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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-069 coor i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 12, 2002, by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLU'T'ION NO. 2002/ 69 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8149,being developed by Windemere BLC Land Company,LLC, San Ramon area{District IlD. The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 8149, property located in the San Ramon area, Supervisorial District TTI, said map having been certified by the proper officials, II. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown:, originator:Public Works(ES) Contact: Teri Ric(313-2363) G:\GrpData\En&sv"0\2002\2-12-02\sus 8149 so-2l.doc WL.lad ATTESTED: February 12. 2002 cc: Public Warks-R.Bruno,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and Current Planning,Corsa wnity Development T—12-12-02 County Administrator Windemere BLC,LLC Atm: Pete Peterson 3130 Crow Canyon Place,#310 San Ramon,CA 94583 By ,Deputy The American Insurance Company y 5 Peters Canyon Road Irvine,CA 92606 RESOLUTION NO.2002/ 69 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8149,being developed by Windemere BLC Land Company,LLC,San Ramon area(District III). DATE: February 12, 2002 PAGE 2 A. Cash Bond Performance amount: 11,700.00 Auditor's Deposit Permit No. 378574 Date: December 11, 2001 Submitted by: Windemere BLC Land Company, LLC Tax ID Number: 94-369-15-16 B. Surety Bond Surety: The American Insurance Company Bond No.: 11133599248 Date: November 30, 2001 Performance Amount: $1,156,300.00 Labor&Materials Amount: $584,000.00 Principal: Windemere BLC Land Company, LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January 2002, is estimated to be $1,837,300.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: The American Insurance Company Bond Number: 11127507207 Date: January 8, 2002 Amount: $4,185,100.00 Principal: Windemere BLC Land Company, LLC NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent.with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/69 a SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: Subd}jisjon8.1421cross-reference SUB 7276 Principal: Effective Date: !'r G Completion Period: 1 year DEVELOPER:WINDEMERE BLC LAND COMPANY LLC THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, C NIRA COSTA COUNTY PRINCIPAL A Delaware limited liability company Maurice M.Shiu,Public Works Director ----- anagmg Member By: n Ho 9 Qf C811f C., g e r By (s ) RECOMMENDED FOR APPROVAL (Print Aar a ) Richard Peterson ce President y By: (sem ) Engineering(orccs Di ion ( num&tkk) Don Larson Chief Financial Officer FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. FAMES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County'and the above-mentioned PrinciRal mutually promise and agree as follows concerning this subdivision: 2. MROVEMENTS. 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 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). 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 SECUI2.I21. 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: $ ____11.700.00 cash,plus additional security,in the amount:$ i.15. .300.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of- Cash, fCash,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 Pa ent: Security in the amount:$ 584.00O.O0.,,which is fifty percent(SO°1o)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check „-,2L,,,_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94.4.408 of the Ordinance Code. 4. 91MAME AND AAMAM QE Wt7RK. 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 road improvements for private roads,which are not to be accepted into the County road system. 5. PST 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. IMPROYjhffM PLAN WAREAM. Principal warrants the improvement plasms 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 necessary to the plans to accomplish the work as promised. 7. NQ WAIVER B '0 jTY. Inspection ofthe 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 ofthe 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. RMEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The judge benefited and protected by this prornise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilifics 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 ofthese 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 agions weirs iability 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 Indenmity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 14. SI RMS. 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. Nt) U- ER`p`=AhM 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,Countymay 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. Principal hereby consents to entry on the subdivision propertyby County and County fotres,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorneys fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INFO r'Ou 17QNIANMA11ON. 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 patty 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. UCC RD(yam. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. vvr,:�a G,V)rp3Mw18n0%1AWa Mr 2M Vwm yMM 9149 A0-30Aw CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of (2 _c If f`r 1 f C-t County of Cl�7 za 5 On Tn ii t,ta tar e2A t^7a before me, rn eke rf n . A OLpt d1s t%, I(, ate Name and Title of Officer(e.g.,"Jane Doe,Notary Public") 1 personally appeared 616 t c,( nu'1rA Vic;V) L c":; ,f) , Names)of Signer(s) ersonaily known to me–OR–D 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 hese/they executed the same in hisflger/their authorized capacity(ies),and that by T, DEBRA A SHERWC�©� r/their signature(s) on the instrument the person(s), comm.#1313582 NOTARY PUBUC-CAUFORNIAQ or the entity upon behalf of which the person(s) acted, CONTRA COSTA COUNTY 0 executed the instrument. COMM.EXP.JULY 1 d.2005"° WITNESS my hand and official seal. 7 Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Chimed by Signer(s) Signer's Name: Signer's Name: Ll Individual ❑ Individual D Corporate Officer ❑ Corporate Officer Title(s): Title(s): El Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Pact ❑ Trustee -+ LlTrustee ❑' Guardian or Conservator ❑ Guardian or Conservator D Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1995 Nattonai Notary Association•8238 Rommat Ave.,P.O,Box 7184•Canoga Park,CA 91309.7184 Prod,No.5907 Reorder,Call Toll-Free 1.840-976-6827 Subdivision: SIM 8149 (cross-reference SUB 7976) Bond No.: 111 3859 9248 Premium: $4,047.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION,AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8149, 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: Windemere BLC Land Company, 'LLC as principal and The American Insurance Company , a corporation organized and existing under the laws of the State of Nebraska 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: One Million,One Hundred Fifty-Six Thousand Three Hundred and no/100 Dollars ($1,156.300.00) for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Five Hundred Eighty-Four Thousand and no/100 Dollars ($ 584,000.00) to secure the claims to which reference is made in Title XV(commencing with Section 3082)ofPart 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.$.) 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 further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on November 30, 2001 WINDEMERE BLC LAND COMPANY, LLC PRINCIPAL: By: Lennar Homes of California_ , Inc. SURETY: THE AMERICAN INSURANCE COMPANY is manager Address: 2 4 g o o—Ch y j-r anta tri ua Address: 5 Peters Canyon City:Mission Viejo ip: 92691 City: Irvin , CA ip: 92606 By: By: &tA,� Print Name: LawrenceFT_ ThtsmriGan Print Name: Patricia Brebner Title: Vice President Title: Attorney-in-Fact WL:lad UAW"arren\2002V&ntmry1SUB 0149 BN-12.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Change On January 18, 2002 before me, Gordon J. Peterson, personally appeared Lawrence H. Thompson, personally known tome to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. C °" Witness m hand and official seal Commissions 13135380 Notary Public,California orange County "'` -"`�-• MyC+amm.6gaims Doc 17,2008 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., for Windemere BLC Land Company LLC DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Bond No. 111 3359 9248 Number of Pages: One (1) Date of Document: November 30. 2001 , Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907 State of California County of Orange On November 30, 2001 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia Brebner , NAME(S)OF SIGNER(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS i,.BRYANWITNESS my hand and official seal. Commission#1306711 z Notary Public-California t Orange County 3 amy Comm.:Expires Jun 1,2005 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) LIMITED GENERAL ® ATTORNEY-IN-FACT (❑' TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF MAGES ❑ OTHER: .3 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4087/GEEF 2/88 01693 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FIREMAN'S FUND IINSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDE1cINM CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY (GENERAL POWER OF ATTORNEY KNOW ALL. MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,as Illinois corporation,THE AMIIItICAN INSURANCE COMPANY,a New Jersey corporation redomesticateed in Nebraska, ASSOCIATED INDI M:V TY CORPORATION, a California corporation, and AMERICAN AUTOMOBUZ INSURANCE COMPANY,a Missouri corporation,(berrin collectively called"the Companies")does cub hereby appoint Patricia Brebner Of Costa Mesa, CA their true and lawful Attorneys)-in-Fact, with full power of authority bereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,reeagnizances or other written obligations in the nature thereof------------ and to bind the Cowpales thereby as fully and to the aame extent as if such bonds were rigged by the PrrsidenL seeded with the cocPo its seals of the COMPAulft and duly attested by the Codes'Smatary,hereby ratifying and corArming all that the said Attmze*)4oi-Fact may do in dw promises. This powerof 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 full foand effect. This power of attorney is signed and sealed under the authority of the following Resoiudop aaddooppted by the Board of Direckm of each of the Companies at a meeting duly called and bead,or by written consent,on the 19th day of MandrWlm,and said Resolution lbws slot been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companles. and the seal of themay be affixed or tinted on any power of suormty.on any revocation of any power of sutsosaeey. of on any certifies to Eng tlteraetc,by facsimile;and any power of attorney,ray revocation of any pourer of attorney,or certificate bearing such facsimile signature or facsimile seal&hall be valid and binding upon the ." IN WiTN33SS WIUIRMA the Companies have caused them presents to be signed by their Ytc -prssident`.and ir.mparoft seals to be hexounto affixed this 3 day o(- bj an ua= , 2021 FIREMAN"S FUND INSURANCE COMPANY Uw, NATIONAL 'Y CORPORATIONTHEAMERICI►N C010ANY ck- w a. ASS ON , te AMBt;I UTOMOBII.E U43URANCE COWANY STATE OF CALWORNIA SS. B tom. • �rw� COUNITY OF MARIN y On this '�Q day of January 2 0 Ol.befine me ppeers�eonally canna Donn R. Talback to me brown,who,being try me duly'sworn.did depose and say:that he is a Vice-Prealdent of each company,described In and which k�a die above instrument;that he ows the scats of the said Co las:that the seals affixed to the said insumment are such cosepany scab;drat they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by Ilko or�deec IN WMT 4=SOF,I have hereunto art my hand and affixed my official out,the day and year herein burst above:written. rKRtSTIM tiGAZZOU NOTMYMr AIANfi exavrery Aha comm a o" ma sr♦."M A • STATE OF CALU70RMA SS. CERT MCATE COUNTY OF MARIN L rho undersigrw4 Resident Assistant Secretary of each company, DO HEMY CIiRT'1:6Y that the foregoing and attached POWER OF ATT O NBY remains in full font and has not been revoked;and furthermore that Article VII of the By-taws of each company,and the Resolution of the Board of Directors;set fourth in the Power of Attorney,are now in force. Signed and sealed at the County of Main. Dated the 30th day of November 2001 , Inv wza,no • r • �.� `L 'r' ��°`* ItwtdntJlaaLeaat Tax Coiiectar'e office William J.Pollacek 525 Court Street Contra county Treasurer-Tax Collector Finance Building,Room 100 i /l {7. Box 531 (�" Joseph L,Martinez P. Martinez,California 94553- tStia Assistant Tax collector 0053 (928)545-4122 County Joslyn Mitchell (925)545-4135 FAX 1 Talc operations Supervisor Date: 1/1812002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION {R&T CODE 2606} THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8149 SAN RAMON 66383 Parcel#: 206-050-008.5 206-050-009-3 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $1,837,300.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Brad Mills of Muni Financial at 500-755-6864 The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. THE SECURITY MAY OVER TRACTS 8149, 8150, 8151, 8152, 8154, 8157, 8158 TZIA J. P C i Tre ur r-T x Ile or By: t �'J ;_vu1V 1 T Ur+l.U1V 1 KA 1„UWA DEPOSIT PERMIT � }� OFFICE OF COUNTY AUDITOR-CONTROLLER ( cJL r TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER •,.., �-�t..,�c..y 'c''' '�'�'� ` `" �• (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT 'j -L✓yca t %1/ 7S: /5,�" (e �r'y `Y'r,:a $ ,�!'�!^ ; ,y/J {CJS 4,,> .�✓";� 1 fn' --'7;L 13 ;to 'f r ✓'r r t'..�>� G.—' .Jw .:.�".=t�'/,'.,I2.'�'..J '.'�'r'^y i"'c::l ''J l�',/ pJ C7t. ,j'1 i tJ �-^�//�,r� � �' �'' '' �G�sr✓Yy J'�'r,:,��s r�.24 ! .lid. �'� yam' a.-�3 •:.yjf.,:�t,). ,'', ''•' '�'chi I ;Yi .1jt'..3t { tau I ,•' .`°�fL*�f.-�L✓yy�i.6" 1✓ !Y t"�el 4,11 "j 7 y:151:;` v's-1� .y...y 1 EXP�MATION: TOTAL $ `may DEPOSIT ,� ir' s , _ Deposit consists of the following items COIN and CURRENCY $ r �: '•;'h' tr, r�° s- (^ sCr 4 CHECKS,M.C.,ETC $ ✓r_; , r'"cY �+ r BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATEASSIW x 574 EC i � `e The amount of marey.described above is for Treasurer's receipt of above amount is approved. Receipt of above ama, nt is hereby ✓eosit into the gxjg#.Treasury. acknowledged. Dote Signed: ( (1 Title: ,,,�' •'.�.�' %"�,"'�'; f ,� "t," Signed: EXT • u#}r aunty Deputy County Treasurer D-34REV(7-i3) 117 1Y(.j til I t1 AI ir11.) , T)r.APA 7) ! >P1_s i.UUN I Y Lk WrV T•RA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM C '/. G!C. :`'/G's "'" ' ORGANIZATION NUMBER II P (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. SUB TASK OPTION ACTIVITY AMOUNT $ ✓} t t t i a � � r r...: 1 ! `I,y ,, I 3 ! 1 EXPLANATION: TOTAL S DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O,ETC. $ BANK DEPOSITS $ -FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D 1 NUMBER 1 v DATE � L 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 Treosury. acknowledged, Signed: Date / ,. _ !� . Signed: �...an�..�_' �`' Signed:Title: EXT EXT. Depu County Deputy County Treasurer. 4( 1.. ea, ,, ' ®� �►, e-v cp 49 C" / �•r- � �� (,s / J � `"'".A Y '� V ter+ ,r IA14f e,s= %,,} V /1Vj Windemere BLC__L_an4 Campany,LLC First American Titl The-AMerican Insurance- any 3130 Crow Cannan Plar�Su to 314 ,1135 Willow Way.JiJQ 5 Pette CaWon Road _ San Raman.i CA 94583 Concord, CA 94524 Irvine, CA 92506 ------ -.e Attn: Don Larson Aare: Sharon ron Jones-- Ann: Miriam Moss Phone: 925/242-0811 Phone: 2251356= CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of©range On January 9, 2002 before me, Sheila K. McDonald, Nota Public, personally appeared David Evans, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. - , Commtss!on# 1260983 Notary Public-Callforrfic r orange county OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Domes of California Inc DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Bond Against Taxes Number 111 2750 7207 Number of Pages: One 1) Date of Document: January 8, 2002 Signers (other than those named above): Patricia Brebner #ALIFQRNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Califomia County of Orange On January 8. ZQQ2 before me, Alexis H.Bryan,Notary Public DATE NAME:,TITLE OF OFFICER o E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia Brebner NAME(S)OF SIGNER(S) ® personally known to me-OR- [l proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS H.BRYAN WITNESS m hand and official seal. e=+ commission#1306738 z Notary Public-California EDA-An/11Z) Orange county My comm,Expires Jun 1,20'05 SIGNATIM OF NOT Y 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 Z ATTORNEY-IN-FACT 0 TRUSTEE(S) [� GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4087(GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORA71ON ASSOCIATED INDEMNITY CORPORAXION THE AMERICAN INSURANCE OOMPANY AMERICAN AUTOMOBILE INSURANCE COMpANT GENERAL POWER OF ATTORNEY KNOW ALL MIEN BY MESE PRESENT'S: That FIREI4TAN'S FUND INSURANCE COI+FANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a Nevi Jt�ayy carrppcox�atdon redornesticated In Nebraska, ASSOCIATED INDEI�TY CORPORATION, a California corporation, and AME1tICAN A9 00 INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Patricia Brebner bf Costs Mese, CA their true and lawful Attomey(s)4n-fact, with full power of authority hereby conferred in their name, place and stead, to execute, sial, acknowledge and deliver any and all bonds,undertakings,recognizance:or other written obligations in the nature thereof------------ and to bind the Canpanica dxxeby as fully and to the same extent as if such bouds were signed by the Prcddent,sated with the Corporate seals of do Companies and duly attested by die 'Searetsry,hereby ratifying and confirming all that the said Atwrney(s)-6�way 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 full force and effect. This power of attorney is signed and sealed under the authority of the following Resolutic adopted by die Barri of ed`each of lien Companies at a meeting duly called rad head,or by written consent,on the 19th day of March,l9itS,and said Resolution has twt bona amended or "RESOUVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of fire CompaWes, and the stat of theft=may be affixed or printed on any power of attamcy.on any revocation of any power of anomy. or on any certificathereto,by facsimile;and any power of atwrney,.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 W TTIVESSF,the Companies have caused dense presents to be at ed by thek Viocr�Pteside nt.and their corporate stale to be hereunto affixed this- 3 0 day of. January ��?oL.._ RPM AN'S FUND INSURANCE COMPANY a•, 'r NATIONAL SURETY CORPORATION TIM AMERICAN INSURANCE COUFANY .,�,.�, $ • • s as wa, ASSOCIATED INDENORW CORPORATION '• „•.«•' �,�+ +►r„e„a AMiIRI UTOMOBILE B43URANCE C OU PANY STATE OF CAUFORMA SS. gy J, 4 ` •w� COUNTY CIP MARIN On tris 30 day of _ January .before me personally came Donn R. Koibeck to me gown,who,being by tyre duly sworn,did depose and say:that he is a Vice-President of each company,dewribed In and which executed the above inserument;that he knows the stale of the said Companies;that the seals affixed to the said instrument are such oon4my seals;that they were so affixed by order of the Hoard of Directors of said companies and that he signed his none thereto by like order. IN WITNESS SOF.I have hereunto alt my hand and affixed my official seal,the day and year herein fust above written. KRaa3 N A.GtAZZOU c a"fitKasoa courtly 4 My WMT.MR-OWN sr.sewn • STATE OF CALxFORNIAN COUNTY OF MARIN ss' + tT cAx E I, the undersigned. Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATIORNEY retrains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each csmpany,and dee Resolution of the Board of ;oat forth in tate power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated ire 8th day of __ January i 2002 rv�a+no •AM • D.-