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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-731 CIO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAUINIER, CLOVER, AND GI01A NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2002a/ 731 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8155,being 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 8155,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III,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 c:v3 >5ata�svc\so\zooz\lz-o3-0z\suB srss scr-zl.doc w>:rp action taken and entered on the minutes of the Board of origlnatnr:Public works(ES) Supervisors on the date shown. Contact: warren Lai(313-2408) CC., Public works—T.Bell,Construction DECEMBER 03 Cumnt Planning,Conarnn ity Development ATTESTED: , 2002 T-September 2003 JOHN SWEETEN Clerk of the Board of Supervisors and Lad winaemere BLC La Conary,LLC p 3130 Crow Canyon Place,Suite#310 County Adninustrator San Ramon,CA 44583 Attn:B.Olin American Motorists bmurance Company 7470 North Figueroa Street Los Angeles,CA 90041 By - -,Deputy Attn:Patricia R Srebro RESOLUTION NO.2oo2/ 731 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8155, 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: $16,790.00 Auditor's Deposit Permit No. 391439 Date: August 14, 2002 Submitted by: Windemere BLC Land Company,LLC Tax ID Number: 94-329-1516 B. Surety Bond Bond Company: American Motorists Insurance Company Bond Number: 3 S 047 700 00 Date: August 8,2002 Performance Amount: $1,662,210.00 Labor&Materials Amount: $839,500.00 Principal: Windemere BLC Land Company,LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/731 r p m < > --�ilx HA lux 1HAA Ug g�A y8A 53-1p Ax ANX SW�g *99 O V.3 > ll g i ko �jv rC4 -� � � _ g cl ;HIP 9 jigs� IMP � gog 9811 gr rP } me Sy SQ {per Q' C2�q Dgz y v ~ p v y � P svSA `+ lip ,, � > " 0(� taAginph in go 41 IA 2Uy n of l A 114 w w All S8 v 4% ARE P,tt33'�t i1 y �i wit all l m > rn fla JRr � q � It s y _ AYI y tit MONO Ic ® �s� ��_�����1�'Fl:rv�� � •C�t W 09'41 9Stg NOISIAIGenS (30M WOOZ'60 tm i:4 N06'49'35•w NO2'54"44'E aNH �54.454m 4-M qc {O r Sn s ROUBAUO COURT r . ROUBAUO COURT r IiP x ' j R��"n 17,; p-.; (14.400m'MO.) (44.400m WIDE) � JJ ca D4 2 I r p b I -0 W10 a,Mit rG ROTHBURY COURT ki m 4w 3 " ti E9 (45.$DOm WOE) a4 zg a I w � Wo D4 xr N 4 L3 R{vERtANC COURT 3 Z _� V ... L3 U42. Mia '(44.404m"DE) \..,,::✓✓ ( b 4 w ® `m` t\1 \;f co � 11 R u ttt s OV L18 C�i 1r R } LOT 4 LOT 5 SUBDIVISION 8520 -- SUBDIVISION 5620 (44$ M g) •__cas,za 1448M 9 ) `.'# szl5 yina" {� '" `aid �Gy C #Nr ♦A W # # # it gill, -99gyp yz o All Olt Mme! 22wd u y SUBDIVISION 8154 (440 M 14) N00'49'M W 49.637m(M-M) 1 NO2'54'14"E 54.451m(M-M) '- SOUTH BELUNGHAM WAY I --- j�+ (19.2000 WOE) i w � I tl 07'27'41` R=369.4000 l®4$.1050 cl � — N0254'14"E 25.7510 — .... — ——— _.._.-.— — _ N0254'14'E l 23.977m - N3.02'44"W N00'00 47 W NO2`t'11'E &843m19.$$10 19.0080 9.200M 15.134m0v w I r� 00 118.30, I H^ � 19.0000 180000 5.131 N01"24'17`W 74.896m(1) I 57M24'y7`Yl N012a`17'W 49.0$9m(M-M) Y 25.SC7 MPM) - 1$1790 ROUBAUD COURT (14.400m WIDE) I + w N0124'17`W I Ly I N � I 10.838m 5.6920 9 �� I I r�i coCZ l S' f I `19 R2 Np124'17"W t+1 � 31.1710 _ 2.4m PUE C: Y I v � pa ` ND124'17`W a;- 31.1710 � 6 � �. fl ! �'#3 a F f cc cm rn N0124'17'W N0124Y7'W 20.061m 31.171m � m I SEE SHEET 6 ® 0 9C OCI SUBDIVISION 8154' ' 1440 14) 4 a Y' of Ciu ri N0 IS27'W 83.330m(M-M) u WADSOUTH BEWNGHAM WAY kD ffe�y N0433'27"W 71422m N0433`27'W 75.071m.,_ is 16.699m 17.933m 19.000m $ t y 0.833m 19.439tn #�. EK 1,5 PUE(1) { V v fd y f EX 1.5 PUEfLE(2) y rn m z 53 _ yv,!°61 t'� 5.&00m 13.504vn 14.457m 7 i6 . 2m 9� +Lj N04`33'27W 19.104m t} 6-03-09'10- R.500,000m j N01'24'17`W 74M,8 T) ' m t L-27,513m t N0'32 - N 9.11(l- W & 0t110m7' 02S227.2 �A-N) 25 Z ROUIBAUD COURT (14.400m �"" � ! s^ I � ,o f N10E) I• 1x28.721rn i L1t 103`09'10' R-485,600m j N01'24'17"W 4'.00'55'47' L*12°t 3'23 &, 9m Ca. .51.22 ?n R02'S6`41"W �--,.1��29! w to � f 30A77m i4-6! w 4 4mrn 4 Ot V! f 33.808m � fio�j yp o z 2.4m PUE z � f {} N f s* 33-w8m rn C CFO I I` ! z f N004' R f f n � 19,769,784m N 20.50.5rrsf f LE SEE SNEET 7 33..906m8%MN01' W I1 SEE SHEET 6 I m� w ow c WINDEMERE PARKWAY L-1$6.577m(T) Rw1482.300m L47"35'54" 9' y"' /{{ N 1 W .414m woo" •�,0s�'y1� 0 N832532"W 2$.533m 41 4 M. a wCtN744'36" m�w rn c� i 3 a .y 3 3 / 3fid n a 12.30p'" w� N76'27'28°E R` a g},640tN r N 53 r�3 N88S8°r2'W ie wgS4'Z£ C*£C.46N�610'il °;.�� � �� 33,00irn uW9L'st t 'r\ ry04 �u ' 471-45 R . 16 ell N7W4$'2B'C R 12'W t� CD � s+ NBB"5f5 32,274m a £y g40$N sty 'm _ ..,�. --- ++�Ct9'OYs..--'""•. s�" -'' t N84'5753'ER t+'t A u�}$'9k H8858`12"W 32.t41m t3 t N873t'4$'E R CD (30Agl} s� N642B`05"E R IS 15 POE /SE/SLE Ins V180 N ( N8858'12'W t$ Ci 6C $L'$l 30.5$7m ..t r NB$"5S 51" R w a�.r,O.tZ 6BN 5v$62m M1O — ;3 N *y8'r2°W _ r �� 2.4m PU£ 11-04 ri Ngg58'12`W rr i i cn wto 31,283m CP °i n p 3 to•oz ���� � L .$6NBB'S8 14 r2"W 1 32.Oo7m 18 w£Z0$£ 16.800m 32.731m U3 3 SEE SHEET I � p u 't mLn 52 % j Q� sd C, et ' gg lilt ?t, Cn uo R5i Ty . �g...� � ••1 W �9 t4 �J�L p O 1. Cx: N m t MtL.L0. la � (aw1 •g9a .It99. os �'A ZN - 4 Uv9 _ m w96£ yob cr 4k} t4t o i 3 f+ m en t g L}S13 33dld its}w M.ti 9 ziN 4 rY7 `� N !9 ?1 �. OLt�N 0 4.9 9Z� .Z0�t7` w 4'a � �(O 9 woos g0.LOdp CL§`L��, _ { 1 a i Ok 00 w 00 NOO'06'44' R 19.764; NOO'25'42`E R ! L5 rw 16.773; 1&086; u rq wlSl L N0035'101 N00'35'10'E w wt t9'gt 6t gt•14N t 16.607; 18.252; It Ak aa€€ Mat ft.4LNgLOZ t+* W LE EX 1.5m PUEJLE(2) ca 01.0 it K:t !� v �v s _ v3 S4 � W N 3 N N3�30811m .....✓j L � � �....._...�..� t' 9j,6Z.90-7 i2.859m t.1 7m '? � \ �'9f,tC 90 4I"8 LZ,61.IZ � 12.425; NO1161'48"E 81.167m(P) L w4 a 1 4.95am _ N0101'4a E 29.89amT�MaM N01ro1'481 to wtaq s X;ZS L£�N o 28.940m(M-PL) 25,062M(M-PL) a o.9am(�t- } " i{f7NBURY COURT � � l �12331+t}�1 w9sa.o � �1�trolt7) � W �tA 13lf1�� .Za`8 It 6 t.l tw 1 433; N01'0146"E 61.147m(1') 11• t tntsl w049 44.£1 £t�7 12,861; 13a47nr t uyS�S g4eK1 Wg64`TL`r j 1yair 3� ��3x_ . —14.a77m F i tti N0012'24W N00 f2'24 �t qL ik ' 45L °4t ®rf 4` : ¢ 12187; MAWco AtZ u ! 8t 4~{Z}3l/3fki wS'1 X3 s WTV3nd U•91 X3`--•- ( ; i a c9atoN 9Z 9t uWLZ tN wZZOYt 1A.9C,97-WN a M.9C,9 ION 1h t M.9£,9Z.14N ION o c3a 1 o *re IF: SEE SHEET 9 � � ,�� [. 00 g to -e *INDiEkrRr PI R11,, ti N82'19'15°w 27. 2,,, e2.3aom v`n,'J5. 5+ 54, J _ N42' �{. � � •58 20 ` L.189.577,q{r} • �a� N , r ,,1 w 33301m -... } � NNW 3 � .ub� v�m N N88'33'24"E , wpb •�3 N y 30.450m N59 22'22'E R / 5= N48'04'14"E R `? l N89'49'4a"E R N86°33`24'E .762m 9.638m 34.507m N86'33'24"E { ( ! W 31.115m I ' 3 2.4m PUE/TPE/SE/Sa i I i 2.4m PM/?E/SE/%E N88'33`24"E ,^3 32.505m n to { I { s*;t N88'33`24"E { I ! w *� 31.115m h ( I N88'33'24"E v vv 31.726m cn cn N88'33'24"E { cS A J 31.115m NNW 31J26m"E N88'3SWE „ ! 31.115m C7 N86iE .726m to ! I { cc 4 �� w � � I # � ( I v I N8$'33'2+`E N88'33`24"E 31.115m 14.400m N86'33'24E 1 .76 9.38m 31,728m e> SEE SHEET 9 r� o w 0 Q'2-:3:2 Ali N, 'v% C3cl d I m 0 i i I Jig im m FA z.: � ;55" aaaz� R Rafall ���si l rye V/V gyy. 51 SE,E SHEET 8 2.4m PUE/TPE/SE/SLE-+) 2.4m PUE/TPE/SE/SLE r I ! -ted .,pp—.,. fi N8833' "E N68`33'24"E I iscn 14.4DOm N88 33`24E n 9.6mmm 31.726m b ' 2.4m PUE/TPE/SE/SLE 2.4m PUE/TPE/SE/SLE C t- f 3 zi EX 2.4m PUE(2) .•Ik l 69 4 E jr C' EX 2.4m PUE(2) � NOi 0526' R 871432"W 25`130m y S s EX 1.5m PUE/lE(2} FRI 2299 �n X02`02'44" R-990 400m T N 3141 19.586m N88'33'24E 50.352m(T) L-35.359m(T) rn EX 1.5m PUE/LE(2) N89'#7 36"E 1 N8833`24"E 29.781,(M-_� ,1_ N8"3'24 E 81.566m(M-M) 43.059m(-MMT I�" HARCOURT iAY HARCOURT WAY (19.200m WOE I (19.200m 1NOE) L-36.250m(T) i l02'03'26* R-1009.600m N N66'33'24"E 19.5%m N68'33'241 50.919mj� � Q� ti _� r¢ Q EX 1.5m PUE/LE(2)) Oi � 1y1 EX 1.5m PUEAE(�2)m cn 01 EX 2.4m PUE(2) Q f�Ex 2.4m PUE(2) P. 00 00 i i � to to 24tH PUEJTPE/SE/SlE ( N66'33'WE �� L24m P11E/1PE/SE/SLE ^; 10, �� NW'33'24"E 14.400mN88'33'24"E rj 9 32.000m .lt o 31.500m p y��G 'F- G I v Z ui g� 13 to 4.762m 9.63&n 00 p�yy t70 ft C7 07 �MM,,II71 fit Z l 4► co N w a 3,5t,L a oa 00 - 1 02 civ vw O m i CC�`y PIN Ir figrn yyf77AA1 y yy 2SS ®y Vf Uf $y {� y /y r; SSSy igq�,y •� KN y � 4 V! •PAW �r �G K u ro SEE SHEET 11 � n ®� Lm"'g, 1Nll N N24.346'27`W M 615$ZN 6.777m c N2147`.3147 42m ++ZZL'96 00 co 00 cn rm OZ. —_— — ———— 7" W {� t�Ci`1a ta,telrj�/Ger D — 5.24m 16.764m 1678 13.005m N567m —,a iII1I 523�4353 00,?R$R�-9p?107 a 13.829m 51.787m L-47.509m(�,"W 2� 0 0m M(T) to Uv " � r iN26'50`09`W 4 DR4�ANA URT V L.41127m(7)'0"W 51.77m 33N26 1 ". 4.69 16.800m 600m 13.490m _ 9 7z•r i 6+n � � ao N oo w L� 013 �1 va urtZ9'9t W909'9t w9L9'91 ,W90,i•SBZN M•6GJL9ZN N17 1437 W M,9£.91.Z£N Oti IM�y�� cJ1 ,yt0i c Cil rn Ct e' Gpj ^� us q fit v m SEE SHEET 7 � ry 0 M73 7541 R ?i N31.23'251 E ri N69'+2'27'E N69`42'27`E 32.916m 31.565m 3 ( A M co5 cc CA ( I c° co co f I N69'+2 27'E N69'42 27'E 32.324m 31.565m �-2.4m PUE/TPE/SE/5LE zol w a rQ w to w I = I N69'42'27"E r� r'1 N69' 27+�2 27"E I I 31.730m r�7 v C00 A r� ca C 2.4m P! /IK/SES N6942'27E N69'42'27'E I ( 32.965m 31.5& OD w ii`yy' di WI� I d N iL3 Vt � N64'13'22E R N86-OX 1 R .762n 9.63&n N69'42'27'E N6942'27'E ` v _ _ 34.199m 3+.156m z OJ +�� N83 24'10`E R v n N69'42'27'E N} a 2E.977m w � N69'42'2 E cri ".= t¢'P a 10 m• N� dfi 65 29.039m N66'00 WE 53.6310 v F; 0 Q-S-v jig >a. -C") oil wil � m y5�pyyLo �� �., �".+ K h.l 829 "'n, vp 4 � I U Yom. , { SEE SHEET 7 c� e h a2!2foil [=s 4 xn N3 '15 R y N71°44"13'E Pti s .752m V4.b35m 33.728n to N71'44h3'E 34.031m t--2.4rm PUEJTPE/SEJStE CD a a N71'44'13`E 34.332m 00 1 � P'r'1 3 M N71'44'13`E m 34.533m m o€ oo A r 34.93 N34.93 M 5m .752m i �n N d3 N W N5375'21"E R ?� 2a529m(�I t � � N71`44h3' t � SOoTB4m { N51worFYRI l\� 'r m N54 27'S1'w{R) az z,zr 5eN r O �+ Jill to a pp -go �;y gyp+ H l7 yey wl g�ihi kM tp?g � ffi Rj � s✓ . m y� s Lz ; n.. N ✓ �ZZ4'ZL M LZ£fi.40N 05"11'58" R ci V' SZl L20 y 2 N3699'43'E R b N0454'53' R j N3210'34`E R N42'0153 R LS1 ROUMUD COURT N52'45'24"E R v w G7 N04-30'31" R tl N V017 tom+$1'1 C c N y N1776'09' R = ROUBAUD COURT N4319'02' R e C N032S'36' 70 \ M " y ROTNBURY COURT N502'47'E R : a .1 ccis mC,:;o y ROTNBURY �l aIVERUND COURT N6D*345' R COURT NO278'28 R t24 z N05°20'04'E(R) y N23.42'49"€R L23 J N05'30'30"E(R) � sa V . roarm s goo -MIA 5ON G 01 m ;�� y.o a.fr^s•N !�+1,.i rse gww �,'w 19 3 —111§5 W AMR yAyz � � � NO pJ SUBDMSION AGREEMENT (Government code§66462 and§66463) Subdvlsion: SUB 8155(x-ref SUB 7976) Principal: W open ?;.x, L1t4I7 60,j ,c Effec;lve Date: Completion Period: 1 year THE>E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: DEVELOPE&WINDEMERE BLC LAND COMPANY LLC, A California lirrdted liability Company By:LEN-OBS Windemere,LLC, i RA COSTA COUNTY PMCLEAL A Delaware limited liability company Maurice M.Shiu,Public Works Director Managing Member By:Lennar Homes of California,Inc., aging Member By at' tsignaYurel (print name&Title rKn Larson,Vice President t)MNiENDED FOR APPROVAL By; A (signature) Engineering Services=unty (print name&Tit Lynn Joch' ,Asst.Secretary 11 APPROVED: Victor J. Counsel (NOTE: All signatures to be aeimowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§3I3.) 1. PAIKTIB &DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Prim." ,mutually promise and agree as follows concerning this subdivision: 2 �ROyEMENTS. Principal agrees to install certain road itnprovemtnts{both public and private},drainage irr�rovtrr>Cnts,signs,street lights, fire htirants,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 (inch ling future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hems as requit<d by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted constriction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordimance Code,provide as security to the County: A. For Performance and Guarantee: S 16.794jQ0 cash,plus additional security,in the amount:S 1.6610.00 which:together total one hundred percent(100°10)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. ForPM= Security in the amount:$839,500.00 which is fifty percent(50%)of the estimated cost of the work. Suoh securityis preseri ed in the form of Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materi18 to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securies may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. f r .1 4. GUARANTEE ANO WARRANTY OP')ME& Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(I)year from and after the Hoard of Supervisors accepts the work as complete,in accordance with Article 96-4.'s,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. S. ELAM ESTABLISHMOT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant estab<ishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work deterrined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a perioc",of one(1)year from and after the Hoard of Supervisors accepts the work as complete. 6. 1IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as prorm$ed 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 copvlete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necew ary 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 statement by any officer,agent or emplgyee 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 sai€'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 agreevient as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with airy of the terms and conditions hereof. 8. IAtDEMNITY: 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, conunissions,officers,agents and employees. B. The liabilidos protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of action,defined below and including personal injury,death,property damage,inverse condemnation,or any combination ofthese and regardless ofwhether or nofsuch liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and incW,ing the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causinit liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agrecrient 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 prepai d,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification coveri> g 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 therelrr. 10. SURYEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Cormn,issioner-Surveyor before acceptance of any work as complete by the Hoard of Supervisors. 11. KION-PERFORMMCE ANDD COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extens ons,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 cos=.s and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon dernw i. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to corcblete 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 subsegaently 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 .o pay all attorneys fees and all other expenses of litigation incurred by County in connection therewith,even ifPrincipal subsequently proceedsto complete the work. 12. INCORPORATION(A_ EXATION. If,before the Hoard 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,Count}Vs rights under this agreement and/or any deposit,bond, or letter.-of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Princip,.A,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemnity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAI'. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. WUCW GAGrPDMislan VelW==\2002Vu}y'SUBeIssAO.3o.dw CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of f t fyC Yl t C1 --- County of p � On i a :� before me, n �and ,t�C`3l��e �D. Nt D e Hae of Ofiticer �Pblle) personally appeared jss i~S cy,, n oA "1 rA`7n fi b i r Name( of Signer(ii) i6lpersonally 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 4elje/they executed the same in h6%wAheir authorized capacity(ies),and that by .� DEBRA qSHERV60-45 hisAw/their signature(s)on the instrument the person(s), 0 COMl i.#T t31' � or the entity upon behalf of which the person(s) acted, 0 NOTARY PUBLIC-CALfPORNIA executed the instrument. 2 CONTRA COSTA COUNT'& COMM.EXP.JULY_1 b,2M.*] WITNESS my hand and official seal. Slgnatura of Notary P 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) 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 ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator r ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer is Representing: Signer Is Representing: 0 1995 WAIonal Notary Aaamlation-8236 Remmet Ave.,P.Q.Bou 7184-Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Cog Toll-Free 1-800-876-6827 COUNTY OF CONTRA COSTA LO 7C c DEPOW PERMff U OFFICE OF COUNTY.AUDITOR-CONTROLLER TO THE TRi+ASURER: MART E777A.IFORNL4 RECEIVED FROM ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG UTC TASK TION ACTPATY AMOUNT �- Ex L3 8 60 oAIUIYF IV' : ,} t 'sODI �: - I :XPLANATIO V: TOTAL $ t DEPOSIT I I - - Depos*cmists of the folloyting items !` 00 00 �- j COIN and CURRENCY ; CKCIM MO,ETC. $ + ! BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT gyp NUMBER DATE l9 1 43'9 A ASSIGED be amount of rf orrey described above b for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit i,,0,1. County reasurrry.� ( acknowledged. r agned '1 ."} DW-LAA-,'�} Signed Signed: it4e: llx L '; W4 tynv Deputy County Treasurer 4 REV.(7-93) ,, COUNTY OF CONTRA COSTA E'. c.�f 0 r--i DEPOSIT PERMIT OFFICE OF COI.HTY. ITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED MOM ORGANIZATION NUMBER ( • (Por Cash Collection Procedures sea County Administrator's Bulletin 105.) DESCRIPTION PUND/ORG. CBCT TASK TION ACTIVITY AMOUNT L f a t � 1 tic i i I A 1 1 ,1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1i i r r i i i i rrrr � i I t r r r i i trr � i i EXPLANAnC)N: TOTAL $ i DEPOSIT � Deposit consists of the following @terra CONN&dC-URUNCY $ CHECKS,M.0,ETC.. "3– BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT , PERMIT D NUMBER DATE ASSIGNED The anwunt ori:maswsy described above is for Treasurer's receipt of above omownt is approved. Receipt of above amount is hereby deposit s1 County .asury: y osckn-44ged. Signed a *a Deputy go y Aud' � Deputyounty C Treasurer 34 REV.(7-931 000649-9665 1831000: 61093856, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 $11,516.54, SUB 8606 Improvement Plan Check $11 784.00, SUB 8606 Inspection Fee beposit 828800-0800: 61094041, $1.684.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 821500-0800: 61094041, $894.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 819800-0800; 61093848, $14,990.00, SUB 8156 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800. 61093850, $44,330.00, RA 1123 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800. 61093853, $16,790.00, SUB 8155 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon,'CA 94583 819800-0800: G1093854, $1,841.00, SUB 8606 Cash Bond, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 819800-0800. 61093857, $15.000.00, FC Permit #617-00 Cash Bond, City of Brentwood, 708 Third Street, Brentwood, CA 94513 Subdivision: StJB 81&155 1 Bond No.: 3SM 047 700 00 Premium: $8,311»00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AcR.EFMFNT (Performance,guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECt Y aL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision algeemem with the County of Centra Costa to install and pay for street, drainage and other improvements in Subdivision Tract 8155 A--,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. * Phase 1B 2. 0BLICATION: Windemere BLC Land Qg=any,LILC _ _ _ as principal and American X-Qtoris s Ins{trance Campari -- -- a corporation orffiatiized and existing under the laws of the State of Illinois and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assign to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: One Million Six Hundred Sixty-two Thousand Two Hundred Ten Dollars ($1,662,210.00) for Contra Costa County or any city assignee under the above County Subdivision Agreement. D. Payment: Eight Hundred Thirty-nine Thousand five klundi°ed Dollars($839,500.00)to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 ofDivisuan M of the Civil Code of the State of California. A. 'Zhhe Condition of this obligation as to Section(2_A.)above is such that if the above bonded principal, or p,-incipal's heirs,executors,administrators,successors or assigns, shall in all things stand to and abide by and well and truly peep and perform the covenants, conditions and provisions in the said 2.gr;eruent and any alteration thereof made as therein provided, on it or its pan, 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 indemrdfy and save harmless the County of Contra Costa (or city asci iev)its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remabu in frill 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 Centra Costa(or city assignee)in queces0ully enforcing such obligation,all to be taxed as casts and included in any judgement rendered: B. The condition of this obligation, as to Section (2,13.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the Counry of Contra Costa and all contractors,subcontractors,laborers,material men and otherpersons employed in the performance of the aforesaid subdivision agreement and referred to in the'aforesaid Civil Code, for materials furnished,labor ofanykind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the sante 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 fives,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 Suction 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. Nes 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 August 8, 2002 Windemere BLC Land Company, LLC By: Lennar Homes of California, Inc:: its manager PRI° OTAL: $� y`y; American Motorists Insurance qci any Address. 3130 Crow Canyon Placer#310 Address: 7470 North FigueroaStreet City: w San Ramon _ Zip- 94583 City: Las Angeles Zip: jfe9004f__ ". . Print Name: David Evans Print Name: Patricia H. Brebner—_ _ Title. ' Vice President Title: Attorney-in-Fact G t;raDxs; SKl1�rCT7sAL VuI UA CE38 ISD ISN-12 X CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 9, 2002 before me, Gordon J. Peterson, 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. 'a' =DON Witness m and and official seal. 7 Cs DONI ERS°" Commission#1335380 z Notary Public-California i orange County - My co m.E)Piras Dec 17,2005 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: Bond No. #SIN 047 700 00 Number of Pages: Two (2) Date of Document: August 8. 2002 Signers (other than those named above): Patricia Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of Califomia County of Orange On August 8, 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- 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/shelthey 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 i commission#1308738 [[ WITNESS my hand and official seal. Notary Public-Ce11f0miS orange County My Comm.Expires Jun SIGNArQiIRE 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 TITLES) PARTNERS) [] LIMITED ® GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF MAGES OTHER: <SIGNER IS REPRESENTING: DATE OF DOCUMENT :NAME OF PERSON($)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 34067/GEEF 2198 0 1993 NA71ONAL NOTARY ASSOCIATION•8230 Remmet Ave.,P.O.Box 7184.Canoga Park,CA 91909-7184 POWER OF ATTORNEY Know All Men By These Resents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illi< ols, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Jaye Kepner , Mike Parizino , James A. Schaller , Alexis H. Bryan , Nanette Mariella-Myers , Lirda Enright , Leigh McDonough , Jeri Apodaca , Patricia H. Brebner , Suzanne Edwards and Wmnda C. Abel of COSTA MESA , CA (EACH) . thi€air true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of Issuance of:this power for and on its behalf as surety, and as their act and deed: Ary and all bonds and undertakings cEpn6N: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. TFis authority does not permit the same obligation to be split into two or more bonds in order to bring each such brand within the dollar limit of authority as set forth herein. TSIs appointment may be revoked at any time by the Company. Ti-,e execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Cc,?mpany as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. TfJs Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards Of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: 11VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In wsiting and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company tWeto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory In the nature tNoeof, and any such officers of the Company may appoint agents for acceptance of process." TFJs Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following re<3olution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: 11VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing-and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and cedifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to re>;olutlon adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such pr_fwer so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FIS 09 75 (Ed. 09 01) Page 1 of 2 printed In U.S.A. A155 FA`CCO$iq,�-7 9/20/02 Tax Collector's office Willlarnn J.Pollacek 625 Cour{Street Contra County Treasurer-Tax Collector Finance Euilding,Room 100 P.o.Bo),831 ((��`` Joseph L.Martinez Martinez,Caiifomia 34553- Costa Assistant Tax Collector �3 County 0063 Joslyn Mitchell 645 4122 (925)6464135 FAX Tax operations Supervisor Date: 9/2012002 IF 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. 8155 SAN RAMON 68383 Parcel#: 223-100-009-8 223-010-010-5 aril have determined from the official tax records that there are no unpaid County taxes heretofore Wiledon the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the. original principal tip calculate a segregation is Te amount calculated is void 30 days from the date of this letter. SL bdivision bond must be presented to the County Tax Collector for review and approval of 0equacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEIL, Treasurer-Tax Collpctor By: a ,. --