAIV&WO:)AlWaSV3.KOJLj5MPMVA PIIe ANVd NOD A.LZIRS(INV A,L'IVIISVJ 982'I'JAVKL `VDII MV J10 AIdVdWO3 AIMIS QW A,LWaSVa SHArla'IAVKL JO LWW'309 Iue;stssV `pauSts opun oql 1 1 I.VOULMO 41"8491'o oljv y ollgnd+GBI0N 9402`o£eunr sejldxe uolsslwwoo AIN mag#quounimu supms alp Wptm aow ioqlsTq 3o Auoglne Aq suopmodioo oql;o Mgaq uo luaumusui pies atp palnaaxo ogsrag leg;puv`.spm alexodroo inns acre 3uamnMut pM agl o;paxW sp= :suopwdm ptes#o specs atp>smml otppl imp!iumtunQ=. QAOCF atpl palttaoxa gMhi Pae ut pagr,,t p suopmodw M INVd qO:) AZ'IVIISV3 NOJLDNWMVd Pub AWa qoa A:I'3II1IS OW AZ'IVi1SV3_MWI'dAVHI `VaIUM V ao xwdiKo3)limas GW A L'IVIISV3 SHZ IZAVKL 3o;uOPP*Jd w4A JarlafaS st ogsraq l" :fvspmmocbpppVjow App oat Aq Sutaq`ognn `uniouq alit of MOMMOHL 'M z!)uolJ outmo Anmosiod alit atopq EOOZ`fjmgoA o&p g1SL sM uo luap{said oaf xolusg . ,�� W-4 x,�� uosduwyl.M e6joep 8 ► AS stt�t a. (Fdo .L2trH 1401tIR(lOO ANVdt O3 A lVaW3 901f)NBq A PJO3nH'SS ANV41KOD AIRMS QNV A 'lYflSVa SM2[AVKL V:)rdZ IV 00 AMMKO3 A,LRIIl1S QNV AJ IVIISVO SZ[IAVXL MOLLOraRMO0 Ao UVIS £OOZ kmwqogjo Imp gl8Z stip paxW olaaoq aq of dace oleaodtoo xtagl pue luaplsaxd 031A.toptaS Jtagl k;pousp aq of luactxtulsut stip posneo aneq ANVdIA103 A.LWaSVJ 901ONHgHVA Pue AMV4E O:) A nas ow A,L'IVRSV3 S9272AVKL `V3i8ZIgV 40 ANVd3VOa A,LZHRS GMV A,L'IVIISV3 SUR IZAVEM `SO'dH3RAA SS'diti MA )d Ir .velers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. Treasurer-Tax Collector's Contra William J. Pollacek County Treasurer-Tax Collector 625 court Street Costa a Vit/ Finance Building, Room 100 Russell V.Watts P. 0. Box 631 County y Deputy Treasurer-Tax Collector Martinez, California 94553-0063 (925)6461-4122 Joslyn Mitchell (925)957-2898 FAX Tax Operations Supervisor Date: 11/17/03 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City Tax Rate Area 8716 SAN RAMON 66383 PARCEL#223.100-035-3, 223-100-036-1, 223-090-009-0, 223-090-0111-6 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the supplemental tax lien is: .00 This tract is not subject to a 1915 Act bond. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. William J. Pollacek Treasurer-Tax Collector rl ', r: By: . ii'` eputy