HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-282 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on May 6, 2003,by the following vote:
AYES SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT. NONE
ABSTAIN: NONE
DISTRICT III SEAT VACANT RESOLUTION NO.2003/ 282
SUBJECT: Approval of Road Improvement Agreement for Concord Avenue/Walnut Boulevard
intersection, RA 1143, Brentwood Subdivision 8089, being developed by Pulte
.Home Corporation, Brentwood area. {District Bl}
The following document was presented for Board approval for Concord Avenue/Walnut
Boulevard intersection, road acceptance file RA 11.43 (Brentwood Subdivision 8089) property
located in the Brentwood area, Supervisorial District III.
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 road widening
and intersection reconfiguration.
I hereby certify that this is a true and correct copy of an action
Mm taken and entered on the minutes of the Board of Supervisors
GAGrPData\Wvc\8o12003\S-0 o31RA 1143 BO-15,&c on the date shown.
Originator.Public works(ES)
Contact Chris Lau(313-2293)
ec: public works-T.Bell,Construction ATTESTED: MAY Q6, 200,E
CurreT—M chPlanning,, 0eery Development JOHN SWEETEN,Clerk of the Board of Supervisors and
T—Much 6,2W4(I'1)
Prate Home Corporation County Administrator
Lisa Erker
772 Centennial Place
Brentwood,CA 94513
Safhco insurance Company of America
AM Callahan
2900 W.Higgins Road,suite 1140 By ' Deputy
Hoflhan Estates,IL 60159 / V
RESOLUTION NO.2003/ 282
SUBJECT: Approval of Road Improvement Agreement for Concord Avenue/Walnut
Boulevard intersection, IIA 1143,Brentwood Subdivision 8089,being developed
by Pulte Home Corporation,Brentwood area.. (District III)
DATE: May 6,2003
PAGE: 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: $3,000.00
Auditor's Deposit Permit No. DP 403009 Date: April 1,2003
Submitted by: Pulte Home Corporation
Taxpayer identification number: 86-0910230
IL Surety Bond
Bond Company: Safeco Insurance Company of America
Bond Number and Date: 6203457 March 21, 2003
Performance Amount: $289,600.00
Labor& Materials Amount: $146,300.00
Principal: Pulte Horne Corporation
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003/282
R=IMPROYEMENT� 13ntPNT
Developer: 0l�t? CClCxfZQ {, Effective Date: _--—
Development: .' 3 i Completion Period: OF 1 year
Road: V3IL,t�tJT GCC s �7 J4�"C � ��
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
COMA COSIA COM DEYELOPER
Maurice M.Shiu,Public Works Director
BY: C.�� w��
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tprtnt nems dG dt16) Ta
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By: (�tjTfaWro}
Services Division (vrim n+ sx ' '
FORM APPR_QY13D: ctor J.Westman,County Counsel s is o
(NCYI E All signatures is be aakavwtodpd. If Subdivider is incawporautd,signatures must
conform with the designated representative groups pursuant to Corporations Code 5313.)
1. PASS&DAIL Effective on the above date,the County of Contra Costa,California,hereinafter called" y,"and the above-mentioned
hy=mutually promise and agree as follows concerning this development:
2. jM.OYE,hZM. Developer agrees to install certain read 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 mauler,in accordance with accepted construction practices and in a mauler equal or superior to the requirements of the County Ordinance Code
and rulings made thereunder,and where there is a conflict between the improvement pians and the County Ordinance Code,the stricter requirements shall govern.
3. .F 'SECt_m__tTY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security
to the County:
A. Fgr Pabrmme and Guarantee: S � 10 t50 . 0.0 cash,plus additional security,in the amount of S
which together total one hundred percent 100% of the estimated cost of the work. Such additional security z
g p ( } ty is presented in the form o[
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. Por Payment: Security in the amount of S K(a.300.0 which is fifty percent(5001e)of the estimated cost of the work.
Such security is presented in the form of
Cash,certified check,or cashier's check
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 S94-4.406 and 594.4A08 of the Ordinance Code.
4. C 1JARA,oNI AND 3 ARRA 'OF MLQR& 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 read system.
5. PLA1?'7'UTA 3L-ISI ban WORK Developer 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-year
from and after the Board of Supervisors accepts the work as complete.
6. Z2LQVEI MT PLAN WARRAM.AtJ°ry. 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. NO WANED 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 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. 2MMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The iWoMitics benefitted and protected by this promise are the County, and its special district, elective and appointive boards,
commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless ofwhether
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 cagAing liability 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-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these
matters,or that the alleged damage resulted partly form any negligent or willfW misconduct of any Indemnity.
9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
10. NON-PERP'ORMANQ AND M:If Developer fails to complete the work within the time specified m 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. 1NCOItPOILATION/ANNR ON. 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 ftrights ofa third party beneficiary against Developer,who shall fulfill all the terms
of this agreement as though Developer had contracted with the city originally.
12. CONSIDERATION. In consideration hereof
(Check applicable section(s))
_. County shall allow Developer to obtain building permits for said development,assuming it My 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
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G:\GrppDatalBntSvclFomu\Ati WOR,I7AO.24.doc
Rev.April b,20DO
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
t•
State of California
ss.
County of
On Y 1 ,, before me, ! nr►
Date Name and Me of OM (e.g.,"Jane Dos,Nary Public")
personally appeared t,.�r t}l°� L l �J +, t'-- —
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C"personally known to me
0 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 helshe/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
KR=L.FRY signature(s)on the instrument the person(s), or
Commission#1303902 z the entity upon behalf of which the person(s)
Notary Public--Cafitotnia acted, executed the instrument.
Contra Costa County
My Comm`Expires.Jun B,2005 WITNESS my han nd loffliall seal.
Piece Notary$eal Above $Ignatu of N P
OPTIONAL
Though the information below is not required by Jew,it may prove valuable to persons relying an the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description c►t Attached��''�nt ��`�3�`"��r"Y���Y _. �Y�-�'
Title or Type of Document: _,
Document Hate: i ; Number of Pages:
Signer(s)Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Nama
Q dividual Top of thumb here
f'Corporate Officer—T tle(s): �
Cl Partner—Cl Limited ❑general
® Attorney in Fact
• Trustee
® Guardian or Conservator
Cather:
Signer is Representing:
0 1999 Nadonal Notary Aeaodadon•9360 Do Soo Ave.,P,01 box 2402+Chawwonh.CA 91313.2402+www.navonalno rcy.org Prod,No.5907 Reerdw.Cah Tb&Fna 1•ab6-b7-SW
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TOO i"Cine-G a� k
'Prepared by: {.` 1 d ,c .t, .
Nancy H..,Gawthrop eecli ac� o0P a� ot
�
Pulte Homes,Inc. ;e
33 Bloomfield Hills Pkwy.,Ste. 200
Bloomfield Hills,MI 48304-2941 �" ~�*
oewaws Val
110
When Recorded ow
Return To.
e.ke'-f
4 14.)& � e e-4tio-16-
l,% �IV
PULTE HOME CORPORATION
POWER OF ATTORNEY AND GRANT OF AGENCY
KNOW ALL MEIN BY THESE PRESEN'T'S, 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 Curtis H. VanHyfte 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 pption by the Corporation; and
. t ,
When Recorded
Return To:
Curtis H. VanHyfte
C/o Pulte Home Corporation
10235 S. 51"Street,Suite 100
Phenix, AZ 85044
PULTE HOME CORPORATION
POWER OF ATTORNEY ANIS 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, Jahn S.
Gallagher, as its true and lawful agents and additional attomeys-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) Eater 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.
1N W=SS WIMMOF, Pulte Home Corporation has caused its corporate name to be
hereunto subscriber! by the Authorized ,Agent, whose signature is acknowledged by two unofficial
witnesses,this 12th clay of Dece r, 2001.
PUL HOME CORPORATION
Unofficial Witn
Curtis H. VanHyfte
. . , - Authorized Agent
Unofficial Witness
STATE OF ARIZONA )
COUNTY OF !h t , w
On ' two I , before me, a Notary Public in and for
said State, personally appeared Curtis H. 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.
WIT ESS my hand and official seal.
Name:
aaat am
My o scion Expr es JANET BRBZNAK
I Ftp-M of Aft0a
WICOPA COUNTY
My CturM 6tpk a Sept 30,2W3
r
Prepared by:
Nancy H. Gawthrop
Pulte Homes,Inc.
33 Bloomfield Hills Pkwy., Ste. 200
Bloomfield hills,MI 48304-2946
When Recorded
Return To:
'`ue+ 'AT-
C/o �
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, constitute and appoint Curtis H. VanHyfte as its true
and Iawful 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
µ 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 WI'T'NESS 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
Nancy H.tawthrop Johnt ler
Assistant Secretary 'Vice FVSident
Pulte Home Corporation
Witness,Carole A. Hacker Seal -Michigan
STATE OF MICHIGAN )
SS.
COUNTY OF OAU 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 m5'hand and official seal.
Carole A.Hacker GARY PUBUD OAKLMD 00.,W
Oakland County,MI VYCO&4MW0NEWIM&q8#2003
My Commission.Expires: 09/08/2003
CERTIJUD COPY OF RESOLU'T'IONS
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.
WB , °' AS, Pulte Home Corporation (the "Corporations') desires to authorize,
Curtis H. VanHyfte to issue powers of attorney on behalf of the Corporation to various
employees of the Northern California Division (the "Divisions') 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 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
b
1
(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 Nir. 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 WYINESS WHEREOF, T have heretq set my hand and affixed the seal of Pulte Home
Corporation this 19th day of July,2001.
Al
.fancy H awthrop,
Assistant Secretary
Pulte Home Corporation
Seal-Michigan
u,
6
STATE OF NUCHIGAN })
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.
WITNESS ray hand and official seal.
Carole A.Hacker
My Commission Expires: 9!812&
A. i tr.,..>
WARY WOUG GMAND co,!fit
When Recorded
Return To:
Del Webb California Corp.
Attn: Legal Department ill:F'USLIC TITLI Cjl.
985 Sun City Lane
Lincoln, CA 95648 BY
PULTE HOME CORPORATION
POWER OF ATTORNEY AND GRANT OF AGENCY
KNQ.W 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, Marls 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, 2005, 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 EeZ day of ,,, > tSLftltL,"
PULTE HOME CORPORATION
Unofficial Witness
Jo adwick
rAuthorized Agent
U fficial Witnes
STATE OF ARIZONA }
} SS.
COUNTY OF jjv � }
t' , a Not Public in and for
Onbefore e, Y I'cr' � t�?C S f`i "✓ r� r'
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.
My Commission Expires: j?tar'c-1� i ?
AL SM
r..jRSHNER
or-ASS
tary Pubt'c-State of ArtrorwMARICOPA CCMINIY Cumn Ewa March 22,2
2,2003
REVOCATION OF POWER OF ATTORNEY
This revocation of power of attorney is made as of— /q1 2001 by PLTLTE
HOME CORPORATION, a Michigan Corporation(the"Corporation").
WITNESSETH:
WHEREAS, on August 25, 2000, the Corporation issued a power of attorney grantirig 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 attomey 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 Surnmerset at Brentwood, has caused this Revocation of Power of Attorney to
be executed and witnessed by two unofficial witnesses.
PULTE HOME CORPORATION
Unofficial Witness Jo �hadwick
A ori,
rthorized Agent
I V r-1 witn IC
T official
STATE OF ARIZONA )
SS.
COUNTY OF � �)
On `, �- , -300 , before me, ^ fi =x= -" +�► v , 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: i K-ev-S61'e'
My Commission Expires:
"ncwi stili
OCj
K!RS"NER
Nots
- tstst1PA#firCom Expires Apra 22.MM
RTM.CA3
The undersigned hereby certifies that he is a duly elected and qualified officer of Pulte Home$,Inc.,a
Michigan corporation C'Company').
The undersigned further certifies that the names,titles,and true signatures o�the employees authorized to
sign any applications for tetters of credit on behalf of the Company and its subsidiaries in connection with
letters of credit facilities and to sign surety bonds on behalf of the Company in connection with surety
arrangements are as follows;
Name Position Signature
John R. Stoller Vice President& Secretary l
Julia T. Corcoran Accounting Manager ;,,
Vincent J. Frees Vice President&Controller .r�,. ,
Maureen E. Thomas Assistant Secretary
Bruce E. Robinson Vice President&Treasurer
Calvin R.Boyd Director of Treasury operationsLPG—
Jane K.Botting Director of Corporate Accounting
Colette R. Zukoff Director of Taxation
Suzanne Treppa Tax Manager
' r /
Robert Porter Senior Treasury Analyst
Dated: October 23, 2002 Signawa:
MaurvRraooa Name: Vo hn R. Stoller
Title: Secretary
WU1141 Y(Jr CUNTRA CUSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
lel ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DfSCRTIONIORG. ACCT. TASK CIPTON ACTIVITY AMOUNT
$ �
i
ti() -3j JEVj 616IV6 D
eI t LA
_ 56)5
JiL
tit
41e)
04100 R } i C,0
I I Eel I ILI I
74 SIJ ' cats
br,_AW_1649
55 D�
1,2
&dZqg qlqo f
qL
� o
E NAT
/I6 J.J- z �� DEPOSIT $
S �. ry Deposit con"of tl�e folovving ite�t i
t {s� �/ 19
CONN and CURRENCY �_ 7+
CHECKS,M.Cl,ETC. .a 3 4�86
-s•r BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE Cit-LY
DEPOSITPERIT
NUMBER
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasurys f
�1e�
Tiflr` I<x L ?,.s aunty Deputy Courty Tnoarer
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. 24t"
Street, Phoenix, AZ 85016
0649-9665 / 831000: G1116002, $21,500.00, 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 l 831000: G1116019, $1,400.00, Flood Control Permit
Application FCP 608-03, Subdivision 6963, Laurel 198, Inc, 18001 Cowan,
Suite C, Irvine, CA 92614
0649-9665 1 831000: G1116020, $500.00, Record of Survey Map Check Fee
Deposit, RS2771, Surveyors Job # 03030, Carolyn Usinger, 4049 Marianne
Dr., Lafayette, CA 94549
0649-96651 831000: G1116021, $500.00, Record of Survey Map Check Fee
Deposit, R5 2770, Surveyors Job # 03016, Thomas P. Steinbrecher. 1230
Monticello Rd., Lafayette, CA 94579-3026
0649-9665 / 831000: 611160221 $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
$4,681.62, MSII-00 Improvement Plan Check
$4,074.!30, Inspection Deposit
$1,342.12, Map Check Deposit
0649-9665 / 831000: G1116027, .$85.580.00, Road Acceptance Inspection
Deposit, Pulte Home Corporation Summerset Imprest, 6001 N. 24th Street,
Phoenix, AZ 85016
0649-9665 / 831000: G1116028 $16,667'.00,Road Acceptance Inspection
Deposit, Pulte Home Corporation Summerset Imprest, 6001 N. 24th Street,
Phoenix, AZ 85016 k 1\titer
0648-9140 / 812100: G1116023, $928.00, San Ramon Creek Drainage
Mitigation, Stephen Peter Pinto, 1833 Kof man Parkway, Alamed, CA 94502
Bond No.: 6203457
Development: Subdivision 8089
Ra 114.3
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along Concord Avenue-walnut Blvdto complete said work within the time specified
for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. 013LIGATION• Pulte Home Corporation as Principal and
Safeco Insurance Comg=_ of * , a corporation organized under the laws of the State of Wasbi ngton
and authorized to transact surety business in California, as Surety, hereby jointly,and severally bind*
ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa,
California to pay as follows: *America
A. Performance` two hundred eighty nine thousand six hundred and 00/100
Dollars ($ 289,600.00f or itself or any city assignee under the above County
Road Improvement Agreement,plus
B. Payment: one hundred forty six thousand three hundled and 00/100
Dollars($ 146,300.00 ) 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 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 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 meed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with 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 Centennial Place Address: 2800 W. Higgins Road, Ste 1100
City: Brentwood.CA 94513 City: Hoqman E t Il 60159
By: By.
Print Name: Bruce E. Robinsorx Print N e; -- Axnv E. Callahan
Title. Vice President Title; mey in-Fact
By:
MWCalvin R. Boyd, Assistant Secretary
�
S3:i0�, DatsStin 1BN WottI7 N-9.doe
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 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
Notary Public, Marcia G. Howard
Oakland County,Michigan
Mass
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
ARYPUBUCSTATE OFMICiur.",.�r
Notary Public,Marcia G. Howard OAKIANDCOUNTY
Oakland County, Michigan
MR033
` S AT E C a PO Box 34528ranca Company
► Seattle,WA 98124-1529
ACKNOWLEDGMENT BY SURETY
STATE OF Illinois
County of Cook ss.
On this 21 St day of Murch 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.
VLAIL Notary Public in the State of Illinois
(Seal) *� J HM County of Cook
S-02301SAEF 10/99
0 A registered trademark of SAFECO Corporation
FRP
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 20012
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 Comparry 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
SAFECO INSURANCE COMPANY OF AMERICA
S /` F E /ter /y� POWER GENERAL INSURANCE COMPANY OF AMERICA
i t1 \r V OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. 10843
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
414##4444►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, t4►4t#►44444►4#4►iit4444444444►►4►►4►#4►44g4►4►4i►444#444444444##t4t4###44##►►#►444►4444►#4444444►44
Its true and lawful attorney(s)-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 29th day of June 2001
R.A.PIERSON,SECRETARY MIKE M GAVICK,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 M charge of surety operations,shall each have authority to appoint individuals as attomeys°in-fact or under other approp late titles with authority to
on behalf of the company f1degty and surety bonds and other docun►ents of similarcharacter Issued by the company In the course of Its business...On any
Instrument making or evidencing such appointment, the signatures may be affixed by fac eimlls. On any Instrument conferring such authority or on arry band or
undertakliV of the company,the asst,or a facelmile thereof,may be Impressed or affixed or In arty other manner reproduced;provided,however,that the seal shall not
be necessary to to valktily of arty 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 adopted July 28,1870.
*On any certlficata executed by the Secretary or an assistant secretary of the any setting out
(1) The piwisions of Article V,Section 13 of the By-iA wa,and
(II) A copy of the power-d4ittorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-d-atorney appointmerd is In full forte and effect,
the signature of the certifying officer may be by facsimNe,and the seal of the Comparry may be a facsimile themcf.`
1,R.A.Pierson,Secretary 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 Resolution of the Board of Directors of these corporaltiorie,and of a Power of Attorney Issued pursuant thereto,are true and
correct,and that both the By-Laws,the Resolution and the Power of Attorney are still In full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and arced the facsimile seal of said co porstiori
this 1St day of Arch
SEAL SEAL
IK%
xsa tss
BAR of R.A.PIERSON,SECRETARY
S-09741SAEF 2101 ms A registered trademark of SAFECO Corpomfion
12/13/01 PDF