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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-281 7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTYCALIFORNIA Adopted this Resolution on May 6,2003,by the following vote: AYES: SUPERVISORS GIOIA, UIUQM, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT`, IIx SEAT VACANr RESOLUTION NO. 2003/ 281 SUBJECT: Approval of Road Improvement Agreement for Concord Avenue, RA 1140, Brentwood Subdivision 8089, being developed by Pulte Home Corporation, Brentwood area(District III). The following document was presented for Board approval for Concord Avenue, road acceptance file RA 1140 (Brentwood Subdivision 8089) property located in the Brentwood area, Supervisorial District M. A Road Improvement Agreement with Pulte Home Corporation, principal, whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of overlay, road widening,curb, sidewalk and storm drainage. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors originator. Public Works(es) on the date shown. Contact: Chris Lau(3)3-2293) CL rm MAY 06 2003 Q:��Ixat& s��cs\zoa3\s-as-o3�1140 so-Isaac ATTESTED: MAY cc: Public Works-T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and Current3ffiPk Conaramity Development County Administrator Pulte home Corporation Lias Esker 772 Centennial Place Brentwoaa,CA 94313 By ,Deputy Safeco Insurance Company of America Amy Callahan V 2800 W.Higgins Road,Suite 1100 Hofhnan Estates,IL 60159 RESOLUTION NO.2003/ 281 CERTIFIED COPY OF RESOLUTIONS OF THE BOARD OF DIRECTORS OF PULTE HOME CORPORATION I, Nancy H. Gawthrop, hereby certify that I am a duly elected and acting Assistant Secretary of Pulte Home Corporation, a corporation authorized and existing under the laws of the State of Michigan; that attached is a true copy of the resolutions adopted by the Board of Directors of the Corporation at a special meeting duly called and held on July 19, 2001, in accordance with the provisions of Section 521 of the Michigan Business Corporation Act; and that such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of Incorporation or Bylaws of said Corporation. WHEREAS, Pulte Home Corporation (the "Corporation") desires to authorize, Curtis H. VanHyfte to issue powers of attorney on behalf of the Corporation to various employees of the Northem California Division (the "Division") of the Corporation, which may be filed in a county within the Division. NOW THEREFORE, BE IT HEREBY RESOLVED, that the Corporation hereby appoints Curtis H. VanHyfte as its Authorized Agent for the purpose of issuing specific powers of attorney to employees of the Division, enabling such employees to act for the Corporation's Division, such powers may not be modified in any way from the wording listed below (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Corporation of finished homes or homes to be finished(together in each instance with the finished lot for the home), provided, however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any Iand whatsoever; (2) Enter into and execute any and all deeds, agreements, or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the sale by the Corporation of finished condominium, townhouse, or duplex units and any land associatedvith such finished units; (3) Enter into and execute deeds and/or plats of dedication, subdivision, resubdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Corporation; re-zoning applications, proffer applications and amendments Y and proffer agreements and other similar documents related to the development of real property owned or under option by the Corporation;and (4) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of and on any property owned or under option by the Corporation. FURTHER RESOLVED, that Mr. VanHyfte has the power to grant or terminate the specific powers of attorney listed above, but he may not authorize any other individual to grant or terminate such powers. FURTHER RESOLVED, that Mr. VanHyfte has the power to terminate existing Powers of Attorney for the Division. FURTHER RESOLVED, this power of attorney is not a statutory power of attorney under California Probate Code §4451. The attorney in fact is granted only the powers specifically set forth above. FURTHER RESOLVED, that any Power of Attorney granted by Mr. VanHyfte shall expire at midnight on June 30, 2006, unless extended or revoked by the Corporation prior to such expiration date. IN WITNESS WHEREOF, I have hereto set my hand and affixed the seal of Pulte Home Corporation this 19th day of July,2001. 41 .Nancy H awthrop, Assistant Secretary Pulte Home Corporation Seal-Michigan X STATE OF MICHIGAN ) COUNTY OF OAKLAND ) On July 19, 2001, before me, Carole A. Hacker, a Notary Public in and for said State, personally appeared Nancy H. Gawthrop, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. CESS my hand and official seal. Carole A.Hacker My Commission Expires: 9/8/2W0, 3 w#i UNii7iiiON i:JN"fREq Sep 8,6V WT - C)` e(e When Recorded Return To: Del Webb California Corp. Attn: Legal Department (Ll1 lZl"PUBLIC RTI..E CO. 985 Sun City Lane Lincoln, CA 95648 BY PULTE HOME CORPORATION POWER OF ATTORNEY AND GRANT OF AGENCY KNOW ALL MEN BY THESE PRESENTS, that PULTE HOME CORPORATION (the "Corporation'), a corporation organized and existing under the laws of the State of Michigan, authorized to do business in the State of California, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, (1) revoke and rescind and terminate any and all powers of attorney previously issued by the Company to the following employees(s) of the Company recorded in Contra Costa. County, California; Al Jeremias and Randy Paul, and (2) constitute and appoint the following employees(s) Igor Noriega, Granville Flagg, Mark E. Kaushagen, Gary 'A. Sorrels and Judy B. Gerry as its true and lawful agents and additional attomeys-in-fact in Contra Costa County, California, to act for and on behalf of the undersigned Company in its name,place and stead, and for its use and benefit, in the following respects: (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Company of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements, or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the sale by the Company of finished condominium, townhouse, or duplex units and any land associated with such finished units; (3) Enter into and execute deeds and/or plats of dedication,subdivision, resubdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Company; re-zoning applications, proffer applications and amendments and proffer agreements and other similar documents related to the development of real property owned or under option by the Company; and (4) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of and on any property owned or under option by the Company. This Power of Attorney shall expire at midnight on June 30, 2006, unless extended or revoked by the Company prior to such expiration date. IN WITNESS WHEREOF,. PULTE HOME CORPORATION, has caused its name to be hereunto subscribed by its Authorized Agent for Summerset at .Brentwood, whose signature is acknowledged by two unofficial witnesses,this day of Z,,dZ,xs carr"I PUL,TE HOME CORPORATION Unofficial Vitness Johoadwick Authorized Agent U (ficial Witn-s STATE OF ARIZONA, ) SS. COUNTY OF c! ) f7nicr y MJ , before me, a Notary Public in and for said State, personally appeared John Chadwick, personally known to me to be the Authorized Agent of PC/BRE WHITNEY OAKS L.L.C. whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Name: My Commission Expires. %L sou CASs I'.-,=RSHNEfi Rotary Pub%.SUts Of Artz"A MARICOPA COUNTY MV Com EWN March M 2003 i REVOCATION OF POWER OF ATTORNEY This revocation of power of attorney is made as of /0/1 9 2001 by PULTE HOME CORPORATION, a Michigan Corporation(the"Corporation"). WITNESSETH: WHEREAS, on August 25, 2000, the Corporation issued a power of attorney granting power and authority to act on behalf of and for the Corporation to Al Jeremias, such power of attorney being recorded in Contra Costa County, California; and NOW THEREFORE, the Corporation does hereby give notice that the powers of attorney granted to-Al Jeremias by the power of attorney-issued on August 25, 2000, filed in the California County of Contra Costa, is rescinded and revoked,effective immediately. WHEREAS, on April 21, 2000, the Corporation issued a power of attorney granting power and authority to act on behalf of and for the Corporation to Randy Paul, such power of attorney being recorded in Contra Costa County, California; and NOW THEREFORE, the Corporation does hereby give notice that the powers of attorney granted to Randy Paul by the power of attorney issued on April 21, 2000, filed in the California County of Contra Costa, is rescinded and revoked, effective immediately. IN WITNESS WHEREOF, for and on behalf of Pulte Home Corporation, John Chadwick, as Authorized Agent of Summerset at Brentwood, has caused this Revocation of Power of Attorney to be executed and witnessed by two unofficial witnesses. PULTE ROME CORPORATION L Unofficial Witness Jo adwick Atfthorized Agent U official Witnes STATE OF ARIZONA } SS. COUNTY OF ) On Zlq-e<-qaN L , before me, (13,f-� - � ,+7 , a Notary Public in and for said State, personally appeared John Chadwick,personally known to me to be the Authorized Agent of PC/BRE WHITNEY OAFS L.L.C. whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his'Signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Name: My Commission Expires: of"�L VOL CAS$ivKERSHNER Notary Pub%-stab ni Arizona MAR{COPA COUNTY My Coma Edna Ard 22.2003 7 ISCLIIVIHCY'CIR'T33 The undersigned hereby certifies that he is a duly elected and qualified officer of Pulte Homes,Inc.,a Michigan corporation C'Company). The undersigned Anther certifies that the names,titles,and true signatures o�the employees authorized to sign any applications for letters of credit on behalf ofthe Company and its subsidiaries in connection with letters of credit facilities and to sign surety bonds on behalf of the Company in cormection with surety arrangements are as follows: Name Position Signature John R. Stoller Vice President& Secretary Julia T. Corcoran Accounting Manager Vincent J. Frees Vice President& Controller Maureen E. Thomas Assistant Secretary Bruce E. Robinson Vice President&Treasurer w Calvin R.Boyd Director of Treasury Operations ' Jane K.Hotting Director of Corporate Accounting )r-y-_ Colette IL Zukoff Director of Taxation Suzanne Treppa Tax Manager Robert Porter Senior Treasury Analyst - --°—"�' Y Bated: October 23, 2002 Signature. 77 Ma.►vK,saoo Name: Vo hn R. Stoller Title; Secretary COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COl CITY AUDITOR-CONTROLLER TO THE TREASURER- MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER 7 (For Cash Collection Pmca"Gs see County Aciministm tar`s Builstin 10&) DESCRIPTK)N FUND/OWI ASCU& TASK TK)N ACTIVITY AMOUNT $ t # ALAtwi L4-, 1. '1 5D M2156 S 5 8 # 410 # mC C�c`!L/ eT'e �. � # Q 7491:90 06 - 1 ILIA I - ReIT191-1 # 523I I I Ll I I I I I I I I L_ I I LA I i E Ald oo # t EXPL DEPOSIT # =- Deposit consists of theite ioNvwing ms � . COIN and CURRENCY $q, CHECKS,MJM ETC. $5�3 Z.00M BANK DEPOSITS $ FOR AUMOR-CONTROLLER USE ONLY DEPOSIT PERW ER �}P__4_C 0� NUMS DATE The amount of money desail,"d above Is for Treosi is receipt of abowe anmo is approved. Receipt of above amount is,hweby deposit info the Cfx "Tnsasur)c . acknawtedged 2 ZtW7, , x Z"? Dep* Y.Tnsasurer 34 REV.(7-43) 44fi-mov-�;, 95 e A I ue I 0,Af-i>L,,, 819800-0800: G 1116027, $18.240.00, RA 1140 Guarantee of Performance (cash bond) Pulte Home Corporation Summerset Imprest, 6001 N. 24" Street, Phoenix, AZ 85016 819800.0800. G 1116028, $3,000.00, RA1143 Guarantee of Performance (cash bond) Pulte Home Corporation Summerset Imprest, 6001 N. 24" Street, Phoenix, AZ 85016 0649-9665 / 831000: G1116002, $21,50000, RA 1131 Phase III Tank Access Road Civil Improvements Road Acceptance Inspection # 2, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649--9665 / 831000: 01116019, $1,400.00, Flood Control Permit Application FCP 608-03, Subdivision 6963, Laurel 198, Inc, 18001 Cowan, Suite C, Irvine, CA 92614 0649-9665 / 831000: 01116020, $500.00, Record of Survey Map Check Fee Deposit, R52771, Surveyors Job # 03030, Carolyn Usinger, 4049 Marianne Dr., Lafayette, CA 94549 0649-9665 / 831000: 01116021, $500,00, Record of Survey Map Check Fee Deposit, RS 2770, Surveyors Job ## 03016, Thomas P. Steinbrecher. 1230 Monticello Rd., Lafayette, CA 94579-3026 0649-9665 / 831000: 01116022, $943.50, MS21-93, Minor Sub Plan Review, Diablo Valley Estate Company, LLC, 101 Ygnacio Valley Road, Ste 330, Walnut Creek, CA 94596 0649-9665 / 831000: G 1116023, Stephen Peter Pinto, 1833 Kofman Parkway, Alameda, CA 94502 $4681.62, MSII-00 Improvement Plan Check $4.074.00, Inspection Deposit $1,5542,12, Map Check Deposit 0649-9665 / 831000: 61116027, $85,580,00, Road Acceptance Inspection Deposit, Pulte Home Corporation Summerset Imprest, 6001 N. 24th Street, Phoenix, AZ 85016 I 0649-9665 / 831000: 01116028 $16,667 00,Road Acceptance Inspection Deposit, Pulte Home Corporation Summerset Imprest, 6001 N. 24th Street, Phoenix, AZ 85016 K V\t k43 0648-9140 / 812100: G1116023, $928.130, San Ramon Creek Drainage Mitigation, Stephen Peter Pinto, 1833 Kof man Parkway, Alamed, CA 94502 Bond No.: 6203458- Development: 203 58Development• Subdivision 8089 RA 1140 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along Concord Avenue to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Pulte Home Corporation -----,asPrincipal and Safeco 7ngur nce cQ=any of * , a corporation organized under the laws of the State ofwzk lihina and authorized to transact surety business in California, as Surety, hereby jointly,and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: *America A. Performance: one million eight hundred five thousand seven hundred sixty and 00/: Dollars ($ 1.8m.76o.00 for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: nine hundred twelve thousand and 0/100 Dollars ( 912,000.00 } to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its officers, agents and employees,as therein-stipulated,then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable 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. B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Cade,for materials fiunished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims wider Title 15(commencing with Section 3082 of Part 4 of.Division 3) of the Civil Code of the State of California, so as to give a right of action-to them or their assigns in any suit brought upon this bond. Should the work under the 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 Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County 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 Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on March 21, 2003 PRINCIPAL- Pulte Home Corporation SURETY: Safeco Insurance Company of America Address: 772 Ceztennial Place Address: 280_ 0 W. H12ging Road. Ste 1100 City: -- Brentwood. CA 941i13 City: H man t s L 60259 By, .,._, By: Print Name: Bruce E. Robinson Print N e/: _Amy E. QL1"fig,an Title: vice President Title: �f Mey-in-Fact By: Calvin R. Boyd, Addis I stant Secretary xfl14 !"• V1VsVCW )sN woaMx.0 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 21st day of March, 2003, before me,the undersigned authorized employee, personally appeared Bruce E. Robinson,who acknowledges himself to be Vice President of Pulte Home Corporation,that he as such employee being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 26, 2006 AA A WARY PUBLIC STATE OFW—COGAN O a otary Public,Marcia G. Howard t qrs k s °' Oakland County,Michigan MR033 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 21 st day of March, 2003, before me,the undersigned authorized employee, personally appeared Calvin R. Boyd,who acknowledges himself to be Assistant Secretary of Pulte Home Corporation,that he as such employee being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 26,2006 ARY� A,UC OF R-7-flQ4NY KUNDCOUNTY Notary Public,Marcia G. Howard Oakland County,Michigan MH:033 SAFECO insurance Company S A ECO* Po Box 34528 ► Seattle,WA 9812401526 ACKNOWLEDGMENT BY SURETY STATE OF Illinois ss. County of Cook On this 21 st day of March 2003 , before me personally appeared Amy E. Callahan , known to, me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY , the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,the day and year in this certificate first above written. Notary Public in the State of Illinois (Seal) County of Cook �---- " JVj0r*0%0 P P . � •et�r-0r S-0230/SAEF 10/99 0 A registered trademark of SAFECO Corporation FRP IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies(SAFECO Insurance Company of America,General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to"surety insurance".This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula;the United States government pays 90%of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond.The Act also establishes a$100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism.Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond,the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. 56248 airs SOWER GENERA INSURANCE COMPANYOMAN OF AMERICA S � � � C �® GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 1084,5 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint **********WILLIAM P.WEIBLE;WILLIAM CAHILL; PETER S.FORKER;MOLLY M.MORAN;ESTHER C.JIMENEZ; THERESA A.SNOW;PATRICIA J.KENIS; PHYLLIS BOYD;AMY E.CALLAHAN•West Chicago,Ilitnors**4kk#t#►►d►kk►#4##►#►#k##k#►ktM#k#44kkk#4#i►#4k#i##kkkk##ik►k##ipkk#kk##►#4k#ik#k###►►►#k►kk#kt##i its true and lawful attorneys)-In-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued In the course of Its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 24th day of June 2001 R.A.PIERSON,SECRETARY MIKE MGAV1CK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.-FIDELITY AND SURETY BONDS ...the President.any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations,shall each have authority to appoint individuals as attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its ...On any instrument making or evidencing such appointment, the signatures may be affbced by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsirrdle thereof,may be Impressed or affixed or in any other manner reproduced;provided,however,that the seal shed not be necessary to the vall itty of any such Instrument or undertaking.* Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adapted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V,Section 13 of the By-laws,and (11) A copy of the power-off tomey ate,executed pursuant thereto,and (AI) Certifying that said power-of-attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,R.A.Pierson,SewAary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resduudoon of the Board of Directors of these corporations,and of a Power of Attorney Issued pursuant thereto,are true and correct,and that both the By-Laws,the Resokitlon and the Power of Attorney are stip in full force and effect. IN WETNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 21st day of Ma chb� COA�j�6 SEAL SEAL 1 tX G +h#� of R.A.PIERSON,SECRETARY S-09741SAEF 2101 0 A registered trademark of SAFECO Corporation 12113401 PDF SUBJECT: Approval of Road Improvement Agreement for Concord Avenue,RA 1140, Brentwood Subdivision 8089,being developed by Pulte Dome Corporation, Brentwood area(District M). DATE: May 6, 2003 PANE: 2 Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I. Cash Bond Performance Amount: $18,240.00 Auditor's Deposit Permit No. DP 403009 Date: April 1,2003 Submitted by: Pulte Home Corporation Taxpayer identification number: 86-0910230 II. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number and Date: 6203458 March 21, 2003 Performance Amount: $1,805,760.00 Labor&Materials Amount: $912,000.00 Principal: Pulte Home Corporation NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. R SOLUTION NO. 2003/281. ROAD 1MPRLVEMENT AGREEMMa Developer: �t1�.t'T' yi�lt 11( Effective Date: Y` t Development: Completion Period; I year Road: G QlJ.CcdiZ.tJ�- - AM V_- Q THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT"HERETO: CON"T"RA COSTA COUNTY 22YELOPER Maurice M.Shiu,Public Works Director By: (pflnt nuns do tittaj 4 Vid x tT rLA n COMMEND ^XYAT By; {�t�natare) ti(� e g Services Division (yxiztt roma a ' a) .{ p _ tctor 3.Westman,County Counsel 1 {NOTE: All sigtuturos to be acknowledrd If 3ubWvidcr is incorporated,signatures must caz}fornt with the designated representative greups pursuant to Corpontiotu Oode 5313) 1. EAR=&2&JE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Quntv."and the above-mentioned 04yelog mutually promise and agree as follows concerning this development 2. D=YEhj&M Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 8. IMPjj,O Mb jgNT SECLJRIT°Y. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County. A. Icor Per g a AUd Ouarantea: S, V% Z 44.40 cash,plus additional security,in the amount of S ( s w 66 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,the Developer 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. For a ente Security in the amount of S giZ,!W9.00 which is fifty percent(54°Jo)of the estimated cost of the work Such security is presented in the form of Cash,certified check,or cashier's check AC Acceptable corporate surety bond. , Acceptable irrevocable letter of credit With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.405 and S94-4.448 of the Ordinance Code. 4. UJI& ANM AND WAUAM O,f WORK, Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-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. Developer agrees to correct,repair,or replace,at his 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. P Ah F51LIS12=14 O Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable planta,doing weed,rodent and other post 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-year from and after the Board of Supervisors accepts the work as complete. 6. MRRQYE=T PLAN AARE AM. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NQ!Y61UR BY COCJM. 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 Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. RMP.l�1 1x X- Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The ind=WjJeses benefitted and protected by this promise are the County, and its special district, elective and appointive boards, commissions,officers,agents,and employees. B. The hlhifitir&protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causing Hability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Qondit=: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(,)in connection with this work,or has insurance or other indemnification covering any of those matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. MM Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NML-EE&EQAMA=A ► :If Developer fails to complete the work within the time speed in this Agreement and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. . If,before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the County's 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 Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. ' 12. CONSIQUA710N, In consideration hereof. (Check applicable section(s)) ,,,"„ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. — County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL-kw t3AftDaWEngSvclForrnalAO WCrRMAG-24.doe Rev.Apnl 6,2060 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l State of California ss. County of On Ho-i h Y before me, �1�'t��1 �... . r t 1 , L . Date Name and Title of Ofticar{e.g., Jane Doe,Notary Pu is") personally appeared L. ." i , ,/' the{s)of Signer(s) Eel' known to me ® proved to me on the basis of satisfactory h evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized r capacity(ies), and that by his/her/their KR4M L.FRY signature(s) on the instrument the person(s), or Cornmission#13t338tf2 z the entity upon behalf of which the person(s) Notary Pub'+c--•-Califomia acted, executed the instrument. Contra Costa County y comm,gVlres Jun 6,zoos WITNESS my hand and off ' i seal. Place Notary Seal Above Slgn—slureNo ubll OPTIONAL Though the infonnation 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-Qocumentl . i Title or Type of Document: CGt(A L E'Y�C7Y"C`sit`7'i �'tt' 4'r 'P Document Date: lr- 1 C'hCrg, ;? ` Number of Wages: f Signer(s)Other Than Named Above:_�,, !4q Capacity(les) Claimed by Signer Signer's Name... D jAdividual j Top of thumb here. Corporate Officer—Title(s): El knmei.A5 17 Partner—0 Limited ®General © Attorney in Pact ® Trustee ED Guardian or Conservator El Other: Signer Is Representing: 0 t999 NWkNW NoWy Aasaofation•WN N Soto Ave.,RC1.Ben 2402+Chataworth,CA 91313.2482•www.natioralnotary.org Prod.No.5907 Raordw.Call'ib[FFree 1-800417843827 ' n �` .Dy compo tr+se mgn Kittle r��t/ t , ifi5u;c..t:j�1 Prepared by: first t the { *%a Nancy H-..Gawthrop acoocots ° Pulte Homes,Inc. ' ur, 33 Bloomfield Hills Pkwy.,Ste. 200 Bloomfield Hills,MI 48304-2946 When Recorded Return To: P>r LTE HOME CORPORATION POWER OF ATTORNEY ANIS GRANT OF AGENCY KNOW ALL MEPC BY THESE PRESENTS, that PULLTE HOME CORPORATION (the "Corporation"), a corporation organized and existing under the Iaws of the State of Michigan, authorized to do business in the State of California, having its principal office at]Bloomfield Hills, Michigan, does hereby effective immediately, constitute and appoint Curtis H. VanHyfte as its true and lawful agent and additional attomey-in-fact in the counties within the Northern California Division, in the State of California, to act for and on behalf of the undersigned corporation in its name, place and stead, and for its use and benefit, in.the following respects: (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents instruments or papers for the sale by the Corporation of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however, that except for the sale of any lot together with such home,no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements, or documents relating to cgmmon areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments car papers in connection with the sale by the Corporation of finished condominium, townhouse, or duplex units and any land associated with such finished units; (3) Enter into and execute deeds and/or plats of dedication, subdivision, resubdivision and boundary line..adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and.rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by-the Corporation; re-zoning applications, proffer applications and amendments and proffer agreements and other similar documents related to the development of real property owned or under gption by the Corporation; and When Recorded " Return To: Curtis H VanHyfte C/o Pulte Home Corporation 10235 S. 515i Street, Suite 104 Phoenix, AZ 85044 PULTE HONIE CORPORATION POWER OF ATTORNEY AND GRANT OF AGENCY KNOW ALL MEN BY THESE PRESENTS, that PULTE HOME CORPORATION (the "Corporation"), a corporation organized and existing under the laws of the State of Michigan, authorized to do business in the State of California, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, constitute and appoint the following employee(s) Matt Koart, John L. Johnson, Ray Gonzalez, Steve Kalmbach, Curtis H. VanHyfte, John S. Gallagher, as its true and lawful agents and additional attorneys-in-fact in the State of California, to act for and on behalf of the undersigned corporation in its name, place and stead, and for its use and benefit, in the following respects: (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Corporation of finished homes or homes to be finished (together in each instance with the finished lot for the home), Provided, however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements,or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with,the sale by the Corporation of finished condominium, townhouse, or duplex units and any land associated with such finished units; (3) Enter into and execute deeds,and/or plats of dedicitiori,,subdivision, resubdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Corporation; re-zoning applications, proffer applications and amendments and proffer agreements and other similar documents related to the development of real property owned or under option by the Corporation; and (4) Enter into and execute development, supplier, subcontract and/or construction } agreements for the development and/or construction of.and on any property owned or under option by the Corporation. This Power of Attorney shall expire at midnight on June 30,2006, unless extended or revolted by the Corporation prior to such expiration date. IN WTINESS WHEREOF, Pulte Home Corporation has caused its corporate name to be hereunto subscribed by the Authorized Agent, whose signature is acknowledged by two unofficial witnesses, this 12th day of Dece r, 2001. PUL HOME CORPORATION Unofficial W tneW Curtis H. VanHyfte A Authorized Agent Unofficial Witness STATE OF ARIZONA } p } Ss. COUNTY OF M-Ak,dA ) 4� On 14i Z_&ot before me, - + +�'�� , a Notary Public in and for said State, personally appeared Curtis R VanHyfte, personally known to me to be the Authorized Agent of Pulte Home Corporation' whose name is subscribed to the within 'instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the entity upon behalf of which the person acted,executed the instrument. Vyr,=SS my hand and official seal. Name: a�►cuu sou. My o ission.Expi es• JANET BREZNAK tsrg tC=Site of Adzoha MARICOPA COUNTY My Comm.Expku Sept 30,2003 " Prepared by: Nancy H. Gawthrop Pulte Homes,Inc. 33 Bloomfield Dills Pkwy., Ste. 200 Bloomfield Hills,MI 48304-2946 When Recorded Return To: e",+ � At- clo Aq It — - PULTE ROME CORPORATION POWER OF ATTORNEY AND GRANT OF AGENCY KNOW ALL MEN BY THESE PRESENTS, that PULTE HONM CORPORATION (the "Corporation"), a corporation organized and existing under the laws of the State of Michigan, + authorized to do business in the State of California, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, constitute and appoint Curtis H. YanHyfte as its true and lawful agent and additional attorney-in-fact in the counties within the Northern California Division, in the'State of California, to act for and on behalf of the undersigned corporation in its name,place and stead,and for its use and benefit,in the following respects: (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Corporation of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however,.that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements, or documents relating to common areas -and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the sale by the Corporation of finished condominium, townhouse, or duplex units and-any land associated with such finished units; (3) Enter into and execute deeds and/or plats of dedication, subdivision, resubdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Corporation; re-zoning applications, proffer applications and amendments and - proffer'agreements and other similar documents related to the development of real property owned or under option by the Corporation; and (4) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of and on any property owned or under option by the Corporation. This Power of Attorney shall expire at midnight on June 30, 2006,unless extended or revoked by the Corporation prior to such expiration date. IN WITNESS WHEREOF, Pulte Home Corporation has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal to be hereunto affixed, attested by its Assistant Secretary,this 19th day of July, 2001. ATTEST: PULTE HOME CORPORATION r d Nancy H.kjawthrop Johnt ler Assistant Secretary `Mice Isident s Pulte Home Corporation Witness,Carole A. Hacker Seal -Michigan STATE OF MICHIGAN } } SS. COUNTY OF OAKC.AND } On July 19, 2001, before me, Carole A. Hacker, a Notary Public in and for said State, personally appeared John R. Stoller and Nancy H. Gawthrop, personally known to me to be the persons whose names are subscribed to the attached instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Carole A.Hacker t 'iAEtY Pt1Bl t, OAKLME)00,tui Oakland County,MI MYCcM=oNEMrjEs6qA2003 My Commission Expires: 09/08/2003