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Home My WebLink AboutRESOLUTIONS - 01012003 - 2003-726 4. ti THE BOARD OF SUPERVISORS OfeONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 2, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 726 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8716,being developed by Windemere BLC Land Company L.L.C., San Ramon (Dougherty Valley)area. (District M) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8716,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: Supervisors h d d k ntt hereby certify that this is a true and correct copy of an action Cnt Originator-Perlia Works(ES) taken anentered on the minutes of the Board of Su Coact: Teri Itie{323-2363) p LT:rm on the date shown. G:lGrpbata\EngSvc\BO\2003112-02-031.SD 8715 90-21.doc cc: Public Works--T.Bell,Consuvction -J.Gray,Engineering Services Current Planning,Conanunity Development T—July 2004 ATTESTED: DECEMBER 02, 2003 Windemere liras rand Company,LL.c. JOHN SWEETEN Clerk of the Board of Supervisors and Brian Olin y 3130 Crow Canyon Place,#310 County Administrator San Ramon,CA 94583 Travelers Casualty and Surety Conpany of America Patricia R Brebner 9325 Sky Park Court,Suite 220 San Diego,CA 92123 By - ,Deputy RESOLUTION NO.2003/ 726 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8716, being developed by Windemere BLC Land Company L.L.C., San Ramon (Dougherty Valley) area. (District III) DATE: December 2, 2003 PACE: 2 A. Cash Bond Performance amount: $19,500.00 Auditor's Deposit Permit No. 409852 Date: August 5, 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 25076 Date: July 28, 2003 Performance Amount: $1,929,500.00 Labor&Materials Amount: $974,500.00 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 map. 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 NO. 2003/726 p � ke . W I 41 A tog �l -=6! 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SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: allB$716 Principals Win&mcre BLC LA+nd Comna_nya L.L.C. Effective Date: 1 Completion Period: I year. ~',V,INDEME911 BLC LAND COMPANY LI..C, THESE SIGNATURES ATTEST TO THE PARTIES AGREEMENT HERETO: t A California limited liability Company By:LEN4-OBS Windumere,LLC, C01~1�$A COSj&!QQjj1TY PR LCA: t,uclawum.limited liehils'ty company Managing Member Maurice M.Shia,Public Works Director BY:Lbnnar Ilornes of California,Inc,, Managing Member By: (signature) MC, OMME DED FO 'PROVAL (print name& Title) Do Larson,Vice President { (signator � 4--� By: (print name Title `- ynn Jochim,Asst.Secretary Engineering Service D' ision FOS§, PROVED: 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§30.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Qgto "and the above-mentioned Princinl,mutually promise and agree as follows concerning this subdivision: Z ROVEMIM.S. 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. Er Porfomancc and Guarantee: $ 19,100.00 cash,plus additional security,in the amount:$ ,QQ which together total one hundred percent(1001%)of the estimated cost of the work. Such additional security is presented in the fomr of'. Cash,certified check or cashiers check. X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and .:acceptance against any defective workmanship or materials or any unsatisfactory performance. B. FQr Pa=nt: Security in the amount:$ _ 974,j0k.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 ,X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or famishing 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. 4. GUARANTEE AND WARRANTY OF 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 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. S. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IM—F"tOVEMENT PLAN WARRAM. 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 plans to accomplish the work as promised. 7. NO WAIVER BY C, TY. 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 indcMfliti benefited and protected by this promise are County and County's special districts,elective and appointive boards, commissions,officers,agents and employees. B. 'Thee 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 causes liability 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. bion-Qniiitions: 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. CM: 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. SURVF,Yom". 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-PERFOBMA, NCA AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all 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 subsequently 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. INCORPORATIONIANNEXATION. 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 terms of this agreement as though Principal had contracted with the city originally,The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. U. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. 14. RICHT OP 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:rD:hd/cw G.TkpV%tatRr4&%,ckFormstAG WORMAG-30.doc Rev. October 23,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ( , , C OPTIONAL SECTION County ofCAPACITY CLAIMED BY SIGNER On ,before me, - {�r ` i Though statute does not require the Notary to fill in DATE NAME,TITLE 0 o G.,'J E,NOTAR P c• the data below,doing so may prove Invaluable to "" �' '11 �. �1 Persons relying on the document. personally appeared L t i NAMES) F SIGNERS) C INDIVIDUAL personally known to me- to D CORPORATE OFFICER(S) be the person(s)whose name(s)Ware TITLE(s) subscribed to the within instrument and AL AL ,dh :.di, acknowledged to me that4&eWhey executed p PARTNERS) 0 LIMITED T.AUSTIN the same in hia#&vJtheir authorized G GENERAL Commission# 1378739 ca acity{les),and that b �eAheir CJ ATTORNEY-IN-FACT z signature(s)on the instrument the person(s)or CJ TRUSTEE(S) Sapp Notary public; - California the entity upon behalf of which the persons) Contra Costal County acted,executed the instrument. O GUARDIAN/CONSERVATOR lvfy Comm,l ,)wires tact 7,2a)6 G OTHER: 11111 go 1W 4W hand and oIieiel seal, SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR ENTtTY(IES)) SIGNATOR€OF NOTARY 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 SNATTRI S_ -The name and interest of the signer should be typed or printed BENEATH the signature. The name must e sip exactly as it is typed or printed. II. SIGNATURES FOR Ile QIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. I NATURES_FOR P R �R HIPS - Si ping party must be either a general partner or be authorized in writing to have sign for authority to si ` and bine partnership. IV. 5��ligedb�I� �3ocuments should a Signe y two officers,one from each of the following two groups: GROUP I. ((a}The Chair of the Board (b}The President - {c Any Vice-President GROUP 2. aThe Secretary b An Assistant Secretarryy c The Chief Financial Off►cer 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 G:1GrpD&WEngsvc\ForrmtWORD FORMSIALL PURPOSE NOTARY.dec Rev.August 1,2001 COUNTY Of CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER { TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM w ORGANIZATION NUMBER 0 (Far Cash Collection Procedures see County Administrator's Bulletin 1054 DESCRIPTION FUNDJORG. um TASK OPTION ACTNM AMOUNT F !:t11L1 ILI 1 t/ 19 F 3 !50 .1U tilt 1f j 'X85 1,2 '4 ? r 9.275 F t J7 ? ' 9 7cW I h1'wtL-j 1000kff� �460 lew 6 1-zng I q e):) ': 3 'd EXPLAN9 J47 TOTAL DEPOSIT 7 Deposit cats of the foawing ifenn. C7" F l 411-21&-i2 r COIN and CURRENCY CHECKS,hi.O.ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP �k '"'71 e/}l o &2 NUMBER DATE AssrNEi The amount of money described above is far Treoww's receipt of above amount is approved Receipt of above amount isimeby deposit into the County Treasurys acknowledged t j Signe � C � Date Signed Signed: Tit /.J:JfT q`f De imty Deputt'County Treasurer )-34REV.(7-93) '3 � ?/5. /0`3 Jt' .�L� , �n L ' %L, J t '`i.J COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER Zf TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROMr , ORGANIZATION NUMBER_ 1-1520 (� +) � !) P; ��) (For Cash Collection Procedures Sea County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG ASCU TASK PTION ACTIVITY AMOUNT t3 ' r✓ ! �.J y�G+'O'• Y,7� /7 4 f bar�� V P I a 9w c" !133 11111 1 1 fill be P ! I It I I fill I I I-A13 31 ? 1399 , EX LANATION: TOTAL $ DEPOSIT t Deposit consists of the following items COIN and CURRENCY $ — CHECKS,KO,ETC. $ -- BANK DEPOSITS 5 FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT 409,5& '2-PERMIT DP NUMBER DATE ASSIGNED The amount of moray described obaam is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby sit into the County T ury. acknowledged. Date' d. Tid liL- EXT. Std. Deputy tAud' Deputy County Treasurer -34 REV.(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ' TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administrator"s Bulletin 105,) DESCRIPTION FUNDJORG SUB. TASK OPTION ACTMTY AMOUNT ACCT ' `Y6 ,23 6&3 90 J } f 3q r x'63 5 23 f' 0 5 357 EXPLANA11ON: TOTAL $ DEPOSIT Deposit consists of the fallowing items COIN and CURRENCY $ CHECKS,MA;ETC. $ BANK DEPOSITS $ • FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT �+j PERMIT DP NUMBER ! AT ASSIGNED The amount of mortey described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby dericittit into the County Treasury. acknowledged. Sign Date �f , Title " (/ t/L QCT. �+ Depu ty Deputy County Freasurec •34 REV.(7-3 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM (J ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG SUB. TASK PTION ACTMTY AMOUNT t 5 az 1,60 ' 1 Ij I L I I I I I I I I I I I It -LAIIIII -111 till 11 fit I t i�! L-) _JL_ lilt $ tit 1 11 1 tit I I I I I-- I I III lilt III I It I L I i It I I j fit I I It It 1 11 1 1 1 1 1 1 1 1 1 I t I t t t t t i I t t 1 I t I . 1 1 z_XPLANAjIOON: TOTAL DEPOSIT Deposit consists of the following items CONN and CURRENCY $ CHECKS,MO..ETC. $ BANK DEPOSITS $ FOR At USE ONLY DEPOSIT �, t PERMIT DP t C? NUMBER DATE ,ASSIGNED --�-— The amount of money described above is for Treasurer's receipt of above amount is opproved. Receipt of above amount is hereby at into the County Treasury. acknowledged. -� Dote S'ned: J61__ASigned: Ti r / -i`XT T qty, untYAudi Deputy County Treasurer -34 REV.(7.43) a'�� 0649-9665 / 831000: 61120665, $500.00, RS2816, Record of Survey Map Check Fee Deposit, Surveyors Job #0326, David D. ,& Sindy Appel Wilkinson, 200 Douglas Ln., Pleasant Hill, CA 94523 0649-9665 / 831000: G1120666, $500.00, RS2815, Record of Survey Check Fee Deposit, Surveyors Job 0150, Jacqueline G. Stewart, PO Box 19, Clayton, CA 64517 0649-9665 / 831000. G1120667, $1,600.00, MS 4-02, Map Check Fee, Horse Hunt International, 2400 Ranch Del Lago Rd. Martinez, CA 94553 0649-9665 / 831000: G1120669, $26,162.00, PA 0006, Landscape Improvement Plan Review Deposit, Windemere Phase II, Windemere BLC LLC, 3130 Crow Canyon Pl. ##310, fan Ramon, CA 94583 0649-9665 / 831000: G1120670, $5,205.00, 06 0026 Drainage Improvement Inspection Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 0649-9665 i 831000: G1120671, $5.140.00, DG 0026, Drainage Improvement Plan Review Deposit, Windemere Phase III, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 819800-0800: G1120672, $1000.00, DG 0026, Cash Bond (civil), Windemere Phase III Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 819800-0800: G1120677, $28.300.00, Sub 8717 Performance Cash Bond 4 (civil), Windemere II, Windemere BLC LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 0678-9191-REV-65575, 6:1121137, $1,500. SP Right of Ways 2003, Stanley K. & Janice L. Hansen, 1201 Monument Blvd, Brookview Park, Concord, CA 94520 Executed in Duplicate Subdivision: SLM 871-6- Bond No.: 104125076 Premium: $13,507.00 IMPROVEMENT SIMUTY BOND FOR SUBDivism AGREEwNT (Performance,Guarantee and Payment) (California Government Code $§ 66499 -66499.10) 1, ftt:clug,if SVU3PJy151. t_'�AGJ&KEh : The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and ether improvements in Subdivision 9716 ,as specified in the subdivision agreement and to complete said work within The time specified for completion in the subdivision agreement,all in accordance with State and local laves and rulings thereunder in order to satisfy conditions for fling of a final map or parcel trap for said +� �✓ subdivision. firs 8LJ(;AT1ot7e aprincipal asci Travelers Casualty and Surety Pompany of America a corporation organized and 9 existing under the laws of the State of Connecticut and authorized' to transact surety business in California, as surety, hereby ,jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County ofCoarm Costa,California to pay as follows: A. Performance and Guarantee: Ong MilliQU Ning Hggdad LMM Nine o Dollars ($ 1.929.504.00 for Contra Costa County or any city assignee wider the above County Subdivision Agreement. BM Payment. eve Fo-uT lhgumd fiys HUggMd Dollars ($ 97 5 .00 ) to secure the claims to which reference is made in Title XV (commencing with Section 30$2) of Part 4 of Division Ili of the Civil Code of the State of California. 3. Cort xf! T,O; r A. TU Condition of this obligation as ua Section(2_A.)above is such that if the above bonded r ipal, 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 trade 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 sell indemnify and save harmless the County of Contra Costa (or city asci )its officers,agents and employees,as therein stipulated,thin 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 tete aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above 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 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 suit 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 platy 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 male such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2919 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SXALIW on July 28, 2003 Windemere BLC Land Company, LLC By: Lennar Hames of California, Inc. , Travelers Casualty and Surety PRINCIPAL: its manager SVRETY: Company of America Address: Address: 9325 Sky Park Court, Suite 224 City:, San Ramon..-CA 4583 City; San iego f CA : 92123 By: 7z $y: ' Print blame: Lawrence H. Thompson print Name: Patricia H. Brebner Title: Vice President Title: Attorney-in-Fact 1D MW WP ROarr ctFcrao%N WORD%W-i2&x CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On Jiuly.29, 2003 before me, Gordon J. Peterson, 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 capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. .b 4 GORDON J.P:;E:RSON Witness my and and official seal. Commission#1335380 Notary Public-California y Orange County My Corn.EVIres Dec 17,X005 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 ATTACKED DOCUMENT Type of Document: Surety Bond No. 104125076 Number of Pages: Date of Document: _July 28, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE At ;OWLEDGMENT No.5907 State of California County of Orange On July 28, 2003 before me, Leigh McDonough,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- D 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 helshelthey executed the same In his/her/their authorized capacity(ies), and that by hls/herltheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. C � �4n 1328574 Nt1tr�1Y pub4tc 0ra�►0 couctt.Y 8=2005 � oti+ WITNESS my hand and official seal. Wq SIGNATURE OF NCS ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [� INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) (j PARTNER(S) LIMITED H GENERAL ATTORNEY-IN-FACT [� TRUSTEE(S) [] GUARDIANICONSERVATOR NUMBER OF PAGES [� OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4087IGEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga'Park,CA 91309.7184 TRAVELET 'A,SUALTY AND SURETY COMPANY OF A' 'LICA TRA..1,3=CASUALTY AND SURETY COMPAN, FARMINGTON CASUALTY COMPANY Hartford,Connecticut 061833-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(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 having their principaloffices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Ja nm A. Schaller, Jeri Apodaca„ Linda Enright, Mike Parizino, Nanette Marielia- Myers,Rhonda C. Abel,Stanley C. Lynn,Patricia H. Brebner,Alexis H.Bryan,Leigh McDonough,Jane Kepner,of Irvine, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, 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 same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are novo in full force and VOTED: That the Chairman,the President,any Vices Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Se omd Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-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 prescnU to sip with the Company's name and seal with the Company's seall bonds,recognizaances,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 Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is glad in the office of the Secretary. VOTED: That any bond, recon, contract of indemnity, or writing obligatory in the nature of a bond, recopmance, or conditional undertaking shall be valid and banding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer,any Assistant Treasures,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by me or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Ce to of Authority is signed and sealed by facsimile(mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President,any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by fhcsimile to any lower of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in•Fact for Punvia Only of executing and attesting bonds and undertakings and other writings obligatory in the nature there 4 and any such power of attorney or catificaft bear'irng such facsimile signature or&csimilv seal shall be valid and binding upon the Company and any nth power so exec and by such f 1wani le signature and fiacsimile steal shall be valid and binding upon the Company in the thane with mpect to any bond or undertaking to which it is attached. 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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 Federal 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 olso caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, 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 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 premium, and is no more than one percent of your premium. ATreasurer-Tax Collector's Contra William J. PoltacekCounty Treasurer-Tax Collector 625 Court Street Finance Building, Room 100 Costa Russell V.Watts P. d. Box 631 County Deputy Treasurer-Tax Collector Martinez, California 94553-0063 (926)646-4122 Jostyn_Mitchetl (925)957-2898 FAX Tax Operations Supervisor Date: 11117103 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/ MS # City Tax Rate Area 8716 SAN RAMON 66383 PARCEL#223-100-035-3, 223-100-036-1, 223-090-009-0, 223-090-011-6 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 9915 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 (4z&6�z�y: eputy