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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-729 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3,2002,by the following vote. AXES: SUPERVISORS UIIXEMA, GERBER, DESAUINIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/729 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8153,beim developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date. I. Map The final map of Subdivision 8153,property located in the San Ramon(Dougherty Valley)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 wig one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows; WL:cw U,.ZrpDataTAgsvc1B012062kl2-03-62\St3B 8153 80.21.doc Lai(313-2408) ClrntuVor:PublWw Works tK Caatacr 'Warren 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 c: Public Works a T.Belt construction Sht9 Cut W Pla=m&Cor—ty Development T-9-05-02 Windem m BLC Land CW4=y,LLC 3130 Craw t,pwy Place,Suite 310 San ltairacrn,CA 9 94583 5 ATTESTED. DECEMBER 03 2002 Atm:Brian Olin JOHN SWEETEN,Clerk of the Board of Supervisors and County St Paul Fire and Marine insuranct Company Administrator 333 City Blvd.West,Suite 1100 Change,CA 92868 Atm:Patricia R Brtbner By •Deputy RESOLUTION NO.20021 729 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8153, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley)area. (District III) :DATE: December 3,2002 PAGE: 2 A. Cash Bond Performance amount: $12,750 Auditor's Deposit Permit No. 391338 Date: August 13,2002 Submitted by: Windemere BLC Land Company, LLC Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number: SV9482 Date: August 1, 2002 Performance Amount: $1,262,250 Labor&Materials Amount: $637,500 Principal: Windernere BLC Land Company, LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County takes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full. 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. RESOUTION N0. 2002/729 a � Y : ♦ a - T n .. - - e -i[ iI 4 a•t - 4 H— yx Y~ w 4 M! u - u Y = 1, 4 u— • 4 4 I Y 4 b 4 Y n1 �, • � � 4 1 e V� A ' f - Y 4 F _ M •S, M � - 4 Y � Y r � r x' ` �•' ►6 cli gqig Igo! og � jig CNAM N � ; n AN RI ?M r r tA m cn p a Ci k m 3 ep W C:5 fid h SM M 02 �° w it F r 64 • >��" � / ftp � r cn M> z "' cp 0 w »� ox ;Q u,~ t Nf3 42'29`E 67.474m 4 {, N151 24 E 71,4011, 512'x9"E L11 L104 N1512'2g"E 98.9Q8mtM-M) $TAKEN}1ERE t,#.037m �� 130.599m(M-M BASIS Ar�N HARCOURT WAY ig� LOT i Ot1BD)VfS10N 8620 Jig' s �vss0s0 c a4 , { 448 M sJill, ) 74 SR �, <Ntz X, 513 c.n Ica: V u� 5$q$} SEE SHEET 7 � C1s l?7 y I N1512'2rE N1512'29`E z r I 23.500m w 20.500m w N15`12'29"E tA ai to I 1 I 20.500m ,d I C ' i ► { N1512'29"E N151229E ! I rt+ 23.500m a0.500m ItIf i If YES I y i I ;SII _ I f N1612'29"E I w� i 203OOm I ; 2.4m PUE/TPE/SCE , 2.4m PUEJTPE/SLE-7 t N}5!2`29'E 23.500m N15'12'29'E 20.5IXkrt u i 18, 13.314m 14.630m rn m u i �jTPEfSLE III!! I PUE SLE r.5m PUE/SCE-+ 2.4m I m i N15"12`2VE 1 i '#�' SSE.PSOE I z I SSE,PSDE I 20.500m EVAE, NCE I ``' �. "•�' B I EVAEI NCE ( Dia S/S a a 13 5.7 5.700m 5.700m tCG 7.356m 13.314m 8.630m N1592'29`E 29.300m 1 S �3 p11.700m ii ��,zppfi 1 in Nis I2'29'E 41.00Om{ifi`1i) P W008'Si N15 t2'29'E EX Mn LE(1) 1+ (A ��p L� 1 ;2 39.tO0m(1A-N) 12700m '9.`.11 '7r. 73m N1512'29'E 28.100m C3 6.064m 13,106m 8.930mm 3 ?�• _ _ _ N15'12'29'E 14.400m ! m e 7.2DDm to 6 €X 1.5m a I * r 3 PUE/SLE/LE(1) `y " S2 1'8� 10.974m I ?s N23 17. 13.1 N17'0 48 1+ ` 40'44 E v N19 f8"57"E N14'50'06`E 2. 'F # I N1512 29"E 87.474m(T) 4' _ !1° I N15Y2'29'fi N1512'2VE 9&"n(#-N) 120.599m{Ci-kt) -WL Tt BASIS BEARINGS 8 TAKEN HERE_ / ^` HARCOURT WAY LOT 10 SUBDIVISION 8620 1.448 M 9 ) LOT 9 SUBDIVISION 8620 (448M 9 ) PER Hwy jjx�a wGj' ' SEE SHEET 6 w► { I # �I f � N15't2'29'E N1512'29'E ~ I rn I 21.600m 20.500m } c" Itto o u 00 I v� "`� I N15'IZ29'E an '� I $It 24.637m f N1512'29'E N1512'29'E i � _ ' 21.600m 20.50Om �2.4m PUE/TPEfSLE I v ya I I La 2P m _ {+-2.4m PUEJTPEJSLE cc to c `E I N15IZ29r� I ' I 1,1151279'E 21.600m N1512'29"E 20.500m E I j � 14.666m N1512'29'E 14.326m 1 I t wt 2 � 13.106m SLEPUE%s e wj I ^' s £pl ml y� i N1512'29'E SSE,PSDE 24.837m co N t I SSE.PSDE I w V I EVAE, WLE v I EVAE,W1f ' { 5.700m 5 7D0m 3 w 'S j 4+� .7opn ZZ r- 9.666m 13,146m 5.626m 51229 NiE 27,4oam _ i1.700m y PA � N1512'29'E 12.9WmN1512'29"E 39.100m(M-M} "Op �dy 4 4t.000m(htt--N) A 1 N1512'29'E 26.200m wSLSti� '� C► 9.235m 13.106m G N1. 2 14.ro 414 Cc- co I 4 - I 9.502m 1=7 Na # ' 13.106m 11106m 35.6 kn . 72 22271-7 a I N15'12 29'E 71.404m(T) N1512'29"E N151229E 120.599m(M-M} I BASIS OF BEAMNG5 8 TAKEN WERE . �3 d z inLOT 9 sd 35.saam �` rt SUBDIVISION 8620S > dI? �J s� (438 M 9. ,} N151 29 E 71.404m N1512'29E 120.599m(M-M) iti wa4. HARCOURT WAY � ug 1 rn t € o v� i � f q o All, 14 Jim. Gi so lag fa -- ; st � � , Z SEE SHEET 9 Ct7 k 0 T cn l n _i SEE SHEET 9 Dc s i` 3 90Y.90N t��ucs aN r r o 1R w99n ax ,.�3 _1• C° 3 { {y O 3� im w� a� �7, z (N}�,Di,i1.01N jf rn ta)3.s�.5aD4N wDDsaz � r ji� � � 0 3}+` s.700m .700m 22 993m 4'a ` N1x'42'r0"E(Ft} Nis 12'29"E(R) 111 } 24.807m 20.500m $$E<�PSDE " C3 EVAE XE 31 v cn I (}t ta> I SSE,PSDE 2.4m o " i ` 4 Nis f 2 28'E EVAE NCE 3#� ' PUEf7PEfSE� ' 23.771m s.700m N15'12'29'E(R N1512'29'E �x !fir+ 2.4m PUEM JSIE ' 24.600m 20.500m _ z ^� �24m PUEf1PEjStEcn I„ „ `t ..1 z to Ca * N16121VE ' j 24.105m N1512'29'E N15,12WE } �t ► 21,600m 20.s00m ` OD 91612'29`E a t Cy 24.43dn i f N1512'WE NIS'12'29E 21 mm 20.500m10 10r" t r(t of y w N24.772m m i Nis92'28'E Nts`!2'29"E 1 III A 21.600m 20.s00m N1512'291 24.837m SEE SHEET 5S Jill. R M ca x 1 SEE SHEET'B �tz „ 1 i 1 3vcr�oN aT3,�h, oN 1 � 3,L£.9i,LnN t 1 3xc.sh oN {1!)3.LhS5 601, �t '• { �, .,, 1� w950'SL wZ96'0z wvz Ut 1014 vaI 1 w9tt'1z 1° 3d5d; s t 1 .L0N � Nf2'41'47'E(R} WOOL'S y£pg'tZ 20.572m 3.Z£�h t0N a i o r1 F f3 'a (a N1733'22'E(R N1512'29'E &700m c» 23.692m M500m ( .P50E { > N1512'24'E R 3} El WLE os Ir:t t( N�ro3'45 e f C 0� i x { 2220dn Y 5.700MI5.700m y 111 24m Pue�1Pf151E �t 0n ( i N15'12'2VE 1 ti i► N1512'29'E R , ('� 23.500m m5wm 2 4m PUEM/SL€ ( 2.4m POE/IPE/SLE ( ra�AE 9'E i + N15'12'2i i i a { 21.160m 111 " { ( � i N15'12'29`E Nt5'12`29"E `��" �--s N 23.500m x 20.500m i r- > S .. qj 20.5odm i � ( I N15'1z'29'E N15'12'z9'E i �. ( ,' v i 23.500m 20.500rn to w ' ( Sc N15'12'29"E ° ( 20.500m SEE SHEET 4 10 rA Z � x V 10- w fit �Or � C� C1 � � So �+ w �� �' rs SUBDIVISION 81511 (441'M 1) .- N0678'19'E 72.019m(T) 8'19`EN0254'14"E 91.000m{T11,07 ) m 14.107m N06Ztmg"E N0828'i9"E N0628't9E 13.102m 13.106m N0628'19'E NO2'54'14'E ry 13.111m C 12.364m ! � r Ma 14.106m G-L IT3�26' 4-01-33'24' _01°15'2 6" 13.I0&n -LIT L®13.682m L�S1.050m 13.398m ( * N07't8'30'E 27.212m(T) 1 R= d 6ODM X04 2 16 L- 8.420m y NO2.54'14'E 94.532m(T) y\ f32 N07't6'30'E 74212 } 1 t 2 �(�1 2.90tkn .. 05 D5'22°E 38 846m1A)_� 1 N LANE NO2 54'14"E 11.249m N84`54'38`W �' 65 932m{lf-iA} __ / �i PAROL B N0716'30°E ' V 6.a06m �{$ f + 20,487m 1 Ct NO2UI VE 5#.232m(T) tr a: C3 bpO 1•32'59` C2 8.732m 14.000m t*i ' If 9: L-13.930mm v _ 5 700rrs N W45'32'E ! *3 ! 7S f 20.686m f" N -4 y 1 v & t/! 3 r+ F-1.5m PWALE rn 15 834m n f3s N20d12m'32� <„ M07-451-3 z, 30.361m w1tYt1 24misE y �� v�Lo'9t M.001roN r j) ti4ti NN cin ". 1 N07'4532 E y43 y tri N07*45'32'E t 31.388 C, f 20.956m '� �2.4m PUE/TPEJSIE r , ff t�Iw arr � t f f Nor45'sa"E tiI,-aa E f N0r43"32"E 26.405m H?T�, sy°/cs� 1� 'r� J� 21.10Om f I 1 -1 - y3+tom- EYAE.WLE NOr45$2°E NO8'a8`19'E 72019m + 24.951m N0621'41 R) 4,452m f ' N07T19411 R g y ' + SEE SHEET 7 i 52wo€3� SifS;E' i5 '-. roG>a.E-n.`r.G�iC` + P, x �+ g PO E4 p 10 RIO- fff < r, o w R a rn Cy aim > ar w�:3c SUBDIVISION 8151 (441 M 1) ro tU W A tJ't 4T h N0254141 91.000m(T) NO2'54'14'E N0254'14'E N0254'14'E NO2'S4'14'E NO2'54'14"E NO2"54'14"E 13.106m 13.106m 13.106m 13.106m 13,10sm 131106m w u c. a jA ,r, ��� 4 f3.106m �f3.106m 13.106m 1&106m 13.106m t3,#06m � �� NO2'5414'E 94.532m(T) N0254'14"E 65932m(M-M)ELAN LANE NO2"504"E 2d600rr<M—PL �a PARCEL BiF, 1i.;oam" a,s�om �N0254'14"E 54,232m(T) ,! N0254'14'E 22.900m 16.470m 5 700m tr t, z co cn mlpVj lri N07504E �G NO2'54'14'E I >� 22.900m C7 Vl n 21.030m V -4{,. at1EE/n/sm 4 c r` NO2'54'14'E 14.545m NO2"5i'1{"E 22.900m ZJp $ NO2'54'14"E 21.030m " Qy 2.4m PUE/IPE/SLE19. + a` a� g +0D 5.7pOm_J NO2 54'14'E 22.900m vy 11235m� 15 030m4m vt 1 NO2U14 E 27.255m(T) 1w _ ( w * f PARCEL B , 1 NO2rn'S4'14"E 36.965MiM) _ CRAIGLEE WAY �"_�ri#.7a1m I NO2-54141�, 22731m NO2'S4'f4`E 27.265M(T) W Lor 12760m i4.508en at' a + t�R I tt6 J 15_L3 N06 21'4f' R) M v _ � � � � � ( N42'S4'14`E � 2a.306m N. N05'49'36'E 91 N0715$MR) 2.4m PUE/TPE/SLE �'y -zl 21,933m E;, N04V26'E(R) ca SEE SHEET 6 } Ln /y SUBDIVISION AGREEMENT (Government Code§66462 and§66453) Subdl,vision. SIM 8153 Principal: Windermere BLC.LLC Effeoive Date: Completion Period: 1 veer THEME SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: D V�ELOPER.WINDEMERE BLC LAND COMPANY LLC, A California limited liability Company CORA PRIRTCIPAI By.LEN-OBS Windernere,LLC, COSTA COUNTIY A Delaware limited liability company Maurix:a M.Shiu,Public Works Director Managing Member By:Lennar Homes of California,Inc., Managi ember By: # ae- (signature)—A* (print name& neRECCME1DFOR AFMO ,Vice sident _ By: _ (signature} ---�-'•-- Engineering Servi s sto (print name&Title) n Jochi Asst Secretary FORIt111 01, APPR4V2D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signau= must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARIMS A 2&21. Effective on the above date,the County of Contra Costa,California,hereinafter called" ou "and the above-mentioned FAA-6'L?3A,mutually promise and agree as follows concerning this subdivision: 2. 'R03MMMS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydraw,,3,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and onfile with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendgilentss thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof;as required by the Cat'ornia Subdivision Map act(Government Code§§66414 and following)in a good workmanlike marther,in accordance with accepted construction praetica 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 betwee€i the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. ZMVEIAENT SECUpon executing ng this agreement,Principal shall,pursuant to Government Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Qwmtm; S 12.7 0.00 cash,plus additional security,in the amount:S 1262250.00 which V)gether 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. .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 acceptasstoo against any defective workmanship or materials or any unsatisfactory performance. B. Far Payment: Security in the amount:S637.500.00 .which is fifty percent(500%)ofthe estimated cost ofthe work. Such security is preached in the form of Cash,certified check,or eashier's check n 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 1.0 Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request ofPrincipai,the amount securities may be reduced in accordance<with§94-4.406 and§94-4.408 of the Ordinance Code. r 1e 4. TEE AND WARRANTY OF WOMK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satitfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.5, "Acceptance:,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. Tete guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ES 1ABLSfI�1T WC3R . Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishmerd work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and otherwork 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 agar the Board of Supervisors accepts the work as complete. 6, 0 Z�T PT AN WA_RR AM. 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 otic year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to aceMplish the work as promised. 7. 2 WA VF ,BY CQ Y. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of„he 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 conditio€is hereof. 8. IIS 7 Imo: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A The i I ndemnite 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 ofactions defined belo�f and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless ofwhether or not such liability,claire or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of aty suit(s),action(s),or other proceedings)concerning said liabilities and claims. C.1 The acti ns esuaing lisbUity are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attribuWI)Ie to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D Ngn-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specifications)in connection with this work or subdivision,or has insurance or other indemnification covering any of these i.hattem,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.. 9. CC=: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. 5MRN . Principal shall set and establish survey monuments in accordance with the filed mgp and to the satisfaction of the County Road Commissiotrr-Surveyor before acceptance of any work as complete by the Board of Supervisors. iN-PE FI�b�t?.IyIt ME AM COSTS:IfPrincipal fails to complete the work within the time specified in this agreement,and subsequentattensiona, or fails to me ntain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all coats and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc,)immediately upon demand. Pri€Icipal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete an&,*maintain the work. Otte action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even ifPrincipal subsequently completes tht,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 ifPrincipal subsequently proceeds to complete the work. 12. >O TIONZAkR TION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated ss 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 creditwcunng said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary againstPrincipal, who shall fine;//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. RF OI2D MAP. In consideration hereof;County shall allow Principal to file and record the final map or parcel map for said subdivision. Mad c:+apn6tr'Xx4sVrWW-UWW,"VMW14813 t153wc-30.doe Rev.OCWW 25,2041 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of It n ta_.� County of kt c t.� , 4 On I L4 '_1 101�.� before me, —i7a e� Name and�tle-of N r(e.g.,'Jane Doe, ofarY Puie) personally appeared Na (s)of Signer(s) Versonally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) whose names)-Ware subscribed to the within instrument and acknowledged to me that IAte#elthey executed the same in#ie{YteNtheir authorized capacity(ies),and that by WDEBRA A. HERWDDDbisAieWtheir signatures)on the instrument the person(s), MM.#1313582 2r or the entity upon behalf of which the persons) acted, PUBIlC-cAuroNIAexecuted the instrument. A Co5TA COUNTY ttr:xp.Ji3LY 1 b.wos' WITNESS my han d offici I se 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 farm 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) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner--0 Limited ❑General ❑ Partner—❑ Limited ❑ General Attorney-In-Pact ❑ Attomey-in-Pact Trustee ❑ Trustee Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer is Representing: 01995?-Wlonal Notary Association•8238 Remmet Ave.,P.O.Sax 7184•Canoga Park,CA 91308.7454 Prod.No,5907 Reorder.Call Toll-Free t-8q6-878-8827 COUNTY OF CONTRA COSTA j ex4 E' DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TIIASURER: MARTINEZ,CALIFORNIA RECENED:FROM _ l ORGANIZATION NUMBER t C j (tsar Cash Collection Procedures we County Administrator's Bulletin 105.) DESCRIPTK)N FUNDJORC UB. TASK PTK)N ACTIVITY AMOUNT $ i ! V _ ;cam l NOCK 110 RA I ]I . dig / CCr c� r i 6fll 9&4llf 1-p 11-A I I l<L-I I fi�l rA g c (J ) V r i ;} 1 i ELL ��d 2i�/ ' -941 ::� ' EXPLANATION- TOTAL 3 � i DEPOSIT i. Deposit consists of the fo krwing herns COIN and CURRENCY $ 7 CHECKS,Ma ETC. $ BANK DEPOSITS #. FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 1333- AUG 3 rO ASS The amount of money described above is for Treasurer's receipt of above amount is approved Receipt'of above amount.is hereby :Ito ' County T ury acknauviedged Signed:' : i - j Signed: Signed: LEl�T. ' " ty ounty yC realum 3-34 REV,(7-93) COUNTY Of CONTRA COSTA rage e DEPOSIT PERMIT (J OFFICE Of COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA lip RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTKiN FUNDJORCR ACCT TASK TION ACTMTY AMOUNT I L L-tn� a� o-01.60 # I # t t t. w # # # t # - t L-A I. t i t 1 1 # t r 1 f 1 i # I- E XPLANATIt')N: TOTAL. $ DEPOSIT casts of the followiirg steles COIN and CURRENCY $ CHECKS,kOC ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLYPERMIT . DEPOSIT Z) NUMBER DP : ` 3 DATE ASSIGNED The amount o#:money described above is for Treaturer's receipt of above amount is opprovea Receipt of above amount is hereby i depost lata County Treasury. acknowledged Signed . x _ Date Title: l,C XT ~` Audi d t Coo Treasurer Deputy County I-34 REV.{7-43} 000649-9665 1831000: 61107780, $32,500.00, RA 1128 Road Acceptance Plan Review, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61107787, $ 3,260.00, SUB 8619 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, Son Ramon, CA 94583 819800-0800: 61107790, $_ 1_,080.00, SUB 8618 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61107792, 112,750.00, SUB 8153 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 Subdivision: SL 5153 (n ef SUB Bond No.: SV9482 Premium: $3,156.04 -- - -- IMPROVEMENT SECURITY BOND FOR SU-13MVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Cade §§ 66499 - 66499.10) 1. BECI—VA.OF SUBDIVIStox Ac"FMEN'r: The developer.(principal) has executed a subdivision agreement with,the County of Contra Costa:to install and pay for street,drainage and ether improvements in Subdivi3-ion 8153 , as specified in the subdivision agreement and to complete said wort:within the time specified for Completion in The subdivision agreement, all in accordance with State and local laws and rulings thereunder in order t0 satisfy conditions for filing of a final map or parcel map for said subdivision 2. OBLIGATION: Windemere BLC Land Company, LLC � as principal and St. Paul Fire and Marine Insurance Compal a corporation organized and existing under the laws of the State of Minnesota _ 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 Millioll TWO ndred Sixty Two Thousand Two l ii -fiitt and 00/100 Dollars(E 1,262.250 00 )for Contra Costa County or any city assignee under the above County Subdivision Agreement B. Payment: Six HUngized Thirty Seven: Th6uAnd,Five Hun•' red And 00/100 Dollars (S 637,500 Ota ) to secure the claims to which reference is made in Title XV (commencing with Section 3082)of Part 4 ofDivision 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, adtnir tstrators, 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 sage 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 farce 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,al!to be taxed as costs and included in any judgetrent rendered. R. The condition of this obligation; as to Sectizan (2.8.).above, is such that said principal and the under-signed, as corporate surety, are held fimily bound unto the County of Contra Costa and all contractors, subcontractors,labtarers,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.ket 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 obhgation,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 C=laims 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 fir 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 IGiVED AI'D SEALED on August 1, 2002 WINDEMERE BLC LAND COMPANY, LLC By: LENNAR HOMES OF CALIFORNIA, INC. ST, PAUL FIRE AND MARINE "R NCIPA,i t Its, manager SURETY. INSURANCE cow --- Wdress. _3130 Crow Address .�. 333 City Blvd. West, Suite JI-QQ :ity. sari Raman p 94583 City irange CA Zip. 92868 iy. By. 01int Name!: Lawrence H. T m scan Print Name. Patricia H. Brebuer 'isle ice President Title rkttorney-in-Fact 7 tnw top �k�.t.,.�,�y3.;::�tw.,tsnwswcuaas,v,�m.iw I:n i8c9t#6t9874 aw Iems a;��nv�3: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On Auqust 2. 2002 before me, S. McDonald, Notary, Public, personally appeared Lawrence H. Thomason, 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. l Witness my hand and official seal. S. M�ALD s Comm #t:2bt)983 Notary -Calffamia age County My Comm.avres 'td, mj OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer--Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: improvement Security Bond No. SV9482 Number of Pages: Two (2) Date of Document: August 1. 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of ©range On August 1 2002 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) personally known to me-OR- F] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS H.BRYAN Commission# 1306738 WITNESS my hand and official seal. Notary Public-Callfomla t Orange County r My Comm.Expires SIGNATUR OF NOTARY OPTIONAL Though the data belowis 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 TrCLE(5} PARTNER(S) LIMITED H GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE,OF DOCUMENT W:VAE OF PERSON(S)OR ENTITYQES) SIGNER(S)OTHER THAN NAMED ABOVE S-4I671GE€F 8 0 1993 NATIONAL NOTARY ASSOCIATION-8236 Ren-wnet Ave.,P.O.Box 7184•Canoga Park,CA 91380.71s4 7I1D POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Powee, of Attorney No. 22775 Certificate No. ry ItNaW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Nul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the W,vs of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that kdelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc.is'a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint James A.Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebuer,Leigh McDonough and Alexis H.Bryan of the is try of Costa Mesa State California their true and lawful Attorney(s)-in-Fact, each 4.I their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contt „ts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the perfonriance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN W1.TNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 4th day of October 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St,Paul Mercury Insurance Company 2 M1�9k1,+ ,M "ahl PETER W.CARMAN,Vice President 1$ ?}' rasa 11977' State c.”Maryland City o#'Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On thi'_ 4th day of October 1 _,before me,the undersigned officer,personally appeared Peter W.Carman and Thoma;i E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and MarineInsurance Company,St,Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guararty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporeltions by themselves as duly authorized officers. �w In Wit Zess Whereof,I hereunto set my hand and official seal. � A%'tr►Y r My Caitmission expires the Ist day of July;2006. , REBECCA EASLEYONOKALA,Notary Public 86203€leu 7-2002 Printed in U.S.A. Thif Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire am,3 Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company; Fidelity.:and Guaranty Insurance Company,and Fidelity and Guaranty Insurawce Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effect,Lading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to s#lid business may be signed,executed,and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in aceerdance with these resolutions. Said Powers)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Cori;pany,either by the Chairman,or the President,or any Vice President,or an Assistant trice President,jointly with the Secretary or an Assistant Secretary, undxr their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the +eal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes only,of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any sucls 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 exeated and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to whish it is validly attached;and R21`FOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attn-ney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thorn is E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Undervniters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and efletlt and has not been revoked. IN TES` IMONX WHEREOF,I hereunto set my hand this S t day of August 2002 '..� `x/ , sept °+ i Thomas E.Hubre tse Assistant Sec g retary To verlft�the authenticity of this Fewer ofAtiorney,call 1-800-#21-388(0 and ask far the Power ofAdorney cleric Please refer to the Power ofAttorney number,the above-ne.med individuals and the details of the bond to which the power is attached. 8153 _ 9129102..__. __ T�a.��I +tCCoanty-�'-weas+�trer-Tax-Gol{eetar - 625 Court Street -ont'a FinanowBullding,Room 100 F.o.Bex 631 "`'tti�tt Joseph L.Martinez Martinez;California 94553- Costa Assistant Tax Collector 0083 {925}64 -4122 County Joslyn Mitchell {925}64`:3-4135 FAX "l Tax operations Supervisor r' Date: 9/20/2002 I THIS TRACT IS NOT FILED BY DECEMBER 31, 2002, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract i MS# City T.R.A. 8163 SAN RAMON 68383 Parcel#0 223-100-509.8 223-010-010-5 a ld have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. :ir estimate of the supplemental tax lien is $0.00 TPjis tract is not subject to a 1915 Act Bond. if subject to a 1915 Act Bond, the original principal to'caiculate a segregation is TVie 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 ding with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax C Ilegtor By: .