HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-725 THE BOARD OF SUPERVISORS OfCONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 2,2003,by the following vote:
AYES: SUPERVISORS GIOIA., UILK.EMA, GREENBERG, GLOATER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 725
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8713,being
developed by Windemere BLC Land Company L.L.C., San Ramon (Daugherty
Valley) area. (District III)
The following documents were presented for Board approval this date:
L Map
The final map of Subdivision 8713,property located in the San Ramon(Dougherty
Valley)area, Supervisorial District III,said map having been certified by the proper
officials.
H. Subdivision Agreement
A subdivision agreement with Windemere BLC Land Company L.L.C., principal,
whereby said principal agrees to complete all improvements as required in said
subdivision agreement within one year from the date of said agreement.
Accompanying said subdivision agreement is security guaranteeing completion of
said improvements as follows:
Originator:Public Works{ES} I hereby certify that this is a true and correct copy of an action
Contact: Teri Ric(313-2363) taken and entered on the minutes of the Board of Supervisors
LT:rrn on the date shown.
(3.1\3spData\Eng$vc\BO\2003\12-02-03\SD 9713 BO.21.doc
cc: Public Works—T.Hell,Construction
J.Gray,Engineering Services
Current Planning,Cornmunity Development
T-July 2004 ATTESTED: DECEMBER 02, 2003 - --
Windemere BLC 1,annd ConVany,L.L.C. JOHN SWEETEN, Clerk of the Board of Supervisors and
Brian Olin
3130 Crow Canyon Place,#310 County Administrator
San Rarmn,CA 94583
Travelers Casualty and Surety Company ofArnerica
Patricia H.Brebner
9325 Sky Park Court,Suite 220
San Diego,CA 92123 By ,Deputy
RESOLUTION NO.2003/ 725
SUBJECT: Approval of the Final Map acid^Subdivision Agreement for Subdivision 8713,
being developed by Windemere BLC Land Company L.L.C., San Ramon
(Dougherty Valley) area. (District III)
DATE: December 2, 2003
PAGE: 2
A. Cash Bond
Performance amount: $10,100.00
Auditor's Deposit Permit No. 408869 Date: July 17, 2003
Submitted by: Windemere BLC Land Company L.L.C.
Tax ID Number: 94-329-15-16
B. Surety Bond
Bond Company: Travelers Casualty and Surety Company of America
Bond Number: 1041 25067 Date: July 7,2003
Performance Amount: $1,001,900.00
Labor&Materials Amount: $506,000.00
Principal: Windemere BLC Land Company L.L.C.
III. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore
levied on the property included in said reap. The 2003-2004 tax lien has been paid in full
and the supplemental tax lien,is estimated to be$0.
NOW,THEREFORE,THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said final map is APPROVED and this Board does not accept or reject on
behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION N0. 2003/725
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9 133HS 33S
SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
Subdivision: _ SUB 8713 Principal: Windemere BLC Land Company-L.L.C.
Effective Date: Completion Period: 1 year
WINDEMERE BLC LAND COMPAN Y LLC,
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A.California limited liability Company
fly:LEN-OBS Windemere,LLC,
CONTRA COSTA COUNTY PRINCIPAL' A Delaware lirriited liability company
Maurice M.Shiu,Public Works Director Managing Me.rnber
BY:Lennar 14omes ofCalif,,rnia,Iii..,
r�
Managing Member
By:
(signature)
RECOMMENDED FOR PPRQVAL (print name& itle) n Larson,Vice President
1
(signatu �- ---'
By: - (Print name&ke) n Joehim,Asst.Secretary
Engineering Si s Divisio
FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures
must conform with the designated representative groups pursuant to Corporations
Code§313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"C un "and the above-mentioned
PPrrncigal,mutually promise and agree as follows concerning this subdivision:
1 IMPROVEMENTS. Principal 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 by the Conditions of Approval for this development
and generally as shown on the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department
and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as
required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 10,100.00 cash,plus additional security,in the amount:$ L00 1,900.00
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
_ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance,
B. For Pi ayrrign: Security in the amount:$_ 506.000.00 .which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
__Y Acceptable corporate surety bond.
Acceptable irrevocable letter of credit,
With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held
as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
T
4, GUARANTEE ANIS WAR NTY OE WORK. Principal guarantees that said work shall be free from defects in material or workmanship
and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with
Article 964.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work.
The guarantee period does not apply to private improvements,which are not to be accepted by the County.
5. PLANT ESTABLIS)"iMOT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said
plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other
work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed
for a period of one(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPRO"VEMM PLAN WARRANTY. Principal 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 subdivision. It at any time before the Board of Supervisors accepts the work
as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes
may be necessary to the pians to accomplish the work as promised.
7. NO WAIVER BY COUNIX. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent
or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any
part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill
this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to
comply with any of the terms and conditions hereof.
8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section.
A. The€ndemaities benefited and protected by this promise are County and County's special districts,elective and appointive boards,
commissions,officers,agents and employees.
B. The lisgbi`tom 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 County reviewed said improvement plans or accepted the work as
complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions ausin iability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-oondit€ons: 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 subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COM: Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.This cost may
include,but are not limited to.inspection,administration,engineering,construction and relocation of existing utilities.
10. SJJRVFYS, Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NQN-PB >�NCrr ANIS COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
demand.
Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal
subsequbntly completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds
to complete the work.
-12. IN O OMTIC}NIAjgNF, . If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond,
or 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
Principal,who shall fulfill all the terns of this agreement as though Principal had contracted with the city originally.The provisions of paragraph 8
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
14. MIGHT OF ENTRY_. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans
by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance.
RL:SD:k&cw
GA44pnau\EngSvc\Form\AG WGRDIAG.30.doc
Rov,,Ocwbar 23,2002
t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of C C i i t OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On before me, Though statute does not require the Notary to 1111 in
DATE NAME,i7 E OF OFFICERE.G.,'JANE ENO L C^ the data below,doing so may prove invaluable to
personally appeared t persons relying on the document.
NA OF SIGNER(S) ❑ INDIVIDUAL
S CORPORATE OFFICER
(S)
known to me- t (-satisfactory evidence to ❑ ( )
be the person(s)whose name(s)Ware TITLES)
subscribed to the within instrument and
acknowledged to me that-hefsbe/they executed ❑ PARTNER(S) ❑ LIMITED
T.AUSTIN the same in hisfherttheir authorizedapaci ❑ GENERAL
Commission# 1378739 signatty{ies),and that rums t the er ❑ ATTORNEY-IN-FACT
OMY
signatures)on the instrument the persan{s)oe ❑ TRUSTEE{S)
zNotary Public - California the entity upon behalf of which the person{s}Contra Costa County acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
Comm.Expires Oct 7, ❑ OTHER:
d officigi seal,'
S
(NAME OF PERSON(S)OR ENTITY(IES))
IGNER IS REPRESENTING:
SIGNATM OTNOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided In an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must she Signe exactly as it is typed or printed.
Il. SIGNATURES_FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. --SIGNATURES FOR PARTNERSHIPS - Si ping party must be either a general partner or be authorized in writing to have
the authority to sign off` r ani inn`7c the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be-stgn°pec yy two officers,one from each of the following two groups:
GROUP 1. {a)The Chair of the Board
(b The President -
c Any Vice-President
GROUP 2. aThe Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question is required. A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:mw
O:1CrpDatatSn&SvcWorms\WORD FORMSIALL PURPOSE NOTARY.doc
Rev.August 1,2001
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM �[
ORGANIZATION NUMBER
�ii
(Fox Cash Collection Procedures see County Administrator's Bulletin 145.)
DESCRIPTION FUND/ORG. SSUBBT TASK OPTION ACTIVITY AMOUNT
ACCf 5� ;6th
too
' ; 5� 6 /
E LANATION: , TOTAL t
631Z DEPOSIT
Y / :r Deposit consists of the following i
�C,..+�f�}�LFtN mod CURRENCY
Ma
$ �]
�'"iJ �..+ t' !t ,,,� w k. r,. 7- �•r r �+ ///()// "�I' 2 CKs. ETC. $ ..37
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
f { / / DEPOSIT
PERMIT
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
deposit intothe County Treasury J acknowledged
G Sined Signed:
CA 4�_ �b al_�)'
EXT. aunty-Aditi Deputy County Treasurer
-34 REV.(7-93) !
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER'
MARTINEZ,CALIFORNIA
TO THE TREASURER: ., --
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
+� DESCRIPTION FUND/ORG. ACCT TASK TION ACTIVITY AMOUNT
now"maw NNOWWWR
1
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. . . . . . . . . . . . . . . . .
EXPLAPi TION. TOTAL $ i
DEPOSIT r
Deposit t of the following items
COIN and CURB $
CHECKS.Ma ETC. _
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE
OK
Q
PERMTDEPOSIT <J
NUMBER
f DATE I �,
ED ��'
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above a hereby
deposit into the County Treasuurry. ,, acknowledged.
Tt k /j/Z_ EXT `-2 � Sigrid: � •' Signed.3 .. _County
"C Auditor/ Treasurer
-34 REV.(7-93)
0648-9140 / 812100: G1116868, $1,804.00- MS 21-93 Drainage Mitigation
Fee (Green Valley Creek), Diablo Valley Estate Company,LLC, 101 Ygnacio
Valley Rd, Ste 330, Walnut Creek, CA 94596
0649-9665 / 8310010: 01116871, $9,020.00, 060015, Drainage Acceptance
Plan Review Deposit, Windemere Phase II, Water Quality Pond 6,
Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583
0649-9665 I 831000: G1116872, $14,780.00, DG 0025, Drainage
Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Ponds
TO, Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583
819800-0800: G1116869, $1,000.00, Sub 8531, Cash Bond for Landscaping,
Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549
819800-08003: G1116870, $2.905.00, Sub 8531, Cash Bond, Janin
Assosciates, 957 Stow Lane, Lafayette, CA 94549
8198000800: G1116873, $64,500.00, RA1142, Performance Cash Bond
(civil), Windemere Phase II Backbone, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Ramon, CA 94583
819800-0800: G1116876, $112,900.00, RA8712, Performance Cash Bond
(civil), Windemere Phase II, Village 20, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Ramon, CA 94583
wampum
Quo
81980300800: G1116884, $15.200.00, Sub 8714, Performance Cash Bond
(civil), Windemere Phase .II Village 22, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Ramon, CA 94583
8198000800: G1116888, $16,400.00, Sub 8715, Performance Cash Bond
(civil), Windemere Phase II Village 23, Windemere BLC LLC, 3130 Craw
Canyon Pl, #310, San Ramon, CA 94583
Executed in Duplicate
Subdivision: SUB 8713
Bond No.: 1041 25067
Premium: $7,013.00
IMPROVEMENT SECURITY 13OND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(Califomia Government Cade §4 66499 - 66499.10)
I. REaTAL of SuspiyIsioN AGREEw-NT: The developer(principal)has executed a subdivision agreement
with the Counry of Centra Costa to install and pay for street, drainage and other improvements in
Subdivision 8713 ,as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement, all in accordarice whit State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final Wrap or parcel map for said
subdivision.
2. 08LICATION: `VG'indemere BLC Land Corn an L.L.C. as principal and
Travelers Casualty and Surety Company of America , a corporation organized and
existing under the laws of the State of Connecticut and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa., California to pay as follows.-
A.
ellows:A. Performance and Guarantee: One Million One Thousand urine Hundred __ Dollars
(S 1 l 9{10.00 }for Contra Costa County or any city assignee under the above Cnumy
Subdivision Agreement.
B. Payment: Five Hundred Six Thousand Do
($ 506,000.Q4 I to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of .Division IIT of the Civil Code of the Srate of
Califomia.
3. CONDITION-.
�A- The Condition of this obligation as to Section(2.A.)above is such that if Elie above bonded principal,
or principal's heirs,executors,administrarors,successors or assigns, shall in all things stand to a41d
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 parts 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 sage harmless the County of Contra Costa. (car city
assignee)its officers,agents and employees, as therein stipulated, Hien this obligation shall becorne
null and void; otherwise it shall be and remain in full force and effect.
As pari of the obligation secured hereby and in addition to the face amount specified therelbre,there
shall be included reasonable costs,expenses and fees,including reasonable a;ttormey's fees, incurred
by the County of Contra Costa(or city assignee) in successfully enforcing such obligation, all io be
taxed as costs and included in any judgement rendered.
r
it. The condition of this obligation; as to Section (23.) above, is sLich that said principal arid tht
undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all
contractors, subconrractors, laborers, material men and ether persons employed in the performautce
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furWshed; labor of any kind,or for amounts due under the Unemployment Insurance Act with respect
to such wort: or labor and that said surety will pay the same in an amount not excmding the amount,
herein above set forth and also,incase suit is brought upon this bond, will pay, in addition to di,:
fact amount thereof, reasonable costs, expenses and fees, including, reasonable attorney's #c'c-S,
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 jude.eirleal
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and t,lt
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,so as to give a right of action to them or their assigns
in any shit brought upon this bond.
Should the work under conditions of this bond be fully performed,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plant or specification of said work agreed to by
the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability
on this bond;and consent is hereby given to snake such alteration without huffier notice to or consent
by the surety;and the surety hereby waives the previsions of California Civil Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SiCNEU hNt3 -EALE on—_July�X00
WINDEMERE BLC LAND COMPANY; LLC
By: Lennar Homes of California, Inc, TRAVELERS CASUALTY AND SURETY
PRINCIPAL: its manager SVRETy, CHMPANY O ERICA
a.ddress; 3110 Crow Canyon. 300 Address: 9325 Sky Park Court, Suite 220
city. Sam n Zip_ 4 J83 City: ip: 92123
3y= y;
'riat Name: Lawrence H. Thompson Print Name: ,-Patricia H. Brebner
Vice President Title: Attorney-in-Fact.
mw aap .
d3xpriwSs y'awrefwYn. r WoRl>B.4-12400
cv J*2,2WJ
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On Jul-0. 2003 before me, S. McDonald, Notary Public, personally appeared
Lawrence H. Thompson, personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on the instrument
the person or the entity upon behalf of which the person acted, executed the
instrument.
Witness my hand and official seal. t° �_.
S. MC UONALD �
Commission#12 4 3
< y Notcsry PUNIC-C011fomia y�
n-a County
my Comm.moires Apr 16
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar_Homes of California, Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Improvement Bond No. 1041 25067
Number of Pages: Two (2)
Date of Document; July 7, 2003
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE A( OWLEDGMENT No.5947
State of California
County of grange
On July 7, 2003 before me, Rhonda C.Abel,Notary Public ,
DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner ,
NAME(S)OF SIGNER(S)
personally known to me-OR- proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and fficial seal.
RHONDA C.ABEL
COMM.#1312777 � SIGNATURE OF NOTARY
(� >• NOTARY PUBLIC-CAUFORNIA
ORANGE SM.AUG.COUNTY
COMM. A . 4115
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Cj INDIVIDUAL
[� CORPORATE OFFICER
TITLE OR,TYPE OF DOCUMENT
TrME(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
Q TRUSTEE(S)
GUARDIAN/CONSERVATOR NUMBER OF PAGES
[� OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSONS)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4467/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remnet Ave.,P.O.Bax 7184-Canoga Park,CA 91349.7184
TRAVELER %SCIALTY ANIS SURETY COMPANY OF AT 'ICA
TRA XRS CASUALTY AND SURETY COMPANI
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9%2
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTflRNjY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and hawing their principal"offices in the City of Hertford,
County of Hartford, State of Connecticut (hereafter the "Companies") hath made, constituted and appointed, and do by there
make, constitute and appoint. James A. Schaller, Jeri Apodaca, Linda Enright, Mike Parizino, Nanette Mariella:-
Myers,Rhonda C.Abel,Stanley C.Lynn,Patrlciae H. Brebner,Alexis H.Bryan,Leigh McDonough,Jane Kepner,of Irvine,
California, their true and lawful Attorney(WinFact, with full power and authority hereby conferred to sign, execute and
aci mowledge, at any place within the United States, the following instrutnent(s): by hislher sole signature and act, any and all
bonds, repo ors, contracts of indemnity, and other writings obligatory in the nature of a bond, r000phance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
saute were signed by the duly authorized officers of the Companies, and all the acts of said Attonney(*iuFact, pursuant to the
authority herein given,ares hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are
now in AM force and effioct:
VOTED: That the Chairman,the President,any Vices Chauiman,any Executive Vice President,any Senior Vice Pre side nk any Vice President„any
Second Vice President,the Treasurer,any Assistant Tom,the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with theCompany's seal bonds,recogaizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED, That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Viva President or any Vice President
may delegate all or any part of the iiiaeegoing withority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of die Secretwy.
VOTLD: That any bond, recogobance, contract of indemnity, or writing obligatory in the nature of a bond, rec oguizaoroe, or co x1itional
unde rh&ing shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vases President,any
Seamier Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the to S
AssistantSecretary and duly attested and sealed with the Company's seal a Sure or Assistant S � ��any
reepdred}by are or maga in-F+ma�and mb �' �' �Y,�{`b?duly executed(unt�r scat,if
Ag Pursuant to the power prescribed in his or her certificate or their certificates of or
by ahem or in=Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority Is signed and sealed by facsimile(makanicat or priatee under and by
aullkorkyy of the feallowlsmg Standing R"oludw voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Retsohstion is now In fall force and effect:
VOT1.: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,any Vice
Aredde~at,any Assistant Vice President,any Secretary,any Assistant Secretary,and the and of the Company may be affixed by fimsimile to any
Power of attomey or to any catficate nelating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries cc Attarirmeys-ii-Fact for
pu qxw to only of , and attesting boa ds end undertaldtigs and other writings obligatory in the nature and any such power of attorney
or cearti$este besting rxh Awalmile sipsture or`Awaimile real shall be valid and binding upon the Company and any such power so vocuted and
certified by such,Scolmile signature and hadmile seal shall be valid and binding upon the Company in the At=with respect to any baud or
undatd*to which it is attached.
(11-00 Mmdad)
Or .
Maveler
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused
by certain acts of International terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, Insurers are required to provide coverage for
certain losses caused by international acts of terrorism as defined
in the Act. The Act further provides that the Federal Government
will pay a - share of such losses. Specifically, the f=ederal
Government will pay 90% of the amount of covered losses caused
by certain acts of terrorism which is in excess of Travelers'
statutorily established deductible for that year. The Act also caps
the amount of terrorism-related losses for which the Federal
Government or an insurer can be responsible at
4100,000,000,000.00, provided that the Insurer has met its
deductible.
Please note that passage of the Act does not result in any change
In coverage under the attached policy or bond (or the policy or
4 bond being quoted). _Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that Is allocable to such
coverage. Is Inseparable from and imbedded in your overall
M premium, and is no more than one percent of your premium.
#" William J. Pollacek
Treasurer-Tax Collector's County Treasurer-Tax Collector
625 Court street costa
Finance Building, Room 100 Mussell V.Watts
P.O. Box 631 County Deputy Treasurer-Tax Collector
Martinez, California 94553-0063
(925)646-4122 � Joslyn_Mitchell
Tax Operations Supervisor
{925}957-2896 FAX
Date: 11117/03
IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER 1S VOID
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/ MS # City Tax Rate Area
8713 SAN RAMON 66384
PARCEL #223-100-036-1
and have determined from the official tax records that there are no unpaid County taxes heretofore
levied on the property included in the map.
The 2003-2004 tax.lien has been paid in full.
Our estimate of the supplemental tax lien is: .00
This tract is not subject to a 1915 Act bond.
Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of
security prior to filing with the Clerk of the Board of Supervisors.
William J. Pollacek
Treasurer-Tax Collector
Deputy