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HomeMy WebLinkAboutMINUTES - 11042003 - C16-C20 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20031668 SUBJECT: Approve the Drainage Improvement Agreement DA 0015(cross reference Sub 8507) for Windemere Water Quality Pond 6, 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 Water Quality Pond 6 for Subdivision 8507,drainage acceptance file DA 0015(cross reference Sub 8507),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 9 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(ES) shown. Contact: Teri Rie(313-2363) JC:gpp /. G:\GrpData\EttgSvc\BO'\2003\11.4-03\DA 15 BO-20.doc November ��� cc: Pubic Works- T.Bell,Construction ATTESTED: 4 J.Gray,Eng.Svs. T--August 7,2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County Windemere BLC Land Company,L.L.C. Administrator Brian{lin 3130 Crow Canyon Place,#310 San Ramon,CA 94583 A Travelers Casualty&Surety Company of America Nanette Mariella-Mayers 9325 Sky Park Court,Ste.220 By -'` -- ,Deputy San Diego,CA 92123 RESOLUTION NO.2003/668 SUBJECT: Approve the Drainage Improvement Agreement DA 0015(crass reference Sub 8507) for Windemere Water Quality Pond 6, being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III) DATE: November 4, 2003 PAGE: 2 I. Cash Bond Performance Amount: $2,700.00 Auditor's Deposit Permit No. DP410840 Date: August 26, 2003 Submitted by Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94329-15-16 II; Surety Bond Band Company: Travelers Casualty& Surety Company of America Bond Number and Date: 104125088 August 13, 2003 Performance Amount: $267,300.00 Labor&Materials Amount: $135,000.00 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 2003/668 DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0015 (Cross-Reference SUB 8507) Effective Date: " Completion Period: 1 year Developer: Windemere BLC Land Company L.L.C. WINDEMERE BLC LAND COMPANY LLC, A California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC, 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 t r F By: r' ` w �� (signature) i RECOMMENDED (print name&Ti le) on Larson,Vice President 0 PPROVAL (signatu � Engineer' g erv' s ion (print name Title)< ynn 3ochim,Asst.Secretary 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 Code9313.) 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. 3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $_ 2.700.00 cash,plus additional security,in the amount of$_ 267.300.00 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$ 135.000.00 which is fifty percent(50°16)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 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 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 snake 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 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. T INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the 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. & COSTS. Developer shall pay when due,a]I the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORtVMANCE 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. RL:kw \\PWS4\SHARDATA\GrpData\Eng5vcToems\.AG WORMAG-17.doc Rev.April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of° �, g; e `tsi` OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On ��«.� before me, ` , i 4`4 � t '"ice) yl��1,10-, t Though statute does not require the Nota to fill in NA OF OFFE�ANE OE,NOTAR LIC" the data below,doing so may prove invaluable to personally appeared , i ' v persons relying on the document, NAME(s)1pFSIGNER(S) ❑ INDIVIDUAL personally known to me-EiR vtence to (- CORPORATE OFFICER(S) be the person(s)whose name(s).is1are TITLE(s) subscribed to the within instrument and acknowledged to me that Wsho/they executed I PARTNER(S) 71 LIMITED T AUSTIN the same in mar/their authorized 11 GENERAL capacity(ics),and that by his4w/their COmmisSicn# 1378739 si natures on the instrument the ❑ ATTORNEY-IN-FACT g O persons)or z �> Notary Public - California z the entity upon behalf of which the person(s) ❑ TRUSTEE(S) Contra Costa County acted,executed the instrument. I I GUARDIAN/CONSERVATOR E! OTHER: My COMM.Expires Oct 7,2006 A ,my Lind and official eal, SIGNER IS REPRESENTING: SFG SIG NATFJRE OF NOTARY {NAME OF PERSON(S)OR ENTITY(IES)) 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 - SigHing party must be either a general partner or be authorized in writing to have the ant arity to sign or an Ind t e parttiersltip. IV. SIGNATURES FOR CORPORATIONS Documents should be signed y two o icers,one from each of the following two groups: GROUP 1. (a}The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: .and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." Jc,mw G:\GrpData\EngSvc\Forms\wORD FORMS\ALL PURPOSE NOTARY.doc Rsv.August<i;2001 COUNTY OF CONTRA COSTA DEPOSIT PERMIT ��-•` C OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA f RECEIVED FROM t * 3 ORGANIZATION NUMBER "T (For Cash Collection Procedures see County Administrator's Bulletin 145.) DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT C ' ; `` , 17V z- C cx ' r 611W65 Y ,! 3G . 1 4 EXPLANATION: TOTAL i'~ l�� / I � DEPOSIT Deposit consists of the fallowing items, COIN and CURRENCY $ ' x� �✓M . Y � Lj� /t ) '�i KS,AQ,ETC. 1C.-'1 / /� BANK DEPOSITS $ _ FO#AUDITCIR-CONTROLLER USE ONLY f � = ;7 DEPOSIT PERMIT .. r + NUMBER DATE ASSIGNED The amount of money described above is for Creep a arnaun is proved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged.,,, Signe 1t t Date Signed. Signed rtl _ jt— ,1{ [/ fT. Deputy County Auditrea or Deputy County Tsurer 6-34 REV.(7-93) zy i ") DL COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFOR"A RECEIVED FROM ORGANIZATION NUMBER (For Cash Collodion Procedures see County,Administrotor's Bulletin 105.) DESCRIPTION FUNDJORG. Sulk ACCT TASK CIPTION ACTIVITY AMOUNT $ i ;:: <>; ; . I I 1 - 1 I t r t Ill1 Y I i i i I I I t I i t I i 1 i I r � r � I t I I .1 I 1 i t t t t 1 EXPLANATION: TOTAL $ DEPOSIT I Deposit consists of the following items i CMN and CURRENCY $ i CHECKS,M.O.,ETC. $ BANK DEPOSIT'S $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT } PERMIT DP NUMBER DATE ASSIGNED t The;Zunt of money described above is far , 3 asurer'`s receipt of ab amount is approved. Receipt of above amount is hereby ...deposit into the County Treasury. t t SVIL, ;��3ctA,4.t+ Date Signed: T �h- Gxr. " Deputy County Auditor Signed:Deputy County Treasurer 0-34 REV.(7-93) 1 819800-0800. 61120595, $1.300.00, DG0019, Landscape Improvement Cash Bond, Phase III Main Branch Alamo Creek, Windemere BLC LLC, 3130 Crow Canyon Pl #310,.San Rumon,CA94583 819800-0800. 61120615, $5.000.00 Mood Control Permit 623-03, Cash Bond, City of Brentwood, 708 Third St,, Brentwood, CA 94513 awl 819800-0800: G1120618, $6,570.00, DG0025, Windemere II Water Quality Ponds 7&8, Cash Performance Band (civil), Windemere BLC LLC, 3130 Craw Canyon PI #310, San Ramon,CA94583 0649-9665 / 831000: G1120594, $9,900.00, 060021, Windemere Phase IV Outfall, Drainage Improvement Plan ReviewDeposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583 0649-9665 / 831000: G1120596, $10,950.00, D60019, Phase III Dain Branch Alamo Creek, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon,CA94583 0649-9665 / 831000: G1.120597, $8.000.00, bG0019, Phase III Main Branch Alamo Creek, Additional Civil Improvement Pian Review (drainage) Deposit Windemere BLC LLC, 3130 Crow Canyon Pi #310, San Ramon,CA94583 0649-9665 / 831000: G1120598,' $1.000.0 LP98-2054, COA Compliance, Check Deposit- No Improvement, Robert D. Herrenhuhl, 816 Port Chicago Hwy, Bay Point, CA 94565 0649-9665 / 831000: G1120600, $96.900.00, Sub 8571, Major Sub Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: 61120601,$146,231.00, Sub 8572, Major Sub Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1120602, $402.23, M53-00, Construction Inspection Deposit, Gene R. Schmidt, Inc. 940 Relieze Station Lane, Lafayette, CA 94549 0649-9665 / 831000: G1120603, $84.38, RS2657, Additional Rec. of Survey Checking Fee, job 00-213, Bay Area Land Surveying, 1828 Bonito Rd., San Pablo, CA 94806 0649-9665 / 831000: G1120604, $500.00, 852`822, Record of Survey Deposit, job 99-162, Jay L. Harpers, 1539 Fourth 5t., San Raphael, CA 94901 0649-9665 1 831000: 61120605 $500.00, 852821, Record of Survey Deposit, job 200244, Clyde Miles Construction, 2201 Harbor 5T. E, Pittsburg, CA 94565 0649-9665 / 832000: G1120606, $500.00, R52820, Record of Survey Deposit, job 03172.03250, DeBolt Civil Engineering, 811 San Ramon Valley Blvd. Danville, CA 94526 0649-9665 / 833000: 01120607, $5,486.00, MS98-1, Improvement Plan Check Deposit, David & Denise Fisher, 4050 Stone Valley Oaks Dr., Alamo, CA 94507 0649-9665 / 831000: G1120608, $33.020.00, RA1128, Road Acceptance Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1120611, $50.000.00, Sub 8638, Inspection Fee Deposit, Shapell Industries of No Cal, 200 N. Milpitas, Blvd, Milpitas, CA 95035 0649-9665 / 831000: G1120612, $15,000.00,DA0027, Plan Review, Shapell Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA 95035 0649-9665 / 831000: G1120613, $500.00, RA1122 (DSRSD Dump), Map Check Shapell Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA 95035 0649-9665 / 831000: 02120614, $1.400.00, Flood Control Permit 623-03, Cush Deposit, City of Brentwood, 708 Third St., Brentwood, CA 94513 0649-9665 / 832000: 01120617, $35,650.00, 000015, Drainage Improvement Inspection Deposit, Windemere II Water Quality Pond 6, Windemere BLC LLC, 3130 Crow Canyon Pl #310, San Ramon,CA94583 0649-9665 / 831000: G1120619, $33,070.00, DG0025, Drainage Improvement Inspection Deposit, Windemere II Water Quality Pond 7&8, Windemere BLC LLC, 3130 Crow Canyon PI #'310, San Ramon,CA94583 1)evelaputeiai I`it►: A 0015 tCEgss-1 of SIJB 8507) Bond: 104125088 Premium: $1,871.00 IMPP,OVEMtNT SECURITY BOND FOP,DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,AD labor and materials) I. OBLIGATI__ N: Winderam BLC t.and Qmgany, L.L.C. - - - - - ,as MXipal,and Tcave Q—su " a corporation organized and existing,under the laws of the State of Connecticut and organized and existing under the laws of the State of California, as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,& Maintenance: Two Hcutdre -SiM Seven Thou"Ld Three Hundred.and 00/100 Dollars ($ 267,300-00 )for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor fie Materials: OngHundred Thirst/Five TbquMd 00/100 _Dollars (S lit-000.00 - )for the benefit of persons protected under Title 15 §et seq.ofthe California. Civil Code. ?. I CTTAI,.C►F+Cts I'ii CT: The grin+cipal conrracied with the County to install and pay for drainage and ether improvements in {SU]3 85#I7) DA>0015 , as specified in the Drainage Improvements Agreements 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___ ON. Wiri4 mae-Phase ii 3. CtNhITIt7l: if the principal faithfully performs allthings required according tot the terrirs and conditions of said contract and improvement plan and improvements agreed on by the principal and the County, then this obligation as to Section 1-(A) above shall become hull 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 Riot ishing labor or materials to them for said work and improvement,and protects the premises from claims of such liens,then this obligation as to Section I-(B)above shall become null and void;otherwise this obligation remains in full farce and effect. 1,10 altera€ion of said contact or any plans or specifications of said work agreed to by the Principal and the ;o,mry 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§ 2$13, and holds itself bound Without regard to and independently of any action na last: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. COrvnMcn : A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators, successors or assigns, shall in all things stand To and abide by,and well and 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 Contra Costa (or city assignee),its officers,,agents and employees,as therein stipulated,theft this obligation shall become null and void;otherwise it shall be and remain in fall force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(err 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 undersigned " corporaw surety are held firmly bound unto the Counry of Contra Costa &ad all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Cede 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 sane in an arnount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and fined by the court,and to be tasted as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Cade,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become buil and void, otherwise it shall be and remain in full farce and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by The Principal and the County shall relieve any Surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever Taken. SIGNED AND WAXED l on st 13, 2003 W' SLC Land yr, LC ave 'eco Casualty and sur�:C Ty N #P Inc. SU"TY P Y' Of erica �.. By its m n By aw n o n ent Nanette Mariella-Myers. A orney--in-Facts tl4dreSS 13d SOW l 322j74rI lace Address _Sicc park �"`f nI3J" 'x tai iia C2 San Ramon, CA 9583 San Diego, CA 921.23 MW C rGrpD#uT-nOvzgo=ZN*ORMON-10 do c Rv, Aw4w 12.2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of grange On August 14, 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. GORDON J.PETERSON Witness my nd and official.seal. Commission#1335380 z z Notary Pudic-California y .' z C}range County nth'conn .Encs res C 17, 5 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. 104125088 Number of Pages: Two 2 Date of Document: August 1312003 Signers (other than those named above): Nanette Mariella-Myers CALIFORNIA ALL-PURPOSE Ar ' OW'LEDGMENT No.5907 State of Califomia County of orange On 8/13/03 before me, Jane Kepner,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC- personally appeared Nanette Mariella-Myers NAME(S)OF SIGNER(S) ® personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon JANE KEPNER r behalf of which the person(s) acted, executed the instrument. COMM.#1317519 j? y �IOT'ARY PUBLIC s CALIFORNIA c ORANGE COUNTY Comm-Exp.AUG, 11,2005 WITNESS my hand and official seal. �z SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL [� CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) [� PARTNER(S) 8 LIMITED GENERAL ® ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES [ OTHER: SINNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4087/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Rennet Ave.,P.O.Box 7184•Canoga Perk,CA 91309-7184 TRAVELED "'ASUALTY AND SURETY COMPANY OF A' UCA TR ......,LERS CASUALTY AND SURETY COMPAN h FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY ANIS CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,.constitute and appoint: ,Tames A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella- Myers, Rhonda C. Abel, Stanley C. Lynn, Patricia H. Brebner, Alexis H. Bryan, Leigh McDonough, of Irvine, California, their true and lawful Attorney(s)-inFact, 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, recogniizannces, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full farce and effect: VOTED. That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the'treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-iii-Tact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed;in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is novo in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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IDD ;Ineaf;€�i'�a�xxaW oalgnd /ueloN 90OZ 10£aunt saj!dxa uoisstwwoo AW 'Joalagl suotlnlosag Sucpuel5 oql lapun aolpo jo"iq;o o4poglne xq suopelodioo oql;o Augaq uo luauttulsui Pres aqI palnoaxa ags/ag Iggl Pug `.sluas almodioo flans an luau=sut Pres agl of POxUP Sim agl le'x11 `.suoilelodloo pies 3a sleas 010SAS "ags/ag imp `.luounulstti aAogg atll polnoaxa goigm pun ui paguosap suO9mOdlo3 agl `AUVdI oa A,L'IVI15V0 NOIf) MPMVA Pal ANVdI OJ A.L3HaS (INV )UIIVtlSVJ SHRrIZAV JL 'V:)IHMKV SIO AKVd Koa AsXHnS QXV A L TVIISVD SHZ'IdAyH.L JO;uap!sa xd aa!A xtt!uaS st alls/oq Iglu :des put,asodap pip `tuoms f.InP au Xq guioq`ogM`uelou3l aut oI MOSd gOH,L 'M 39HOdg atuga 6lleuomod aur aloM Coot `h=gO4;o keP tDOI situ uO uosdwoyl'M 96Jo90 ar 'NNO� � 7f "na-40 ANY A1���$ .. AI1YdROD AlgyflSVJ NOIDNMWV,4 P103MH ssf ANydWoj AIMS GKV A,L'I't1SY3 SSHWIRAVIll .T1l.OLLOgi�ilioo do�.LVIS` V.a.iaawv go AKV&KOD AIRIMS QIP+'A,I,'IVflsva suallRA`dH.L �OOZ faatugo j jo App tpol sigl poxl„IIe olalaq aq al sleas alelodlaa liagl Pug;uap!saxd aa!A xa!uaS liagl fiq pouft oq of luatut mu! Sidi pasneo aAgq AN d NO:) A,L'IVfISVj I�IOy`?i� WldV3 Pug AgVd]KOJ ALdHRS (INV AL'TVIISVa WTUAVILL `V.JWHWV d0 AKVd KOC AIRRaS aKV AlrIVIISVJ SHd'IdAVHI `903H HM SSAMUM KI Mravelers �Va� IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Fisk 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 Ensurer 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. Ce 17 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on November 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILK.EMA, GREENBERG, GLOVER and DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/669 SUBJECT: Approve the Drainage Improvement Agreement DA 0025(cross reference Sub 8507) for Windemere Water Quality Ponds 7 & 8, being developed by Windemere BLC Land Company, L.L.C., San Raman(Dougherty Valley) area. (District III) The fallowing document was presented for Board approval this date for Windemere Water Quality Ponds 7 &8,drainage acceptance Ole DA 0025(crass reference Sub 8507),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 9 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(ES) shown. Contact: Teri Rie(313-2363) 1C8PP G,\GrpDaa\SngSvc\Ba,20031,i-4-63\DA 25 50-20,doe November y,,,„ �yti/r cc: Pubic harks- T.Sell,Construction ATTESTED: IJC 00 T-August 7,2004 may' "�serv. JOHN SWEETEN, Clerk of the Board of Supervisors and County Windemere BLC Land Company,L.L.C. Administrator Bran Olin 31.30 Crow Canyon Place,#310 San Ramon,CA 44583 s f✓ Travelers Casualty&Surety Company of America Nanette 4tariella-Mayers B " De ut 4325 Sky Park Court,Ste.220 ,•y: — l� y San Diego,CA 92123 ] • I's RESOLUTION NO.2003/.669 SUBJECT: Approve the Drainage Improvement Agreement DA 0025(cross reference Sub 8507) for Windemere Water Quality Ponds 7 & 8, being developed by Windemere BLC Land Company, L.L.C., San Ramon(Dougherty Valley) area. (District III) DATE: November 4, 2003 PAGE: 2 I. Cash Bond Performance Amount: $6,570.00 Auditor's Deposit Permit No. DP410840 Date: August 26, 2003 Submitted by: Windemere BLC Land Company, L.L.C. Taxpayer identification number: 94-329-15-16 11 Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number and Date: 104125089 August 13, 2003 Performance Amount: $650,430.00 Labor&Materials Amount: $328,500.00 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 2003/669 DRAINAGE IMPROVEMENT AGREEMENT Subdivision: DA 0025 (Cross-Reference SUIS$507) Effective Date: C Completion Period: 1 year Developer: Windemere BLC Land Company L.L.C. WINDBMERE BLC LAND COMPANY LLC, A California limited liability Company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:LEN-OBS Windemere,LLC, A Delaware limited liability company Managing Member CONTRA COSTA COUNTS' DEVELOPER BY:Lennar Hames of California,Inc,, Maurice M.Shiu,Public Works Director Managing Member t H hi �� i 4�� h�s ,� (signature) �' By: (print name&Title) Larson,Vice President RECOMMENDED F 4 ROVAL (signature By: (prim name&)itlt) Ly Joch insAss. SecrIesta ry Engineering e ces Division FORM APPROVED: 'Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures trust 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"C un ,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPRCiVEMENTS.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 mariner, 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 provide as security to the County: A. For Performance and Guarantee: $ 6,570.00 cash,plus additional security,in the amount of$ 650,430.00 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$ 328,500.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash;certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,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 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. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County and its special district, elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability,are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the 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. S. 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. 14. 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. RL,:kw C,PWS4\SHARDATA\GrpData\EngSvc\Forms\AG WORDIAG-t7.doc Rev.April 6,2000 ___ ........................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Col OPTIONAL,SECTION County of +_ CAPACITY CLAIMED BY SIGNER tiff On Q f before me, Though statute dots not require the Notary to in DATE NAME,TITLE OF OFF[�> E 'r,'JANE E,NOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeara ..'I'`��`z ti ', k s�._�)&) :, �' �� 0�'t_��_ persons relying on the document. NAME(S) C INDIVIDUAL personally known to me- _ e bas s s€•satts€actet .�to r] CORPORATE OFFICER(S) be the person(s)whose name(s)Wart subscribed to the within instrument and TITLE(S) acknowledged to me that helshalthey executed 0 PARTNER(S) G LIMITED the same in hiMteritheir authorized T,AUSTINcapacity(ies),and that by his/her/their C GENERAL Commis-Ion# 1378739 signature(s)on the instrument the person(s)or C' ATTORNEY-IN-FACT Notary t} z the entity upon behalf of which the person(s) ❑ TRUSTEE(S) ttk�` y ' ubli„ - 'Callflornia ?' acted,executed the instrument. C GUARDIAN/CONSERVATOR Contra Costa County C OTHER: My Com,Sxpire5 C7Ct 7,21J0 = �y hand and offl Lal seal`., SIGNER IS REPRESENTING. a (NAME OF PERSON(S)OR ENTITY(IES)) r� SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be Signe 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 - Si ning party must be either a general partner or be authorized in writing to have the aut ority to sign or an in the partnership, IV. SIGNATURES FOR CORPORATIONS Documents should a signed By two offiters,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 dAn Assistant Secreta TheChief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw GAGrpData\En8Svc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc Rev August 1,2001 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ,�-- TO THE TREASURER: MARTINEZ,CALIFORNIA/ ice' RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrotar's Bulletin 105,) DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT i . j ' : . It _ r LAO 2 i i i ! 'a ✓7( �.i ''e C.�7 ,tom , LY'.L. lL'4..+� 7 1 Com+ i EXPLANATION: TOTAL AL-'C, ez� ''s 6 29 °- f{ ' r /: DEPOSIT $ Deposit consists of the following item COIN and CURRENCY $ ,dJrE2KS,M.C.,ETC. $,.��� ' fl/� ? ✓ '/ BANK DEPOSITS $ /� / FOR AUDITOR-CONTROLLER USE ONLY 1 fi ( 96,Y L 1/9 � —t r f ' r-°`/�/ �. r�+` 7 DEPOSIT BER D � .�:.: r 1 DATE ASSIGNED The amount of money described above is forrrece'p amoun is a proved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged.,n A Signe rr 6i i" , Dote r �y u Signed: Signed: ' Titl C f(t---A OV.� T. 3~2 �� Deputy County Auditor Deputy County Treasurer 0-34 REV.(7-93) �t) s COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER- MARTINEZ,CALIFORNIA RECEIVED FROM FROM ORGANIZATION NUMBER =1 tt t � t (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUN©/ORG. ACCT TASK OPTION ACTIVITY AMOUNT ........ .. ... ... :............ .........:.................................. .......:::....... _ ..........::.::::::. ................ i i 3 1 } i 1 � 1 i } 1 i 1 1 1 f 1 �1 i. f ! ! t ! 1 1 `f f EXPLANATION: TOTAL $ f DEPOSIT ! i Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY .......... DEPOSIT j a J PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is far T surer's receipt of ob ve amount is approved. Receipt of above omount is hereby f ,.deposit into the County Treasury, ac#rnoa le „_ ii � # f y } Signed: Signed: I Tit! Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) d 819800-0800; 61120595, $1.300.00, D60019, Landscape Improvement Cash Bond, Phase III Main Branch Alamo Creek, Windemere BLC LLC, 3230 Crow Canyon Pl #310, San Ramon,CA94583 819800-0800; 61120615, $5,000.00 Flood Control Permit 623-03, Cash Bond, City of Brentwood, 708 Third St., Brentwood, CA 34513 819800-0800; 61120616, $2.700.00 660015, Windemere II Water Quality Pond 6, Cash Performance Bond (civil), Windemere BLC LLC, 3130 Crow Canyon Pl #310, San Ramon,CA94583 . fi , <:;.i~?cxt d ::::7 -Cash f ................................. _ .1.....�.. C.P.-NOW",C y 03649-9665 / 831000: G1120594, $9.900.00, DG0021, Windemere Phase IV Outfall, Drainage Improvement Plan ReviewDeposit, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon,CA94583 0649-9665 / 831000; G1120596, $10,950.00, DG0019, Phase III Main Branch Alamo Creek, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI ##'310, San Ramon,CA94583 0649-9665 / 831000: 61120597, $8.000.00, DG0019, Phase III Main Branch Alamo Creek, Additional Civil Improvement Plan Review (drainage) Deposit Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon,CA94583 0649-9665 / 831000: G1120598,+ $1.000.00,LP98-2054, COA Compliance, Check Deposit- No Improvement, Robert D. Herrenhuhl, 816 Port Chicago Hwy, Bay Point, CA 94565 0649-9665 / 831000: G1120600, $96.900.00, Sub 8571, Major Sub Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1120601,$146,231.00, Sub 8572, Major .bub Inspection Deposit, Hoff man land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: 01120602, $402.23, M53-00, Construction Inspection Deposit, Gene R. Schmidt, Inc. 940 Relieze Station Lane, Lafayette, CA 94549 0649-9665 / 831000: 01120603, $84.38, R52657, Additional Rec. of Survey Checking Fee, job 00213, Bay Area Land Surveying, 1828 Bonita Rd., San Pablo, CA 94806 0649-9665 / 831000: G1120604, $5030.00, R52822, Record of Survey Deposit, job 99-162, Jay L. Harpers, 1539 Fourth St., San Raphael, CA 94901 0649-9665 / 831000: 61120605 $500.00, 852821, Record of Survey Deposit, job 200244, Clyde Miles Construction, 2201 Harbor ST. #E, Pittsburg, CA 94565 0649-3665 / 831000: 61120606, $500.00, RS2820, Record of Survey Deposit, job 03172.03250, DeSolt Civil Engineering, 811 San Ramon Valley Blvd, Danville, CA 94526 0649-9665 / 831000: 61120607, $5,486.00, MS98-1, Improvement Plan Check Deposit, David & Denise Fisher, 4050 Stone Valley teaks Dr., Alamo, CA 94507 0649-9665 / 831000: G1120608, $33,020.00, RA1128, toad Acceptance Inspection Deposit, Hoffman land Development, Co, 1380 Galaxy Way, Concord, CA 94520 0649-9665 / 831000: G1120611, $50,000.00, Sub 8638, Inspection Fee Deposit, Shapell Industries of No Cal, 100 N. Milpitas, Blvd, Milpitas, CA 95035 0649-9665 / 831000: 61120612, $15.000.00,DA0027, Plan Review, Shopell Industries of No Cal, 104 N. Milpitas, Blvd, Milpitas, CA 95035 0649-9665 / 831000: 61120613, $500.00, RA1122 (DSRSD Dump), Map Check Shapell Industries of, No Cal, 100 N. Milpitas, Blvd, Milpitas, CA 95035 4649-9665 / 831000: 61120614, $1,400.40, Flood Control Permit 623-43, Cash Deposit, City of Brentwood, 708 Third St., Brentwood, CA 94513 0649-9665 1 831000: 61120617, $15,650.00, 060015, Drainage Improvement Inspection Deposit, Windemere II Water Quality Pond 6, Windemere BLC LLC, 3130 Craw Canyon PI #310, San Rrimon,CA94583 0649-9665 / 831004: 61120619, $33,070.00, DG0025, Drainage Improvement Inspection Deposit, Windemere II Water Quality Pond 748, Windemere BLC LLC, 3130 Craw Canyon Pl #310, San Ramon,CA94533 Development No: , QQ25 (Cro -MSi 9507} Bou,j.- 1041.25089 Premium: $4,553.00 IMPROVEMENT SECMTY BOND FOP,DRAINAGE%1PROVEMENT AGREEMENT (faithful performance& maintenance,ANQ labor=d materials) Windernere 8C` L d C rn 1'J'.C. ,as Principal,and Travelers Casualtv and Surety of America , a corporation organized and existing under the taws of the State of C ng=t^�Lr-11t- and organized and existing under the laws of the State of California,as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faitbful Performance, & MaEixtienance; ai2ir i Fur H nd d D and M100 Dollars (5,� ., 5�(}� �for itself or any city-assignee under the below-cited Drainage Improvement Agreement,plus B. Labor& Materia b: eeH_uDjLwd I&=E' Tho anal ive H ed and 0 Doll=s ($ 2 500. )for the benefit of persons protected under Title 15 §ei seq.of the California Civil Cade. ?• RECITAL+�C. F f,_NTRA.CT: The principal contracted with the County to install and pay for image and other improvements in (%JB 8L01)..__,DA ffi2t , 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 8507 WinAemere Phw 11 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of mailitl rtance continues for the one-year period; and if principal fully pays the contractors,subcontractors, v,nd persons renting equipment or fiurnishing labor or materials to there for said work and improvement,and protects tabs premises from claims of such liens,there this obligation as to Section 3-(B)above shall become rnui and voie, otherwise this obligation remains in full force and effect. No ri;eratior'o said contract or any plans or specifications of said work agreed to by the Principal and the ^ounry shall relieve any surety from liability on this band, and consent is hereby given to make such z'.� ra*icn -without further notice To or consent by Surety, and the Surety hereby waives the provision of C41ifbraia 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, Surely will pay reasonable attorney fees fixed by court to he taxed as casts and included in the judgement. 3. CONDITIC3Y: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs,executors,administrators, successors or assigns, shall in all things stand to and abide by,and well and truly peep and perform the covenants,conditions and provisions its 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 indemrsify and save harmless the County of Centra. Costa (or city assignee), its officers,agents and employees,as therein stipulated,then this obligation shall become null and void,otherwise ii shall be and remain in full force and effect. As part of the obligation secured herby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorneys 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(8) above is such that said Principal and.the undersigned as corporatc surcty arc held f=ly bound unto die County of Contra Costar and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any band,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 bond, 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 expitssly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by The Principal and the County shall relieve any Surety from liability on this band; 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 hound without regard to and independently of any action against Principal whenever taken. � ' ' SEALED on A t 13, 2003 PWemere BLC Lancet C LC Travelers Casualty and Sacety CIP Y B t Lersriar Inc., SURETY s ! C of Ame i.ca By P o ee y Nanette Mariella-M ers, orneAddress brow Mac3 Address 2 u Suite 281n-Fact San Ramon, CA 9:4583 Says Diego, CA 92123 zv. Ckfry1}aretiEe�wt3�w9a.t8:�wuRD�B�-s0ac�c ltv, AULUA 13,-_W3 _.._..................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................... ......... ...................................................................................................................... _...... _....... .......... _....... .......... ......... ......... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Qran e On August 14, 2003 before me, Gordon J. Peterson, personally appeared Lawrence H. Thompson, personally known to me to be the person whose nameis subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. GORDON J.PETERSON Witness m and and official seal, cornmissi°n#'33538° Notary Public-California i '`_ Grange County f' L My co?rn.Expims C> 1 T,2E3C25 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, aESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 104125089 Number of Pages: Two 2 Gate of Document: August 13, 2003_ Signers (other than those named above): Nanette Mariella-Myers CALIFORNIA ALL-PURPOSE AI iOWLEDGMENT No.5907 State of California County of Orange On 8{13/03 before me, Jane Kepner,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Nanette Mariella-Myers , NAME(S)OF SIGNER(S) ® personably known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon ,� JANE KEPNE� behalf of which the person(s) acted, executed the instrument. Nk COMM.#1317519 NOTARY PUBLIC r CALIFORMEA N ORANGE COUNTY Q. Comm.Exp.AUG, 11;2005 WITNESS my hand and official seal. ✓ SIGNATURE OF N TARP OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED GENERAL '} ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ® OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7184 TRAVELEI ASUALTY AND SURETY COMPANY OF A' 'ICA TRA,,t LERS CASUALTY AND SURETY COMPANY FAR IINGTON 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 Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: James A. Schaller, Jeri Apodaca, Linda Enright, Mitre Parizino, Nanette Macriella- .Myers, Rhonda C. Abel, Stanley C. Lynn, Patricia H. Brebner, Alexis H. Bryan, Leigh McDonough, of Irvine, California, their true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is trade under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorueys-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,recognizarices,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and seated by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of.Directors of TRAVELERS CASUALTY ANIS SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-m-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fatcsirnile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11.00 standard) pu0s `A,113jPJjoss Iuv4s!ssv UOsUv♦Or -w poyl it $ +� u 'NNOS ; HDO rr 6 L S 6 i ce r 'tlUOf1H4'Ft „ R8 00Z ,lo ssp snp Para *inO4Ol9uuo3,Io DIMS `P-TOJMH JO 1{40 aql ut`SusdwoD Oip 10 aotgO OlUGH M Ig POIMS Pup PaugiS 'aaxo;ut M.ou axs`f4poxpnV Jo ait;agilsa3 aip ui tilxo3 las stv sxoloaxtd jo spxsog alll 3o suopniosali 8utp=S alp IMI `axouuagUT pus `'pa'ionax uaaq IOU ssti PUB ooxo3 tin3 ut summoi ,ilrxoglnV Io aIEaI,MOD pus Aauxol V Io x iOd PagOMB Pte' SUIGSaxoJ atil ILII AMX93 XfId2IHH OU `IMUDauuOD}o aMS atil jo suogmodxoa Awls`AMVdI O3 )L.L'fVt1SVJ MOZJNIURiVA Pug ANVJWOJ A.LMIS(INV A.L'IVRSV0 SHMAVRI `VaMaIAIV AO AMVdI 03 A.LMIS (INV Xl'IVlIS'VD SII'a'IdAVHL Io QcjaxaaS ;ugleissV ipau2isjopun alp. `I �.I,`d�I3Is2i�� ;lnesilal.0 BIJBW oilgnd AMON 9002 `0£sunt sejidxe uo;sstwwoo Airy Ir.ymW ;oaxatil suatlniosa- d gulp=S alit iopun aatjo iati/sili;o f4uotilns Sq suorlsxodxoa alll Io listing ua luaumxlsut Pres atiI painoaxa atislati ILII Pug `•si alwodxoo tions axe luouznxlsut PIES Dip 0l PaX� SIM atil Imp `.suotisxodxoo pees Io SIM 0ti3 smou31 ags/*q imp `jUOU lulsut oAogs atil palrMxo tiaitini pus ut pogposap suotlexodxoo Oxp `AKVdNi0O AI'IVRSVD NOJ.JZ`W�MVd Pug ANVdSAtOJ AZaUllS (INS' AJ.'IVaSVD S?Ia'IaAVRl `VjlHaTi4 V P AO AMVdL OD XIaRfIS(INV hs'IVIISfi D SUTIIA�'tIZ o luaPisa id aacA.ioiva5 st s/aIi Ielii :�Css plrs asoPip`tuoms .kInp ow kq Supaq`otiM`uMOu!i auz aI NOSdIhIOH,L 'M�J2I0�0 alum diisuosxad aui axo3a�i OOZ ` xg ga33o Sssll IIi0i stlil u4 luep#SGJd DOIA JOIUs$ r • R,� uosdwoyl 'M 06-1000 'NNO3 INS y�ty8_6I ss Y 'tldo�tatvt+ Q?IO.T.I.?I'dfi d0 A,LiiilO7 ANddNiOD AlIVIISVa 14010MUM3 I)SO I rYSl ANVdb1IOJ A.LRIRS aNb AjjvaSV3 S?I�MAM U-13 LOgNMOD dO AI VIS Valan iy dO ANVd of A,LI WnS(INV AJ lVaSVa SZITIRAVILL £OOZ fzelugo jjo,(sp gjOI sigl paxljje olaxaq oq of spas olsxodxoo xi0q,pus Iuaplsa.Ia aatA aoluaS xiogl ftq pouSts oq of luowtulsut SIM Pasnso OAsti ANVcEK03 AJ.'IVIISd3 NO.LJNIwHVJ Pus ANWIN03 A13HRS (INS' AI'IVIISVJ SH3'IJAVHL `VJI H3NV 90 ANVaIAiOD AIMIS (INV AlrlVrISVJ SH3'IHAV H `AO3HaHAA SSdN"M M Travelers �4 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Can November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government Will pay a share of such losses. Specifically, the Federal Government will pay 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 $100,00+0,000,000.00, 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 band 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. Lr. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on November 4, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER NOES: NOME ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/670 SUBJECT: Approval of the Subdivision Agreement for Development Plan 3057-02, Branch Creep Vista, being developed by Fairfield. San Ramon South, L.L.C., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: 1. Subdivision Agreement A subdivision agreement with.Fairfield San Ramon South,L.L.C.,principal,whereby said principal agrees to complete all improvements for Branch Creek Vista as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Band Performance amount, $22,050.00 Auditor's Deposit Permit No. 411278 Date: September 4, 2003 Submitted by: Fairfield San Ramon.South, L.L.C. Tax ID Number: 33-0778277 B. Surety Band Bond Company: Insurance Company of the West Bond Number: 2084788 Date: August 27, 2003 Performance Amount: $2,182,850.00 Labor c4+r Materials Amount: 1,102,450.00 Principal: Fairfield San Ramon South, L.L.C. Originator:Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Ter:Ric(313-2363) taken and entered on the minutes of the Board of Supervisors 3C:gpp G:\GrpData',EngSvc\B07 2003\i 1-04-03\01?3057-02 BO-2l.doc on the date shown. cc: Public Works—T.Bell,Construction 3,Gray,Eng Serv. Current Planning,Community Development T—July 7,2004 ATTESTED: November 4 2003 Fairfield San Ramon South,L.L.C. Clarke McDaniel JOHN SWEETEN, Clerk of the Board of Supervisors and 5510 Morehouse Drive,suite 200 County Administrator San Diego,CA 92121 Insurance Company of the West Michael H,Prapels f 11445 El Camino Real �* d San Diego,CA 92186 By ',.'r r�•' i _,Deputy /I RESOLUTION NO.20031 70 SUBJECT: Approval of the Subdivision Agreement for Development Plan 3457µ02, Branch Creep Vista, being developed by Fairfield San Ranson South, L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: November 4, 2003 PAGE: 2 NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said subdivision agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION 2003/670 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: DP 02-3057 Branch Creek Vista4zet42= Principal: Fairfield San Ramon South L.L.C. Effective Date: f� {'��t�� Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA CtUNTY PRINCIPAL Maurice M. Shiu,Public Works Director Fairfield San Ramon North LLC I *1 By: i is ur.) Patrick J.Gavin,Vice President RECOMMENDED FOR APPROVAL .tA,,_ By: (Signatnra) Engineering Servicesivi on JA.Hribar,,CFO/Secretary FORM APPROVED: Victor J.Westman,County Counsel (NOTE: A s' tares to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PAR'T'IES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required by the Conditions of Approval for this development and generally as shown on the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall,pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 22.050A0 cash,plus additional security,in the amount:$ 2.182,850.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$ 1.102,450,00 ,which is fifty percent(50°/a)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request ofPrincipal,the amount held as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6."Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes may be necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special districts,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless ofwhether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 4. COSTS: Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter, of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally.The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County farces,including contractors,as may be necessary to ensure complete construction and/or maintenance. RL:JD:ladfcw G:\GrpDatatEngSvc\Fontas\AG WOMAG-30.4oc Rev.October 23;2002 ............................................................................................................................................................................................................................................................................................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Ar # OPTIONAL SECTION County of _ J / r- CAPACITY CLAIMED BY SIGNER On CI 7'7. before me, ,+4�r n � NAME„TITLE of OFFICER E.G.,^]A DOE,NOTARY PUBLIC" Though statute does not require the Notary to fill in y— the data below,doing so may prove invaluable to persons relying on the document, personally appeared -Z 4,x41146 4/ /24Z /4 NAME(S)OF SIGNER(S) INDIVIDUAL personally known to me- to CORPORATE OFFICERS) be the person(Lwhose nameW iaiare subscribed to the within instrument and TrrLE{s; CATHS=M=ARtEKSEN acknowledgedto me that I /they executed PARTNERS) LIMITED Co17 the same in hi&hea/their authorized NO+W+Pt43k_CC311fo t ki capacity(W,and that by 4rio4*Wtheir GENERAL signature(j)on the instrument the person()or ATTORNEY-IN-FACT SCI to Ct3Litity the entity upon behalf of which the person(Ss) TRUSTEE(S) MyC.0rnM.EXPke5tva1a20D4 acted,executed the instrument. GUARDIAN/CONSERVATOR OTHER: WITNESS my hand and official seal SIGNER IS REPRESENTING: - � f NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE F NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document lLprJii �.� s. 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 /l,1/},.y r 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. Il. 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 - Siping party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV, SIGNATURES FOR CORPORATIONS Documents should a signed y two officers,one from each of the following two groups: GROUP 1. (a}The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.,, 1C:mw G\G Dat 1 S`o\Forrna\WORD FORMS\ALL PURPOSE NOTARY.doc .. ._ Imo', DEPOSIT PERMIT �L7-r" J 2 OFFICE OF COUNTY AUDITOR-CONTROLLERTO THE TREASURER; MARTINEZ,CALIFORNIA �� C RECEIVED FROM ta+ ) ORGANIZATION NUMBER (for Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. ACCT. TASK OPTION ACTIVITY AMOUNT 15, Pr, I f IVA4 � ° " t f 16661 _J_ IV I i I I I I I I EX LANATION: TOTAL $ h' tJ../r � ✓ - t l f 4G' `✓ f DEPOSIT f).`.3 9f f 7 r Deposit consists of the following itq7f COIN and CURRENCY $ CHECKS,KO.,ETC. BANK DEPOSITS $r �/ FOR AUDITOR-CONTROLLER USE ONLY 4"C ri t C t ` j.`7/3. " 1 r"t' r /yt r j"J DEPOSIT �" ,Ss f`f .-' /[�rG &/9 .2 3 2572 PERMIT ' &I q l f� 4,4 ,P3.214 6s. /W/7 NUMBER JI-19 172 41Y � t t ''i7 12 5S 1- DATE 112? � ASSIGNED The amount of money described above is for T surer's receipt of above amount is approved. Receipt of above amount Whereby deosii into the County Treasury. acknowledged. `� �: Signed: Title _ b L�° EXT. J � �� 7 7 Deputy County Auditor Deputy County ireosur�r D-34 REV.(7-93) 1 i COUNTY Of CONTRA COSTA DEPOSIT PERMIT OFFICE Of COUNTY AUDITOR-CONTROLLER MARTINEZ TO TIE TREASURER: MARTING RECEIVED FROM ,,/ ORGANIZATION NUMBER 7'9th (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT TASK TION ACTIVITY AMOUNT - �. .SDS -T- 45c� . - �- c - fI L LA /J ` � l f } + t d'j ExPLANATit7N: ,y / _ aft 1 7 �f 1 t " I` TOTAL f 4 512'rte /_ `r DEPOSIT Deposit consists of the following iterns COIN and CURRENCY $ CHECKS,M Q,ETC. $ BANK DEPOSITS $. FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT ` f PERMIT DP f NUMBER 1 BATE t ' 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. Sigril"ix q Date U ��i Signed: Sigrid: TiNe: EXT. Deputy County Auditor Deputy County Treasurer D-34 REV(7-93) q I q COUNTY OF CONTRA COSTA DEPOSIT PERMIT ; OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER MARTINET,CALIFORNIA RECEIVED FROM p ORGANIZATION NiOMBEft (For Cash Collection Procedures see county Administrotoes Bulletin 105.) DESCRIPTION FUND/ORG QCT` TASK OPTION ACTIVITY AMOUNT $ # i # i # # # # # # # i # { # _ E # I # # # t # # EXPLANATION: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DIS NUMBER DATE ASSIGNED The amount of money described above is fru Treasurer's receipt of above amount is appmmd Receipt of obave amount is hereby deposit into the County�Tre(ts ury.. acknowledged. . Y Date x . � Signed: Signed; T z t -A VLEX[ - `# Deputy County Auditor Deputy County Treasurer Dw34 REV.(7 93) ," 819800-0800: G1120639, $70,000.00, NR95-0020 Cash Bond, Clyde Figone, 39 Creek View Circle, Larkspur, CA 94939 819,800-0800: 61120641, $22.OW.030,�i 72-3057 Cash Performance Bond, Eairf field € Ramon South LLC, 5510 Morehouse Drives Suite 200, San 0,iego,CA;91212 819800-0800: G1120645, $1,250. Sub 8570, Performance Cash Bond, Hoffmann Land Development Co., 1380 Galaxy 'Way, Concord, CA 94520 819800.0800: 01120646, $3,708.00 '5ub 7647, Cash Band, Pickett Development Company, Inc. 2703 Ridgeview Lane, Walnut Creek, CA 94598 0649-9665 I 831000: G1120640,$5 00000.00,-_"NR 950020, Inspection Deposit, Clyde Figone, 39 Creek View Circle, Larkspur, CA 94939 0649-9665 / 831000: 01120641, $102,700.00,XOP02-3057, Development Plan Improvement Inspection Deposit, Fairfield San Ramon South LLC, 5510 Morehouse Drive, Suite 200, San Diego, CA 91212 0649-9665 / 831000: G1120642, $43762.00, DP03-30134, Civil Improvement Plan Review-Development Permit Deposit, Fairfield Creekview LP, 551.0 Morehouse Dr, Suite 200, San Diego, CA 92121 0649-9665 / 831000: G1120643, $500.00,"/R5 2826 Record of Survey Deposit, ,job 1008-20, CBG, 2603 Camino Ramon, #100, San Ramon, CA 94583 0649-9665 / 831004: G1120644, $500.00,RS 2825 Record of Survey Deposit, job 2823, Elizabeth & David Nicks, 35 Pinewood, Ct. Walnut Creek, CA 94596 0649-9665 / 831000:G1120647, SD 7647, Pickett Development Company, Inc. 27033 Ridgeview Lane, Walnut Creek, CA 94598 $M186.00, Inspection Deposit $2,066.38, Map Check Deposit $2..545.21, Improvement Plan Check Z' $1,680.45., Application Review Payment , o 0648-9140 1812100; G1121231, $44,465.00, BW DA105 Sub Reg, City of Brentwood, 708 Third St. Brentwood, CA 94510 Subdivision: DP 02-3457 Branch Creek Vista Bond No.: 2084788 Premium $13.907 IMPROVEMENT SEcuRiTy BOND FOR SumiviSIt7N AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 -66499.14) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to in tall and pay for street, drainage and other improvements in Subdivision DP 02-3457 4ef-1-9-c ;as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: Fairfield San Ramon South LLC as principal and insurance Company of the west , a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee Two Million One Hundred Eigh Two Thousand Eight Hundred Fifty and 40/144 Dollars ($ 2.182,850.40 )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: One Million One Hundred Two Thousand Four Hundred Fifty and 00/100 Dollars ($ 1.102.450.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that ifthe above bonded principal, or principal's heirs,executors, administrators, successors or assigns,shall in all things stand to and abide by and well and truly beep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorneys fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.8.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond,will pay, in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without fizrther notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on August 27, 2003 PRINCIPAL: Fairfield San Ramon South LLC SURETY: Insurance Company of the West Address: 5510 Morehouse Dr Suite 200 Address: 11455 El Camino Deal City: San D' Zip: 92126 City: San Diego, CA Z' ' 92186186-5,563 � K By; By: _ . Print Name: Patrick J. Gavin Print Name. Michael H. Pradel.s Title: Vice President Title: Attomey-in-Fact Print Name: s A. Hribar Title: CFO/Secretary Mmwlap G:%GrpData\En$Svc\FomsstBN WORDIBN-12.doc ...._.................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Stateof California OPTIONAL SECTION County of San Diego CAPACITY CLAIMED BY SIGNER On Aug. 27.2041re me, Barbara Watson Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC' the data below,doing so may prove invaluable to personally appeared Michael 11. Pradels} Attorney—in—Fact persons relying on the document. NA_ME(s)OF SIGNER(S) INDIVIDUAL personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICERS) be the person()whose name( is/fe subscribed to the within instrument and TITLE(s) n.e owledged to me that he xecuted BARBARA WATS�ON th same in his/I�r authorized PARTNER(S) LIMITED CammiaaW##3590 c city(*A,and that by his/beXSX K GENERAL XX Nota Public-camomle si TRUSTEE (S) on the instrument the person4s)or RUSTEATTORE'Y-IN-FACT Z " th tity upon behalf of which the person(-4TS) San Dia County a d executed the instrument. GUARDIAN/CONSERVATOR My Comm.ExpJ!,mAr�E9tlQ" ..___ �` OTHER: ' 1 SIGNER IS REPRESENTING: {NAME OF PERSONS)OR ENTITY(MS)l ONATURE OF NOTARY W Insurance Company of the West OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bin3 ffie partnership. IV. SIGNATURES FOR.CORPORATIONS Documents should e signed y two RE ers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board ((b))The President c Any Vice-President GROUP 2. a The Secretary lb 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 O. Datau sy`Fomu\WORDFORMSIALLPURPOSENOTARY.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of L.'+91i` OPTIONAL SECTION County of l4 CAPACITY CLAIMED BY SIGNER On 44-M jj ' before me,L.�4r>caZ/-T t/l �„� , l�} i/�1 Though statute does not require the Notary to fill in ATE ,+ /+NAME,TITLE OF OFFICER E.G.,'JANE DOE, NOTARY-PUBLIC' the data below,doing so may prove invaluable to personally a k •� c '.irtflJ + � .`r6' , 1 persons relying on the document. p y ppeared I�! l' NAME(S)OF SIGNER(S) INDIVIDUAL, ./personally known to me-OR CORPORATE OFFICER(S) be the personal whose nameW Ware TITLES) CATHERINE subscribed to the within instrument and acknowledged to me that they executed PARTNER(S) LIMITED Commhsk)n#l2&W17 the same in 1?4gion their authorized GENERAL Lli "City�-Calf eapaci ,and that btheir wsignatut ee y. l son DkW on the instrument the persons)or ATTORNEY-IN-FACT CM* the entity upon behalf of which the person(s� TRUSTEE(S) *C0TMEWVkWMCr1&2W4 acted,executed the instrument. GUARDIAN/CONSERVATOR 4 OTHER: WIT/NESS my hand and official se4, SIGNER IS REPRESENTING: {NAME OF PERSON(S)OR ENTITY(TES)) SIGNATLOF NOTARY " OPTIONAL SEC'T'ION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document ' TO THE DOCUMENT AT RIGHT. Number of Pages 1 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_dl� 1a✓ #[ '/_�r 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 - Si ng party must be either a general partner or be authorized in writing to have e authority to sign or an m— t e partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. �a�The Chair of the Board bThhePresident cAny Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,Will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:MW G 1ata Bn vc\Fonm\WORD FORMSIALL PURPOSE NOTARY.doc �— No. ON 1404 ICW GROUP Power of Attorney s Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company k KNOW ALL i EX BY THESE PRESENTS: That Insurance Company of the Nest,a Corporation dirty organized tender the laws of the State of California,The Explorer Insurance Company,a Corporation duly organized minder the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation duly organized under the laws ofthe State ofTexas(collectively referred to as the"Companies"),do hereby appoint THOMAS A.JAMES,MICHAEL H.PRADELS,DEA N19 BORSEPiBERGER,GARP T.PETERSON their true and lawful Attomey(s).in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bands,undertakings, and other similar contracts of suretyship and any related documents. IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2thli. ee.tttsurx� r' tfti#� r INSURANCE CE3�ltiIPA tY OF THE WEST ; asox r�'t'drg�a?a t ,y � THE EXPLORER INSURANCE COMPANY i s i$ QL )n k INDEPENDENCE i''ENDENCECASUALTYANDStRETYCOMPAY John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President State of California County of San%Diego On January 16,2001,before ane,Norma Porter,Notary Public,personally appeared John L.Planmum and John H.Craig,personally known to me to be the persons whose names arc 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 m9trunimt tic entity upon behalf of which the persons acted,executed the instrument., s Witness my hand and official seal. r •- t CCs,I P�1 #125 � NOTARY Nift:s;.GaO'dttkta Gct�imEg�a�rt© t�+reR falWt�C3 f 19,2' Norma Porter,Notary Public RESOLUTIONS This Power of Atwmey is granted and is signed,sealed and notarized with facsimile signatures and seals ander authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Trice President of the Company,together with the Secretary or any Assistant Secretary,are hereby authorized to execute Powers ofAttorney appointing the person(s)mined as Attc ey(s)-in-Fact to date,execute,sign, seal;and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED Fl7RTMR: That the signatures-of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representatioris of these signatures,and the signature and seal of any notary,and the seal ofthe Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photoctrpying," CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance company,and Independence Casuallty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full.force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors ofthe Companies and are now in frill force. IN WITNESS WHEREOF,I have set my hand this 27th ,day of August 2003 03 John H.Craig,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-804-877-1111 and ask for the Surety Division. Please refer to the Pourer ol'Attumey Number, the above natned individual(s)and details of the bond to which the power is attached. For information or filing claims please contact Surety Claims,ICW Group, 11455 El Camillo Ileal,Sacs Diego,CA 92134-2045 or call(859)350-2400. I.C.W. GROUP Insurance Company of The West The Explorer Insurance Company Independence Casualty and Surety Company 11455 El Canino Real, San Diego.CA 92130-2043 P.O.BOX 85563,San Diego.CA.92186-5553 (858)350-2400 FAX(858)350-27017 wwmicwgroupxom .Bond Number: 2084788 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Disk insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism under the Act is One Dollar(51_.00). Important Notice: The cost of terrorism coverage is subject to change on any bond haat premium is charged annually. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2003 by the following vote: AYES: GIOIA, UILKEMA, GREENBERG, GLOVER and DESAUNTIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2003/671 SUBJECT: Approve of the Second Extension of Road Improvement Agreement along Road Acceptance 1110 (cross reference Sub 8023) Brentwood area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Road Improvement Agreement between Hofmann Land Development Company and the County for construction of certain improvements in Road Acceptance 1110 (cross reference Sub 8023),Brentwood area, through August 14, 2004. ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100% r REASON FOR EXTENSION: Correction of outstanding deficiencies. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. JL.SPp T hereby certify that this is a true and correct copy of an G:\GpData\EngSvc\B0\2003\i 1-04-03\RA 1110 BO-11-4-03.doe action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date Shown. Contact: Rich L.ierly(313-2.348) cc: Public Warks—T.Bell,Construction ATTESTED: Novenber 4 2003 -J.Gray,Engineering services JOHN SWEETEN, Clerk of the Board of Supervisors Current Planning,Community Development T-June 14,2004 and County Administrator Hofmann Land Development Company 1380 Galaxy Way,Concord,CA 94522 The American Insurance Company 717 San Marin Drive,Novato,CA 94946 B2,.Drputy y.,. RESOLUTION NO.2003/ 671 CONTRA COSTA COUNTY ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: Road Acceptance 1110 Developer: Hofmann Land Development Co. Original Agreement Date: August 14,2001 Second Extension New Termination Date: August 14,2004 Improvement Security Surety: American Insurance Company Bond No. (Date): 11141714052 (July 24,2001) Security Type Security Amount Cash: $2,800.00(1% cash,$1,000 Min.) Bond: $281,300.00(Performance) $ 142,050.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: l i Dated:4 Ltl 4 l ,r� FOR CONTRA COSTA COL Maurice M. Shiu,Public Worksirec or Developer's Signature(s) Printed l2EEC" VIMEN''DED VALE Address Ike �..,_� gineering S ces ivision) Surety or Financial Institution A-440 f Addr (NOTE: Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Attorne in Facts t Signa`t�urie"� i ,j/ Y y.j/� FOMAPPROVED:Victor J.Wtaaxwi,C—ty Co-3 Vinay 1 f u 1 Figuei edo Printed Resident Assistant Secretary After Approval Return to Clerk ofthe Board �^ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofOPTIONAL SECTION County of , 'r-. CAPACITY CLAIMED BY SIGNER OnI., before me,� ! .d ire Though statute does not require the Notary to rll DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to personally appeared a "­y. S'>�`,wc persons retying on the document. ��r peNAME(S)OFSIGNER(s) ❑ [3 INDIVIDUAL ❑Jf� rsonally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ORATE O FICER(S} t be the person*whose name('A is/tA subscribed ' T � TiTLE(s) to the within instrument and acknowledged to me that he/5 /tl*executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED PANT€� hls/I (tl}�r authorized capacity(l�,and that by ❑ ❑ GENERAL D. his/hjs�/th�r signature(40 on the instrument the ❑ ATTORNEY-IN-FACT j� NOTARY P � 1296585 iA persons or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) vl �C3Aon Contra Coals c anty fA Yom!personKacted,executed the instrument. ❑ Cl GUARDIAN/CONSERVATOR Centrs Csata C�atg My C-m.Expires March 9,2005"+ D ❑ OTHER: ESS my hand and q�ficial seal, SIGNER IS REPRESENTING: - - SIGNATURE OF NOTARY f (NAME OF PERSON(S)OR ENTITY(IES) ELI acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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. L FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. �a�The Chair of the Board bThePresident cAny 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 ofthe Board of Directors authorizing the person siggnning 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." _. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On is /4 , before me, r) V;t pa18 Name and Tide of officer(e.g.,"Jane floe,Notary Public") personally appeared l i r°.::s f 4 i _ -tae z-Y``` -tom Name(s)of Sigj-) s) rsonally known to me 0 proved to me on the basis of satisfactory evidence to be the persono whose name(,} is/a subscribed to the within instrument and acknowledged to me that /she/toy executed the same in h4&her/theft authorized capacity(ies), and that by hA/her/thAr signature(O on the instrument the person(o,or r KRISTIN A.Gazzol_I the entity upon behalf of which the person(s) NOTARY I"ALaa acted, executed the instrument. NOTARY f'tiBJG-CAi.t;`ORNfA i! MARtN OOUNn O MY COMm.ExpiresAprila,2004 WITNESS my,hand and official seal. W- ^. Place Notary weal Above - Signature of Ytat' c e r OPTIONAL Though the information below is not rewired by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached document Title or Type of document: it f >s Document Date: o ages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signef Signer's Name: = ❑ Individual Top of fhumb here • Corporate Officer the{s): ❑ Partner---El Li ed C]General C3 Attorney in F t © Trustee C Gtj or Conservator a Othe Sig r Is Representing: r'/ d FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY - AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That FIREMA "S FUND INSURANCE COMPANY, a Catifornia cozporation, NA ON SURETY CORPORATION,an Illinois corporation,TUE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Cindy Thun Fiqueirede of Novato, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duty attested by the Compa-cues'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in fulll force and effect- This ffectThis power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 02 day of Noy-ember 2001 FIREMAN'S FUND INSURANCE MPANY NATIONAL SURE"I Y CO RATION f 6 E A L;s I THE AMERICAN INSURAN QMPANY z SEMAIM z f ._ ASSOCIATED INDEMNITY RATION c�„,e " •' � ���' <` �a «<. yep + SCAN MOBIL IDIS COMPAi Y STATE OF CALIFORNIA S. I3y COUNTY OF MARIN vi idem On this 02 day of November , �0 C l ,before me personally e II a-ro 1 d .N_. Marsh to me known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that lie knows the scats of the said Companies,that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WTIN£.SS WHEREOF,I have hereunto set my hand and affixed my official seal,the.day and year herein first above written. t., KRISTIN A GAZZOU O COMM.#126223G � -a NOTARY€�unt.�c-cu.sroc NCA WAIN COtlNTY 0 #try Comm aKgitatS f pili...8064 I N � STATE OF CALIFORNIA I SS. CERTIFICATE _. COUNTY OF MARIN I, the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthccmore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the ' ► day of f t • ;#4CAL �uawao y s i4` ����t "r }'fir' �+y.'• .� .�+l�f �,�- IV '*+:....�• +{�cc e�� #wci i° ° Resident Assistant Scaetu7 CONTRA COSTA COUNTY REQUEST FOR ROAD IMPROVEMENT AGREEMENT EXTENSION Development Number: Road Acceptance 1110 If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in The Agreement,the County may grant you a one-year extension upon your written request.Please realize that you must complete your improvements in an expeditious manner, as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: 44a A-e- A C R �► , , i 1 Please provide your anticipated date of completion: Please provide your construction schedule: E Please provide us with your Federal Tax ID Number: (It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.) Please identify any parcel numbers and owners of lots within the development: Use additional pNages,if necessary) Assessor's Parcel Owner's Property Owner's Phone i Number Name Address Address Number f f U ACTION SY'i"HE BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the fallowing,resolution: RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized opacity as CEO/President, any and all documents related to the purchase and safe of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 3137, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Gated: August 1, 2000 Kenneth'H.Abltlln. Director Albert T. Shaw, DIar feinnon, Director Cft17a5 A71Nl"le leZDI Dennis M. Drew, Director vm iuinr� 4 - Richard L. Greene, Director IIII III Ili 11111111111111111 111 VIII I Illi I III Iil II CONTRA COSTA Co Recorder Office AY STEPHEN L. WEIR, Clerk-Recorder Recorded at the request of: DOC— 2003-0554556-00 Contra Costa County Wednesday, NOV 12, 2003 10:39:05 Board of Supervisors FRE $0.00 Return to: Public Works Department Tt l Pd $0,00 Nbr-0001850995 Engineering Services Division 1 r C/RS/1—,2 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER NOES: NONE ABSENT: DONE ABSTAIN:NONE RESOLUTION NO. 2003/672 SUBJECT: Accepting completion of private improvements for Subdivision 7578, San Ramon area. (District III) The Public Works Director has notified this Board that the private improvements in Subdivision 7578(Ashbourne Drive,Starcross Drive,Wentwood Drive,Lyndhurs Place) have been completed as provided in the Subdivision Agreement with Toll Land XXII Limited Partnership, a California Limited Partnership,heretofore approved by this Board in conjunction with the fling of the Subdivision Map. JD:gpp G:\GrpData\EngSvc\BO\2003\11-4-03\SUB 7578 B0-45.doc Originators Public Works(ES) Contact: Rich Lierly(313-2348) Recording to be completed by COB cc: Public Works Tax T.D.#23-2417123,Accounting J.Dowling,Engineering services hereby certify that this is a tale and Correct Copy of an action taken T.Bell,Construction Div. and entered on the minutes of the Board of Supervisors on the date -M.Valdez,M&T Lab shown. I.Bergeron,Mapping Div. Sheriff-Patrol Div.Commander CHP,c/o Al ATTESTED: NOVOCCNovemberl+ 2003 CSAA-Cartog JOHN SWEETEN,Clerk of the Board of Supervisors and County Toil Land Limited Partnership Administrator A California Limited Partnership(No.CA Div) 100 Park Place,Suite 140 San Ramon,CA 94583 National Fire Insurance Company of Hartford By , Deputy P.O.Box 8286 Philadelphia,PA 19101 Toll Brothers,Inc. 3103 Philmont Avenue Huntingdon Valley,PA 19006 RESOLUTION NO.2003/672 SUBJECT: Accepting completion of private improvements for Subdivision 7578, area. (District III) DATE: November 4, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the private improvements have been COMPLETED as of November 4,2003,thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF SURETY April 20, 1999 National Fire Insurance Company of Hartford BE IT FURTHER RESOLVED the payment(labor and materials)surety for$1,186,400,00, Bond No. 190536764 issued by the above surety be RETAINED for the six month lien guarantee period until May 4, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements have been completed and the roads are NOT ACCEPTED NOR DECLARED as County roads at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Directors is AUTHORIZED to refund the $23,700.00 cash security for performance (Auditor's Deposit Permit No. 324732 dated December 24, 1998)plus interest in accordance with Government Code Section 53079,if appropriate,to Toll Brothers,Inc.pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that there is no warranty period required and the surety (performance)bond is EXONERATED. RESOLUTION 2003/672