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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-736 n� F THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 3, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002'/ 736 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8618,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 8618,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: WL:cw 0:4GrpData\Enguvc\BO\2002\12-03-02tiSUB 8618 B0-21.doc originator:Public Works(ES) Contact: Warren Lai(313-2408) I hereby certify that this is a true and correct copy of an action taken c: Public Works T.Bell,Construction and entered on the minutes of the Board of Supervisors on the date >: Current Planning,Community Development shown. T—10-03-03 i Windemim BLC Land Company,LLC 3130 Crow Canyon Place,Suite 310 DECE[�EIt 03 � � San Ramon,CA 94583 ATTESTED:_ , Atm:Brian Olin JOAN SWEETEN,Clerk of the Board of Supervisors and County St.Paul Pim and Marine Insurance Company Administrator 333 City Blvd.West,Suite 1100 Orange,CA 92868 Atm:Patricia H.Brebner By ``�— ,Deputy RESOLUTION NO.2002/ 736 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8618, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District 111) DATE: December 3, 2002 PAGE: 2 A. Cash Bond Performance amount: $1,080 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: SV9483 Date: August 1, 2002 Performance Amount: $106,920 Labor&Materials Amount: $54,000 Principal: Windemere BLC Land Company, LLC III. Tarr Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLtlTION NO. 2002/736 So vet IA -jo }4 Y ' �fA vat rp, xi ,. L - � � ✓ fid' � L W t fA r- 7t A n M n r 9 An Ta • F � s Ira a w tit Mx y t' 12A 12 3 y � Qk 91 S r /,,,_1�{ti's trt6Y59a30Wt5E iy SdM 111 j '7•43f�E{I�� C� 40 70 � yv e�slf �y pN 7 4 sw�t� 22.OIlOm 6.535m Nt836`t € 41-051 l5'06w R , M +AE Jw N282154E WE R ' N124fWE R Ntti"31'i$'€ 37.20M(T) to j N N21153'Stl R i N2"134`E t5f �� (� 2a�,Qj 1.•-2,4m PUE/SYEI$E�'iPE ;e, :s Ni63t`1� � p ,v� x9.4tOm J jA qr PU€AL i I40, vat BOO k 448 OVA Rfig + Z pP COUNTY OF CONTRA COSTA DEPOSIT PERM OFFICE OF COUNTY AU61TORt CONTROLLER TO THE TOEASUR ER- MARTINEZ,CALIFORNIA RECEtVED FROM ORGANIZATION NUMBER (For Cash Collection Procedu m—see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. QCT TASK �OPTION ACTNITY AMOUNT s Y UM rEX ,! y -- 61 V./4 kt;,!!!�6� Ito r T ' � ' .� } JA FIE4 I 03A mc 6 r r 5 rIETA I rl f'J oouw5l �4EJ 0 1)q ,�; ��LO F j T 0))01 EXPLANATION: DEPOSIT Deposit consists of the following items �l�r ,t.,Iclzr 00914 and CURRENCY $ CHECKS,M.Ck�ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE OW DEPOSIT PERMIT D NUMBER ASS JR1338 AWAY0 The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount.is hereby depas.tato Canty T uxy. cckraowlesiged A Title . t r LxT. ' f 2r-. �. +-34REV.(T-931 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subd[Nision: SUB 8618 7Q 6S- Principal: --____--Windermere BLC.LLC Effecriive Date: —1715 5 OLS Completion Period: 1 year THEE SIGNATURES ATTEST TO THE PARTIES"AGREEMENT HERETO: DEVELOPER:WINDEMERE BLC LAND COMPANY LLC, A California limited liability Company By:LEN-OBS Windemere,LLC, CO ZA COSTA COI. X PR�TCIE'AL A Delaware limited liability company Ivisuri It ;e M.Shiu,Public Works Director Managing Member By:Lennar Homes of California,Inc., Mara ' Member L_(signature) �Y '` � (print name&Titl } Don on,VicePresident REQ_(,-%_NZMED FOR APPROVAL By: rig— (signature) Engineering Servi ion (print name&Title Lynn J Asst.Secretary EQWI�AMQ Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,sigmimes must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&BATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned mutually promise and agree as follows concerting this subdivision: 2. D'HOVEMIIdTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrawA,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on filo with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amends tents thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereo&as required by the Calfomia Subdivision Map not(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practice 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 betweesi the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. 1MPROVI~boa SECS. Upon executing this agreement,Principal shall,pursuant-to Government Code§66499 and the County Ordit wm Code,provide as security to the County: A. Fm Ped= Anes and Guarantee• $ 1.080.00 cash,plus additional security,in the amount:S 106920.00 which hgether total one hundred percent(100°/x)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 aeceptOvc against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount S 54.000,00 —which is fifty percent(50°1x)ofthe estimated cost ofthc work. Such security is presented in the form of: Cash,certified check,or cashier's check _,X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities maybe reduced in aocorAncc with§944.406 and§94-4.408 of the Ordinance Code. 3. 0MRAME AND WARS?A_NTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall 3erform satis#actorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 95.4.6, '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. i. FIAM ESTABLISIdMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant sstablishmen work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and othexwork determined 3y the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of ale(I)year .'rorn and afl :r the Board of Supervisors accepts the work as complete. i. j PRO PIwA_N WARRANTY. Principal warrants the improvement plans for the work arc adequate to accomplish the work as promised in Section 2 ane: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 luring the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the dans to accof nplish the work as promised. �. i WAMR BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or .mployee of€:me 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 fasterials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as srescribed;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 Ind conditions hereof. 1. JQ)FI+ ITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions;officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred orthreatened bescausseofactions lefined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such iability,claire;:or damage was unforeseeable at anytime before County reviewed said improvement plans or accepted the work as complete and including the lefense of an, suit(s),action(s),or other procceding(s)concerning said liabilities and claims. C. The actionscausing liability are any actor omission(negligent or non-negligent)in connection with the matters covered bythis Agreement .nd attributab a 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 irepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering sly of theses B,Atters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. s. ,rte.M: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 0. MMYS. Principal shall sant and establish survey monuments in accordance with the filed mnp and to the satisfaction of the County Road :ommissionw-Surveyor before acceptance of any work as complete by the Board of Supervisors. 1• ty-P FORMANCE AND C 11:IfPrincipal fails to complete the work within the time specified in this agreean rat,and subsequent cdcrisions, it fails to malitain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and barges incurnd by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Prirwipal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to omplete and6r 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 ifPrincipal subsequently ompletes thee work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees pay all attorr:ey's fees and all other expenses of litigation incurred by County in connection therewith,even ifPrincipal subsequently proceeds to complete the vork. 2. IR1RAT T{}N/ANTrTFXATTQN. If,before the Board of Supervisors accepts the work as completes,the subdivision is included in territory incorporated ai: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 :iter oferedit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party ben Principal, rho shall fulfill all the terms of this agreernesnt as though Principal had contracted with the city originally. The provisions of paragraph (Ind ity)shall ontinue to app<ly in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 3. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. L:r J&d :GMD&B\&WSvc\1'artm\WWACDUelVMap I Ib 861BMII AG-34.daa w.Ocksbu 25,2M. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of ��' t On � before me, a A - .'Y Y)I [X We Name and Title ofOfficer(e.g.,"JanA 60e,Notary Pub personally appeared CTt ht�C tf11 YVt, %me(s)of Signer(s) *ersonally known to me-OR-0 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 fiche/they executed the same in hi&Aw/their authorized capacity(ies),and that by -'j'°( kaer/their signature(s)on the instrument the person(s), V- D:RAA 135&Z or the entity upon behalf of which the persons) acted, n.�Ta�sse2USUC-cAUFORNlAO executed the instrument. COSTA COUNTY acs,gut Y a. WITNESS my han nd official seal. 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 fora to another document. Description of Attached Document Tittle 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 0 Individual 0 Corporate Officer rl Corporate Officer Title(s): Title(s): © Partner—0 Limited 0 General ® Partner—Cl Limited ❑ General • Attorney-in-Fact Cl Attomey-in-f=act O Trustee 0 Trustee 0 Guardian or Conservator 11 Guardian or Conservator 0 Other: Top of thumb here 0 Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01995 N.if ial Notary Association•6236 Rommet Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7154 Prod.No.5907 PAorder:Call Toll-gree 1-800-876-M7 COUNTY OF CONTRA COSTA ( C DEPOSIT PERMIT OFFICE OF COUNTY AUD17 3R-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA 14 RECEIVED FROM ORGANIZATION NUMBER " 4C, I , J� (Far Cosh Collection Procedures sae County Administrator's Bulletin 105.) SUIL DESCRIPTION FUt�JORG TASK TION ACTIVITY ANX)UNT ACCT: 7f 3a7,5001. 2 ? C ;1 } } } } } w } E } } } } 1 i ,,: } t i i i f } } t--! } } 1 1 i t 1 } } 1 t 2 t 5 } } 'a E 1 1 i i 1 1 EXPLANATK)N: TOTAL $ DEPOSIT Depout cwsists of the fob ing itenm COIN and CURRENCY $ CHECKS,AQ,ETC. $ I"DEPOSITS $ – fOR AUDITOR-CONTROLLER USE ONLY DEPOSIT � ) PERMIT DP NUMBER DATE / ) 1 ll ASSIGNED _ Tho amount o.money descril3ed above is for TreasLWs receipt of ob"amount is apprrrved. Receipt of above amount is hereby deposit mo tl County Treasury. acknowledged. Signed: � G Data ` swwct itle: r.3 (' i{E?CT. unty Audi Deputy 9--*—i 04 REV.(7-43) 000649-9665 1 831000: 61107780, 132,500.00, 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, San 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, $12,750.00, SUB 8153 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 Subdivision: X8618 Bond.No.: SVY9483 Premium: $267.00 IMPROVEMENT SECURITY ROND FOR SUBDMSfON AGREEMENT (Performance, Guarantee and Payment) (California government Code 0499 - 66499.10) 1. ,RXQTAL_OF 5UbDNISION AGR : The developer.(principal) has executed a subdivision agreement with the County of Contra Costa to install and pay for street,drainage and ocher improvements in Subdivision. 8618 , 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.ftnal map or parcel reap for said subdivision 2. ORL ICATION: Windemere BLC Land-C2PRgny, 'LLC as principal and St. Paul Fire and Marine Insurance CoaiapAAy. a corporation organized and existing under The laves of the Stare of 14innesota. and authorized to transact surety business in California, as surety, hereby ,jointly and 'severally bind ourselves, our heir's, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows. A. lPerformance and Guarantee: One Hundred Six Th6u4and Nine Hundred - T`wenty and t}01i00 Dollars (S 106 920.00 . }for Contra Costa County or any city assignee under the above County Subdivision Agreement 113. Payment: Fifty--Four Thousand and ON 100 Dollars (S_ 5 .(}04 00 )to 9== the claims to which reference is made in Title X`V (commencing, with Section 3082) of Pan a of Division ill of the Civil Cade of the State of California. 3. Ct IT1©N A. The Condition of this obligation as to Section(2 A.}above is such that if the above bonded principal, or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and peiform`the covenants, conditions and provisionsin the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee) its officers, agents.and employees, as therein stipulated, then this obligaTaon shall become null and void, otherwise it shall be and remain in full force and effect. As part of The obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attomey's fees,incurred by The County of Contra Costa(or city assigner)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. W The condition of this obligation; is to Section (2.B.),ANb ve, is such that said principal and the undersigned, as corporate surety, are held firmly hound .unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the perfonToxice of the aforesaid subdivision agreement .and referred to:in.the aforesaid Civil Code, for materials furnished, labor of any kind,or for amounts due wider the,Unemployment Insurance Ace with respect to such work or labor and that said surrety will.gay,the same in an amount not exceeding the amount herein above set forth and also,incase suit is broiight upon this bond,will pay, in addition to the fact amount thereof,reasonable costs,expehses and fees,.including reasonable attorney's.fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing ing such obligation,to be awarded and fined 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 b'cnefit of any and all persons,companies and corporations entitled tri to clans under Title 15(commencing with Section 3082)of Part a of Division 3 of the Civil Code,so as to.give a tight of action to them or their assigns in any suit brought upori 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 Bill-force•and effect C No alteration of said subdivision agrcernerit or any-plan or specification of sad ivork agreed to by the principal and the County of Corns Cosia(car'city assignee)shall relieve the surety from liability on this bond;and consent is hereby giveri to snake surd.alt.04tion without further notice to or consent by the surety; and the surety hereby waives the provisii.ons of Califorcua Civil Code Section 2819 and holds itselfbound without regard to and indcpendemly.of any action against the principal whenever taken SI©NEDA SRwLS.D on. August 1, 2002. WIMEMERE BLC LAND COMPANY;. LLC By: LENNAR HOMES OF CALIFORNIA, INC. ST. PAUL FM AND MARINE PMCii'AL: ., -its manaplar SURETY: i Address. 3130 Crow Canyon. Seib 3QQ Address 333 City Bid. [Meet, Suite 1100 vity. San Ramon ip. 94583 City- OranCb Zin 92868 By. .13y Print Name: Pt m Name_ ]Patricia H. Brsbue7r ltcrc �'itic s• � Title- Attorneyin-Fact �'OgsD.i.1�c $rt�w.mnw.sesyYat.�s 13a tOtlWtlQT�.tw . i ' .w CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Oran-ge Can August 2. 2002 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. DONALD1; Commtsslon#1 t1M z Notary R&AId-Cafforric orange Courcy My Comm."cxomsAprI6.2034 f 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—dice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Securit+Bond No. SV9483 Number of Pages: Two (2) Date of Document: August 1. 2002 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 140.5907 State of Califomia County of Change On August 12002 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DoE,NOTARY PUBLIC" personally appeared Patricia H.Brebner t 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 hislher/their authorized capacity(ies), and that by his/heritheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALr-XIS H.BRYAN commission 1306735 WITNESS my hand and official seal. Notary Fubfic-Celitortwla Orange County � y "' My Comrrr.I�xplres Jun 1,20115 1 SIGNATUT 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 CLAIMER BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT" INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED H GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT I�ANIE OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 3087/GEEF 2/98 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 99309-7184 71 StPaul 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 Pn99W�'"of Attorney No. 22775 Certificate No. 1401129 j2 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the Iaws of the State of New York,and that St.Ptui Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the lz'ws 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 Fidelity and Guaranty Insurance Company is a corporation duly organized trader the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc. a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies'), and that the Companies do hereby make, const tute and appoint James A. Schaller,Fonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright, Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan of the City of Costa Mesa ,State California their true and lawful Attorney{s}-in-Fact, each 9 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, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN*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 9113: e+ s ti,N 1kS� t,xa � "err j$a=T ?�58AL II W Y JLL � HMa��Ty 177' 1$�i1 PETER W.CARIVIAbt,Vice President State w£Maryland City of,'.Baltimore THOMAS E.HUISREGTSE,Assistant Secretary On thi€ 4th day of October 2001 ,before me,the undersigned officer,personally appeared Peter W.Carman and Thoms,3 E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marink,;Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United states Fidelity and Guaranty Company,Fidelity and Guararsiy Insurance Company;and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Cvmpanies;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 corportitions by themselves as duly authorized officers. In Witless Whereof,I hereunto set my hand and official seal. My Cof omission expires the 1st day of July,2006. P � REBECCA EASLEY-ONOKALA,Notary Publirl 86203 Rev.7-2002 Printed In U.S.A. TT-is 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.0d 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 Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and effec%reading as follows: Rt,SOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to»aid business may be signed,executed,and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in act>ordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, un ler their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and th'seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes onl.Y of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any sur is Power of Attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company,and any such power so exe-uted 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 whs'6 it is validly attached;and RE3OLVED FURTHER,that Attorneys)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Aw rney issued them,to execute Iand deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other wriiings obligatory in the nature thereof,and any such instrument executed by such Attorney(*in-Fact shall be as binding upon the Company as if signed by an Ext? utive Officer and sealed and attested to by the Secretary of the Company. I,Thot%as E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Pau#Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,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 effewt and has not been revoked. IN TE.%VIMONY WHEREOF,I hereunto set my hand this i s t day of August 2002 w.^ ear vwtar iM'�gTt� T$ e �s.t Thomas B.Huibregtse,Assistant Secretary To verif,the authenticity of this Power of`Attorney,call 1-800-421-3980 and ask for the Power ofAtt`orney clerk Please refer to the Power of latorney number,the above-n0ned individuals and the details of the bond to which the power ly attached 85518 FATCOF$$I* -2 9/20/02 Tax cc;iiectoes office Nililam J.Poilacek 625 Cud#Street Contra County Treasurer-Tax Collector Finance,.8ulkfing,Room 100 P.0.Bck 631 (�'hC' Joseph L.Martinez Martinez:California 94553- CoSta Assistant Tax Collector 0063 �., ` (925)64}1-4122 Co u n t �/ Joslyn Mitchell (925)64["135 FAX _'ll 'rax Operations Supervisor Date: 9/20/2002 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2002, THIS LETTER IS VOID `l' lis will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8618 SAN RAMON 68383 Parcel#: 223-100-009-8 223-010-810-6 acid have determined from the official tax records that there are no unpaid County taxes heretofore laded on the property included in the map. The 2002-2003 tax lien has been paid in full. 0€ar 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 Ttie amount calculated is void 30 days from the date of this letter. Sbdivision bond must be presented to the County Tax Collector for review and approval of a(Iequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax C Ilector By: