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MINUTES - 12092003 - C31-C34
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT', CALIFORNIA ell Adopted this Resolution on December 9, 2003,by the following vote: AYES: SUPERVISORS GIOIA1 UILKEMAI GREENBERG- ;-GLOATER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 764 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8715 being developed by San Ramon(Dougherty Valley), area. (District III) The following document was presented for Board approval this date for, Subdivision 8715 located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,100-00 Deposit made by: Windemere BLC, LLC Auditor's Deposit Permit No. and Date: 413390 October 16, 2003 1 hereby certify that this is a true and correct copy of an TE:gpp action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Teri Rie (313-2363) Recording to be completed by COB G:\GrpData\EngSvc\BO\2003\12-09-03\SLJ]3 8715 BO-16.doc ATTESTED: DECEMBER 09, 2003 cc: Public Works- T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and Current Planning,Community Development County Administrator T— October 9,2004(P 1) Windemere BLC Land Company LLC Attn:Brian Olin 3130 Crow Canyon Place#310 San Ramon,CA 94583 Safeco Insurance Company of America By ,Deputy Attn:Patricia H.Brebner I a 330 North Brand,Suite 1000 Glendale,Ca 91203 RESOLUTION NO.2003/ 764 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8715 being developed by San Ramon(Dougherty Valley), area. (District III) DATE: December 9, 2003 PAGE: 2 11. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number and Date: 6231671 September 25, 2003 Performance Amount: $106,400.00 Labor&Materials Amount: $53,750.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/764 SUBDIVISION AGREEMENT (Right of Way Landscaping) kGovernment Code§66462 and §66463) Subdivision: SUB 8715 Effective Date: Subdivider: Windemere BLC Land Company, L.L.C. Completion Period: 1 year W1714DEMERE 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 SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M. Shiu, Public Works Direct r By:Lennar Homes of California,,Inc.,, rnaging Member (signature) AALA= r By: C+/ 4L so -.w (print narne&title) Don rson.,Vice President RECOMMENDED FOR APPRO (signore Z� By: I J: e) '7 ,Engineering Services Divisi"m (prin me itle) Ly Jochim,AAst.Secretary FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa, California, hereinafter called"Counly,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS'. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall, pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 1,100.00 cash, plus additional security, in the amount of 106, 00.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 53,750.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with §94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. r 5' PLANT ESTABLISHMENT WORK. %" .-adivider agrees to perform establishment woi r 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-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period, said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor, or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions, officers,agents, and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation,or any combination of these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liar are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specifications)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. E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section 1 above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that BLC shall not be required to indemnify, protect, defend or hold County or District harmless to the extent any claims, losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 9. COSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including, but not limited to: engineering, inspection, surveys,contract, overhead, etc.) immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors, in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit, bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw:lap G:1GrpData\EngSvc\Forms\AG WORDIAG-30A.doc Rev.May 18,2001 40 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of N'I On 6ey."40 before me, VI N pt NC;F/k g-I ea P.,L4 C-, Date Name and Title of Officer(e.g.,"Jan d Doe,Notary Public") personally appeared Name(s)of Signer(s) ;:)<personally known to me E proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-4e/are KAREN L. KEEI!N�A�N 00-71 subscribed to the within instrument and Commission# 1378827 acknowledged to me that heIl4sh /they executed California 1> < ft Notary Public - the same in Ns*wftheir authorized ounty Contra Costa C he /their t 7,2006 capacity(ies), and that by MyCommi.Expires 0C signature(s) on the instrument the person(s), or YL the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS )'hand 7andofi�cial s Signature of N )Pblic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: [I Individual Top of thumb here E Corporate Officer—Title(s): E Partner—El Limited 0 General E Attorney-in-Fact E-1 Trustee El Guardian or Conservator E Other: Signer Is Representing: 11)11��IVKS!71 X`! 2101! is�l ''I"! 1Q ©1999 National Notary Association#9350 De Soto Ave.,P.O.Box 2442•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 %.vur4 j-.y yr t K^%..vim t�+► DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROL R r. CALIFORNIATO THE TREASURER: �AARTINEZ, RECEIVED FROM ORGANIZATION NUMBER { nimtion) z a � (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB' TASK OPTION ACTIVITY AMOUNT ACCT. $AX) f __J_ 'ILI 1, t I T, 4 1 cx/kJ L 6-/'3tl fvi 61 jL-V </A7I 64-1) N4uL_ L K2 7, r I I I I I I I I I I I J` C, &.1 art yC (/�� ---f// � `' ����� 1{ < �i...(., Jr. `-~1 f I / _f �..Vii..: �f. I �� 6X)3��_ 01 4)11wA) ASP l !' i.•, J^ &-el3, 1715 (j f {{jt�� mss•" � j r; i. / E ��1.' � �r in ��c-�''•-'-"• r� �.. y� ��jf�+� `GAJ -�l� '��';,�� �- j/"�r�f,,- �.�.... I f EXPLANATION: r ,-� TOTAL $ f �"� I; 1,2�Ij DEPOSIT ,el r' Deposit consists of the following items - Y rc.,• �,,,,,,� �ri*�,..� t ��Os.."' ��'. ���+ ��/ ! �il.•' � �r ����.Lr'� (.� � f r�G...� i:f•"f I COIN and CURRENCY $ j. r CHECKS,M.O.,ETC, $ , BANK DEPOSITS $ 7 FOR AUDITOR-CONTROLLER USE ONLY "A)V&'I C FS _ ,/ DEPOSIT f K '`�{ ,. �,.,. PERMIT DP NUMBER `r,,-`[t/.-��{/j} ,_t/Jj+��.i—.. f �„•'r"/-�/{jJ+i J f/l J�i_—�'�'l�i(r"'+{{'J'f;e 4,,ij /f(�rtef_f�-/'r �1�.,r••��f 1 C[{ij,`jli//"'r_:fl-.r.f'-It' - !f((�.?; ��N�'�+�-;• �yrF,,!f�S.'L f�,(1)%•1•�/j G.�f�,,f-. DATE E - 4.1141-1,136 -111 y�^ �*,1 !.., ly ASSIGNED The } J 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. -- Signe` '' '':�.. `.�` _c:L: '. Dote %` i ff' 1F fb'.�- Signed: _`' - Signed. Tale—V - 'r �'s -' EXT. �`• -' - :�`"1'- Deputy County Auditor Deputy County Treasurer D-34 REV,(7-93) t� , I WUN I Y ter LUN i KA t..0-1A , -1 DEPOSIT PERMIT -' .` OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIF TO.THE TREASURER: CALIFORNIA RECEIVED.FROM ORGANIZATION NUMBER t0*rjmtonl i Uin(44 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION - FUND/ORG. SUB.ACCT. TASK 1OPTION1 ACTIVITY AMOUNT �Sd . a c V.- f 01 1&1 it I yr�_, I I I I I 1� I q5__:) I `N3.1 7S �O rop.- I_(_JA I a K, I I L -N r OX { (rr i j r�� / t j �j J 1/i '!'1 f All } _ PIZL r r qtr 412 / f c .` It` # J�11'`l 1 ff J I�e f 4✓/✓ Z2 _E: A z1)�E2 7 lt� I of -4- (e T111- L-.�j ��;�'�',�✓l`���� �j'��,�' _��,`tom i�.a''�� ;Am el I I I I I I I I I I I I L I I I I ( ,.i _ t � f i I t I i. t F ..i•" Gj AND, L75-�q�jc;__ 6 7 EXPLANATION: TOTAL $ i DEPOSIT I Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT 'F r PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amountis approved. Receipt of above amount is hereby deposit into the County Treasury. ;�'"f acknowledged. Signf�.Zk s� :.� , Date f .Signed: ,is__ Signed: Title's r' r EXT. -.� f 4� Deputy County Auditor Deputy County Treasurer D-34 REV. 7-93 COUNTY Of.CONTRA.C;UbTA DEPOSIT PERMIT 01 • OFFICE OF COUNTY AUDITOR-CONTROLLER ` MARTINEZ,CALIFORNIA 'TO THE TREASURER: RECEIVED FROM ' ORGANIZATION NUMBER (Crgo6 ) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB. TASK OPTION ACTIVITY AMOUNT ACCT. ,r $ I TI.- , I lilt 11111 Ill. l �N t/ a I 1k ,I. I ILI I I I I I L I I I I I I I I I I I I I I I I I 1 1 . 1 t I I I I I I i I I I I I I L-A I t 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I L I I L I I I I I I I I I I I I I I I I I I L A I I I I I I I I I I I I I I I I I l l I l _ l l I i I I c c ! I I i 1 I I ! EXPLANATION: TOTAL $ I DEPOSIT I Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT "�'--7' PERMIT DP r NUMBER DATET ` 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 Coypty Treasury. acknowledged. Signe ate r � c r f Signed: - ^�` .� `�'' . �,; 1; ,: Signed: Title: 7l'` `, !,i EXT. :.. Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) j 1 819800-0800: G11216711 $1,100.00, Sub 8715, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 819800-0800: G11216731 $21250.00, Sub 8716, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121675, $5,,900.00, Sub 8717, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G11216131 $1,1400.00, Cash Deposit for Flood Control Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513 0649-9665 831000: G1121653* $400.00, R5 2836, Record of Survey Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507 0649-9665 / 831000-- 61121654, $500.00, RS 2837, Record of Survey Deposit, Downrite Demolition & Excavation, 1407 Webster St. #201, Oakland, CA 94612 0649-9665 / 831000: 611216551 $500.00, RS 283, Record of Survey Deposit, Crenshaws'. 228 Calle Le Montana, Moraga, CA 94556 0649-9665 / 831000: 61121657,f $20,800.001 RA 1147, Road Acceptance Inspection, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 61121658, $141-280.00, DG0028, Drainage Inspection Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 831000: 611216591 $109,r150.00, PA0005, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 0649-9665 / 831000: 611216611 $135,1700.00, RA1142, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 819800-0800: G11216151 $20,755.00, Sub 8571, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G11216171 $31,800.00, Sub 8572, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G11216181 $42,480.00,, Sub 8577, Cash Performance Bond/ Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 611216191 $9,460.00, Sub 8578, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121620, $17,000.0Q., Sub 8579, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 611216561 $3,840.001 PA11471 Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G11216601 $13,600.001 PA0005, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-080011 G11216621 $20,700.001 RA1142, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800:. G11216641 $1,000.00, Sub 8.712, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G11216661 $1.,320.00, Sub 8713, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G11216681 $22,300.00, Sub 8683, Cash Performance Bond Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800-- 611216691 $1,500.00, Sub 8714, Cash Performance Bond Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 ti 0649-9665 831000: 611216631 $8,200.00, Sub 8712, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 611216651 $11,050.00, Sub 8713, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G11216671 $12,600.00, Sub 8714, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310, Son Ramon, CA 94583 0649-9665 / 831000: 611216701 $9,100.00, Sub 8715, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 I 831000-- 611216721 $18,500.00, Sub 8716., Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 0649-9665 / 831000: 611216741 $47,680.00, Sub 87171, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 821400-0800: 611215031 $64,248.00, SCC Sub Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 821500-0800: 611215031 $23,628.001 SCC Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 828800-0800: 611215031 $19,140.00, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivision: SUB 8715 Road No.: 6231671 Premium: $745.00 IMPROVEMENT SECURITY BOND FOR PUBLIC`RicH T`OF WAY LA"SCAPIE AGRUMENT (Performance, Guarantee,artd Payment) (California Govenunem Code Sections 6646.) and 66463) I. RECITAL OF SUBDIVISION AGRF-F-MENT: The Principal has executed an agreement with the County w install and pay for public tight of way landscaping, other related improvements in Subdivision 8715. as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within The time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance with Stage and local laws and rulings thereunder in order to satisfy conditions for filing of the F Map or Parcel Map for said Subdivision. 21 OBLIGATION: Windernere BLC Lan d-Coni pm.L. .C. as hilripaL aid S-afeco Insurance-Company. of America a corporation o existing under the laws of the State of Washington-- and aurhoriued to transact suety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors,, and assigns to the County of Contra Costa,California to pay it: A. Performance and Guarantee:—- One Hundred Six Thousand Four Hundred=d 00/100 .Dollars ($ 1063400.00 for itself or any city assignee under the above County Subdivision Agreement,plus He Payment: ift Three'Thousand Seven Hundred Fifty and 001100 Dollars (S_._.. ..._ 53,7 50-0 I to secure the claims to which reference is made in Title XV {commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3* CONDITION: Wn"ENNOWN& A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators, successors or assigns,shall in all things stand w and abide by,and well and uruly keep and perform the covenants,cionsTand proviondi 'w rsions in the said agreement and any alteration thereof made as therein provided,on is or its an,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 pan of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, ,incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any Judgement rendered. a. The condition of this obligation as to Section 2.(R) 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 afore-said agreement and referred to in the aforesaid Civil Code for materials Rumished or labor thereon of any kind,or for amounts due under ihe Unemployment Lasurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding The amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, inc Lured by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court,and to be taxed as costs 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 ns,companies and corporations entitled to file c under TiTle 15 �co�encMgperso with Section `,%)o I 82)of Pan 4 of Dv vision 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of tWs bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. co No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on September 25, 2003 WIND RE BLC LAND COMPANY., LLC By: Lennar Homes of California, Inc. PRINCIPAL: its manager... - SLWTV: SAFECO INSURANCE COMPANY OF AMERICA Address: 24800 Chrisanta Drive Address; 330 North Brand Blvd. , Suite 1000 C Mission Viejo, CAZ- . 92691 0 ity; City: Glenda)M,, CA P: 1203 By: Byq- Print Name: David Evans Print Name: Patricia H. Brebner Tide; Vice President Title: Attorney-in-Fact--- \\rw!$I\ZIHMWATAkOTPOOtUPYC\FMOS�BN WOMBN-12A.40C P.*Y.Jum 17,1999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 26, 2003 before me, Gordon J. Peterson, personally appeared 'David Evans, 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 PETERSON J. Witness my h and official seal. Commission 1 335380 �_ z Notary Public-California Orange county 7 MCF, In.Expires Onx-,4 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. 6231671 Number of Pages: Two (2) Date of Document: September 25, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE I NOWLEDGMENT No.5907 State of California County of Orange On September 25, 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(S) personally known to me -OR- F-1 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 LEIGH MC-DONOUGH behalf of which the person(s) acted, executed the instrument. Commission#1328674 Notary Public-California Orange County WITNESS m hand and official seal. MY COmm.Bpims Nov 6,2005 SIGNATURE OF N RY 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 F] INDIVIDUAL M CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) F] PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) F] GUARDIAN/CONSERVATOR NUMBER OF PAGES F OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 17 POWER SAFECO INSURANCE COMPANY OF AMERICA S A F E C �C3® GENERAL INSURANCE COMPANY OF AMERICA trk4aao OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 9675 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint **********RHONDA C.ABEL;JERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT;JANE KEPNER;STANLEY C.LYNN;NANETTE MARIELLA-MYERS; MIKE PARIZINO;JAMES A.SCHALLER;ALEXIS BRYAN;LEIGH MCDONOUGH;Costa Mesa, its true and lawful aftomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this loth day of —January 2002 R.A.PIERSON,SECRETARY MIKE MPGA"VICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelfty and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (0) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-aftomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 25th day of September 2003 QATWI L SEAL SEAL X 0.06► .19503 R.A.PIERSON,SECRETARY S-09741SAEF 2101 V A registered trademark of SAFECO Corporation 1/10/02 PDF --o M JE( A T NO, WE I ,E. n: [yy['s`�.��'f��[•_t�tyyh�.'�: +e!��! .��,1?c !��!a � ••y: Mn .,�t1�y�. ,:,Affil; yrs; s �� <M:'*Mt iM. '-W-.`• i} ;v .fSiR•. " `riR'�::t: :` 4/.:'• rrl 1'7 �t�..`•. `: : .. ..... ..t.... . .. ,.,. ..... ..... } ..... ., . ..v �.m.ny- .Stya P", . '.5Y'i. :Y:: :.Yi.'}. ':TXt: :Y;.Y:: '•wti. ..t...... v�♦ v♦ .:�' Sk > e .h. ' ••Y a y `vf • �y��;"'yeai .i kroig 4*'* y■■.' muta"UX-0"M anyt i ::a gat` :. _ <.� ::.,. .. . :.. ...... . ,.... . ,.i .,ay'. > rizp• Yy' i d$t) th"' + 'r� • �� • 'A, � > �_ `. tom• � . !: 3 ••ti f' :� � t•�: :� �..... � � .t �. . :�:. �� ,}]_.�jx/r-. �`�.•� � � :Vii. .�..'��` '' t!5 • - , 'k' .. .rryshed:-,dod u d-�M4•.•`•r'r '"i•• .' r. ��G�ie�.�. ilw-'M-- Ice is J'o..4 tt• obs t j.f y O- d .<ts : ..�. Id tw�r, i{ ft THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .Z Adopted this Resolution on December 9. 2003 by the following vote: AYES: SUPERVISORS GLIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 765 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Sub 8716, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for, Sub 8716 located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $2,250.00 Deposit made by: Windemere BLC, LLC Auditor's Deposit Permit No. and Date: 413390 October 16, 2003 TR:cmm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2003\12-09-03\SUB 8716 BO-16.doc Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development ATTESTED: DECEMBER 09 2003 T—October 9,2004(P I) If Windemere BLC Land Company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and Brian Olin County Administrator 3130 Crow Canyon Pl.,#310 San Ramon,CA 94583 Fidelity and Deposit Company of Maryland Patricia H.Brebner By Deputy 225 S.Lake Avenue,Suite#200 Pasadena,CA 91101 RESOLUTION NO.2003/ 765 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Sub 8716, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: December 9, 2003 PAGE: 2 11. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08719221 September 24, 2003 Performance Amount: $222,250.00 Labor&Materials Amount: $112,250.00 Principal: Windemere BLC Land Company,LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/765 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: SUB 8716 Effective Date: Subdivider: Windemere BLC Land Company,, L.L.C. Completion Period: I year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a California limited liability Company By:LEN-OBS Windemere,LLC CONTRA COSTA COUNTY SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M. Shiu, Public Works Director By:Lennar Homes of California,Inc., nagi,ging Member AAA By: (signature) (print name&tit Don Larson,Vice President RECOMMENDED FOR APPROVAL: low _1/ An (sign A By: Z� J {print L nm Wchim"A—sst.Secretary Engineering Services DiWgion e#*" f' ,t,I' FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California, hereinafter called"County,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499, and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 2,250.06 cash, plus additional security, in the amount of $ 222,250-00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 112,250.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. V 5. PLANT ESTABLISHMENT WORK. ;.uodivider agrees to perform establishment wo► )r 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-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed; nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers, agents, and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation,or any combination of these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liabilitv are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided,however,that BLC shall not be required to indemnify,protect,defend or hold County or District harmless to the extent any claims,losses, liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 9. COSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract, overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit, bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw:lap GAGrpData\EngSvc\Forms\AG WORD\AG-30A.doc Rev,May 18,2001 �2 aF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. ii County of 0N)_rCj�, �T 'S before m PU6 On kDE�.HESECj&,. Ob e, V)P, V)IiE�eN-A N IC Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared �koN LI P1LNZ__> Ln1YNiM k* Name(s)of Signer(s) PSpersonally known to me E proved to me on the basis of satisfactory evidence 1W& Am- 1M_ to be the person(s) whose names)---ie/are KAREN L. KEENAN subscribed to the within instrument and acknowledged to me that4iefs /they executed 17 Commission# 1378827971 Z Notary Public - California D the same in his 49t4/their authorized -7 Contra Costa County capacity(ies), and that by #im& /their My Comm.Expires Oct 7,20.0-6 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand an,"ff icial 'al. gel A L 0 rA. Signature of N,11)-Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: F-1 Mp '� Individual Top of thumb here El Corporate Officer—Title(s): El Partner—❑ Limited 7 General El Attorney-in-Fact 11 Trustee 0 Guardian or Conservator El Other: Signer Is Representing: C 1999 National Notary Association-,9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 r 1 DEPOSIT PERMIT r OFFICE OF COUNTY.AUDITOR-CONTROL R f. TO THE TREASURER: MARTINEZ,CALIFORNIA r4 r- RECEIVED FROM - ` ' pmt;«,) ' ORGANIZATION NUMBER J, 4 iJ J (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB. TASK OPTION ACTIVITY AMOUNT ACCT. , $4 W[ I 4,__4F, 0, L hFV I f 1 -1 y�6 0 b 1 t �f (ell"hetv- ill it-V 0 0 -I ,e.2r 1 r J �•{jJf/a �.+r. � ill I I t t I �r r tl.1 f .•! � �jjf 4 !`_/ L,..���}(` �-��r �q'( `r'`I )�'l yl I r I I I A jj ` ! •,f„i J� � � r ( { it rr '~y/ �1� fj / •r^ l � t e t�" U , = r r I I t I I I F)ILI _J6,L_ -4 17 "� t J r l iIll...L• { i j II 1 f�� ►J�5j f (7 � F l' �j. � ' � 41 fFA � f r-''`,-i •'� rr){ r•;. J ref J/• 1/1 I ti,f .1 7) _1 I t 1- 1 L I I 1 1,-IF U fl, I I fk.,IC I I J�20. . �-, /. 5 6)1 a-) EXPLANATION: r ............ TOTAL $ r (711 2.1 (Tf rr ._ t; .,; DEPOSIT(7 a t f- r ;1 ��'` 4.2 m , r�, �; _ Deposit consists of the fallowing items 6 llza, 7j. �,- COIN and CURRENCY $ CHECKS,M.O.,ETC. $ / BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEP OSIT PERMIT DP NUMBER /r !t... i,,,. l,r•.'-'+� f �� „r% f`,.. / 4r ,rye -',jj{}''' Ci, ..^ y. f//)1 Yi(^i •'+ t F r i I"4+i f (rr1 f..J f`1'/rte f;fy�f,>C.'�f C+. tf DAT E �.C" 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.P*f4 ---;> Sigrie: •.,,r Date :4 i -I ..' j ���rLL^ ned: -' Signed. EXT. Deputy County Auditor Deputy County Treasurer ..: i / r 1 GVVitiI t Y VC WN 1 KA t,.VJ lA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR CONTROLLER - TO.THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED.FROM it AP t. ORGANIZATION NUMBER `+ (O►ganization) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION - FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. 1� A r.�z � $ i I f 1 f" , � �^�� }' f � \ e Y '.� , /)! / /f/ i`J �y7S ' �O t F � '•.."' [ I I CA)I- -RAL 64Asl� 6e, )� a2- .3d J�)6� t!( r 1c, , f -4-- , C Z2 /1?11 91 t �� rLi A<j J 'j I, t(1, 4i�` -• �I ! f De AND, 7 S/ 1/�Y I EXPLANATION: _ TOTAL $ I DEPOSIT I Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ;c--.' .• 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. Ij., J r %i si g t t r t Dates 1����'ll..� r 'j' -, Sianed: s� �� r''. : Signed: Title• `( ( EXT. - '` �'. `t Deputy County Auditor Deputy County Treasurer M_' �' P Y Y :' f D-34 REV.(7-93 .... 117 =, r f COUNTY QIP'CONTRA C:C?STA DEPOSIT PERMIT • OFFICE OF COUNTY'AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA To THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER til (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND f ORG SUB. TASK OPTION ACTIVITY AMOUNT ACCT. 1 $ i )5# i ! I I I —A I t A I I I I 1 .1 A —59.1 Ll_� I I lot I I I I I I I I I I I I I I 1 —1 1 1 A I �' . LO 900 qr2VS 1 j I I I I I t I I 1 -1 1 1 1 1 L—AI I I I f--A I I I I I I I I ! I I I A- t I I I I I I I I—A 1 11 1 1 1 1 1 I I I t I I i i I ! - A I I - I I A I I I 1 11 1f ! L-A 1 11 1 1 1 1 1 I I A I L A I t --I I I I I I I 1 11 1 1 1 1 I I: I-A I I I I I I I L A_ I I t I I A I t -A I L—I I I I I I I I I L I I I I I L I I 1 1 . 1 1 1 1 1 1 1 1 f I I I i i i I i ! i t . i 1 EXPLANATION: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT ` PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the Coupty Treasury. f ,,, acknowledged. Si ne "'�' '' :'i : ' = R�- Date gz ,. Signed: ~�`'� �` Signed: Title:'? l, '`` EXT. . Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) 819800-0800: G11216711 $11,100.00, Sub 8715, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800-0 61121673, $21250.00, Sub 8716, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 819800-0800: 61121675, $5,900.00, Sub 8717, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: G1121613, $1,400.00, Cash Deposit for Flood Control Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513 0649-9665 / 831000: 61121653., $400.00, R5 2836, Record of Survey Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507 0649-9665 / 831000: 61121654, $500.00f R5 2837, Record of Survey Deposit, Downrite Demolition & Excavation, 1407 Webster 5t. #2011 Oakland, CA 94612 0649-9665 831000: 611216551 $500.00, R5 283, Record of Survey Deposit, Crenshaws'If 228 Calle. Le Montana, Moraga, CA 94556 0649-9665 / 831000: G1121657, $20,800.001 RA 1147, Road Acceptance Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121658, $14,280.00, DG0028, Drainage Inspection Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon/ CA 94583 0649-9665 831000: 61121659, $10911150.00., PA00051 Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G11216611 $135,700.001 RA1142, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121615, $20,755.00, Sub 8571, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G11216171 $31,800.00, Sub 8572, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-08000 G11216181 $42,480.00, Sub 8577, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800-- G11216191 $9,460.00,, Sub 8578, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61121620, $17,000.00, Sub 8579, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G11216561 $3,840.00/ RA11471 Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 611216601 $13,600.001 PA0005, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 611216621 $20,700.001 RA11421 Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 819800-0800: G11216641 $1,000.00, Sub 8712, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 611216661 $1,320.00, Sub 8713, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800-- G11216681 $.22,300.00, Sub 8683, Cash Performance Bond Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 819800-0800: G11216691 $1,500.00, Sub 8714, Cash Performance Bond Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 I 831000: G11216631 $8,200.00, Sub 8712, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G11216651 $11,050.00, Sub 8713, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 611216671 $12,600.004, Sub 8714, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310, Son Ramon, CA 94583 0649-9665 / 831000: G11216701 $91,100.00, Sub 8715, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 0649-9665 / 831000: 611216721 $18,500.00, Sub 8716, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 0649-9665 831000: G11216741 $47,680.00. Sub 8717, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 821400-08000 611215031 $64,248.00,1 SCC Sub Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 821500-0800: 611215031 $23,1628.00/ SCC Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 828800-0800: G11215031 $19,140.00, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 OW. EXECUTED IN DUPLICATE Subdivision* SL 9716 Bond Noff 0871 9221 Premium: $1,556.00 IMPROVEMENT SECURITY BONS) FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance,Cnuuanice,and Payment) (California Government Code Sections 66462 and 66463) 11 RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an 4greemew with the County To install and pay for public right of way landscaping,,and other related improvements in Subdivision 8716 as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work wiThin the time specified for completion in the Subdivision Agreemcnt(Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2* OBLIGATION* Windemere 13LC Land CAmpggy,-L.L.C. 31 as ftituipal,,and Fidelity and Deposit Company, of -Maryland a corporation organimd exisimvg under the laws of The State of Maryland and authorized to transact surely business in California, as Surety, hereby jointly and severally bind ourselves,, our heirs, executors, administrators, Successors, and assigns to the CounTy of Contra Costa, California To pay it: A,v Performance aud Guarantee: Two Hundred T an me,n o Thousand Two unfired Fi y d Tw- 0Q1 100 Dollars -222,250.00 for itself or any city assignee ander the above County Subdivision Agreement,plus 139 Payment: One unfired Twel�velhou and Two I s iundreariftyw400/100 Dollars ($ 112150.00 to secure the claims to wbich reference is made in Title XV (commencing with Section 3082) of Pan 4 of Division III of the Civil Code of the State of California. 3, CONDITION: As The Condition of this obligation as to Section '.)..(A) above is such that if the above bounded Principal,his or its heirs, executors,ad4ninistrators,, successors or assigns, shall in all things stand io and abide by,and well and truly keep and perform The covenants,conditions and provisions in The said agreement and any alteration thereof made as therein provided,on is or its part;,w be kepi and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee),its officers, agents and employees,as Therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face=ount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 810 The condition of this obligation as to Section 2-(13) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act With respeci w such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to ihe fact arnoani thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled To file claims under Title 15(commencm* g with Section 3082)of Part 4 of Division 3 of The Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond- Should the condition of this bond be fully performed 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 shall relieve any Surety from liability on this bond; and consent is 3� hereby given to make such alteration without furEher notice To or consent by Surety;and The Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bow without regard To and independently of any action against Principal whenever taken. SIGNED ANT)SEALED on SeRtember 24, 2003 WINDEMERE BLC LAND COMPANY,, LLC By: Lennar Homes. of California, Inc. FIDELITY AND DEPOSIT COMPANY PRINCIPAL; -I its manager SURE` Y; OF MARYLAND Address: 24800 Chrisanta Drive Address: 225 S. Lake Avenue, Suite 700 C mission Viejo, CA 92691 Pasaden CA CiTy- - a IZ 91101 By. mDavid Evane By- 8/ ' Print Marne. Print N=e. Patricia H. Brebner Vice President Title: Vice Attorney-in-Fact .MW tiTWSILSli.**RDAIAX(irpD4t4\EngSvc\fomu\13N WORWRN-12A C10C Rcv,Jww 17.19" 3c2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On September 25, 2003 before me, Gordon J. Peterson, personally appeared David Evans, 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 h d and official seal. GORDON J.PO'ERSON 4e Comrnissicn#1335380 Notary Public-California Orange 17,2 Coun ,i r-, K11 y C o rr#r n Erp, i r e u�,,D er, 0 4,?_, 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. 0871 9221 Number of Pages: Two (2) Date of Document: September 24,, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE. 'F,,NOWLEDGMENT No.5907 State of California County of Orange On September 24, 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 SIGNER(S) ❑ personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RHONDA C.ABEL 0 COMM.#1312777 SIGNATURE OF NOTARY 0 NOTARY PUBLIC-CALIFORNIA@ ORANGE COUNTY 0 A ,�q COMM.EXP.AUG.9,2005 !k- p \�u O_IF9_�w 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 .j S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 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 law to make,execute.) seal and deliver,for,and on its behalf as surety,and as its act a takings and the execution of such bonds or undertakings in pursuan 0 n said Company,as fully and amply,to all intents and purposes,as if th xec 6 ged by the regularly elected officers of the Company at its office in Ba re h it r This power of attorney revokes that issued on behalf of Patricia H Se 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- and is now in force. IN WITNESS W 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 DEPO By: T E. Smith Assistant Secretary Paul C Rogers Vice President State of Maryland SS: City of Baltimore I 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. PU" ��" 0-001 Sandra Lynn Mooney Notary Public My Commission Expires.- January 1,2004 POA-F 012-5025M ZURICH TMS U"ORTANT DISCLOSURE NOTICE IS PART OF YOUR,BOND Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company,Zurich American W Insurance Company,and American Guarantee and Liability Insurance Company are rnzking 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 for Term 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 I bm"tations,that do not differ materially as those for losses arising from events other d=acts of terrorism. DisclosureofFederal Share of W-grance Comp nan-yls-Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States go-vernment will share in insumce 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 90%. In the event the United States government participates in losses,the United States govermaient may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States govei=ent participation in terrorism losses that exceed$100 billion in any one calendar year. Definition of Act of Terrorisux The Terrorism Risk Insurance Act defines "act of tmorism"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. I. 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 daj=&e 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 (ot a vessel based principally in the United States,on which United States " IP income tax'I s 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 Muence 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 terrori 3 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 DESAUINIER 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 Ell) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8717,property located in the San Ramon(Dougherty Valley) area, Supervisorial District 1H, 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\BO\2003\12-09-03\SLJB 8717 BO-21.doc ATTESTED: DECEMBER 09,, 2003 cc: Public Works—T.Bell,Construction 0 Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and T—October 9,2004 County Administrator Windemere BLC Land Company,LLC.Attn:Brian Olin 3130 Crow Canton PI#310 San Ramon,CA 94583 Fidelity&Deposit Company of Maryland Attn:Patricia H.Brebner By Deputy 225 S.Lake Avenue,Suite 700 Pasadena,CA 91101 RESOLUTION NO.2003/ 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 III) 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: Windemere BLC, LLC Tax ID Number: 94-329-15-16 B. Surety Bond 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 1111. 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. 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VAJir :5 cp c2c"V scm S� CID -C-4 r- 00 CP 'CPCP -C-4 rS ED C-4 C-�C-4 C-4 (:P\-C.X 61 6�1 f 00 - -jo- s6\� 0 10 Ao c X 1>y cc) g C�l or_:it 25 b US 0x 4 W- LA.,0 ::� S-- Lf r OF 0'- Ilk x ca co z <(v 33S L 131Y W-6 o .61 1�; Z's tt , C, C�- SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8717 Principal: Windemere BLC Land Company,L.L.C. ion Period: 1 year Effective Date: V� CompletI "VINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windermere,LI-C, PRINCIPAL A Deh,.wflre limited liability .irnpaiiy CONTRA COSTA COUNTY 0 Managing Member Maurice M.Shiu,Public Works Director BY:Lennar Homes of Calif-urnia,Inc., Managing Member B (signature) y: (print name&Title) Don Larson,Vice President RECOMMENDED FOR APPROVAL (signatwcp_XK?�� By: 9(-4k (print name Vrisle) L Jochifn,Asst. Secretary Engineering SWces Dfvi". 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.) PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"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: $ 28,300-00 cash,plus additional security,in the amount:$ 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 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:$ 1,414,500-00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of Cash,certified check,or cashier's check 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. II. 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:JD:Iad/cw GAGTpData\EngSvc\Forms\AG WORMAG-30.doc Rev. October 23,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT k r State of CA- C�h,� Ua OPTIONAL SECTION County of LZLI�-Ta CAPACITY CLAIMED BY SIGNER 'e On ,before me, Though statute does not require the Nota to fill in q Notary DATE NAME, TLE OF O FI ER E.G.,"JANE,DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared persons relying on the document. .�__ �-. � NA (S)OF SIGNER(S) ❑ INDIVIDUAL personally known to me- to ❑ CORPORATE OFFICERS) be the person(s)whose name(s)ire TITLE(S) subscribed to the within instrument and acknowledged to me that bei/they executed ❑ PARTNER(S) ❑ LIMITED the same in his r/their authorized ❑ GENERAL T.AUSTIN capacity(ies) and that by amu*/their ' "•,�" ❑ ATTORNEY-IN-FACT Commission# 1378739 signature(s)on the instrument the person(s)or 7 - »�M Not z the entity upon behalf of which the erson s ❑ TRUSTEE(S) ary Public - California �, p ( } ❑ GUARDIAN/CONSERVATOR acted,executed the instrument. - ,, Contra Costa County ❑ OTHER: Lt RNtiP My Comm.Expires Oct 7,2006 V1 4"lop nd and affici 1 sear SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) IGNATURE 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 - Siggping party must be either a general partner or be authorized in writing to have the authors to sign for and bind the artnershi . authority g p p 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. a The 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:\GrpData\EngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc Rev.August 1,2001 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER r TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Ongoninotio„) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. $ ! .i SALF1/// WT-AIII [ I fill I q31 f2- V (W'&?�4&4 1 f I '70 1 Cr IT,4flr�h Fleroe I A/ f ! ! r kE r ! f tl r)jA o 4e , 7L/, fY " �, t- _ (f/ '�! / � r•• (�.� /f /j /�'y}cam•-} ,;"', �»-.~► ! 'i I re V1 I V11 )IiF//l I T Ll� 7 �j� � j �' ilei." �„� 6{.-h1•'i./. ,11 J f ,1'� �� � � 1 f�� � S ...-- ! PA).R. q- 1 J7 t .....5.. ' ' F EXPLANATION: f-� TOTAL $ ! DEPOSIT . 92 rA / r U1_ � ,--�64 � -e� ��_. r Deposit consists of the following items 411JIA0 1/6) ,7, 4.2 COIN and CURRENCY ,,» r -- �` ''�" t�. f; _�►�-�` �'� � "' - ,-, CHECKS,M.O.,ETC. $ /,r, t BANK DEPOSITS $ /0 FOR AUDITOR-CONTROLLER USE ONLY Lw t f DEPOSIT PERMIT DP NUMBER r� DATE w ASSIGNE 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 Sigr`ted1 r`";'�4 ` -f' , t ate : t.. if ``...r- - j I � � .. � Signed: Signed. Iltl Ir ` . t .10K- EXT. '" Dep County A�sdi Deputy County Treasurer f P ty D-34 REV.{7.43} " COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER L (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. IA I I I lq;7e6l I I I I I I I I I I I �1 001 ►-- - ! 73 /, ' r. V,,?L -50-0 PO 4,NV f 1 f • � -a) i ! I DH I I I I I I I I I I I t I I P" /* * /r f �'�"' 0 L14 1 &1) 1 a, -16 6 1 iql A) t )e -7/_ 6 61 r n I' -' L t h�x .......... 7c? POOi EX4n_1 ANTOTAL $ ! DEPOSIT ! Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT _.. t. PERMIT NUMBER DP DATE { / , ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby de osit into the County Treasury, acknowledged, s - t SignU11 %2, Date _ Signed: �' Signed: T'itl � ' - Lf EXT, Deputy C ±my Auditor"l 'Deputy County Treasurer D-34 REV.(7-931 ''; 1 u - COUNTY OF CONTRA COSTA - DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER �'f-' MARTINEZ,CALIFORNIA TO THE TREASURER: ' RECEIVED FROM ORGANIZATION NUMBER (Organim ion) ,M f (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. 5 q IA,)&o (OL (0 I t -1 } III j1 _ 1 1 11 -111 1 11 IL- 1 1L__ 1 11- 1 I t _L I t L_ I t -I OA 3:) �f I t tt t l /7 ' Sl I 03) I I I I A_ I t I I L I I I I I-I I I I t- 1 1---1 1 t I I _L_ 1 4 1 -1 f I I 1--i I 1_1 I I I I WZ r ; P , . 1`y 1 1 I r� } , :.` tt i D'T L- 1 I I j+ I i f l� t EXPLANATION: TOTAL $ DEPOSIT I Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE - � ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Sign �, `" Date ,�-- ,�,. Signed '+..'r`�., . +� Signed: Title '+ z / €XT. Deputy ounty A 't Deputy County Treasurer D-34 REV.(7-93 f ' ♦.r 1 COUNTY OF CONTRA COSTA R , DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER Z7�5,,,- a__)o (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. ..� 1` '(709I i �3 3''151- 51LI/ � . t 25 1� "L . � '<<-� L� i i i I i Y, i I i I i I I I I I -A I I t I I I I t I I I I I I I I I I I I I I I I I I I I I I I I I I t I I I I I t I I I I I I I I I I I I I I I I t I I I I I I I I L t 1 [ .1 1 1 1 1 t I 1 11 1 1 1 1 1 1 1 1 I I I I L -1 1 L I I I I I I- I I I I I I t I I I I I I I I I I I I I I --A I I I I I I I I I I I I I I I I I { EXPLANATION: TOTAL $ I DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT � PERMIT '4- ---- NUMBER DP DATE ASSIGNED _F 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. Lgn t .=:�, x Date r .- r Signed: Signed: l �- j,� XT• `` De u unt Audi or p ty, y Deputy,County Treasurer D-34 REV.(7-93) 'L 0649-9665 / 831000: 61120665, $500.00, R52816, Record of Survey Map Check Fee Deposit., Surveyors Job #0326, David D. & Sindy Appel Wilkinson, 200 Douglas Ln., Pleasant Hill, CA 94523 0649-9665 / 831000-- G1120666, $500.00, P.52815, Record of Survey Check Fee Deposit, Surveyors Job 0150, Jacqueline G. Stewart, PO Box 19, Clayton, CA 64517 0649-9665 831000: G11206671 $1,600.00, MS 4-02, Map Check Fee, Horse Hunt International, 2400 Ranch Del Lago Rd. Martinez, CA 94553 0649-9665 / 831000: G1120669, $26,0162.001 PA 0006, Landscape Improvement Plan Review Deposit, Windemere Phase II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, inn Ramon, CA 94583 0649-9665 / 831000: G1120670, $5,0205.00, DG 0026 Drainage Improvement Inspection Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 0649-9665 831000: 61120671, $5,140.00, DG 0026, Drainage Improvement Plan Review Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon., CA 94583 819800-0800: 61120672, $1,000.00, DG 0026., Cash Bond (civil), Windemere Phase III Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 819800-0800-- G11206731 $19,500.00, Sub 8716, Performance Cash Bond (civil), Windemere II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 einenn r in -4-!2 f I noon. /A 4 1A/: -T-T- \Al:-- Q L-e-j DI -+t'410 Coi-in OP-REF-Ru"Mr—%PIS A%hm A RA2-2- 0678-9191-REV-65575.4 G:1121137, $1,8500.001 SP Right of Way 20031 Stanley K. & Janice L. Hansen, 1201 Monument Blvd, Brookview Park, Concord, CA 94520 Executed in Duplicate subdivisloW SUB 8717 Bond No**0 08719202 Premium: $19,605.00 IMPROVEMENT SECURITY HOND FOR SUBDIVISION AGREIE14ENT (Performance., Guarantee and Payment) (California Government Code §§ 66499 -66499.10) L RECITAL Of SUJIDIVISION AGREEMENT: ne developer(principal)has executed a subdivision agreement with the County of Contra Costa To install and pay for sneer, drainage and other improvements M' Subdivision 8717 as specified in the subdivision agreement and to complete said work within The time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 9 1P 2. ORLICATION: Windemere BLC Land Comnany.L.L.C. prkxipal Fidelity and DeRosit Com an of Maryland a corporation organized and existing under The laws of the State of Maryland and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, adm'u"straTors, successors and assi-M to the County of Contra Costa, California to pay as follows-- A. Performance au4 Guarantee: Two Million Ei Hundred Thousand Seven Ru I -ndrt:d Dollars ($-----------,)1800,700.00 for Contra Costa County or any city assig= under The above Counry Subdivision Agreement. H. Payment: One Million Four Hundred Fourteen Thousand Five Hundred Dollars ($ 1,24142500.00 ) to secure the claims to which reference is made in Title XV (commencing with Seciion 3082) of Parr 4 of Division, ITI of the Civil Code of the State of California. I CONDITION; A. The Condition of this obligation as to Section(2.A-)above is such that if the above bonded privricinal or principal's heirs,executors,administrators successors or assigns, shall in all diines suM to and 31 assigns, abide by and well and n-uly 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 WW intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city asslignee)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 efTect- As pan of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees, 'Including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement.rendered. The condition of this obligation, as to Section (2.8.) above., is such that said principal and the undersiped, as corporate surety, are held firmly bound unio the County of Contra Costa and 41 contractors,subcontractors,laborers,material men and oilier persons employed in the performance of the aforesaid subdivision agreement and referred win the aforesaid Civil Code, for materials fin-nished,labor of any kind,or for amounts under dw Unemploymem durance Act with respect to such work or labor and ftt said surety Will pay the same m' an amount not exceeding ihe 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 cow-4 all to be taxed as costs and To be included in the Judgement therein rendered. IT is hereby expressly sn"pulated and agreed that this bond shall inure to the benefit of any and all IV persons,companies and corporations entitled w file claims under Tide 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as To give a tight of action to them or their assigns in any suit brought upon this bond_ Shouldthe 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 specific4on of said work- agreed to by the principal and the County of Contra Costa(or city assignee)s relieve the surery from liability on this bond;and consent is hereby given io make such alteration wiibout furtWr notice to or consent by the surety-7 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. Sir.NEID AND SEALED On 28 2003 Windemere BLC Land Company, LLC By: Lennar Homes of California, Inc. , Fidelity and Deposit PRINCIPAL*, its manager SURETY: CoMany. of Near land Address: 3130 Crow Canyon P1 #AO Address: 225 S. Lake Avenue, Suite 700 City; San/Ramon, CA city.-94583 Pa�gudena, CA zip: 91101 -- By.- 94583 By: . f 0 & Nato Print Name: Lawrence H. ThompsPrint Ne: Patricia H. Brebner Vice President Title.: TiTle; Attorneywin-Fact ID m*tap G\GrPDMTAjS1,CAFonft8N WOM8.04-12 4oc RvV.July 14,"Q3 CALIFORNIA ALL-PURPOSE A( 1OWLEDGMENT No.5907 ISA State of California County of Orange 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(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Lp %3H MCDONMGH Cotri n#1328674 Ncftfy Public-C811f0mis WITNESS my hand and official seal. omnge County 6.2W5 or MV Com.E*jree Nov —SIGNATURE OF NOTARYTO 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 F] INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) F] PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES F] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 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 law d ey t,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act a takings and the execution of such bonds or undertakings in pursuan s on said Company,as fully and amply,to all intents and purposes,as if th xec ged by the regularly elected officers of the Company at its office in Ba re h it r r This power of attorney revokes that issued on behalf of Patricia H Se 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 W 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 -ANAA&M&- 000;0- Dip -love 19 By: T. E. Smith Assistant Secretary Paul C Rogers Vice President State of Maryland SS: City of Baltimore I 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. wo NOMW 0,001 Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025M 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 90%. 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 American Insurance Company 2003 William J. Pollacek S ' ntCount Treasurer-Tax Collector Treasurer-Tax Collectors y 625 Court Street Costa Russell V.Watts Finance Building, Room 100 Deputy Treasurer-Tax Collector P. O. Box 631 County Martinez, California 94553-0063 Joslyn Mitchell 46-4122 •.�:••�_* '•'.: (925)6 Tax Operations Supervisor (925)957-2898 FAX •4�r •,• r ryi� O. r r r �qs r Date: 11117/03 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 20037 THIS LETTER IS VMD This will certifythat I have examined ned the map of the proposed subdivision entitled: Tract/ MS # city Tax Rate Area 8717 SAN RAMON 68377 PARCEL #223-090-009-01 223-090-011-6 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 bep resented 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: Y ,. eputy 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/ 767 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8717 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley), area. (District Ell) The following document was presented for Board approval this date for, Subdivision 8717 located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. hnprovements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $5,900.00 Deposit made by: Windemere BLC, LLC Auditor's Deposit Permit No. and Date: 413390 October 16, 2003 TE:gpp I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2003\12-09-03\SUB 8717 BO-16.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Rie (313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development ATTESTED: DECEMBER 09, 2003 T— October 9,2004(P I) Windemere BLC Land Company LLC Attn:Brian Olin JOHN SWEETEN, Clerk of the Board of Supervisors and 3130 Crow Canyon Place#3 10 San Ramon,CA 94583 County Administrator Travelers Casualty&Surety Company of America Attn:Patricia H.Brebner 9325 Sky Park Court,Suite 220 San Diego,CA 92123 By Deputy RESOLUTION NO.2003/ 767 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8717 being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley), area. (District 1H) DATE: December 9, 2003 PAGE: 2 11. Surety Bond Bond Company: Travelers Casualty& Surety Company of America Bond Number and Date: 104125123 September 24, 2003 Performance Amount: $583,900.00 Labor&Materials Amount: $294,900.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/767 SUBDIVISION AGREEMENT ' (Right of Way Landscaping) • (Government Code§66462 and§66463) Subdivision: SUB 8717 Effective Date: Subdivider: Windemere BLC Land Company, L.L.C. 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 SUBDIVIDER: A Delaware limited liability company Managing Member Maurice M. Shiu, Public Works Director By:Lennar Homes of California,Inc., Man ng Member By: z (signature) (print name&title) Don Larson,Vice President RECOMMENDED FOR APP AL: (signat By. (print name&Ve) Lynn J im,Asst.Selcretary Engineering Servic sPjiision FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California, hereinafter called"Coup ,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following), in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 5,900.00 cash, plus additional security, in the amount of_ _$ 583,900.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 294.900.00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash, certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct, repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Suudivider agrees to perform establishment wori, landscaping installed under this • g�reemerht. 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-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents, and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below, and including personal injury,death,property damage,inverse condemnation,or any combination of these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor, subcontractor,or any officer, agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. E. 1. Windernere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County")and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement,"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided, however,that BLC shall not be required to indemnify, protect, defend or hold County or District harmless to the extent any claims,losses,liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 9. COSTS: Subdivider shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including, but not limited to: engineering, inspection, surveys,contract, overhead, etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit, bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kw:lap GAGrpData\EngSvc\Forms\AG WORD\AG-30A.doc Rev.May 18,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of &.sr iz- -not On',�e_M%--(&te r-)Ifj QOD:A:�� before me, A t L ked Ne�e�j �cTq ry Q Date Name and Title of Officer(e.g.,"Jane boe,Notary Public") personally appeared Like4�M IZI"V jz) Lly N Name(s)of Signer(s) Xpersonally known to me E proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -mare subscribed to the within instrument and acknowledged to me that hems/they executed KAREN L. KEENAN the same in Wo /their authorized Commission# 1378827 Z capacity(ies), and that by 44�/their Z Notary Public - California z > signature(s) on the instrument the person(s), or Z Contra Costa County the entity upon behalf of which the person(s) My Comm.Expires Oct 7,X006 acted, executed the instrument. WITNESS y hand an fficia al. ignature of a ublic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 1:1 Individual Top of thumb here El Corporate Officer—Title(s): El Partner—El Limited El General El Attorney-in-Fact 1( 1:1 Trustee 1:1 Guardian or Conservator El Other: Signer Is Representing: 0 1999 National Notary Association-,9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 �.vvw -.Y yr r..%.A4 t Rx%..vim I it DEPOSIT PERMIT OFFICE OF COUNTY"AUDITOR-CONTROL R TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER ( nimfion) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. AX) $ t I f L_ I I I I I I I L I I /�{ji�i ,(4}"�f~\ //f 1 s'4 ,. �^� jfffJ"♦f j/f'• ,r^-' , .f• T, • rl f � L/___J Ilk li'l i 1 611/ 1L-V L U. 5 5J CV.I t �I + S j(r!/(iI jjffI�� `},^ 100 0�./' J Y a C _ r � e �� f r� � V r� �rr �\ •� ! ��� •�,���r!Y i`� �, � i -. 1 f�,�:t'�Y ,,.f''+- f/,+i`` +/'j1S(/J J � ...•SGT" � � ��.i� �� t tt'�� e' ,'�J�1 ,.�'' I I A- I I I I I I I I I 1 6/-4 I I vI o 41 ir I Ire, --A I I I I[,--[ reel lti=-eo >/ -�FIF,rl_ L 1 1ti' ! ' 75 EXPLANATION: ��� -� TOTAL $ � -2 i � (7/ DO � �, - 1.�� ` -- �;. ! r,�, f cad- DEPOSIT r ;. f r.- , d // / __ ,-, l�� l` f r Deposit consists of the following items ,242 COIN and CURRENCY $ CHECKS N1.0.,ETC. $ BANK DEPOSITS $ --~'" r -r . {7 -- �•.� ; L f ,-.,. _ - FOR AUDITOR-CONTROLLER USE ONLY A) DEPOSIT PERMIT [)p 7/, NUMBER L« /I DATE + [ f'` T E ; ,rc. .�� {f r,re •-... { `r ASSIGNED C''' ''�i ww�' �.'•l 7 ♦ t.�i 1 leil C.I}'r i.}')f f,.. � I k S'] ..}f 1`..•�i..�r1-�', 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. -^ Signe: t f - �. _ ^�Sianed: -` Signed. Title: EXT. } I Deputy County Auditor De u ty County Treasurer D-34 REV.(7-93) oG) HQ P"P 1 WUN 1 Y VI"'h.VlV1 KA%,.VWA DEPOSIT PERMIT OFFICE C}F CC)lNTY AUDITOR.CONTROLLER - MARTINEZ,CALIFORNIA TO.THE TREASURER: RECEIVED.FROM r. i.; ORGANIZATION NUMBER (0*rj;n iex,) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTIONFUND/ORG. SUB` TASK OPTION ACTIVITY AMOUNT ACCT. t `^may /.{ r•A + ?5.• - f� 5ED&OC. f.! •ly,l�/ ! (l/ �Sa L, 7 2 1 1)b 01- A/- ;, � f Wu 011,F" / 7,Slf ............—4 ' I L-A 22WI60 f P,/ _ -s "'� s'� '� •'t _ �` f i Y�,s�„ � ai r ire �j�/�}''���J}�JT t{ ''1•r 1 '� i f�`t-.� LI)11A �Aj -7 R "f / }raj .,,,,� � � .:� �"� -,� „'''"�• �.-e! !/tet 2� •'-''"_ r- f• � [J f 3C.)f ,z5l� ol f i % " <'. Al' .,� , 1 EXPLANATIOTOTAL $N: f DEPOSIT f Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT j ; - PERMIT DP NUMBER �1 DATE ASSIGNED `".. The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Signs �'•�'`�'` 't t f�':Date !1 17 f r Signed. �-`` ,�` __ Signed; ou Deputy CountyTreasurerDepufy Cnty Auditor EXT. D-34 REV.(7-9,3 s COUNTY Of CONTRA.W*STA DEPOSIT PERMIT' : ,.. l OFFICE OF COUNTY AUDITOR-CONTROLLER r MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB" TASK OPTION ACTIVITY AMOUNT ACCT, $ i ..r 1 ,.} It1 /� �/�,�f�"} � � ( /��L',►�- f � 9� i i i f I I I i f f I . - i i i 1 f I f i i i I I 91 I I I t I I I I I 41 1 I I I L I [ , I I I I I I I I I I I I I I I L I I I I I I I I I I I I I I I I 1 11 1 1 I I IA I I I I I I I I I I I I I I I I I I- L I I I L I 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I EXPLANATION: TOTAL $ I DEPOSIT i Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT �' l PERMIT DP NUMBER DATE ASSIGNED f 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 CouPty Treasury, acknowledged. Signe Date � ` 1 ,i r; - --y , Signed. Signed: Tale;r! ''` �. -f !!,/ EXT. f f Deputy Count Auditor Deputy Count Treasurer Y P Y Y D-34 REV(7-93) 00 819800-08000 G11216711 $11,100.00, Sub 8715, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800-- G11216731 $21250.00, Sub 8716, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-080041 61121675, $5,900.00, Sub 8717, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G11216131 $1,,400.00, Cash Deposit for Flood Control Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513 0649-9665 / 831000: 61121653, $400.00, R5 2836, Record of Survey Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507 0649-9665 831000: G11216541 $500.00, RS 2837,, Record of Survey Deposit, Downrite Demolition & Excavation, 1407 Webster St. #201.4 Oakland., CA 94612 0649-9665 / 831000: G11216551 $500.00, R5 283, Record of Survey Deposit, Crenshaws 1. 228 Calle Le Montana, Moraga, CA 94556 0649-9665 / 831000: 611216571 $20,800.001 RA 1147, Road Acceptance Inspection, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: 611216581 $14,0280.00, DG0028, Drainage Inspection Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 831000: 61121659, $109j150.001 PA0005, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G11216611 $135,700.00, RA1142., Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121615, $20,,755.00,, Sub 8571, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G11216171 $31,800.00, Sub 8572, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 611216181 $42,480.00, Sub 8577, Cash Performance Bond, Hoffman Land development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121619, $9,460.00, Sub 8578, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61121620, $17,000.00, Sub 8579, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 611216561 $3,840.00,1 RA1147, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 611216601 $13,600.00, PA0005, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G11216621 $20,700.00, RA1142, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: .61121664, $1,000.00, Sub 8712, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 611216661 $1,320.00, Sub 8713, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 611216681 $22,300.00, Sub 8683, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121669, $1,500.00, Sub 8714, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 ti 0649-9665 / 831000: 611216631 $8,200.00, Sub 8712, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121665, $11,050.00, Sub 8713, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121667, $12,600.00,, Sub 8714, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121670, $9,100.00,, Sub 8715, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1121672, $18,500.00,, Sub 8716, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121674, $47,680.00,, Sub 8717, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 821400-0800: 611215031 $64,248.00, SCC Sub Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 821500-0800: G11215031 $23,628.00, SCC Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 828800-0800: G11215031 $19,140.00, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 EXECUTED IN DUPLICATE Subdivision: SUB.,8717 Bond No.; 1041 25123 Premium: $4,087.00 IMPROVEMENT SECUMTV BOND • FOR PUBLIC RIGHT OF WAY LANriscAPE AGREEMENT (Performance, Guarantee,and Payment) (California Government Code Sections 6W2 and 66463) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County w install and pay,for public right of way landscaping, and other related improvements in Subdivision 8717 as specified in the Subdivision Agreement(Right of Way Landscaping),and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: windernere BLC .and Comte,,L.L.C. ,as F`tincipal,and Travelers Casualty .and Surety Company of America a corporation organized existing under The laws of the State of Connecticut and authorized to u-ansact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors,and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: Five Hundred Eigbn Three Thousand Nine Hundred and 001100 _;Dollars ($ 583,900.00 1 for iTself or any city assignee under the above Count Subdivision Agreement,plus Payment: Two Hundred Ninely Four Thousand Nine Hundred and 001100 Dollars ($ 2942900.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,and well and uuly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the Manner therein specified,and in all respects according to their true intern and meaning, and shall indemnify and save harmless the County of Contra Costa for 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_ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orancle On September 25, 2003 before me, Gordon J. Peterson, personally appeared David Evans, 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. �T.l� K45L'^l.:.r'S+_.Yl4M,C..T1',.i'�PF:"`r "9■y!..'."�., H.t'irdl47i i'��-.ItICd97.Y,.j,:`'....a 1. Witness m - and and official seal. I S Commission il 33'5380 Z /- Notary Public-caiifornia > Orange County K C 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. 1041 25123 Number of Pages: Two (2) Date of Document: September 24, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ",NOWLEDGMENT No.5907 State of California County of Orange On September 24, 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 SIGNER(S) personally known to me-OR- F1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. RHONDA C.ABEL 0. COMM.# 1312777 NOTARY PUBLIC-CALIFORNIA 0 SIGNATURE OF NOT4RY 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 F1 INDIVIDUAL F] CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) F] PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT ❑ TRUSTEE(S) F] GUARDIAN/CONSERVATOR NUMBER OF PAGES [_1 OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 O 1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 TRAVEI CASUALTY AND SURETY COMPANY OF ERICA I... aLERS CASUALTY AND SURETY COMPAi-,-t 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, 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- Myers,Rhonda C. Abel, Stanley C. Lynn,Patricia 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, 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(s)-in-Fact,, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-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,recognizances,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, recognizance, 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 sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full 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, any 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-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 01-00 Standard) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of February 2003. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY )SS.Hartford FARAIINGTON CASUALTY COMPANY COUNTY OF HARTFORD Y ANp GA tJ S 1 �ry R a HARTFORD4 982 p By "• C0N"' �a George W. Thompson _ p Senior Vice President On this 28th day of February, 2003 before me personally came GEORGE W. THOMPSON to me known, who,being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 2 4 t h day of September , 2003 . Y Aly GASU,i�rt HARMPAIW HARTFORD 4 19 8 2 o By. • C0N". �° Kori M. Johanson w. Assistant Secretary, Bond T�ravellers 4000,*W" 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 Actfurther 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.