HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-070 C/C�. ,�
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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
RESOLUTION NO. 2002/ 70
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8152,being
developed by Windemere BLC Land Company,LLC, San Ramon area(District 111).
The following documents were presented for Board approval this date:
I. Map
The final map of Subdivision 8152, property located in the San Ramon area,
Supervisorial District III, said map having been certified by the proper officials.
H. Subdivision Agreement
A subdivision agreement with Windemere BLC Land Company, LLC, principal,
whereby said principal agrees to complete all improvements as required in said
subdivision agreement within one year from the date of said agreement.
Accompanying said subdivision agreement is security guaranteeing completion of
said improvements as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
originator:Public Works(ES)
Contact: Teri Fit(313-2363) on the date shown.
G:1GrpDatalEngSvcc1B01200212-12-02\SLM 8152 B0-21.doc
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cc: Public Works-R.Bruno,Construction
Current Planning,Conmmnity Developrnent ATTESTED:_ February 12. 2002
T—12-5-02
Win&rnete BLC,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and
Pete Peterson County Administrator
3130 Crow Canyon Place,#3I0
San Rarnon,CA 94583
The American Insurance Company
5 Peters Canyon Road
Irvine,CA 92606 By Deputy
RESOLUTION NO.2002/ 7
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8152,being
developed by Windemere BLC Land Company,LLC,San Ramon area(District III).
DATE: February 12, 2002
PACE 2
A. Cash Bond
Performance amount: $8,200.00
Auditor's Deposit Permit No. 378659 Date: December 12, 2001
Submitted by: Windemere BLC Land Company, LLC
Tax ID Number: 94329-15-16
B. Surety Bond
Bond Company: The American Insurance Company
Bond No.: 11133599230 Date: November 30, 2001
Performance Amount: $814,200.00
Labor&Materials Amount: $411,200.00
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 $2,806,200.00, 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. 2002/70
SUBDIVISION AGREEMENT
(Govemment Code§66462 and§66463)
4
Subdivision: SUB 8152 tcross-reference SUB 79761Principal: _ t l/t� ✓ 1 ;2r° t
Effective hate: Completion Period: 1 year
D V ;t.OPP'R:WWDEMERE BLC LAND COMPANY LLC,
THESE SIGNIATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company
By:LEN-OBS Windemere,LLC,
CONTRA C(,M COUNTY IClpAL_ A Delaware limited liability company
anaging Member
Maurice M Shiu,Public Works Director r B .Lennar Ho s of`Cat-fo c., vY Y
g e
By
RECOMMENDED FOR APPROVAL (Print name&title) Richard Peterson Vice resident
By: (5ipnuure}
Engineering S464espion< (Print now&title)
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. PARTIES&DATE. Effective on the above date,the County of Contra Costa,Califomia,hereinafter called"-r "and the above-mentioned
Principalmutually promise and agree as follows conceming this subdivision:
2. I14,jlF'ROVEMENTS. Principal agrees to install certain mad 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 Califomia 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 S 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: S 8.200.00 cash,plus additional security,in the amount:S 814,200.00 which togedwtotal
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.
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. F_ r Payment: Security in the amount:S 411.200.00 which is fifty percent(50%)of the estimated cost of the work. Such
security is presented in the form of
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. -GUARANTEE AND WARRANTY OF WO RK. Principal guarantees that said work shall be free from defects in material or workmanship and
shall perforin 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. PPNT 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 WARRAN'T'Y. 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
necessary to the plans to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval ofwork and/or materials or staternent 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 terries 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 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 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 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: 'Me 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 indeffinification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. : Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required
thereby.
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. N0 -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.
Principal hereby consents to entry on the subdivision property by County and County forces,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 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 agreemetit 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 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 is 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.
WLhd
GAorPDM\En0VC\Wt2W2VMLVYSU8 8152 AC340.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ( l�`t ►1}C
County of C j_3- ,
On before me,
Date CLD.. Nt�41R
personally appeared
Name{s}of signer(s)
Stpersonally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)Ware subscribed to the within instrument
and acknowledged to me that hefshe/they executed the
_ same in hfs r/their authorized capacity(ies),and that by
DEBRA A.SHE OOD� •4W4adtheir signature(s)on the instrument the person(s),
COMM, 1313582 or the entity upon behalf of which the person(s) acted,
NOTARY PUB LlC•CALIFORNIA
CONTRA CA UN
executed lite instrument.
O5tCpTY
comm.EXP..iUIY 15.2005
WITNESS my hand and official seal.
1
signature of Notary Public
OPTIONAL
Though the information below is not required by Jaw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Cather Than Named Above:
Capaclty(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner----❑ Limited ❑ General
❑` Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee " ❑ Trustee
❑' Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb hers
Signer Is Representing: Signer Is Representing:
0 1496 Nalional Notary Association•8236 Rernmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call 7bil-Free 1-906-876-6827
Subdivision: SUB 8152(cross-reference SUB 7976)
Bond No.: 111 3359 9230
Premium: $2,850.00
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 8152, 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 , acorporation 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: Eight Hundred Fourteen Thousand, Two Hundred and no/100
Dollars ($8'14.200.00) for Contra Costa County or any city assignee under the above County
Subdivision Agreement.
B. Payment: Four Hundred Eleven Thousand Two Hundred and no/100 Dollars ($411,200.00) to
secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4
of Division III of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above 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 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.
C
B. The condition of this obligation, as to Section (2.B.) 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 bind,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 ofthis 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
— its manager
Address: 24E00 Chrisanta Drive Address: 5 Peters Canyon
City:Migsi n Viejo C. Z' : 92691 City: irytne, CAZip: 92606
By: By:
Print Name: Lawrence H. Thompson Print Name: Patricia Brebner
Title: Vice President Title: Attorney-in-Fact
WUad
G:\GzpData\EagSvc\Wwmnl2002Vanuary\.SUB 8152 BN-12.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On January 18, 2002 before me, Gordon J. Peterson, personally
appeared Lawrence H. Thompson, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized 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. 0 A=Nd•P l;E scN
Commiaaion#1335380
Notary Public-Calitomia
r / Lo
orange County
:c' ✓ " 2' .rzr: ,r- My Cpm.Eches Dec 17,200!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. for
Windemere $LC Land Company LLC
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Bond No. 111 3359 9230
Number of Pages: One (1)
Date of document: November 30, 2001
Signers (other than those named above): Patricia Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
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 H.BRtYAN WITNESS my hand and official seal.
commission#1306738
Notary Public-Caiifamia
orange County
My Comm.rxp{res Jun t,2005 SIGNATURE OF N00
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 m,
❑ CORPORATE OFFICER
T1TLE(S) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S4067tGEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7164
PIREMAN'S nJND INSMUNCB COMPANY
NATIONAL SURITTY CORPORATION ASSOCIATE)INDEMNITY CORPORATION
TOE AMERICAN INSURANCII COMPANY AMERICAN AUMMODU INMJRANCB COMPANY
GENERAL POWER OP ATTORNEY
KNOW ALL MEN BY n-msE PREsENTS: That FIRlEs WS FUND INS[JI: WCE COMPANY, a California cotpexation. NATIONAL
SURETY CORPORATION.an Illinois corporation,THE AMERICAN INSURANCE COMPANY.a New Jersey tion redomesticated in
Nebraska, ASSOCIATED INDENWff CORPORATION. a California corporation, and AMERJCAN OB1LB rN'NURA,Nm
COMPANY+a Missouri corporation,(benzin collectively called"the.Companies")does each hereby appoint Patricia Brebner
bf Costa Mesa, CA
their true and lawful Attorney(s).in-Fact„ with full power of authority hereby conferred in their name, place and stead, to execate, seal,
acknowledge and deliver any and all bonds,undertakings,recognisances or other written obligations in the nature thereof---------- --
and to bind the Companies thereby as fully and to the sam extent as if such bonds were signed by the F re ddent,serried with the cotporate seals of this
Companies and duly attested by the Compadn' laniary,hereby ratifying and confirming all that the said Atsomey(sj m-Fact may do in thio .
Thin power of attorney is grantesd under and by the authority of Article VII of the By-laws of each of the Companies w provisions aro now
in#u1l fotoa and effect.
This power of attorney is signed and sealed ander the authority of the following Resolutiooppcued by tie Board of Dimckn of each of die
Companies at a meeting duly called and bold,or by written consent,on the 1901 day of Mardt,1995,and said Resolution bas not been amended
or repeslesd:
"RESOLVED,fiat the,signatum of any Vice-Preti it.Assistant Se=tary,and Resident Assistant Sorry of the�Snpaaiea.
and the seal of the may be affixed or printed on any power of attsarney.on any revocation of eny power of at1aJ4
or on any certdtcate m ting Nitrate,by facsimile;.and any power of attorney,my myocatiou of any power of attorney,or
certificate bearing such facsimile signature or facsimile seal shall be valid anis binding upon the Companies.*
IN WiT'NBSS 7HEREOF,this C.ornpaniea ttavc_causoil ese presents W.br-*Fcd by their Vice-ftsidenL and_their.. seals to be limuntso
affixed Hiss 3 0 day of J an UArY
FIREMAN'S FUND INSURANCE COMPANY
«" " '4 ► " NATIONAL SURETY CORPORAnON
.s,►z THE AMERICAN INSURANCE COMPANY
avxs«ro • • ASSOCIATED IIVL'►E14NITYC:+ORKWAnON
,a,,,,a»» UTOM DUE 124SURANCB COMPANY
STATE OF CALB30RMsCOUN"TY OF IM�ARII 55. By vt tdeos
On dib 30 da of January , 2 0 01,before me y came 1)2= R. nok
w we known,who.being by me duly sworn.did depose and say:that he:is a Yret•Pses t of each camgany,described in ssrd wlii+ t
the above tun:trttnteatw thst he known the,seats of tie crud Co cess;that the seats affixed to iia said instrument aro such company 119815.drat
they were so affixed by outer of the Boars!of Directors of companies and that he signed his name thereto by tilos orders:
IN WTTI'+ES3WHErtEOF.I have hereunto set my hand and affixed ray official seal,the day and year herein first above wrium.
* KRNMN A.dA2ZW
000AK 019maxs I
VAMCCUWY
5h earnn+tb+aen+A aa,n" .s «
STATE OF CALVORMASS. CFJXT MCATE
COUNTY OF MAKIN
I, the undersigned. Resident Assistant Secretary of each company, DO HAY CEtCfIi;Y that ttta foregoing and attached POWER OF
ATTORNEY remains in full force and has not bece,revoked;and furthermore that Article VII of the By-laws of each cotapaay.and the Resolution
of the Board of Ihrecton;Set forth in an Power of Attorney.aro now in force.
Signed and sealed at the County of Main. Dated the 30th day of November y 2001
*maim • aswL
IV
eettr«es r° t<atdrat Ils>sttaaat
Tax Collector's Office William J.Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building,Room 100
P.O. Box 631 } Joseph L.Martinez
Martinez,California 94553- Costa Assistant Tax Collector
0063
(925)646-4122 y CountJoslyn Mitchell
(925)646-4135 FAX "! Tax Operations Supervisor
Date: 1118/2002
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivisiorrrentitled:
Tract/MS# city T.R.A.
8152 SAN RAMON 66383
Parcel#: 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 $2,806,200,00
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 800-755-6864
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 COVER TRACTS 8149, 8150, 8151, 8152, 8154, 8157, 8158
WILLI POLWCE,,Trees er a IBy:
rrcxrsAL TaLLCOMEAN STI
Windemere BLC Lan Com-anv,LLC First American Title— The Amrica Insurance-f,=any
314Craw Cannon Place. Suite 310 1355 Willow Way, ill _5 Peters Canyon Road
San Ramon., CA 94583Concord, CA 94520- __ -- Irvine, CA 92606_ _
AIM Don Larson Attu: Sharon Jones Artn: Miriam Moss
Phone: 925/242-0811 Phone:�,925/356-7025 - __— Phone: 714/368-6000
Bond No. 111 2750 7207
Premium: $14,648.00
BOND AGAINST TAXES
Y-NOWN ALL MEN BY THESE PRESENTS:
That Windemere BLC Land Company, LLC ,at principal and
(Surety) The American Insurance Compal ,a corporation organized and existed
under the laws of the State of Nebraska _and authorized to transact surety busine33 in
California as surety are held and firmly bound unto the*County of Contra Costa,State of California,in the penal
sum of Four Million One Hundred Eighty Five Thousand One Hundred and 00/100 Dollars
(S 4,185,100.0(#� ),to be paid to said County of Contra Costs,for payment of which will and
truly be made,we and each of us bind ourselves,our heirs,executors,admiaistrttors and successors,jointly and
Severally,firmly by these presents.
Seated,with our Seals and dated this 8th day of January 2002 .
The conditions of the above obligation is such that WUMMAS,the move bonded principal is about to file a
rasp entitled Tract Numbers: 8149, 8150, 8151;8153;81541 8157, 8158"
and covering a subdivision of a tract of land in said County of Contra Costa,and there are certain licns for taxes
and special assessments collected as taxes.against the said tract of land covered by said snap,which taxes and
special assessments ooilacted as taxes,are not yet due or payable.
NOW,TORI?,if the said Windemere BLC Land Company, LLghall pay all of the taxes and special
assessments collected as taxes which are a lien against said tract of land covered by said map,at the Bute of the
filing of said trap of said tract,than this obligation shall be void and of no effect,otherwise it shall remain in
full Force and affect.
(Approval Stamp]
DA`P3r /�J✓r Windemere BLC Land Company, LLC
g0p� By: Lehnar Homes of California, Inc.
VrXW'tD AND APPIOM its manager
CONTRA 008TA OOUWff
TR 111111 '.H gCc.;T'Olx Pnncipal
BY.
T— -
(xttech Acknowledgement The American Insurance Company
by Principrt) $Urely
(wttor3:AeYnovvled¢emetsr Patricia Bebner, Attorney-in--fact
by Surety)
COUNTY OF CONTRA COSTA !
DEPOSIT PERMIT t
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM »y
C� t'l� •'- r�-r''�r='�`,�c�.. d'--t:'s v"'.�".'-'£'` s ,,',1�:�,.="'• a',,-'>"t�.� c�
ORGANIZATION NUMBER
Y y. ;°. ✓ ,,r ;:., �," i' ry _y`yam
(Far Cash Collection Procedures sae County Administrator's Bulletin 105.)
DESCRIPTION FUND/OR13. Sull
ACCT TASK OPTION ACTIVITY AMOUNT
$
`, S{'r;J �.' Lam+<��•� �,�.�` I ,d��"' -'.h�clY.�..Yt'n ,.'.'�,- 1�4r
1
r
�ij1�"yr' 'i`it L=G{sh'•t► ✓,y,%J°°'�''e9� '� 7 �/ d � .�
S :y 4,3/ tai�G}/i'� Cs c!tlS ! t: ✓I.:r y
f ''� C"a 4' r;j f >1�} j C .5/ r
I
1
I
1
I
1
I
1
t
I
r
t
1
I
EXPLANATIONTOTAL
:
!3 �- / rte' / `�` Deposit consists of the fallovting items
COIN and CURRENCY $
CHECKS,hkO ETC. $ ✓ i''
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT pp
NUM8ER?.7C,,r t`, C ;� i .
DATE
ASSIGNED
The amount of money described above is far Treasurer's receipt of aamount is approved Receipt of above amount is hereby
deposit into the C ty Treasury. acknowledged
Date
Signed:
Title:; :. ' . EXT. . 5+9ned
qty minty Deputy�Cjwnty Treasurer
-3d REV!(7-43)
.. -; ',F �
; r O' a 4:r/
�j''.��t''/' .�,.�r d► c'��: �r'�°'.5`�"�' � ee tea.a �' � � ,%'./�` /'r'�-
AO
yam` r
�/�''� /f I�'''"p-'v'a� �c�. cam'�f',�'"Q j � ;•�'� t C� !. r'�e'` � '"�3,,'i�' d'�'"�'.�'
fjr�
�'a.,�.�' 7���+ �' } ,,.�rY'.�,,�+'�G.7'"'r'�;C7r ,!`'�'"+�' -,� ,/d ,%'��,+'.,S'": cap.a� --�G�'0`r'.�J':�'t"'.-+rc e,r•;.
�y
TOWN OF DANVILLE
SCCJEPA Fund Distributlon
From 4/1!2001 to 9/30/2001
SCCJEPA REGIONAL FEES
Total SCCJEPA Regional Fees $ 27,337.94
Less 1%Administrative Cost $ 273.38
Amount to be Distributed 27,064.56
Distributioi(1) t'
City $ 27,064.56 X 19.60% = $ 5,304.65 + $ 93.23 Interest = $ 5397'88 'k
County $ 27,064.56 X 6.90% = $ 1,867.45 + $ 32.82 Interest = $ 1,900. SI-19 '
Town $ 27,064.56 X 73.50% = $ 19,892.46 + $ 349.62 interest = $ , 2.08
SCCJEPA SUB-REGIONAL FEES
Total SCCJEPA Sub-Regional Fees $ 15,947.91
Less 1%Administrative Cost $ -
Amount to be Distributed $ 15,947.91
Distribution(2)
City $ 15,947.91 X 19.04% = $ 3,430.14 + $ 46.27 interest = $ 3,0 6.37
County $ 15,947.91 X 6.00% = $ 956.88 + $ 14.61 Interest = $ 9 1.49 921
Town $ 15,947.91 X 75.40% = $ 11,960.93 + $ 182.63 interest = $ 12,143.56
Total Distributions
City $ 8,474.24 �' �''` ,
CWnty $ 2,871.75 C), 171,
Town $ 32,385.64 ...___....
Total 43,731.64
(i) Distribution per Section 14, SCCJEPA
(2)Distribution per Section 14, SCCJEPA