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RESOLUTIONS - 01012002 - 2002-734
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 3, 2002,by the following vote. AYES: SUPERVISORS UILKEM, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTIONNO. 734 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8156,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 8156,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 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 trine and correct copy of an G.QrpDate\E, \sa2ao2\12-03-o2\SUB 8156 BO-21.&c action taken and entered on the minutes of the Board of Supervisors on the date shown. originator:Public Works(13S) Contact: Warren Ixi(313-2408) cc: Public Works—T.Bell,Construction Current Planning,Community Development ATTESTED: DECEMBER'R 03, 2002 T-September 2003 p Windemere BLC band Company,LLC JOHN SWEETEN,Clerk of the Board of Supervisors and 3130 Crow Canyon Place,Suite#310 County Administrator San Raton,CA 94583 Attn:Brian Olin American Motorists Insurance Company 7470 North Figuema Street Los Angeles,CA 90041 By ,Deputy Attn:Patricia IL Btebner / RESOLUTION NO.2002/ 734 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8156, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: December 3, 20102 PAGE: 2 A. Cash Bond Performance amount: $14,990 Auditor's Deposit Permit No. 391431 Date: August 14, 2002 Submitted by: Windemere BLC Land Company, LLC Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: American Motorists Insurance Company Bond Number: 3S 047 70100 Date: August 8,20012 Performance Amount: $1,484,010 Labor&Materials Amount: $749,000 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. 2002/734 mugO ula Agee W � Y p�g {[j��g+ 1 T �4 R 2 � 2 E I oil IOil H mum W, �Y AEY r _ t ig_ i { r ji;jq JIM ,j-11 gill tj I Ji kA 3A tf ll s o � 3 i tz i Jilt � w {{ TM vw >g tip a U} wCDr Pl cn Cn ' . R `2' we tA5 tA4 N 1'54'YI � COW �Y r [—Cn C-7 T 1 m � t'n 2 w CIS yN51 4'27" R y SSX IKL txxlltt r I � tts • ` o w r.®i S ra N422r44` R " mcu $ r¢Y sn 0 cnN$1 9'31° R G Woxo ERS �a a 3 ' O,i q t £ £ ; ILOIV � [1����..rte {C,.fp,-� y', �^[;�j �r.'y �.ry���r��::'�' ": �•-r-. 1� ��s���a�a�����p y� g `ts ia".e1 i!',} i tit'+3i to.�PN C3 F1D V tl+i.W NrL3� V Sn d. i13 Oz VZ to tri Jo W Nzza O""gY^'^X G+Rim c�w 2c5� I S ' 5 +§sib t g wai "d�4 AMA p� "" mea S�ST:;. !a+'a3' Ai. N�. �.+' fa. �.• ��". �i N �+ � on EI r;=) Iilia, z w z MG I .� 58 22. m + R KW 10 z Lr2g 187M 1&It t,Q AE7 PARKWAY (rs A !N7QgS N3831 PARCI n 4 38.3 ��T�12 h,3o' Ssso .�"i2'z�'s1g(>z) OD / A-280.` ,. N127947 09 S �Cti3 'Af7871,29 011 , 1uEhY 24.81Sr �� w. r 7 �� N82t12'S9"ty 3 '�(R Y7"�.w ra,�m M710 110 T I c10 � � /N3334`66" '�. ^ ►r d v 1? N78'24'40" R �5 1.5m PUE � N88'41`47"W 31.729. 3`' ZP f N&311'St R 7 14.227. w` t°'n s.;: •v 3 � tSt j r N87'13'17"W 1p m r K a CS ° i9� #cn or Nb773'17"W 24.923m(M-M) .` `N "SiJt`W ! N7g79 g4 r, #ns " " i pafl.857m(M_M)� e�8?D 49•N 8a 187m(y� i� w# - N87 f3'17"W i Y as N8833'24E 30.584. -9.t; m- a"� Gto r ' r � 12.2d N� q 1.Sm PUE _ 49'W 32 to ma co is rn z N8833'24E 30.584m NWM'24'E 31.532m ao 00 %01 i Ai 2.4m PUE/TK/SE/SLE-"# #+-2.4m PUEfTPEfSE/SlE N88'33'24E 33.b37m N88`33'24E 30.594. '� Fr grn N99'33'24E 74.400. y� S ? _ 2.4.PUEf1PEfSEfSIE +� 9.63drt l8 L2.4m PUE/TPEEJSE/S{E - �1 EX 2.4m PUEo)- !'�--EX 2.4.PUE(1) stria' � # A # oaf Q ��Y� 3✓ 9 �-- IV �ra uI9L0'St" 3 N9933' "24E 25.151. Sy _._ _._..._. ti X55. N9933'24"E S1.443m(T} N9C3324 19.914. 1 V w9L6'zV4oy•is. ig t� 9 BASS 0P BEARINGS 4f TAKEN HERE i 3 Zt N85'33'24`E 81.588m(M-M) HARCOURT WAY N99'3124"E 27.009;;iM-M) SEE SHEET 11 � M R0 JR 0Q SZ I w Ly y IK �.�,��.� � fix• � � 8I 11 8af 3 gig j l SEE SHEET 4 t IL ru 03 N1512'29'E 30.988m 03 Cpl 2.4m PUE/TPE/SE/SLE . 2.4m PUE/TPE/SE/SLE 40 p kmp 31 N1512'29'E 30,903m IIL Ck 9$d0 Ay w N1512'29'E 30.480m > L5 f2• �, P 1 + 35'32- �L. g44m K /�/ why`• s -y.xio N72'11'32" R 5� e3 Py 7yg CO 4✓} g1 N15"12'29`E 23.413m rn / Nt8'37'28'E I N1512'29'E 39.748m(M 46. �p, �s�j i6 �o� Ni512'29"E 23.834m „�„� r' ` ( �•�V EX 1.5m PUE/LE(1) Cy toEX 2.4m PUE(1) �y♦ N1512'29'E 38.950m N1512'29`E 18.800m EX 2.4m PUE(i) r� 00N 32.883m 10.838m 5.982m N1512'29E 30.500m +�+ SEE SHEET 8 2.4m PUE--j -42.4m PUE r _ as Ni512`29'E 32883m ( ( N1512 29'E 30.500m tnY-•sem.+-r�vYN.2: tr�- oil I sEE SHEET 6 CIO it gig? I a I lit I Amil 111 '2.', Pr GROS) NEI 1� JE CPS w� � !i SEE SHFET 5 N151229'E 30:500m N1512'29'E 32.683m 4 + a �► z 2.4m PUE �""„ 2.4m PUE * ro slip cm ) pp ' 1.5m PUE yip -— — N1512'2VE 26.563rn _ k � N1512'29'E 30.500m w rt N151219'E 128.185m(T) s �n � $ = EX 1.8m LE(t) N1512`29'E 15&973m(M-M) SILK HILL COURT ta.958mo l Ni512'291 128.185m T} 'f t&298m 13.692mj9. } f N1512'29`E 30.500rn rn r = d �) �Jl N1512'29'E 30.500m t a�x '� ' carina i N15`12'29'E 1&29$m N1512'29'E 19.812mCA _ N1512'29'E 30.500m g.5 962m F1� _ y N07 08'08`E(R) ;o N1512'29'E 30.410m _. ._...1&298m N1512'29'E 83.651m(T) a , SADDLERS CREEK COURT �g �g !15'M' *E 83.772m(M-M) <M 2.879ns "} N1512'29"E 8&850rn(T) p 1 C4 .6 ,91.5V`L �' Ni51 '9"E 2a.a98m✓ __ m 1&300m 6.75& N1512 z 2U*m P0E N1512'2VE M050 n L5 v m y ry �. N1512' ' 29E 34.550m to ns rn EX 1.&n LE(i)---i 1$.300m 1&300m ! NIS12`29-E 132.379m(T) jig LOT 11 pt, SUBDIVISION 8620 �� � � � � m Mn o w o S2----:3S i 1p� LR N9£.455aN r. Woo .t to SOL Ln �^ n;Jrl� l �i qt N IPA 01 11�_ SI 34u+ 1 W184'0£ Y Crit ® >i ZO,BZ 64N X13 to ^' i Wb45Y7t ".r r. ti ,6Y,8Z.94N rn Q Z' b�n ,762m s.s3e�, 00 k N7447'31`W fn( N C3 to 30.500m nCnA.� N74'47'31'W 1 30.500m 2.4m PUE/TPE/SE/SLE—.-i {-•--2.4m PUE/TPE/SE/$U N74.47'31'W 30.500m { ' } ipf i N74'47'31'W to 30.500m N N747'31"W 30.500m Ir j p, g, ciN74'47'31"W 30-500rn i 1 N7447'31*W 30.500m °' 4 SEE SHEET 6 Ulf UI � , m m 0 w 0 Q' . irl of o r� N m _ C1A O Dp160'58 20 co 4-{0 GJ qq �r�� ra ii u Q4.4549N u46`A'§5 N72'34'24"W 29.164m N72 54'3A" RIP v. .o 44319 R z Cn 4$ N619 / w 4,762m 9.636m N7+'47'31"W 32.905m I u� I N7447'31"W i 33.356m 2.4m PUEMlMAE m �• 2.4m PUE/1PE/sE/W w i ccco I ( I ".1 N7447'31'W 31,483m I I N74'47'31'W 32 449m to x obi w r4 i �I VS N74`4r3i*W 30.661m N74'47'31"W 31.543m w E ra w a i co r 22 i cn N74'47'31'W s N 30.584m i I N74'4r3YW _ 30.636m I � I cc N74"4731^N i �v i s� � 30.564m i N7447'31'W C v i A611m r<•�r�i�i�o � tC! !p 1 w K #� - N74`47'31'W i 4 p PJ cg 30.564m I i 3 3 N7447'3i'W 39.624m f SEE'SHEET 6 WHIM,, I �A ,;j arn IV lot M11, 'D , d �> 20. st � m all " SEE SHEET 11 jAj \ o Al \ t N2073'57'E 18.317mco q �J co yr 18.300m C3 wt90W4tt` �s1r�tg�tiN5t N17°57'10'E 52.541m(T} ; (1}wyY�' t� N.�` STANFORTH COURT xsrsrlo'E 70.72om(N-u) __ w��g•s5 ��.74�Ms� ��°"`'c ��� `� y?, o; 03 N17VlO'E 70.720m{T} f Wtzs`zt�+ wSSt�t ' � co A. J S 2O.OIX7m 22.393m O= 3,ya� y. N171j7"10'E N1757'10"E 3.0t LS.LtN 02 03 03 03 02 0.1 to rn cis SEE SHEET 8 Ctf s A m g o a * fit :3s I HIM;;; cn � C# rm F � � all mil o SEE SHEET 11 n� <r W N28 '481 uT 18.588m S20'25'57"W 18.317m J OV, 14 f4 stir 41 15.841m I fib N175710"E 52.541m(T) Vy STANFORTH COURT Z'0 x } s N17-57'10 70.720m(M-N) �` yl N1757`10"E 70.720m(T) t8 tp:z C4 25.785m Go 03 Go co 511,206MW 51757'10"W 10* co 03 SEE SHEET 8 DW N N <— �„aL£r� x,9►assoNore4 r�ac6tf6N co � � �e4 �,gyl'Z.Li41 w6tZ'44 uW0'<'9i w �.» 03 gl y4 a uaL� v V .a ✓ "' gZ.L4�' 14.379m w s1 IS LB 12.~67 Yl.Z, S.4£°� �3 015.a79m1} gq' q4 qq.a N01'2a'36"W 4y" <1 yq Nd1� Lar N0176'36"W 33.1 M—M yy oti 0 � > ���(}� � i � s M67 c» 14.674m ?r 91. � i I F$' m f c tyo ✓r\ �q4g �i1•aha 333 N f ; sem+.•�� rYi ��L4g ya�� � �' co L+55•g yq h `� � � r.i w4yg 7`E w691•'0Z � zr*r,� wgaZ•S4 (a1a9c.'�o'9aa aa Sy 0 `a ° � a cn 7 SEE SHEET 9 }}nn b ROOM .. „ MET � r, o N 0 Q Pill�A 8 M tin w � fill i 15S.211, w *qffi v 11111'"1 M2 _N1512'29»£ 39 746m tdt i 'IT` HARCOURT' WAY � � l } N151 » .6 �� ✓ ��r z ' to = CYI M3 t p�01N j L14 x a F co co i _ urooczz__„ 1 �*12,30� Z �( ti TEWKSBURY � (1 ryr } M tK? v 76 P +i CIO 014 -< co x z CA i 1 toSd i na w ao r f N1512' 214131 "`CM2 N15�2'29'E9.746 _Ai) M1 N1512'29'E 4p.979m !17 ARCOURT WAY 1 RC1 X52 I 1 rn in 1w i . ., is r t SUMMSIQN AGREEMENT (Government Code§66462 and§66463) SuhJivislon: SUB 8156 f3t F4 principal: W t t.2?fMCZ.f. 31-C. 1tA+J�Q�P.ti`y EMitive Date: - Completion Period: 1 year TIMS1,SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERET0. A CaliforniaLow W2NDEMty BLC LAND COMPANY LLC, A Calimited liability Company By:LEN-OBS Windemere,LLC, MMACOSIACOUNTY P CIPAZ, A Delaware limited liability company Matiice M.Shiu,Public Works Director Managing Member By:L mar Homes of California,Inc., Managing Member By: > (signature) (print nam&Title Don Larson,Vice President $ NDED FOIL AIT OVAL By (signature) Engineering S s 1J&isA0 (print name&Title) -Lyn 7oehinAsst.Secretary I APPROVER— 'Victor J.Westmart,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. PARMBSS&►ATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Cg 'and the above-mentioned mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hX*an%landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as revie<-red and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (incluing future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the.above completion period from date hereof,as requh�d by the California Subdivision Map act(Government Code§§664 10 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 cantlict between the improvement plaits and the County Ordinance Code,the stricter requirements shall govern. 3. MROVEMEMr SEC TY. Upon executing this agreement,Principal shall,pursuant to Government Code §66499 and the County Ordin utce Code,provide as security to the County: A. For P,ggmtance and Guarantee: S 14.490,QO cash,plus additional security,in the amount:S 1,484,010.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of- Cash,certified check or cashiers check. 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 accep ace against any defective workmanship or materials or any unsatisfactory performance. B. Far Past+ Security in the amount:S 749.000.00 which is fifty percent(500/x)of the estimated cost of the work. Such security is presewed 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 materiar_s to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securitifs may be reduced in accordance with§944.406 and§944.408 of the Ordinance Code. 4. Q lAR MTEE AND WARRANTS,'OF WORM{. Principal guarantees that said work shall be free from defects in material or workmanship and shall pi rform 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. ELAbU 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. IMPROVE ENT ELAN W RRANT'Y. Principal warrants the improvement plans for the work are adequate to accomplish the work as pron*r.d 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 of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agre=ent as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with siy of the terms and conditions hereof 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The inda_'tic benefited and protected by this promise are County and County's special district,elective and appointive boards, coninussions,officers,agents and employees. B. The lijbilgics 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 of these and regardless of whether or not wch iiability,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 lis ility are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreertient 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 preparA supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification coveri3ig any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SMS. 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. 1 NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all cods and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon denmi. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to cor olete 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 subsegaentiy 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 attorney's fees and all other expenses of litigation incurred by County in connection therewith,even ifPrincipal subsequently proceeds to compl.�to the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or lett 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 fii1fill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. WL-cw 0AGrpX%riunSS*LAW =\2Mvubosvaarmseo.3o.&c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,tate of trwt`I. County of On 4-(3c - before me, Dke Name and This of CBtoer� e.g.,"Jhnu Doe,Notary bIle) personally appeared ne of Signer(s) [*ersonally known to me–OR–El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)ieare subscribed to the within instrument and acknowledged to me that /they executed the same in hisAw/their authorized capacity(ies),and that by V DE$RA A.SHERWOC}D Dip hrisfheWtheir signature(s)on the instrument the person(s), ccat�+nn. 1315e2 or the entity upon behalf of which the person(s) acted, oTAR'/pUBLiC-CAUFORNiA 9 Y p P ) CONTRA COSTA COUNTY 0 executed the instrument. COMM.EXP.JULY 16,2105"' WITNESS my hand and official seal. Signature o1 Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual 0 Individual 0 Corporate Officer D Corporate Officer Title(s): Title(s): d Partner--❑ Limited 0 General Cl Partner—❑ Limited ❑General 0 Attorney-in-Fact ❑ Attorney-in-Fact 0 Trustee ® Trustee ❑ Guardian or ConservatorMINIMUM Waffifflonaws0 Guardian or ConservatorBEEN Q Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 Wt9onal Notary Association-8236 Rammet Ave..P.C.Bax 7184•Canoga Park,CA 91309-7984 Prod,No,6907 Reorder..Cali Tcq Free 1-800-878.8827 COUNTY OF CONTRA COSTA e ) DEPOSIT PERMIT OFFICE OF COUNTY.AUDITOR-CONTROLLER TO THE T# ASURER: MAIRTIIIEZ ZALIFORNIA RECEIVEDmOM ORGANIZATION NUMBER ISI LIC 2 K (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION RJND/0RG- ACCT, TASK OPTION ACTIVITY AMOUNT $ x, 113) 6 , Is's AloN �Evf 6- 01 : S I &W AL-Er Z,16�JL f LOLL() -U,� -�6o I n M'01 4, t 663 XF'LANATICII4: TOTAL $ �{ DEPOSIT # , Deposit consists of the following item f - COIN and CURRENCY $ CHECKS,M.O,ETC. $ �1 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE � '� AU� AS 'he amount of rr xW described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit intrti►Lie County reasur)� oclmowledged Signed, swwKkt ithe: :( *; 1I X7. Deputy County Treasurer :4 REV(7-99) k COUNTY OF CONTRA COSTA v �a c:�t U r' DEPOSIT PERMIT OFFICE OF COUNTY.AUIWOR-CONTROLLER TO THE TR&%SURER: MARTINEZ,CALIFORNIA RECEIVED FFOM ORGANIZATION NUMBER (orgarg-tion) • (For Cosh Collection Procedures we County Adrninistrator's Bulletin 105.) DESCRIPTION FUNDJORG ASU& TASK OPTION ACTIVITY AMOUNT 1 s 1 I 1 1 I 1 I P 1 1 1 E I r r r s 1 1 r I r r i 1 1 r r r r 1 1 P P r i s 1 i £- 1 I 1 1 1 r 1 i i r r r P l _- 1 r I I i EXPLANATION: TOTAL $ 1 DEPOSIT I Deposit consists of the follawing items COIN ohd�-URUNCY $ CHECKS.M.O,ETC. 3 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DATE ASSIGNED The cmwunt of rrwney described above is for Treasurers receipt of above amount is approved. Receipt of above amount is hereby deposit KrV County ullt } ackr wulpdgecL Sigrwe yigmd Signed: Title '( 7 k .V�CEXL -° ,, ') Deputy Y Aucfl Deputy County Treasurer 34 REV.(7-93)'' 1 000649-9665 / 831000: 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 Deposit 828800-0800: G1094041, $1,684.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 821500-0800: G1094041, $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 RLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61093850, 144,330.00, 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: 61093854, $1,841.00, SUB 8606 Cash Bond, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 819800-0800: G1093857, $15,000.00, FC Permit #617-00 Cash Bond, City of Brentwood, 708 Third Street, Brentwood, CA 94513 Sti3dti'ISIOil: S 8156 t Bond No.: 3SM 047 701 00 Premium: $7,420.00 IMPROVEMENT SECURITY BUND FOR SUBDIVISION•A.GUEMENT (Performance,Guarantee and Payment) (California Government Code §§ 66499- 66499.10) 1. RXCITAL OF SUBDIVISION AGREEMtENT: The developer(principal)has executed s subdivision agreement with the County of Contra Costa to install and pay for street; drainage and other improvements it Subdivision Tract 8156, * ,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 Mate 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. OBLIGATION: _Windemere PLC Land CoUany. LLC aspiincipa.land American Motorists Insurance Com any , a Corporation organized 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, adminisrrat ors, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee. One Million Foto Hundred Fighty-four Thousand Ten Dollars ($1,484,010.00) for Centra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Seven Hundred forty-nine Thousand Dollars($749,000.00)to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division 111 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, car i3rincipal'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 ap-eement and any alteration thereof made as therein provided, on it or its part, to be kept and cnerformed 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 became null and void; otherwise it shall be and remain to full force and effect. As part of the obligation secured hereby and in addition to the fate amount specified therefore:,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by The County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. s. The condition of this obligation, as to Section (2.8.) above; is such that said principal and the undersigned,as corporate surety, are held firmly botutd unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above:stat 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(commenctr g with Section 3482)of Part 4 of Division 3 of the Civil Code,sea as to give a right of action to them or their assigns in any suit brought upon this bund. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void,otherwise it shall be and remain in full force and effect. C. No.alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee) shall relieve the surety from liability on this bond;and consent is hereby given co make such alteration wtthoat farther notice to or consent by the surety, and the surety hereby waives the provisions of California Civil Code Section 281.9 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNEP AtM-SEaLED On August 8-, 2002 Windemere BLC Land Company, LLC By: Lennar Homes of California., Inc. PRINC,VAL* its manager SURETY: AmeLUAn Mgtgriqts Insu _tgngA52 an y Addr s' 3130 Crowe Canwon Place, # 10 Address: 7470 North Fia :eroa Street City. 64U BMn Zip: 945 3 City: L Angeleg Zip: _99C41 .._ .By:,r< By: 16 Print Name. rami d F'.vana_ Print Narme: Patricia H. Brebner_-____ Title: vice President Title: Attorney-in-fact G�GzpL3..r•.�ap-1'.c�W;.rses�0U2dulati`US BISe iS8�:r•l2.do: 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. W ZrERsoN Witness hand and official seal. + Commiaaionai!1335 Notary Public.cailtarais Orange county My Crxr+m EV4=Dec 17,M 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 !_ennar Homes of Califomia. Inc. DESCRiPTON OF ATTACHED DOCUMENT Type of Document: gond No. #SM 047 70100 Number of Pages. Two.(2) Date of Document: August 8. 2002 Signers (other than those named above): Patricia Brebner s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na.5907 State of California 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/she/they executed the same in histherltheir 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. n:Q�A�Lj"ISt.BR'I'AN WITNESS my hand and official seal. Comion 0 13013738 Notary Public-Cath mia orange Counts► r SIGMA E of NOTARY W comm.Expires Jun 1,2005 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 DESCRIPTION OF ATTACHED DOCUMENT [� INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(s) PARTNER(S) LIMITED GENERAL ( ATTORNEY-IN-FACT TRUSTEE(S) f GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT F AME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 4467MEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Canoga Pana CA 91309.7184 POWER OF ATTORNEY :;now All Men By These Presents: that the i_umbermens 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 11`1nols, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hareby appoint Jne Kepner , Mike Parcizino , James A. Schaller , Alexis H. Bryan , Nanette Mariella-Myers , LindaEnright , Leih Donough , JerC Apodaca , Patricia H. ebner , Suzanne Edwards and onda C. Abel of COTA MESA , CA (EACH) . tr elr 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: Airy and all bonds and undertakings j EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver any bond or undertaking which gv..arantees the payment or collection of any promissory note, check, draft or letter of credit. Thais authority does not permit the same obligation to be split into two or more bonds in order to bring each such bnd within the dollar limit of authority as set forth herein. Th=is appointment may be revoked at any time by the Company. Te execution of such bonds and undertakings In pursuance of these presents shall be as binding upon the said C�mpsny as fully and amply to all Intents and purposes, as if the same had been duty executed and acknowledged by,their regularly elected officers at their principal office In Long Grove, Illinois. This Power of Attorney Is executed by authority of resolutions adopted by the Executive Committees of the Boards ofDirectors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are he°einafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated In wrting 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 ft-reto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called anzl held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated In wrlting-and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and cerifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resAution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such povfer 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." FK 09 75 (iii. 09 Cil) mage 1 of 2 Printed In U.S.A. j vt r-vv d r Tax Coilectoes Office `ullliam J.Pollacek aunty Treasurer-Tax Collector 625 Court street Contra Finance BlAlding,Room 100 P.0.Box 1331 f1� Joseph L.Martinez Martinez, 3alifomia 94553- Costa Assistant Tax Collector 0063 (825)646-3122 County Joslyn Mitchell (925)6484135 FAX J Tax Operations Supervisor ®ate: 9/20/2002 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/MS# City T.R.A. 8156 SAN RAMON 66383 Parcel#: 223-100-005-8 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. T die 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 to calculate a segregation is TIe amount calculated is void 30 days from the date of this letter. Sabdivision 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. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: • - t In Teimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this November20, 2001. Attest-'ad and Certified. Lumbermens Mutual Casualty Company American Motorists insurance Company American Manufacturers Mutual insurance Company e uuarors oar,ow.m� oh K. Conway, Corpor Secretary Gary J. ly, for Vice Pr t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria 1. Omorl, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me t) be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Maw facturers Mutual insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day In person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free. and voluntary acts for the uses and purposes therein set forth. "{3FFICIAt SEAL" rY NMAW PIJBt.K,STATE OF ILLINOIS, �Ih'caw+�sSlcD Vmw 17 79D3 Maria I. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION I, J K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Ins0rance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated November2D, 2001 on behalf of the person(s) as listed above Is a true and correct copy and that the same has been In full force and effect since the date thereof and Is In full force and effect on he date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attrney as Senior.Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company. IN !'ESTIMONY WHEF EOF, i have hereunto subscribed my name and affixed the corporate seal of the Lumbermens MLrual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual ins{arenas Company on this 8th day of Augur , 20 02 �MroLOM no Joh K. away, Corporate Mrstary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named the L1rein and they have no authority to bind the Company except in the manner and to the extent herein stated. Hc-me Office: Long Grove, It.80049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed In U.S.A.