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HomeMy WebLinkAboutMINUTES - 12092003 - 2003 RES 761 . Gr• THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 761 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8714,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 8714,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 G.tGrpbatalEngSvcl30\2003112-09-03\SUB 8714 Bo-21.doc taken and entered on the minutes of the Board of Supervisors TR:cmm on the date shown. Originator:Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB CC: Currin n T.Bell,Construction ATTESTED: D C ER 09 s 9M� Currentt PlanPlan ning,Corrrrnrnity Development T"—October 9,2004 JOHN SWEETEN,Clerk of the Board of Supervisors and Windemere BLC Land Corr any,L.L.C. Brian Olin County Administrator 3130 Crow Canyon Pl.,#310 San Ramon,CA 94583 Travelers Casualty and Surety Company of Arnerica Patricia FL Brebner 9325 Sky Park Court,suite#220 By ,Deputy San Diego,CA 92123 , RESOLUTION NO.2003/ 761 SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 8714,being developed by Windemere BLC Land Company, LX C., San Ramon(Dougherty Valley) area(District III). DATE: December 9,2003 PAGE: 2 A. Cash Bond Performance amount: $15,200.00 Auditor's Deposit Permit No.408869 Date: July 17, 2003 Submitted by: Windemere BLC, 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 25068 Date: July 7, 2003 Performance Amount: $1,505,800.00 Labor&Materials Amount: $760,500.00 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. The supplemental tax lien, is estimated to be$0.00 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. 2003/761 �3 M yy fl p {3{yy QKy3y rg Sm 60 -- pg Y uj µ ` cn b y j $Iwo aml I !WilySig • w w !W2 X§ x xr.� Wit %i I � N tK +[ r r y tit III Z Al °jw W16 lot Ni Atv tip wit wit Mme ' y y � Cr �. p,. tin PS i �;,� le I 3 Ito •r i 4 :twit P- V5 • r8 ' V tv mHim � ray m till; Ile J a # 99 r sg5 1pi t prpc r r_ ' rte CDS ct,K�] co —Z d LOc ~ s e3 U') > -. Zn- r � Sj rj RpkO .,. 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SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8714 Principal: Wind mere RLC Land Company,L.L.C. Effective Date: Q Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: vi`f`rIDEM1rRE BLC LAND COMPANY LLC,A Culifornia limited liability Company By:LEN-OBS Windermere,LLC, CONTRA COSTA COUNTY PFJNCIpAL A Delaware liri ited liability company Maurice M.Shiu,Public Works Director Managing MemberBY:Lennar Homes ot'.Califarnia,Inc., Managing Mem1ber By. f'1 (siA Amb,AAA gnature) (print name&Ti e D n arson,Vice President RECOMMENDED OR A6ROVA4 o (signature) i RY (print name y Jochim,Asst.Secretary Engineerin ervices Division FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatum 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" uCo ntv"and the above-mentioned Princip1l,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 practises 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 Guarun=: $ 15.200.00 cash,plus additional security,in the amount:S 1.505.800.00 which together total one hundred percent(100'/0)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:$ 760.500.00 which is fifty percent(50%)of the estimated test of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held as securities may be reduced in accordance with§94-4.406 and§94-4,408 of the Ordinance Code. `t 4. CU Ir ANTEE 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,anydefects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. S. 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 ofthis 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. Thejilities 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. N{sn:Mnditions: 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. SURVEY. 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-PERFOR_r+tANCE AND COSTS:If Principal faits 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. ;N -ORt'OR.ATION/ANNEXA TION. 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 mairrtetiance. • G:\0rpDanSEn&SvcTor=\AG WORD1A".doc Rev. Octobu 23,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER Onbefore me, Though statute does not require the Notary to fill in DA NAME, OF OFFICER R E.G,, JANE NOr c' the data below,doing so may grave invaluable to personally appeared V( L-fri persons relying on the document. NANg(!p OF SIGNER(S) ❑ INDIVIDUAL personally known to me- to ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLES) subscribed to the within instrument and AL acknowledged to me that hersim/they executed ❑ PARTNER(S) ❑ LIMITED the same in hisAw/their authorized El GENERAL T.AUSTIN capacity(ies),and that by hi0mwftheir _ 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 person(s) ❑ TRUSTEE(S) acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR Contra Costa County ❑ OTHER: My Comm.Explres Oct 7,2006 and and offic' 11 seal, SIGNER IS REPRESENTING: _ I NAME OF PERSON(5)OR ENT ITY(1FS)) 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_SIG_NATURES - 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. IT. 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 - Si ning party must be either a general partner or be authorized in writing to have the authority to sign or an in the partnership. IV. - SIGNATURES FOR C RPORATIONS Documents shoulda signs "TIN nl`ficers,one from each of the following two groups: GROUP 1. {a}The Chair of the Board b}}The President e Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial cricer d The Assistant Treasurer If signatures of officers from each of the above two $roups 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 O:\GrpD&ta{EnsSv6Form\WORD FORWALL PURPOSE NOTARY.doe Rev.AuyuN 1,2001 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County AdmEnktrator's Bulletin 105.) DESCRIPTION FUND/ORC% ACCT. TASK OPTION ACTIVITY AMOUNT 11 till I 11111 'rt /4a3) 3 1 Ce 1 i l � 15-6 "d0 �v 60 I ILI I I --I t jq ` 061-VI 6 1 f ( E L.ANATION: DAL TOTAL " cuRRENCY ��ng i ,,.. "� �" �✓ ,.� .Y t f� :S � � C� . `� �`.� -a r.r�' "(�!(� r� *< KS.MQ,ETC � �,{� '�� �� BANK DEPOSITS $ rDEPOSIT t' ' AUDiCONTtal USE ONLY 1NUMUR � - 7 / PERMIT C3P DATE AS5IGNED The amount of money descnlvd above is for Treasurer's receipt of obam amount is opprovea Receipt at above amount is hereby depasit into the County Treasury. acknowledgecL • Sligned. /A d Ti �C EXT. aunty Aud' Deputy County Tmasurer ­34REV.(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA -RECEIVED FROM ORGANIZATION NUMBER Au (( tom) �1 _ l III (For Cash Collection Procedures m*County Administrator's Bulletin 105.) DESCRIPTION FUNDJORGL TASK OPTION ACTIVITY AMOUNT S 1 t i 1 i 1 i 1 1 1 I i I 1 1 1 i 1 i f 1. ! 1 1 i EXPLANATION: TOTAL 5 DEPOSIT DeFmit conYmb of the folou+irig items COIN and CURR S CHECKS,Ka ETC BANK DEPOSITS $ FOR AUDfrOR-CONTROLLER USE Om DEPOSIT DP t ' PERMIT G NUMBER DATE :2 ED The'armrount of money described above is for Treasurer's receipt of above amount is approved. Receipt of oboes► ' hereby deposit into the County Tmou ryr acknw+#edgfd t Sgned: Sgned, `• '} Ti C k t-tl� EXT `. "t 1 C Aud for Deputy County Treasurer D-34 REV.(7-93) 0648-9140 / 812100: 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 / 831000: G1116871, $9.020.00, DG0015, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Pond 6, Windemere SLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 0649-9665 / 831000: G1116872, $14,780.00, DG 0025, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Ponds 748, Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 819800-0800: G1116869, $1,000.00, Sub 8531, Cash Bond for Landscaping, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: 611168704 $2,905.00, Sub 8531, Cash Band, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: G1116873, $64.500.00, RA1142, Performance Cash Bond (civil), Windemere Phase II Backbone, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 819800-0800: G1116876, $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 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 819800-0800: G1116888, $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: 5 8714 Bond Nis.: 20341 z.5£lfr8 Premium: $10,541,00 IMPROVEMENT SECURrry BONI) FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1, t2EC1TAL oA SuspttjlSION AGR.E,EMENT: The developer(principal)has executed a subdivisian agreement with the County of Contra. Costa to install and pay for street, drainage and other improvements in Subdivision 8714 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local taws and rulings thereunder in order to satisfy conditions for filing of a final map or parol reap for said subdivision. :. OBLiGAxtciN: Winde ere BLQ Land Cesm anL.L.C. ---------._-,as principal XU1 Trayelors Casualty, and. Surety Cam an of America a coworation 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 Centra Costa, California. to pay as foliovvs: A, Performance and Guaraatee: One Million iv -Hundred Five Thousand Eight lfun4red _-.._..._ Dollars (S I,505.800.QQ ) for Contra Costa County or any city assignee un&j the above County subdivision Agreement. B. Payment: Seven Hundred Sixty ThD sand Five Hundred �. Dollars (S 76U00.00 } to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. Car+0171-JON: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal. or principal's heirs,executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation sectored hereby and in addition to the face amount specified there fine,there shall be included reasonable costs,expenses and fees, including reasonable attorricy's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing-0-ch obligation, all to bc- taxed as costs acid iacluded in any judgement rendered. D. The condition of this obligation, as to Section (2.6.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound tanto 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 material, fin-nished,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 as amount nol exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount the're'of, 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 tinder 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 theta or their assigns in any suis brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee) shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. §IGNED AND SEALED on July 7. 2003 WINDMERE BLC LAND COMPANY, LLC By: Lennar Homes of California, Inc. TRAVELERS CASUALTY AND SURETY PRINCIPAL: its manager SURETY: . COMPANY OF AMERICA Address; 3130 Craw Can can Suite 300 Address. 9325 Slay Park- Court. Suite 220 City; San Ramo zip, 4583 City. Sa DiegWo Zip: 92123 By: 8y: Prim Name: Lawren Thom n Print Name; Patricia H. Brebner Title: Vice President Title: Attorney-in-Pact ID mw lap Rxr J42.2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 8. 2003 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thomason, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. S. MC DONAID Commission 1260983IL r t4otcsy Public-Callforr11t7 orange CountY 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 25068 Number of Pages: Two (2) Date of Document: July 7. 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE At 1OWLEDGMENT No.5907 State of Califomia County of C�e 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 R.Brebner NAME(S)of SIGNER(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and official seal. RHONDA C.ABEL SIGNATURE OF NOTA COit M.#1312777 NOTARY PUBLIC-CAUFORNIA ORANGE COUNTY Q COMM.F?fP.AUG.9,20€35"' OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT © TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING. DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4%7/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 Renwnet Ave.,P.O.Box 7184•Canoga Park,CA 913W7184 TRAV$LKr "ASUALTY AND SURETY COMPANY OF.A RICA TRS. *LERS CASUALTY AND SURETY COMPAN FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183.9W2 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNZY(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 Il udbrd, Cmaaty of Iiardord, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make., constitute and appoint: ,Tames A. Schaller, Jeri Apodaca, Linda Enright, Mike Pariwdno, Nanette Matrlella- Myers,Rhonda C.Abel,Stanley C. Lynn,Patrleia H. Brebner,Alexis H.Bryan,Leigh McDonough,Jane Kepner,of Irvine, California, their true and lawful Attorney(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, r000gnizances, 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 samewow signed by the duly authorized officers of the Companies, and all the acts of said Attorney(Win Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is Heade under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and . VOTED: That the Chaimum,the lreaident,any Vice Chairman,any Executive Vice Preaaident,any Senior Vice President,any Vice President.say Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneye4ti-Fact and Agents to coot for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sip with the Company's name and sari with the Company's seal bonds,recognazences,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 Preside ut,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 offices of the Secretary. ettary. VOTED: That any bond, recogshmm, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking 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 weed with theCompany's seal by a Secretary or Assistant Secretary.or(b)duly executed(under seal,if required)by one or mora Attormyas-in-Facet and Agents pursuant to the power prescribed in his or bar certificate or their cartificates of authority or by we or more y officers pu=mt to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by faedunlle(mechanical or printed)wonder and by aurtbortty of the following Standing Resolution voted by the Boards of Dirrdctors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURE'T'Y COMPANY and FARMINGTON CASUALTY COMPANY,wrhieh Resolution is now In full force and effects VOTED: 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 Secy ,*ary,any Assistant S etary.and the seal of the Company may be affixed by fiaimile to any power of aftmay or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attoarngys-ir-Fa#for purposes;only of cmuting and allmiting bonds ad undertakings and other writings oblipatwy in the nature thereof,and any such power of attorney or cacti cafe beafng m*facsimile signature or ftsimile seal shall be valid and binding upon the Company and any such power so executed and cartified by such fhesimile signature and badmile seal shall be valid and binding upon the Company in the Aturewith respect to Bary basad or undertaking to which it is attached. �.— (11.00 standard) uosuwgor*w Poi# X8 •� r ai cooz p hop qa L sm Pwa 'tn*Tp=oo Io MIng`PxoASPH J$AD WO UT'XxrsftOo Mp)D 2OWO OWOH M 19 Patos PTm PoaiS •aato;Ul MOU On'Alp0q v jo 04"MucJ MI tF" J=se 'sao)DQqO 3o RUWR M JD SUOPlosaU salPtMS M '*jOUUMrAV PUV tPW40AM uooq lou pq P= =OJ IN u! MPMM AIOqMv 3o OWUploo P=bWOUV JO rQAWd PRMV para SMoSaXol OT VM AMIM X9MM Oa WOOD Io OMS X13 ;o suowodioo Vw'AWd3gO:)A.L'IvnsvD XOLADXUQwji Psv x m3m),uzans aw Arrvasvo s armAym I A0 AWd1KO3 AJLZMag atsv x.L"I aM sY rINAVEL JD LMWng IUVM V VMdPrAM OM `I oflgnd)+qON 9WZ°oe ounr njtdm uolsslwuw►An jo=p s "ni i ftpmgaqj JWM GOWD MUIR JD Alm hq woMiodjoo mp 3o jptpq uo wauml P4s mp pap=xo agsraq IM pus`•sleds mmodw gams an W=R 4M Pigs MV of pmw stems a*XV:vwpssodwo Pies Io sleas ap smM aippq x*`WMl*Aoqs Mp PWM=qt/A PM UT PWZMP sWP� Pip 'A"diKoo ALIlVaM. NOLLflNlZit'rYd Pws A"dr O:) 11,. MMS ' AlWaM,'SIIWI'dAYILL `YOI13M 10 MlvdIKOD JLMtS ON AlIlVaM SlI'gWAVILL 3o 4=PPUd rU JOWS sl atppq v* :rtes Pu mdop P1P'uxw AQP am Aq luM`(Y€m tmM (»iwtOS'MOR,'M 3O?IOl!)mm AMj =Wq EODZ`"MUPA jo hp TPsZ sm uo Iu�►plse aalll aoItla$ U- 0 utrsdwoyj'M OWOOD Aa Z•i (MOALM AO A,.r.H OO u va�on�cxzrnsrn xos� ova P"JMH ss AWdNOn,Ulao ac v U7VnW3 MMIAVU VDr ¢v 10 AWd O:)h. UM"V XL"IvnW:)sMIAVIU znammmoo Act UVIS 'soot kilo h+q*Z sly P=W opM*q of od,00'PIP tae luaPlsud 031A Job's JTWP A Pals aq of sM pasneo wq ac Wara0:► WfISY:) MOJL!)NB V& Pw 4EKO:) AJ*Uas QW A.L'IYnSY:) b-armvILL y:)m v so AKvmo:) aLLawns axv Axivam suaz$Avu 'A03mauM SSRNJIM xu Traveler IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Can 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 9010 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. William J. Pollacek Treasurer-Tax Collector's ContraCounty Treasurer-Tax Collector 625 Court Street Costa Finance Building,Room 100 Russell V.watts P.O.Box 631 Count Deputy Treasurer-Tax Collector Martinez,California 84553-0063 Joslyn Mitchell (925)646.4122 Tax Operations Supervisor (925)957-2898 FAX Date: 11117103 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 8714 SAN RAMON 66384 PARCEL#223-100-036-1, 223-090.011-6 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 ding with the Clerk of the Board of Supervisors. William J. Pollacek Treasurer-Tax Collector By: �; uty