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HomeMy WebLinkAboutMINUTES - 12092003 - 2003 RES 766 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREE ERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2003/ 766 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8717,being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District M) The following documents were presented for Board approval this date: L Map The final map of Subdivision 8717,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III,said map having been certified by the proper officials. 11. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator:Public Works(ES) on the date shown. Contact: Teri Rie(313-2363) Recording to be completed by COB TE:gpp G:�GrpData\EngSvc\BOV003112-09-03\SUB 8717 BO-21.doe ATTESTED: DECEMBER 04 2003 M. Public Works-T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and Current Planning,Construnity Development T-October 9,2004 County Administrator W indemere BLC Land Company,LLC.Attn:Brian Olin 3130 Crow Canton PI#310 San Ramon,CA 94583 Fidelity&Deposit Company of Maryland Attn:Patricia H.Brebrer By Deputy 225 S.Lake Avenue,suite 700 • Pasadena,CA 91101 RESOLUTION NO.2003L 766 SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 8717 being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area(District HI) DATE: December 9, 2003 PAGE: 2 A. Cash Bond Performance amount: $28,300.00 Auditor's Deposit Permit No. 409852 Date: August 5, 2003 Submitted by: Windernere BLC, LLC Tax ID Number: 94-329-15-16 B. Surety Band Bond Company: Fidelity&Deposit Company of Maryland Bond Number: 08719202 Date: July 28,2003 Performance Amount: $2,800,700.00 Labor&Materials Amount: $1,414,500.00 Principal: Windemere BLC Land Company,LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map. The 2003-2004 tax lien has been paid in full. The supplemental tax lien is estimated to be $0.00. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/766 o_ 2 As PIP Y � mit= g 45;Ise C Pox n log lid 0 WV&1 9 >b; 5 >� mi ��0 - �A�Wt 0 19 on� ax W pit is fFrwm � iii= a2 � j$���e Y L. OPV %VAN `� z gb GO wqy Al -.. 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N4i'40b0 R � ati �`,�' T Lo''j a'41iTp 4 o 100.On w LO 00 � p i ". 3 t,•�D cyst s E a�IP rC� SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8717 Principal: Windt=re BLC Land CommL L.C, Effective Date: 19q 6 3 Completion Period: I year •'dINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LFN43BS Windemere,LLC, A Del—are limited liability evinpany CONTRA COSTA COUNTY PWNCIPAL Managing Member Maurice M.Shiu,Public Works Director BY:Lennar Homes of California,Inc., Managing Member :r By. (signature) (print name&Title) Don Larson,Vice President REC`UMMENDE,D FOR APPROVAL (signatt 1 By: (print name itle) LjKn Jochifn,Asst.Secretary Engineering S ces D vi " FO M-APPNYED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatum - must conform with the designated representative getups pursuant to Corporations Code 1313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Princ ,mutually promise and agree as follows concerning this subdivision: 2. j&ROVE1y�EN T S. 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 ofthe 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. IMROV MM 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 Performanm and Gee: S 28.300.Q.Q._ cash,plus additional security,in the amount:S 2,800,700.00 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 ofthe work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pmm t: Security in the amount:S 1,414�500Q 0 _,which is fifty percent(500/9)ofthe estimated cost ofthe 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§944.406 and§94-4.408 ofthe Ordinance Code. 4. Ci AKANTEE AND WARRANTY OF WORK, Principal guarantees that said work shall be free from defects in material or workmanship and shal l 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 ESTABL I HM ;NT 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. IIMPROVEM01 PLAN WABZMTY. 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 inderrl ities benefited and protected by this promise aro 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 proceedings)concerning said liabilities and claims. C. The actiQns c. ausin&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 mora of them; , D. Ng -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. COM: 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. IL NON-PE&EQRMANCE AND :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 attorneys fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12, INCORPORATIONIANNEXATION. 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.aBected by the Improvement Plans by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance. Rr:;Dude„. GAGrpDaratirinNSvcWorawNAG WORMAG-30.doc Rev.ouarxr 23,3002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of C,C"1 Ir 1 a OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On N. i before me,_ \ 1 \ t ` � DATE GF a YAR' A Dos Nrn Festa Though statute does not require the Notary to till in the data below,doing so may prove invaluable to personally appeared ��L Usftt-\ y '.am\ �, t L6)) persons relying on the document. / NA S)OFSIGNER(S) ❑ INDIVIDUAL 115 personally known to me- to ❑ CORPORATE OFFICER(S) ( be the person(s)whose name(s)Ware nn.E(s) subscribed to the within instrument and acknowledged to me that ha4lWthey executed the same in his4w/their authorized ❑ PARTNER{S} ❑ LIMITED T.AUSTIN capacity(ies),and that by hi&%w/their ❑ GENERAL COmmisslon# 1378739 signature(s)on the instrument the person(s)or ❑ ATTORNEY-IN-FACT Z OMY Notary PUb11C - Cailfornict the entity upon behalf of which the persons) © TRUSTEE{S) acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR Contra Costa Count0!:#1%GNATURE ❑ OTHER: Comm.Expires Oct 7,20% d and offici I soap SIGNER IS REPRESENTING: (NAME OF PERSONS)OR EN'1TTY(iE5)l 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 N©TAR'!' 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 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. 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 state . III. �IQN4TURES FOR PARTNEgSHIPS - Signing 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 RPORA IONS Documents shouldbee—signed y 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 Officerrd 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." JQMW G:\GrpDeri\Erq{Sve\Formt\WORD FORMS\ALL PURPOSE NOTARY.doc Rev.AuSum t,2401 • ! 0 M � � t A R •' • '! 0, A ,M0 0INN ME IN On' HIM ffi' m ME0 '_ : �► tet + . a ME _ �►► NEININN � ME MMEMIN BONToulS DEPOSIT Deposit consists of the following t.. / COIN . . .� CHECKS,Ma ETC. BANK DEPOSITS $ ,. AUDITOR-CONTROLLER� DEPOSIT PERMIT D. NUMBER DATIE ASSIGGNE— i irr i amount is g .. r ,.. ._ . �, • 0 • • 0 • 0' • • WW s •• M OW '* mom . . MEN II� mom NoMWTOTAL� DEPOSIT Deposit , . AUDITOR-CONTROLLERCHECKS,MJO.ETC $ BANK DEPOSITS $ FOR DEPOSIT PERMIT NUMBER DATE ASSIGNED COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDETOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA t RECEIVED FROM ' ORGANIZATION NUMBER HI (For Cash Collection Procedum sae County Adrrinishvio's Bulletin 105.) DESCRIPTION P-Q O/ORG: SUB` TAMC OPTION ACTIVITY AMOUNT ACCL g' . '. ! q q iI 6X63 y? 11190 5 � i ` tr 93q 1, . ,' 6K6 331 16�1212 Ig i ,'3-35 3q8,, i . `� g&3 11-5 23 a-3-31 1 1 6*6 'T I5L L k 11 IT A I I I I A I I I I I t I I I 1 14 3 ' F/ i EXPLANAJION: TOTAL E DEPOSIT coats of the following Rom COIN and CURRENCY $ CHECKS,MCS,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE 01,&Y PEPOSIT PERMMITT NUMBER ' AAS TE u The amount of money'dew*mW above is for Treasurer's receipt of above amount is approve& Receipt of above omount is hereby into the County Treasury. ocknowledged. <' s Dons Sigrwcl ,.,..,.r,,.. Signed. Title "UT. 7• Dapu Deputy County Traasw er -34 REV.(T COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA} RECEIVED FROM iJ ORGANIZATION NUMBER7 � (For Cash Collection Procedures we County Administrator's Bulletin 103.) DESCRIPTION! FUNDJORG ACCT TASK OPTION ACTIVITY AMOUNT I 1 1 1 I 1 I • 1 i f i ' I i 1 1 1 1 EXPLANATION: TOTAL $ I DEPOSIT 1 Deposit consists of the follo+wing items CONN and CURRENCY $ CHECKS,AO,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY OSIT PE DP NUMBER DATE ASSIGNED The amanN,of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby ,...#poiit into the County Treasury. acknowledged rTr i Ti 144XT -123"l r Deputy Aud Dopvty,County Treasurer -3A REV.(y-43) r ' ��� � 0649-9665 / 831000: 01120665, $500.00, 852816, Record of Survey Map Check Fee Deposit, Surveyors ,lob #0326, David D. & Sindy Appel Wilkinson, 200 Douglas Ln., Pleasant Hill, CA 94523 0649-9665 / 831000: 01120666, $500.00, 852815, Record of Survey Check Fee Deposit, Surveyors Job 0150, Jacqueline G. Stewart, PO Box 19, Clayton, CA 64517 0649-9665 / 831000: 01120667, $1.600.00, MS 4-02, Map Check Fee, Horse Hunt International, 2400 Ranch Del Lago Rd. Martinez, CA 94553 0649-9665 / 831000: 01120669, $26.162.00, PA 0006, Landscape Improvement Plan Review Deposit, Windemere Phase II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, Ban Ramon, CA 94583 0649-9665 / 831000: 61120670, $5,205.00, DG 0026 Drainage Improvement Inspection Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon Pl. ##310, San Ramon, CA 94583 0649.9665 / 831000: 01120671, $5.140.00, DO 0026, Drainage Improvement Plan Review Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon PI. #310, San Ramon, CA 94583 819800-0800: G1120672, $1,000.00, DG 0026, Cash Bond (civil), Windemere Phase III Windemere BLC LLC, 3130 Crow Canyon PI. #310, San Ramon, CA 94583 819800-0800: G1120673, $19,500.00, Sub 8716, Performance Cash Bond (civil), Windemere II, Windemere BLC LLC, 3130 Crow Canyon PI. #310, San Ramon, CA 94583 rot* U10 psi lieps Q uaee- e� 0678-9191-REV-65575, 6:1121137, $1.500,170, SP Right of Way 2003, Stanley K. A Janice L. Hansen, 1201 Monument Blvd, Brookview Park, Concord, CA 94520 Executed in Duplicate SSUE 8'717 tibdivi�►ioA: Bond No.: 08719202 Premium: $19,605.00 IMPROVEMENT SECURITY BOND volt SUBDMS1ON AGREEMENT" (Performance,Guarantee and Payment) (California Government Code §§66499-66499.10) 1. &EITwL t3F3uuvtvusioN AGaEEM£NT: The developer(principal)has executed a subdivision al reemeat with the County of Contra Costa to install and pay for street. drainage and other improvements in Subdivision�1712 ,.�.--- r.-..,as specified in the subdivision agreemew and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a ficial map or parcel map for said subdivision. 2. OLIJA Yicnrr: principal and FidelitZ and De osit Com an of Maryland , a corporation organized awl existing under the laws ofihe State of Maryland 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,Califonkia to pay as follows: A. Performance and Guarantee: Two MilljQ LI &W U=Ud Saen_Hed- Dollars (s for Contra Costa County or any city assize under the above County Subdivision Agreement. a. Payment•. Qix.Million Fm Hundmd F4mnm naummd Five l-lundred Dollars ( 1,414,50{}Qp _- __) to secure the claims to which reference is trod, in Title XV (commencing with, Section 34$2) of Pan 4 of Division 111 of dw Civil Code of the Statc of California. 3. CoNatTtbN: A. The Condition of ibis obligation as to Section(2A.)above is such that if the above branded principal, or principal's hefts,executors,administrators,successors or assigns.shall in all things stand to and abide by and well and truly keep and performs 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 elect. As pant of the obligation secured hereby and in addition to the face amount specified there#ore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation.all to be taxed as costs and included in any judgement rendered. U. 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 men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay,in addition to the fact amount thereof, reasonable costs„ expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfWly enforcing such obligation, to be awarded and fixed by the court,all to be taxed as casts 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 un+da ritle 15(commencing with Section 3482)of Part 4 of Division 3 of the Civil Code,so as to give a right of"on to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)droll relieve the surety from liability on this bonus;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED A.IVD SEwLfiD on July- 28, 2003 Windemere BLC Land Company, LLC By: Lennar Homes of California, Inc. , Fidelity and Deposit PFUNCIFAL: its mann,ger, St 'rY: C anX of.-Maryland Address; 3130 Croy Canyon Pi 40 Address; _22_5_ S. Lake Avenue, Suites 0 City: _SarVRamon. CA 94583 city; P ldena CA Zip: 91101 By. ley; Print haeme; Lawrence H. Thom s Print Name; Patricia H. Bre'bner Title-- Vice President'. Title; Attorney-in-Fact TU mw 10 G'4w►1D= -�F9m&%N woRiS 4.12 doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange Can 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 a 1335380 Notary Pubiic-California orange County amycomm.ExpiresDecI7,2005 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•-Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 08719202 Number of Pages: ,%✓� , Date of Document: July 28, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A/ 1OWLEDGMENT No.5307 State of California County of ©r_l&e_ On July 28, 2003 before me, Leigh McDonough,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Patricia H.Brebner NAME(S)OF SIGNER($) 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/sheithey 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 A 0116 behalf of which the person(s) acted, executed the Instrument. LEON COWOTAIIIam*1325674 N4f►ty pubac-California WITNESS my hand and official seal. omnas Couffq t c � raa N4sv6,2005 SIGRE OF NOTARV 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 Fj INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ® 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-4087/GEEF 2/9S 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Bax 7184-Ger ops Park,CA 91308-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,'Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of authority granted by Article V1,Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s nate,constitute and appoint Patricia.H.BREBNER,of Irvine,California, its true and la d ey ,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act ngs and the execution of such bonds or undertakings in pursua j ,s n said Company,as fully and amply,to all intents and purposes,as if x i ged by the regularly elected officers of the Company at its office in Ba it his power of attorney revokes that issued on behalf of Patricia H S e The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- y,and is now in force. IN WITNESS OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 4th day of February, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND Ftp Otpoa rt . By. T.E. Smith Assistant Secretary Paul C. Rogers Vice president State of Maryland ss: City of Baltimore On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. &"AA.- 'Ar Sandra Lynn Mooney Notary public My Commission Expires: January 1,2004 POA-t= 012-5025M EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED. "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY W1 EREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 28th day of July 2003 o+-/i' Assistant Secretary ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $_waived. This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year;for 2003, 7%of direct earned premium in the prior year;for 2004, 10%of direct earned premium in the prior year;and for 2005, 15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90010. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49,United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission;and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich Arneri can Insurance Company 2003 William J.Pollacek Treasurer-Tax Collector's Contra County Treasurer-Tax Collector 625 Court street Costa Finance Building,Room 100 Russell Treasurer-Tax Collector Watts P.o. Box 631CountyDeputy Tr Martinez,California 94553-0063 Joslyn Mitchell (925)646-4122 Tax operations Supervisor (925)957-2898 FAX Bate: 11117/03 IF THIS TRACT 1S 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 8717 SAN RAMON 6+6377 PARCEL#223-090-009-0, 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 1916 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: X, _ -- eputy