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Home My WebLink AboutMINUTES - 10142003 - C6-C10 r TME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA .Adapted this Resolution on October 14, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBER , GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20031 620 SUB7 T: Approve the Drainage Improvement Agreement for Windemere Main Branch Alamo Creek Outfalls DA 0026 (cross-reference Subdivision 8508), being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Windemere Main Branch Alamo Creek Outfalls for drainage acceptance file DA 0026 (cross-reference Subdivision 8508), property located in the San Ramon(Dougherty Valley) area, Supervisorial District III. A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of drainage improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title q of the County Ordinance Code, 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 on the date Originator:Public Works(E9) shown. Contact: Teri Rie(313-2363) LT:rm G:\Ci pDatatSnSSvekBO\2003110-14-03\DA ze B0-20.doc OCTOBER I4 2x0 3 cc: Pubic Works- T.Bell,Construction ATTESTED: , J.gray,Engineering services T-August 7,2004 JOHN SWEETEN,Clerk of the Board of Supervisors and County Windemere SLC Land C'onVany,L.L.C. Administrator Brian Olin 3130 Crow Canyon Place,#310 San Ramon,CA 94583 Travelers Casualty&Surety Company of America Patricia 13.Brebner 9325 sky Park Court,Ste.220 By ; Deputy San Diego,CA 92123 RESOLUTION NO.2003/. 620 SUBJECT: Approve the Drainage Improvement Agreement for Windemere Main Branch Alamo Creek Outfalls DA 0026 (cross-reference Subdivision 8508), being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: October 14, 2003 PAGE: 2 I. Cash Bond Performance Amount: $1,000.00 Auditor's Deposit Permit No. DP409852 Date: August 5, 2003 Submitted by: Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94-32915-16 IL Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number and Date: 104125075 July 28, 2003 Performance Amount: $56,000.00 Labor&Materials Amount: $28,500.00 Principal: Windemere BLC Land Company, L.L.C. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003; 620 DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0026 (Cross-Reference SUB 8508) Effective Date: Developer: 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 Califo lint d liability Company By:LEN--OO BS Windemere,LLC, A Delaware limited liability company CONTRA COSTA COUNTY DEVELOPER Managing Member Maurice M.Shiu,Public Works Director BY:Lennar Homes of California,Inc., Managing Member By: (signature) RECOMMENDED FOR APPROVAL (print name&Tttle) Don arson,Vice President (signature) By: (print name&Tio) Lynn Ychim,Asst.Secretary Engineerin Serv041' l Isio FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313.) I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun ,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 1 IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $ 1.000.00 cash,plus additional security,in the amount of$ 56.000.00 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 cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 2$.500.00 which is fifty percent(501/o)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. 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 therefore,or any combination or all of these acts,shall not relieve the Developer 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited 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 Developer,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 indemnity has prepared,supplied,or reviewed 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 from 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 Shaped Industries,Inc.("Shaped")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 l 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. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer 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 Developer agrees to pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley MOU. RL:kw NPWS4',SHARDATA1GrpDatatiEngSvc\Forms\AG WORD\AG-17.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of t t`r '��\ i OPTIONAL SECTION County of i 4 ,t CAPACITY CLAIMED BY SIGNER .� N On before me, z < t .. ICS Though statute does not require the Notary to fill in DATE NAME OF OFFICE EG7JANE'DO1,VOTARY+PUBLIC' the data below,doing so may prove invaluable to personally appeared j I ''i � persons relying on the document..,a NAME(s)OF IGNFR(s) ❑ INDIVIDUAL personally known to me satisfactory-evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLES) subscribed to the within instrument and acknowledged to me that ha4he/they executed d PARTNER(S) 0 LIMITED T.AUSTIN the same in h 64w/their authorized p GENERAL capacity(ies),and that by h�#er/their p ATTORNEY-IN-FACT Commiss;on# 1378739 signature(s)on the instrument the person(s)or Notary Public - California z the entity upon behalf of which the person(s) 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR Contra Costa County acted,executed the instrument. p OTHER: My Comm.Expires C ct 7,2 .-,. ISS... hand and off Eta seal "A SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR ENTITY(IES)) t SIGNATURE OF NOTARY s OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign or and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two RE ers,one from each of the following two groups: GROUP 1. {aThe Chair of the Board b The President (e Any Vice-President GROUP 2. aThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney, notarized,will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw GAGrpDate\EngSv6FormsIWORD FORMSIALL PURPOSE NOTARY.doc Rev.August 1,20DI COUNTY OF CONTRA COSTA DEPOSIT PERMIT � OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMNR "'"s `60 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACT B. TASK OPTION ACTIVITY AMOUNT �- $ 1_1�_ I I _.L. Lk I I L f- t I I I I I 1 1 2 60 — i J 3 AS _ 9 34 � } -t i pk,q 1�_ `' q(,'14 1 x'77 t EXPLANATION: TOTAL r DE � POSIT -3 Deposit consists of the fallowing items3 COIN and CURRENCY $— ' , + �{' ' t i r r 7 CHECKS,M.O.,ETC. SANK DEPOSITS $ f 1 ] } FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT } r J PERMIT (gyp -� 41 ji`f -lC•) % NUMBER DATE ASSIGN 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. j Signe n fi: Date Jiro ,r ) _ -•� Signed: 't�1°, Sighed. � ... Ti#1 11WLLEX7De- p aunty ito Deputy County Treasurer D-34 REV.(7-43) {s/ ? S, .� , Ar l Lei`6. 40 L, Iz��e�j , �1 7,4 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE CSF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER '�'`--} (For Cash Collection Procedures see County Administrator's Bulletin 145.) DESCRIPTION FUND/ORQ ACCT. TASK OPTION ACTIVITY AMOUNT 57 Lzeka,�ul a82u!-� &I-d1il 1-50 ' I t 419E if t j�2_9L t r 612.leo 6 W rhv) 4. 1 674 t_�)557717_� 150o 00 ............... .. .........:..::.....:::::............................:::::.:: G�z, c1 EXPLANATION: TOTAL $ t DEPOSIT t Deposit consists of the following iterns COIN and CURRENCY $ CHECKS,M.O.,ETC. $ SANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT t. PERMIT DP C r NUMBER DATE tl . 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. -7 /)" SiDate f Signed: 1 Signed: Titl (� - EX7 Deputy C my Audi r Deputy County Treasurer 0 34 REV(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER � TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Ckgpnimfias) ".z f " C (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. �� TASK OPTION ACTIVITY AMOUNT ' JI ' � `31 (�R 63A X55 11,23 &3Z1 611 xW.:541;. 1 �ifJ 1 1 ` 9 ;36 f 3 f' K& "� } 1 ; � `\ `1' t' r' e 1 +mac......w+ 3.,�/.3} S I . � F i 1 f 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 1 _ i DEPOSIT { i PERMIT ©P C3 f NUMBER AS 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 P.F Date 1 t /' Signed: ti - Signed: Tile1`'' (✓ XT. `J `f aunty Au 'i Deputy County Treasurer ' D-34 REV.(7-Y3� i COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER m f1 1 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION futlmjORG. ASCOT.B. TASK OPTION ACTIVITY AMOUNT f f y 1, 1 ry -25f } } I I f } I } r } } } } a , } } 4 } f j } 1 I 1 1 1 EXPLANATION: E91DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.C,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOERMSTIT NUMBER EJi DATE —V- ASSIGNED The.amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby .t into the County Tn:ostsry. acknowledged. 10pos <;1 Signed: Signed: (✓ #XT. ' f Deputy. unty Audi DeputyCounty Treasus�er Ti D-34 REV,{7-93} � \ 0649-9665 1 831000: G1120665, $500.00, R52816, Record of Survey Map Check Fee Deposit, Surveyors Job #0326, David D. & 5indy Appel Wilkinson, 200 Douglas Ln., Pleasant Hill, CA 94523 0649-9665 / 831000: 61120666, $500.00, R52815, Record of Survey Check Fee Deposit, Surveyors Job 0150, Jacqueline G. Stewart, PO Box 19, Clayton, CA 64517 0649-9665 / 831000: G1120667, $1,600.00, M5 4.02, Map Check Fee, Horse Hunt International, 2400 Ranch Del Lago Rd. Martinez, CA 94553 0649-9665 / 831000: G1120669, $26,162.00, PA 0006, Landscape Improvement Plan. Review Deposit, Windemere Phase II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, Ban Ramon, CA 94583 0649-9665 / 831000: G1120670, $5,205.00, DG 0026 Drainage Improvement Inspection Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon PI. #310, San Ramon, CA 94583 0649-9665 / 831000: G1120671, $5100, DG 0026, Drainage Improvement Plan Review Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon PI. #310, San Ramon, CA 94583 gfl4 >vn�st< tr > 1« 19 < :: Ram:, 819800-0800: 61120673, $19500.00, Sub 8716, Performance Cash Bond (civil), Windemere II, Windemere BLC LLC, 3130 Crow Canyon PI. #310, San Ramon, CA 94583 819800-0800: G1120677, $28,300.00, Sub 8717 Performance Cash Bond (civil), Windemere II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 Executed in Duplicate Development No QA QQ;6(C sA-&f 4LM 8�� .._._..... Bond: 10425075 Premium.: $392.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE fWROVEMENT AGREEMENT (faithful performance & maintenance,AND labor and materials) ]. OBLIGATION: e - • • r as Principal,and Travelers Casuals and SuretX CoMaLiX of America , a corporation organized and exisfing under the laws of the Siete of Connecticut and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,& Maintenance: E&Six Thousand acid t}tltl00 -- _-- Dollars _(S 55€}U ►_C}Q }for itself or any city-assignee under the below—cited Drainage Improvement Agreement,plus 8. Labor+& Materials-. Lwen y Eight 319usand five Hundred and 00/100 Dollars ($._ 29300.00 )for the benefit of persons protected under Title 15 §et sect, of the California Civil Cock. 2. RECITAL QF C : The,principal contractedwith the County to install and pay for drainage and other improvements in (SUR li91) 12AAim as specified in the Drainage Improvements Agreement,and to complete said work within the time specified in the Drainage Improvement Agreement for completion,all in accordance with State and local laws and rulings thereunder in order to satisfy the conditions of approval for SUB 8508,VV ndcmcre PhAsc III 3_ CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plait and improwments agreed on by the principal and the County,Thera this obli&-Kion as TO Section 1-(A) above shall became null and void, except that the guarantee of maintenance continues for the one-year period;and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials To thein for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section 1-($)above shall become null and void;otherwise this obligation remains in full force and effect. No alters€iron of said contract or any pians or specifications 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 alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against principal whenever taken.,and agrees that if County sues on this band, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement_ 3. Car IJON: 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 411 things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Centra Costa (or city assignee),its officers,agents and employees, as therein stipulated,then this obligation shall became null and void;otherwise it shall be and remain in full force and effect_ As part of the obligation secured hereby and in addition to the face amount specified 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. B. The condition of this obligation as to Section 2(B) above is such that said Principal and the tuidersig ned as corporate swery are held firmly bound unto The County of Contra Costas wid all contractors, subcontractors, laborers,material men and ether persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind.,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding; the amount herein above set forth, and also in case suit is brought upon this bona, will pay, in addition to the fact amount 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 raider Title 15(commencing with Section 3082)of Put G 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 band. 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 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. SIGNQ AND SEALED on V 28_,_ 2003 Windemere BLC Land Compare C Travelers Casualty an urety PRINCIP : Lennar t sof California, Inc.,SURETY Com an of Ame ca its ma By ?3 g By , Lawrence H. Thom on, Vic resident Patricia H. Brebner, Attorney n- act Address 3130 Crow Can on Pl #310 Address 9325 Sky Park Court, Suite 220 San Ramon, CA 94583 1011 San Diego, CA 92123 M. G%rpQsu4-njS•c:toin*ZN Y'URt1uiH-ia scat &., Jwly.s.200 __ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 29, 2003 before me, Cordon J. Peterson, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. Witness my"hd and official seal co��a�.Commission#11 Er��tt33538Q0 , � j0*00rMn. Notary Public-California z • _. t3rsng�s County J Expirft Dec 17,20W 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. 904125075 Number of Pages: Date of Document: jWy 28, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE AC )WLEDGMENT No.5907 State of California County of Orange On Jul y 28, X103 before me, Leigh McDonough,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner r NAME(S)OF SIGNER(S) ® personally known to me -OR- [l 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 capaeity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon L'r-"3"OCOONWG" behalf of which the acted, executed the instrument. _ commission#1328674 person(s)) " NOtOry}tet bft-t siif MW Orange corifity WITNESS my hand and official seal. SIGNATURE OF NOTARY i 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 EI CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) Q PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES [�] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 81308-7984 TRAVELER°>" SUALTY AND SURETY COMPANY OF AN SCA TRA' :. .,.ERS CASUALTY AND SUItItTY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Harftbrd, State of Connecticut, (hereinafter the "Companies") lath made, constituted and appointed, and do by these precuts make, constitute and appoint: James A. Schaller, Jeri Apodaca, Uncia Enright, Mike Pariziuo, 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, rec ognizannces, 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 duty authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given,are hereby rated 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 Chairtnan,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, recogakmce, 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 Assistartt Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed cute d(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 Penner 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 Beards of Digs of TRAVELERS CASUALTY AND SUNY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,whichResolution 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'm 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 cel by such facsimile signature and facsimile seal shalt be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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MI _ _ ... .....__... . _.._. . .._. _._.. ........ ....................... ..... _ _ .. ....... ........ ...... .._ .. Travelers ,u IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. x THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003f 621 SUBJECT: Approval of Read Improvement Agreement for Windemere Parkway and Albion Road,RA 1142,(cross-reference Subdivision 8507),being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District til) The following document was presented for :Board approval for Windemere Parkway and Albion Road,road acceptance file RA 1142(cross-reference Subdivision 8507)property located in the San Ramon.(Dougherty Valley)area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Laud Company,L.L.C.,principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement,within one year from the date of said agreement.Improvements generally consist of road improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: 1 hereby certify that this is a true and correct copy of an action Originator: Public Works(Es) taken and entered on the minutes of the Board of Supervisors Contact: Teri Rie(313-2363) LT:nn on the date shown. G:\GrpData\EngSvc\BO\2003\10-14-03\RA 1142 BO-15.doc cc: Public Works- T.self,Construction ATTESTED. OCTOBER 14, 2003 -1.Gray,Engineering Services Current Planning,Community Development T-August 7,2004(P1) JOHN SWEETEN,Clerk of the Board of Supervisors and Windemere BLC Land Company,L.L.C. Brian Olin County Administrator 3130 Crow Canyon Place,#310 San Rarnon,CA 94583 Fidelity and Deposit Company of Maryland Patricia H.Brebner 225 S.Lake Avenue,Suite 700 By Deputy Pasadena,CA 41101 RESOLUTION NO.2003/ 621 SUBJECT: Approval of Road Improvement Agreement for Windemere Parkway and Albion Road,RA 1142,(cross-reference Subdivision 8507),being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III) DATE: October 14, 2003 PAGE: 2 I. Cash Band Performance Amount: $64,500.00 Auditor's Deposit Permit No. DP 408869 Date: July 17, 2003 Submitted by: Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94-329-15-16 H. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 0864 1836 July 7, 2003 Performance Amount: $6,385,500.00 Labor&Materials Amount: $3,225,000.00 Principal: Windermere BLC Land Company, L.L.C. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2403/621 ROAD INT A F ENT Developer: Windemere BLC Land CompMv,LLC Effective bate: 0� Development: ._ RA 1142(Cross Ref SUB 8507) Completion Period: 1 year WINDEMERE BLC LAND COMPANY LLC, Road: Windemere Parkway& Albion Road A California limited liability Company By:LEN-OBS Windemere,LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A Delaware limited liability company Managing Member CONTRA COSTA COUNTY DEVELOPER BY:Lennar Homes of California,Inc., Maurice M.Shiu,Public Works Director Managing Member (signature) . & — By: (print name&Tit e) Don Larson,Vice President RECOMMENDED FOR APPROVAL 1 (signature)� ``H" :'- f ars By: (print name&Ule) ],An lochim,Asst, Secretary Engineering ltfces t 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 5313.) 1, PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements (hereinafter called "work") within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 64.500.00 cash,plus additional security,in the amount of$ 6.385.500.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 3.225.000.00 which is fifty percent(501/o)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with 5944.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shalt perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system 5. PLANT ESTABLISI•IMENT WORK. Developer 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-year from and after the Board of Supervisors accepts the work as complete. b. IiR OVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall 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 Developer 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: Developer 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. Thea tions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of theta, 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 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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NN N-PERFORMANCE AND COSTS:If Developer 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 Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,band,or letter of credit securing said rights shall be transferred to the new or annexing city, Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) _v___ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval _ RL:kw \\PWS4\SHARDATA\GrpData\Eng5vc\Forms\AG WORDIAG-24.doc Rev.Apn7 b,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of�`t 1i fr"� OPTIONAL SECT ION County of _ �t;'3 ?`j _" '� CAPACITY CLAIMED BY SIGNER On t , ,before me, Though statute does not require the Notary to fill in NAME,TITLOF OFFICERE.G.--JAIJ nog,No rAreY poet tc^ the data below,doing so may prove invaluable to y S t persons relying on the document. personally appeared "4 1. ,� - 4"c e. NAME( OF SIGNER(s) C1 INDIVIDUAL personally known to me-OR-0 proved to me on the basis of satisfactory evidence to D CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) db m Y AUSTIN" subscribed to the within instrument and a acknowledged to me that heishthhey executed p PARTNER(S) 0 LIMITED `` - Commission# 1378739 Z the same in h+�Itheir authorized CJ GENERAL z,i as , 'votciry ?ub##o - Cciifornici capacity(ies),and that by4tis4w/their ' Contra Costa County signature(s)on the instrument the person(s)or 0 TRUATTSTEE S- FACT My Comm.-Expires Oct 7,2006_ the entity upon behalf tr which the person(s) 0 GUARDIANICONSERVATOR acted,executed the instrument. 0 OTHER: `�=.�� arty and and off�Cial seal, t SIGNER IS REPRESENTING: • -s;, t ; (NAME OF PERSON(S)OR ENTITY(IES)) "`'-' SIGNATU OF ARY 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 ofthis 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 - Sigping party must be either a general partner or be authorized in writing to have the aut ority to sign Tor and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents s5ould 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. jaThe Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.,, Ic:MW GAGrpDatalEnSSvclForms\WORD FORMSIALL PURPOSE NOTARY.doc Rev.Auguat I,2001 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER / (Org�ta,K�J (Por Cash Collection Procedures sea County Administrator's Bulletin 305.) DESCRIPTION FUND/ORG. ACCT. TASK l __ 1 C7PTION ACTIVITY AMOUNT '.- ' job "" � - t9 97 t >r } � i )A 7451 1 �4 I I I ILI L I I LL t 'r ! # EXPLANATION. ., TOTAL $ ne I�,1 .' DEPOSIT Deposit consists of the following ite �andCURRENCY $ C ( // C CKS,M.O.,ETC. $ � �.. �-' r-f' �� I/ r%.�•'�� '��'' �'�•�'- ,f�.�' �,��c --C:.�.!I f::�'=�� 4BANK DEPOSITS $ f } / r FOR AUDITOR-CONTROLLER USE ONLY rA/l ` ; 1 t j Y f 1' DEPOSIT i CF j V PERMIT DP k9NUMBER [TATE 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. f. to , Signed: Signed; EXT `„ Depu aunty Auditoi Deputy County Treasurer D-34 REV.(7-93) f" COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF CO=UNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM i ORGANIZATION NUMBER (Far Cash Collection Pmcedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. ACUC&7 TASK OPTION ACTIVITY AMOUNT i # E # ( i # 1 i # t # # # # E t i # } i I # # } i i EXPLANATION: TOTAL $ # DEPOSIT } Deposit con 'sb of the following items COIN and CURB $ i I CHECKS,M.O.,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLE7ONLL ON DEPOSIT PERMIT NUMBER dP ( DATE � ��. ED � _ 0 . The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amou hereby i deposit into the County Treasury, acknowledged. C ,'r Sig ` r Date Tit C` 6A [ L.jJ� EXT. �'..2 4 ' Signed: Signed i '>: .. J Deputy"C unty Auditor . Deputy=t County Treasurer 0-34 REV.(7-43) 0648-9140 / 812100: 01116868, $1844.00, MS 21-93 Drainage Mitigation Fee Green Valley Creek), Diablo Valley Estate Company,LLC, 101 Ygnacio Valley Rd, Ste 330, Walnut Creek, CA 94596 0649-9665 1831000: 61116871, $9,020.00, 060015, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Pond 6, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 0649•-9665 1 831000: G1116872, $14,780,00, DG 0025, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Ponds TO, Windemere BLC LLC, 3130 Crow Canyon PI, #'310, San Ramon, CA 94583 819800-0800. 61116869, $1.000.00, Sub 8531, Cash Bond for Landscaping, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800; G1116870, $2.905.00, Sub 8531, Cash Bond, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 a. Ctt.:'i, r f{. . '��'�•.•.'++'//fr fit..... ..f:?.iti:::::::::iY.ii i$Y t^j;.;::.:. f - i•::: (tet�� * ' �' f::�: ::;>:� �.. ':..•:». ` � �;;�.�..,�.::>:<:::.:::.' '�....'....::':...�::::.:::,<>:::. 819800-0800: G1116876, $12,900.00, RA8712, Performance Cash Bond (civil), Windemere Phase II, Village 20, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 819800-0800: G1116880, $10,100.00, Sub 8713, Performance Cash Bond (civil), Windemere Phase II Village 21, Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 819800-0800: 61116884, $15-200,00, Sub 8714, Performance Cash Bond (civil), Windemere Phase II Village 22, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon,,CA 94583 819800-0800: G1116888, $16,400.00, Sub 8715, Performance Cash Bond (civil), Windemere Phase II Village 23, Windemere BLC LLC, 3230 Crow Canyon PI, #310, San Ramon, CA 94583 Executed in Duplicate Bond No.: 0864 1836 Developutrut: RA 1142 (Cross Ref. SUB li507�} Premium: $44,695.00 IMPROVEMENT SECURITY BONI) FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 _ 66499.10) i. RECITAL OF ROAD IMPROVEMENT AGREEMENT. The Developer(Principal) has execuied an agreement (Read Improvement Ag,reetricrtt) with the County to install and pay for street, drain tie and ather improvements on, or along RA 1142_ o complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. 08LIC.A.TION '1JVindemere BLC Land Comparty, LUC. ,as,Prim-ipal and Fidelity and_ Deposit Company of Aiaryl fid , a corporation organized under the laws of the Staul of Maryland and authorized to transact surery business in California, as Surety,hereby jointly and severally bind ourselves, our heirs,executors,adrninisrrator-s, successors and assigns to the Cowity of Contra Costa, California to pay as fellows: A. Performance: Six Million Three Hundred Fight' ThousandFive Hundred Dollars 6x385,500.00 l for itself or any city assignee under the above County Road Improvement Agreement, plus 8. Payment: 'Three Million Two Hundred Twena Five Thousand Dollars ($ to secure the claims to which reference is made in T itli l S et secs. of the Civil Cade of The State of California. 3. CONDITION, A. The Condition of this obligation as to Section(2_A-)above is such that if the above bonded Princ:ipal> or principal's heirs,executors,administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kepi and performed dt the time and in the manner therein specified and in all respects accordia to their true intent and meaning and shall indemnify and save harmless the' County of Contra Costa or cite assignee, its officers, agents and employees, as therein stipulated, then this obligation shall beccr'e null and void; otherwise it shall be and remain in full forge =d effCcl. As part of the obligation secured hereby and in addition to the facie amount specified thelefole, ?flierc shad be included reasonable casts,expenses and fees,including reasonable attorney's tees, inct:rred by the County of Contra Costa or city assignee, in successfully enforcing such obligation;; all to bre taxed as costs grad included in any judgement rendered. R. The condition of this obligation, as to Section (2.8.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound un€o the. County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the pesrfortnance of the aforesaid agreement and referred to in the aforesaid Civil Cade, for materials f4rnished, labor of any kind, or for amnoums due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the arnount herein above set forth and also,incase suit is brought upon this bond,will pay, in addition To rile f ac amount thereof, reasonable casts, expenses and fees,including reasonable attorneys felv,s, incturb d by the County of Contra Costa or city assignee, in successfully enforcing such obh? ation, to N- awarded and fixed by the court, all to be taxed as costs and To be included in the ittdg,emenl there-In rendered- It is hereby expressly stipulated and agreed thaT this bond shall inure to The benefit of any and a.il persons,companies and corporations entitled to file claims under Title 15 (commencing wii.h Section 3082 of Part 4 of Division 3) of the Civil Code of the `Mate of California, so as io give: a right o>,' action to them or their assigns in any shit brought upon this band. Should. The work under the conditions of this bond be funky performed, then this obizgation shall become null and void-, otherwise it shall be and Tema' in hall force and eff�c,t. rw C. No alteration of said Road IrnprovemenT Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve;the Surety frorn liability on this bored and eousetzt is hereby given to make such alteration without further notice to or consent by the Surecy and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against principal whenever taken. 4. SIGNED AND SEALED. The undersigned executed this document on WINDEMERE BLC LAND COMPANY, LLC By; Lennar Homes of California, Inc. FIDELITY AND DEPOSIT COMPANY PfUNCIPAL: its manager SURETY: OF MARYLAND Address- 31 30 Crow Canyon u' to 300 Address: 225 S. ,Lake Avenue.....City: _ .T_.__ 9 83 CiTYr .,Pasadena, CA 9110 Print Name: Lawrence H. Thompso _ print Name: Patricia H. Brebner Title: Vice President _-- _ Title: Attorney-in-T=act Dew tfiitgilmla�:uLi:*:�Fo7ulat�3?V lxi t3k 7�$�1-v d.c CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On July 8.. 2003 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. 0864 1835 Number of Pages: Two (2) Date of Document: July 7, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A( 'OWLEDGMENT No.5907 State of California County of Change Can July 7, 2003 before me, Rhonda C.Abel,Notary Public , [DATE NAME,TITLE OF OFFICER-E.G.,"JANE DoE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) personally known to me-OR- ❑ proved to me on the basis of Satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. r A. 1322777 SIGNATURE OF NOTA ��`�` hOAn�Y z4C Ai 4'C�iv;k y ORANGE COUN, 0 f'L7h+?.R. .AUG r',23£35" OPTIONAL IV►NML 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 ATTO RNEYAN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-406710EEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91349-7184 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 Vl,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 n said Company,as fully and amply,to all intents and purposes,as if th xe A ged by the regularly elected officers of the Company at its office in Ba 11A h it rr 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. a 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 00� t.0 aePosrr+ � � }i By: T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland ss: City of Baltimore On this 4th day of February, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, carne 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. Sandra Lynn Mooney Notary Public My Commission Expires: January I,2004 POA-F 012-5025M EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2.The Chairman of the Board,or the President, or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and i do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 7th day of July 2003 Assistant Secretary 'a _.......................................................................................................................................... ZURICH ,rJUS IMPORTANT DISCLOSURE NOTICE.15 PARIDE YOUR B!QND Fidelity and Deposit Company of Maryland,Colonial American.Casualty and Surety Company,Zurich American Insurance Company,and American Guarantee and Liability I nsurax�.ce Company are makingthe following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premeum The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $waived... This amount is reflected in the total premium for this bond. isclosur of Av lab i of C vera erroris os es As required by the Terrorism Disk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with teams, amounts,and limitations that do not differ materially as those for lasses arising from events other than acts of terrorism. is osure of p ede a1 S e of Insu once o 1$ n I e o 's oases The Terrorism.Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from ants of terrorists(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. ror 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 dues not currently provide for insurance industry or United States government participation in terrorism lasses that exceed$100 billion in any one calendar year. j2dinition of Act of Terraris—w The Terrorism Disk Insurance Act defines"act of teaorism"as any act that is certified by the Secretary of the Treasury, in ooneurre nce with the Secretary of State and the Attorney General of the United States- I. taten1. 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 aro 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 terroriser if the act is committed as putt of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting firorn 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 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKENfA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 622 SUBJECT: Amending Drainage Improvement Agreement, Subdivision 7387, Alamo Area. (District III) On July 8, 2003, this Board approved the Drainage Improvement Agreement with Alamo Highlands, LLC, for Subdivision 7387 off-site creek improvements. The following security bond rider to guarantee the off-site drainage improvements was presented for Board approval this date: Security with Alamo Highlands, LLC, as principal in the form of a corporate surety bond rider (Bond No. 8680885) dated September 15, 2003, and issued by Developers Surety and Indemnity Corporation. NOW THEREFORE BE IT RESOLVED that the Drainage Improvement Agreement approved by the Board on July 8, 2003, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond rider to amend the bond number to read from 868088P to 8680885. I hereby certify that this is a true and correct copy of an PB:rm action taken and entered on the minutes of the Board of G:\GrpData\EngSvc\BO\2003\10-14-03\SUB 7387 130-23.doc Supervisors on the date shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Director of Community Development Public Works -Accounting ATTESTED: OCTOBER 1.4, 2003 -Construction JOHN SWEETEN Clerk of the Board of Supervisors Alamo Highlands,LLC ' p Peter Branagh and County Administrator 3201 Danville Blvd.,#170 Alamo,CA 94507 Developers Surety and indemnity Corporation 17780 Fitch,Suite 200 Irvine,CA 92614 By , Deputy RESOLUTION NO. 2003/ 622 nsc%JCC) RIDER BOND NUMBER 8680885 COMPAI ..AAUA IT �".... 0':::FTCHA 4 0- '. WIN, 038 [TATE OF NOTICE BUND NUMBER TYPE OF BOND 10-02-2008 8680885 SUBDIV. IMPROVEMENT STORM DRAIN-STONE VALLEY Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned band, other than stated below. COUNTY OF CONTRA COSTA 255 GLACIER DRIVE MARTINEZ CA 94553 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 10-02-2003 This rider is on behalf of ALAMO HIGHLANDS LLC and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: AMEND BOND NUMBER TO REAM FROM 868088P TO 8680885 Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 02 day.of OCTOBER 2003 ,ry y E3y ` Attorn I4"acf PRC?DUCER. FISCHER R C AND COMPANY 1555 N MAIN STREET SUITE 360 WALNUT CREEK CA 94596 ORIGINAL HAS BEEN MAILED TO OBLIGEE IF REQUIRED. THIS IS YOUR NOTICE OF CHANGE. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** Pauline McLean, Antonio Alvarado, Gina L. Garner, jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Anorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation.and all of the acts of said Attorne_y(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile tinder and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November i,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be.and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute.on behalf of the corporations,bonds,undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED.FURTHER,that the signatures of such officers may be affixed to tiny such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these preserts to be signed by`their respective Executive Vice President and attested by their respective Secretary this S"day of January,2002. ��, { tl,lllllllCl1111 B : i� �( AND/tib•. � pANY pc By: David H.Rhodes,Executive Vice President �r'Ste` 'CL 0R� �+'•;y OYPOR,q�C'p J df ar: OCT, OCT.5 �` T Gf� 1✓�/ f�, ; c cWr 11� c� 1967 f19 :0 1936 By: ',',�y3, 1pyJp .,ab:4 phi OfL1FOP�\� �Z Walter A.Crowell. Secretary p" 1k' STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January H,2002,before rite,Antonio Alvarado,personally appeared David H. Rhodes and Walter A. Crowell,personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument. WITNESS my hand and official seal. ANTONIO ALVARADO COMM.#1300303 � Notary Public-California 1.� ?✓ ORANGE COUNTY D S't staitrre My Comm.Expires APRIL 10,2005 CER'T'IFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California,the� day of OCTOBER. fi By Jr '" David G.Lane,Chief Operating Officer ID-1380(01/02) STATE OF CALIFORNIA SS. COUNTY OF ORANGW On OCTOBER 2,2003 before me, DONNA DIANNA VIRGEL PERSONALLY APPEARED ,ANTONIO ALVARADO personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir authorized capacity(ies),and that by hislherltheir signature(s)on the instrument the person(s),or the entity upon behaU of which the person's)acted, executed the instrument. ' DONNA WANNR �?#T�II,,.I cx COMM, #1414892 WITNESS my hand and o ficial seal. NWARY PJJKfC•CAUf0ft1tIA It ORAI' E COUNTY VY Cb"sm.Exp,M8y 2>2007 i 1 ' Signature `" — r This area for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER RIDER TITLE OF TYPE OF DOCUMENT T{ne(s) El PARTNER(S) 0 LIMITED D GENERAL ONE �I ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) El GUARDIANICONSERVATOR ❑ OTHER: OCTOBER 2,2003 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS;OR ENTITY(iES) DEVELOPERS SURETY AND INDEMNTY COMPANY SIGNERS OTHER THAN NAMED ABOVE 1D-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT eel Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: San Ramon(Dougherty Valley) Road: Bollinger Canyon Road APN: 222-270-001 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14, 2003 by the following vote: APES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/ SUBJECT: Acceptance of Instrument for Offer of Dedication for Landscape Easement, for Subdivision 7984, being developed by Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA D1SIR.ICT Offer of Dedication Subdivision 7984 Shapell Industries, Inc., San Ramon III for Landscape Easement APN: 222-270-001 a Delaware Corp. (Dougherty Valley) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of SG:rm Supervisors on the date shown. G:\GrpData\EngSvc\BO\2003\10-14-03\SUS 7984 BO-30.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) cc: Current planning,community Development Deparhnent ATTESTED: OCTOBER 14, 2003 Shapell Tndvstries,Inc,,a Delaware Corp. JOHN SWEETEN, Clerk of the Board of Supervisors and P.O.Sox 361169 100 N.Milpitas Bird. County Administrator Milpitas,CA 95035 By — - -- , Deputy RESOLUTION NO.2003/ 623 Illi il!111 I Ili li I!it 1III 1111!ll IlII 1 illl 1!Ilil I ii Recorded ost the ounty est of* CONTRA COSTA Co Recorder Office Public Works Department STEPHEN L. UEIR Clerk-Recorder Return to: /� s� Public Works Department DOC— 2000! —0rj 12590-00 Records Section Tuesday, OCT 24, 2003 14:33:03 Area: San Ramon(Dougherty Valley) FRE $0.00 Road: Bollinger Canyon Road Ttl Pd $0,00 Nbr-0001$04413 Co.Road No.: RAi405 N/A 1rt/RS/1-7 Development: Subdivision 7984 APN: 29-993 222-Z.-7o-oo i OFFER OF DEDICATION - LANDSCAPE EASEMENT Shapell Industries Inc., a Delaware Corp., the undersigned, being the present title owner of record of the herein described parcel of land,do hereby make an irrevocable offer of dedication to the public and to CONTRA COSTA COLTNTY and its successors or assigns, an easement for landscape purposes,including installation and maintenance of landscape improvements, over the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing body of its successors or assigns. In the event CONTRA COSTA COUNTY, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed, the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. The undersigned have executed this instrument on Mate). (signature) B (Print rdame&Tide) J.C, mruebridge / Asst. V.R. (signature) B: (PrattNwue &Trck) Mar Tti e s t h a l p / Asst. Secty. (see attached notary) uw GAGrpData\FngSvc\Fbrms\0F WORMOF-4.doc Rev.July 21.2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t, State of California County of On Com`\ before me, Date Name and Title of Officer{a.g.,"Jane Doe Norory Pnrr^> personally appeared _ 1� Name(s)of Signor{s) X ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names).f5/are , subscribed to the within instrument and _ Commission# 1315897 acknowledged to me that 4efsihe/they executed .� Notary Public.California the same in hieF#etttheir authorized Santa Ckua County capacity(ies), and that by f}tsfitett'their MMC sAug24, � signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TNESS my hand and offi 'al seal. Signature of Notary Public rT2A Though the information below is not required by taw,it may prove valuable to persons retying 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: Q)- < rj --s Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ individual {\ � Top of thumb here corporate Officer—Tftle(s): kl \ i .s dam 'SL S s -+` _ ❑ Partner—❑Limited ❑General ❑ Attomey-in-Fact E. Trustee ❑ Guardian or Conservator ❑ Other: ` t r Signer is Representing:- ��1, �� .-a---�J c i 0 1999 National Notary Association+9350 De Soto Ave.,P.O.Box 2402+Chatsworth,CA 91313-2402+www.nationalnotary.org Prod.No.5907 J Peordar Cali Toll-Fres 1-800-876-6827 EXHIBIT"A" PAGE 1 OF 2 1-13-2003 F.C.I. SUBDIVISION 7984 --UNSURVEYED REMAINDER DESCRIPTION 40' LANDSCAPE &MAINTENANCE EASEMENT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, BEING OVER, UNDER,AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "UNSURVEYED REMAINDER"OF"SUBDIVISION 7984, MONARCH AT GALE RANCH"AS FILED ON THE 2811H DAY OF OCTOBER,2002 IN BOOK 448 OF MAPS,AT PAGES 29 TO 74, INCLUSIVE,CONTRA COSTA COUNTY RECORDS,FOR PURPOSES OF A FORTY(40.00')FEET LANDSCAPE& MAINTENANCE EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID "UNSURVEYED REMAINDER"AS SAID CORNER LIES ON THE SOUTHERN RIGHT-OF-WAY LINE OF "BOLLINGER CANYON ROAD"AS SHOWN UPON SAID SUBDIVISION 7984;THENCE ALONG SAID SOUTHERN RIGHT-OF-WAY LINE THE FOLLOWING FOUR(4)COURSES: (1)NORTH 68001'51"EAST 14.53 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT;THENCE(2)ALONG SAID CURVE H AVING A RADIUS OF 931.50 FEET,A CENTRAL ANGLE OF 10"44'15",AND AN ARC LENGTH OF 174.57 FEET TO THE BEGINNING POINT OF A TANGENT LINE;THENCE(3)ALONG SAID TANGENT LINE NORTH 78°46'06"EAST 144.02 F EET TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT; THENCE (4) ALONG SAID CURVE HAVING A RADIUS OF 1779.50 FEET,A CENTRAL ANGLE OF 1°00'17",AND AN ARC L ENGTH OF 31.20 FEET TO THE NORTHWEST CORNER OF "PARCEL AA"'OF SAID SUBDIVISION 7964; THENCE ALONG THE WESTERN PROPERTY LINE OF SAID "PARCEL AA- SOUTH 31°54'20"EAST 43.12 FEET TO A POINT ON A CONCENTRIC CURVE TO THE LEFT MEASURED 40.00 FEET IN A SOUTHERLY DIRECTION FROM THE AFORESAID 1779.50 FEET RADIUS CURVE AND WHOSE RADIUS POINT BEARS SOUTH 9042'08" EAST THEREFROM; THENCE DEPARTING FROM SAID WESTERN PROPERTY LINE AND ENTERING SAID UNSURVEYED REMAINDER THE FOLLOWING FOUR(4)COURSES: (5)ALONG SAID CURVE HAVING A RADIUS OF 1739.50 FEET, A CENTRAL ANGLE OF 1031'46",AND AN ARC LENGTH OF 46.43 FEET TO THE BEGINNING POINT OF A TANGENT LINE AND SAID LINE ALSO BEING A PARALLEL LINE MEASURED 40.00 FEET PERPENDICULARLY IN A SOUTHERLY DIRECTION FROM THE AFORESAID 144.02 FEET LINE;THENCE(6)ALONG SAID TANGENT AND PARALLEL LINE SOUTH 78046'06" WEST 144.02 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE LEFT AND BEING ON A CONCENTRIC CURVE MEASURED 40.00 FEET IN A SOUTHERLY DIRECTION FROM THE AFORESAID 931.50 FEET RADIUS CURVE; THENCE (7)ALONG SAID CURVE HAVING A RADIUS OF 891.50 FEET, A CENTRAL ANGLE OF 10044'15",AND AN ARC LENGTH OF 167.07 FEET TO THE BEGINNING POINT OF A TANGENT LIN E AND SAID LINE ALSO BEING A PARALLEL LINE MEASURED 40.00 FEET PERPENDICULARLY IN A SOUTHERLY DIRECTION FROM THE AFORESAID 14.53 FEET LINE;THENCE(6)ALONG SAID TANGENT AND PARALLEL LINE SOUTH 68°01'51"WEST 30.67 FEET TO A POINT ON THE WESTERN PROPERTY LINE OF SAID UNSURVEYED REMAINDER; THENCE ALONG SAID WESTERN PROPERTY LINE NORTH 0000'00" EAST 43.13 FEET TO SAID POINT OF BEGINNING. CONTAINING 15,050 SQUARE FEET, 0.346 ACRES, MORE OR LESS. 2z..z._Z7C c OVER, UNDER, &ACROSS A PORTION OF: ASSESSOR'S PARCEL No. 24&444-84.3. END OF DESCRIPTION ,�V i5_ 10 PREPARED B WIRES: FRED C. iNGA LLS, ICENSED DATE �, `�` PROFESSIONAL LAND SURVEYOR No. 5859, C i4 LICENSE iC - EXPIRES: 12-31-2004 , G:A.dmin'Jobs-9919910841Surveytlme-remainder-1.doc Ruggeri-.Jensen -Azar& Associates s- 4690 CHABOT DRIVE,SUITE 200,PLEASANTON,CA 84588 PHONE; (525)227-5100 0 FAx: (925)227-9300 v � Lr) s s tA 910 ffiWk L3 . C.2 L3 '08 �r R . -- N9°42 OS W CPARCEL 'AA* P.O.B. t -rt, r L 5 �,�L � SUBDIVISION 7984 >. ..� tom' 448 M 29 G` A�DSCACE Ps EM ENT N1 L6 MAINTENAN NSURVEYED REMAINDER SUBDIVISION 7984 448 M 29 7- Z E CURVE TABLE :2: Q CURVE R U L i Cl 931.50' 10 44'15" 174.57' i C2 1779.50' 100'17" 31..20' U C3 1739.50' 131'46" 46.43' C4 891.50 10 44'15" 167.07' LINE TABLE i LINE BEARING DIST —� � ANCE L 1 N00`00'00"E 4.3. 15' L2 N6'801'51"E 14.53' —L 13 N78 46'06"E 144.02' i L 4 S3154'20"E 43. 12' L5 N78'46'06"E 144.02' 0 100 i 200 300 L6 N68 01'51"E 30.67' i 9 LEGEND i inch 100 ft. u P.O.B. POINT OF BEGINNING PATH: G:\GALEPiH2\991084e\EASEMENTS—LME—RA1 105.DWG EXHIBIT "A" w PLAT TO ACCOMPANY LEGAL DESCRIPTION SHEET 2 OF 2 GALE RANCH - PHASE 2t*-jj $ � - LANDSCAPE & MAINTENANCE z T3 ar a.Associates EASEMENT ?NONE111 IVt(925)VE.935-t771OttOFAX:ALNUT(925) 935-7763 34596 a SCALE: DATE: J08 NO.: CONTRA COSTA COUNTY, CALIFORNIA 1 = 100' 01-24—03 -24-03 991084 LME-RA1105 . txt --------- ------ ------------------------------------------------------- Parcel name : LME-RA1105 North: 466655 .4208 East : 1587527 . 1495 Line Course : N 00-00-00 E Length: 43 . 13 North: 466698 . 5508 East : 1587527 . 1495 Line Course : N 68-01-51 E Length: 14 . 53 North: 466703 . 9866 East : 1587540 . 6244 Curve Length: 174 . 57 Radius : 931 . 50 Delta: 10-44-15 Tangent : 87 . 54 Chord: 174 . 31 Course : N 73-23-58 E Course In: S 21-58-09 E Course Out : N 11-13-54 W RP North: 465840 . 1272 East : 1587889 . 1056 End North: 466753 . 7868 East : 1587707 . 6713 Line Course : N 78-46-06 E Length: 144 . 02 North: 466781 . 8385 East : 1587848 . 9330 Curve Length: 31 . 20 Radius : 1779 . 50 Delta: 1-00-17 Tangent : 15 . 60 Chord: 31 . 20 Course : N 79-16-15 E Course In: S 11-13-54 E Course Out : N 10-13-37 W RP North: 465036 .4201 East : 1588195 . 5377 End North: 466787 . 6478 East : 1587879 . 5918 Line Course : S 31-54-20 E Length: 43 . 12 North: 466751 . 0423 East : 1587902 . 3817 Curve Length: 46 .43 Radius : 1739. 50 Delta: 1-31-46 Tangent : 23 .22 Chord: 46 . 43 Course: S 79-31-59 W Course In: S 09-42-08 E Course Out : N 11-13-54 W RP North: 465036 .4225 East : 1588195 . 5354 End North: 466742 . 6070 East : 1587856 . 7217 Line Course : S 78-46-06 W Length: 144 . 02 North: 466714 . 5553 East : 1587715 .4601 Curve Length: 167 . 07 Radius : 891 . 50 Delta: 10-44-15 Tangent : 83 .78 Chord: 166 . 83 Course : S 73-23-58 W Course In: S 11-13-54 E Course Out : N 21-58-09 W RP North: 465840 . 1296 East : 1587889. 1033 End North: 466666 . 8936 East : 1587555 . 5864 Line Course : S 68-01-51 W Length: 30 . 67 North: 466655 .4198 East : 1587527 . 1435 Perimeter: 838 . 78 Area: 15 , 050 sq. ft . 0 .35 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Page 1 LME-RA1105 . txt Error Closure : 0 . 0061 Course: S 79-48-44 W Error North: -0 . 00108 East : -0 . 00599 Precision 1 : 137, 501 . 64 Page 2 Recorded at the request of: Contra Costa County Board o;Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: San Ramon(Dougherty Valley) Road: Bollinger Canyon Road APN: 222-240015 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 14, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 624 SUBJECT: Acceptance of Instrument for Offer of Dedication for Emergency Vehicles Access, for Subdivision 7984, being developed by Shapell Industries, Inc., a Delaware Corp., San Ramon (Dougherty Valley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR. AREA DISTRICT Offer of Dedication Subdivision 7984 Shapell Industries, Inc., San Ramon III for Emergency Vehicles APN: 222-240-015 a Delaware Corp. (Dougherty Access Easement Valley) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of SG:nr, Supervisors on the date shown. G:\GrpData\EngSvc\BO\2003\10-14-03\SUB 7984 BO-30-2.doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) cc: current Planning,Community Development Department ATTESTED: OCTOBER 14, 2003 Shapellries,Inc.,a Delaware Corp. 5..Wooden JOHN SWEETEN, Clerk of the Board of Supervisors and Wor P.O.Bax 361169 County Administrator 100 N.Milpitas Blvd. Milpitas,CA 95035 f By '' , Deputy RESOLUTION NO.2003/ 624 `.` .: IIII!lllllllllllll Il lilt III!I!!illl I!II!!Ili I ll! Recorded at the request of: CONTRA COSTA Cc Record Contra Costa County STEPHEN L, IEIR Clerk-Recorder er Office Engineering Services Division DOCS `0512591—.00 RCon a Costa County Tuesday, OCT 14, 2003 14:93:09 Public Works Department FRE $0.00 Records Section T&&1 t Pd $@,68 Area: San Ramon(Dougherty Valley) Nbr @0@1804414 Road: #at# J!s0L6tNG&R CA++3Yot+t "AD 3rtlR9l1-g Co.Road No.: NIA Development leo.: Subdivision 7984 APN: 206-240-998 2P.2-240-015 OFFER OF DEDICATION—EMERGENCY VEHICLES ACCESS (EVA)EASEMENT I, Shapell Industries, Inc., a Delaware Corp.,the undersigned,being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the CONTRA COSTA COUNTY and its successors or assigns, an easement for emergency vehicles access purposes, over the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description)and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing body of its successors or assigns. In the event CONTRA COSTA COUNTY, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed, the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. r The undersigned executed this instrument on mate,. (signature) -7 -7 (xWmrr;tte) T Truebridge /--Asst. V.P. L . (signatum) By* ' l •rw t1Vone/Ttite> Mar Westphal / Asst. Se�cty. (See attached notary) :mw GAGrpData\EngSvc\Farms40F WC RMOF-Tdoc Rev.July 22,2003 EXHIBIT`:A" PAGE i OF 2 1-14-2003 F.C.I. SUBDIVISION 7984 -- PARCEL K DESCRIPTION EMERGENCY ACCESS EASEMENT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, BEING OVER, UNDER,AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "PAROL K- OF "SUBDIVISION 7984, MONARCH AT GALE RANCH"AS FILED ON THE 28L—H DAY OF OCTOBER,2002 IN BOOK 448 OF MAPS,AT PAGES 29 TO 74, INCLUSIVE,CONTRA COSTA COUNTY RECORDS, FOR PURPOSES OF AN EMERGENCY ACCESS EASEMENT,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CO RNER OF SAID "PARCEL'K';THENCE ALONG THE WESTERN PROPERTY LINE OF SAID "PARCEL K-NORTH 0000'00" EAST 170.53 FEET; THENCE DEPARTING FROM SAID WESTERN PROPERTY LINE AND ENTERING SAID "PARCEL`K"'SOUTH 17030'51"EAST 161.19 FEET TO A POINT ON THE NORTHERN RIGHT-OF-WAY LINE OF "BOLLINGER CANYON ROAD"AS SHOWN UPON SAID SUBDIVISION 7984 AND BEING ON A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS SOUTH 18026'25"EAST THEREFROM;THENCE ALONG SAID NORTHERN RIGHT- OF-WAY LINE THE FOLLOWING TWO (2)COURSES: (1)ALONG SAID CURVE HAVING A RADIUS OF 2150.00 FEET, A CENTRAL ANGLE OF 1013'43",AND AN ARC LENGTH OF 46.11 FEET TO THE BEGINNING POINT OF A TANGENT LINE; THENCE (2)ALONG SAID TANGENT LINE SOUTH 70°19'52"WEST 5.24 FEET TO SAID POINT OF BEGINNING. CONTAINING 4,131 SQUARE FEET, 0.095 ACRES, MORE OR LESS. Z ZZ 2•IC,,.-eIf OVER, UNDER,&ACROSS A PORTION OF: ASSESSOR'S PARCEL No. 286--240.66B- END OF DESCRIPTION tvNk I EXPIRESUp ° Nom 554,%. ° PREPARED BY- FRED C. INGAL , LICENSED DATE PROFESSIONAC LAND SURVEYOR No. 5859, LICENSE EXPIRES: 12-31-2004 G:\Admtn\Jobs-99\991084\Survey\access-esmt-prcl-K.doc Ruggeri—Jensen—Azar& Associates 4690 CHABOT DRIVE,SUITE 2010,PLEASANTON,CA 94588 PHONE: (925)227-9100 FAX: (925)227-9300 LOT ;J /� t SUBDIVISJOIN 8189 89 41 14 m 25 SUBDIVISION 984 �i f8 M 2J PARCEL S' SUBDIVISION 8189 ``, EMERGENCY ACCESS 414 M 25 EASEMENT Z! -' N 0-010°52 N182625"W (R) 3,43" 00 P.O.B. � -21 11' ,ko PO 4C --N - m t' 0 60 120 160 �- LEGEND P.O.B. POINT OF BEGINNING i inch = 60 ft. PATH: G:\GALEPH2\991084E\EASEMENTS\ER_ACCESS_ESMT.DWG EXHIBIT "A" SHEET 2 OIC' 2 w PLAT TO ACCOMPANY LEGAL DESCRIPTION , .r GALE RANCH - PHASE 2 , EMERGENCY ACCESS War & Assodales 1111 C1V4C TWVE, SUfTE 110 • WALNUT CREEK, CA 94596 ' PHONE: (925) 935-7713 • fAX: (925) 935-7763 EASEMENT SCALE: DATE: JOB NO.: CONTRA COSTA COUNTY, CALIFORNIA 1" m gp` 01-24-03 991084 ER ACCESS_ESMT. txt ---------------------------------------------------------------------- Parcel name : ER ACCESS ESMT North: 466903 . 38 East : 1587527 . 15 Line Course : N 00-00-00 E Length: 170 . 53 North: 467073 . 91 East : 1587527 . 15 Line Course: S 17-30-51 E Length: 161 . 19 North: 466920 . 19 East : 1587575. 66 Curve Length: 46 . 10 Radius : 2150 . 00 Delta : 1-13-43 Tangent : 23 . 05 Chord: 46 . 10 Course: S 70-56-43 W Course In: S 18-26-25 E Course Out : N 19-40-08 W RP North: 454880 . 58 East : 1588255. 74 End North: 466905 . 14 East : 1587532 . 08 Line Course: S 70-19-52 W Length: 5 .24 North: 465903 . 37 East : 1587527 . 15 Perimeter: 383 . 05 Area: 4 , 131 sq.ft . 0 .09 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure : 0 . 00 Course: S 36-24-26 W Error North: -0 . 002 East -0 . 002 Precision 1 : 383 , 060, 000 . 00 Page 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Mate of California ss. i County of '+ L On before me,7YFt Date Name and riiBe of Officer(e.g.,'Jane Doe,Notary Publi personally appeared ��J `�la i�1 _ - ti's ��- UR5.T-P( IV -- Narne(s)of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Aare JANtCE t KRUSE subscribed to the within instrument and Commission # 1318697 acknowledged to me that 4aA0eJthey executed Notary Public - Colitotnia +r the same in *e�/their authorized i Santa Clara County capacity(ies), and that by hisiin*Otheir MVC4'tun•ExPkw Aug 24' signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ESS my hand and official seal. signature of Notary Public OPT/ Though the information below is not required by jaw,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 Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 173 Individual / p ( r— lap of thumb here orporate Officer-----Title(s): 0 Partner—0 Limited ❑General 0 Attomey-in-Fact Trustee j G Guardian or Conservator El Other: Signer is Representing: 0 1949 National Notary Association•9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationatnotary.org r rod.No.5907 Reorder:Call To&-Free 1-800-876.6827