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MINUTES - 03192002 - C19-C20
low Coll THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 19, 2002,by the following vote: AYES: SUPERVISORS UILKEMA GERBER, DESAULNIER, GLOVER and GIOIA NOES: NONE ABSENT: NONE ABSTAIN: -'ft RESOLUTION NO. 2002/148 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8150,being developed by Windemere BLC Land Company,LLC,San Ramon area(District III). The fallowing documents were presented for Beard approval this date: L: Map The final map of Subdivision 8150, property located in the San Ramon area, Supervisorial District III, said map having been certified by the proper officials. II: Subdivision Agreement A subdivision agreement with Windeere BLC Land Company LLC, principal, whereby said,principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said ;agreement. Accompanying said subdivision'agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a.true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Originator:Public Works(ES) Contact: Teri Ric(313-2363) G:NGrpData\EngSvc1B01200213-19-02\SUB 8150$0-21.doc WL:lad ATTESTED: VI-9— cc: Public Works-R.Bruno,Construction Current Planning,Conmiunity Developnxnt JOHN'SWEE4TN1,C&1erk of the Board of Supervisors and T-1-19-03 County Administrator Windemere BLC Land Company,LLC 3130 Crow Canyon Rd.,#310 San Ramon,CA 94583 ' r The American Insurance Company ?.200021148 5 Peters Canyon Road B ,Deputy Irvine,CA 92606 RESOLUTION N SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8150,being developed by Windernere BLC Land Company,LLC,San Ramon area(District111). DATE: March 19, 2002 PAGE 2 A. Cash Bond Performance amount: $8,100.00 Auditor's Deposit Permit No. 381790 Date: February 19, 2002 Submitted by: Windemere BLC Land Company LLC Tax ID Number: 94-369--15-16 B. Surety Bond Bond Company: The American Insurance Company Bond Number: 11127507561 Date: February 12,;'2002 Performance Amount: $805,400.00 Labor&Materials:Amount: $406,800.00 Principal: Windernere BLC Land Company LLC 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 and that the 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January 2002, is estimated to be $3,188,300.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: The American Insurance Company Bond Number: 11127507207 Date: January 8, 2002 Amount: $4,185,100.00 Principal: Windeere BLC Land Company, LLC NOW, THEREFORE, THE FOLLOWING IS RESOLVED: I. 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. COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM 00 ORGANIZATION NUMBER 11 ✓"7 '7'cr i - c j '< �r Y S` (Fur Cash Collection Procedures sae County Administrator's Bulletin 105.) DESCRIPTION FUND/t7RG. ACCTTASK OPTION ACTMTY AMOUNT $ 77, I �r� 7'f�7`''1� r.'� ✓�5✓� '`� C'C' �-�,' l/,�'�'s' `•x;-.74 ,�/ , r�,''ef�'�c�o' t it c) } . . .qe�lvj r EXPLAIJA,TION: TOTAL $ - t DEPOSIT 5�O} 3 Deposit consists of the=f(Aawing items COIN and CURRENCY $ J CHECKS~MQ,ETC. 3,►' _`s�j ZANK DEPOSITS $ FOR AUDI FOR-CONTROLLER USE ONLY DEPOSIT PERMIT [fNUMBER - DATE j ..� t�r ..'r /V. ;: 'a [- e °r� `r `}�ryS. '•,�rrfs'j '1 ,� r% s. ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby l into the C ty Trearur acknowledged .� Dote Title '' EXT. Z County Deputy County Trec"M ,34 R€V.(7.93) Subdivision: 8150. Boitd No.: 111 2750 7561 _ Premium: $2,819.00 _ DAPRO EM> NT SECV1l TY BOND Polk SVIMVISION AGRnP► ENT (Performance.Guarantee and Payment) (California Govcminent Code§§66499-65499.10) !. &CUAL M S BDMUGN AGRIy t4tENT; The developer(principal)has executed a subdivision agreement with the County of Centra Costa to install and pay for street, drainage and other improvements 11`1 Subdivision 8i 5{l ,as specified in the subdivis on a ement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision: 2. O#LIGA !ON. Windemere BLC Land Company, LLC as principal and: _ The 'American Insurance Comparty a corporation organized and existing under the laves of the State of Nebraska 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 Conga Costa,California to pay as follows: A. Performance and Guarantee: F4.gW Hurtdred BYC Thousand Four hundred Dollars ($81)5.$ .04)for Contra Costa County or any city assignee under the above County Subdivision Agreement. $. Payment: dour Hundred Six,Thousand,Bight Hundred Dollars ($406,800.00 to secure the claims to which reference is made in Title xv(commennccingwitb Section 3082)of Part 4 of Division W of the Civil Code of the State of California_ A. The Condition ofthis Obligation as to Section(2.A.)above is such that ifthe'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 nulland void; otherwise it shall be and remain in frill force and effect. As::part ofthe 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. The condition of this obligation. as to Section (2.8.) above, is such that said principal d the B. `I undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers.material mere and either persons employed in the performance of the.aforesaid subdivision agreement and;,referred to in the aforesaid Civil Cede, 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 cxceeding the amount herein above setforth and also,incase suit is brought upon this bond,Will pay,in addition to the fact amount thereof,reasonable costs,expenses and fetes,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 stipulatedand agreed that this bond shall inure to the benefit of any and al I persons,companies and corporations entitled to file claims under Title 15(commencing,with Sectio 3082)of Part d of Division 3 of the Civil Code,so as to give a right of action to them err their assigns in any suit brought upon this bond. Should the work under conditions of this band 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 plan or specification ofsaid w agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety frpip 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_Sectio 28 l 9 am bolds itselfbound without regard to and independently of any action against the principal whenever taken. SIGNEb A"SEAL! onFebruary 12, 2002 WINDEMERE BLC LAND COMPANY, LLC By; Lennar Homes of California, Inc. PRIN+1rIPAL:' its manager SURETY: THE AMERICAN ItiSUitANCE CaMPANY Address: 3130 Crow Canyon Place, Ste 310 Address: 5 Petters Canyon City amore CA 94583 City: Irvine CA ,Zip 92606 By By: Richard A. Petersen Patricia ire:baser Print Name. print Name: Title: Vice President Title: Attorney-in-Fact wL€sa �3tG tai «c�wuseal2E?�12Fcb�*'y�eiT$&157$P._i�dnc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On February`12, 2002 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia Brebner NAME(S)OF SIGNER(S) personally known to me-OR- ❑ proved to meon the basis of satisfactory evidence to be the:person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. 4t.ct�x H. n WITNESS my hand and official seal. C,ommtss+on#13n6738 + Notary, Public 7 ' Orange County SIGNATURE NOTARY 4 'r My'Co nm Expires,.lun 1.200-5 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) ❑ PARTNER(S) LIMITED HGENERAL ATTORNEY-IN-FACT [� TRUSTEE(S) [❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES' ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Reinmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184' FIREMAN tel)INSURANCE COMPANY NATION ScItETY CORPORATION ASSOCIATED INDEMNM CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN A TIOMOBU INSURANCE COMPANY GENERAL POWER CIS ATr`ORNEI' KNOW ALL MfBN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,ate Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New base cor'p anon redornesticatel in Nebraska, ASS6ebidlc�7► RIDEMNITY CORP6RATION a California corporation, and ANIS ICAN IJTT# C3BILIt INSURANCE CONTAl' X a Nssouri corporation,(herein collectively called"the Companies'}does each hereby appoint Patricia a Brebner of Costa Mesa, CA their true and;lawful:Attorney(s)-in-Fact, with Cull power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,reeognixances or other written obligations in the nature thereof------------ and — •-- --- ----and to bind the Companies thereby as fully and to the same extent as if such bonds were sighed by the President,sealed with the corporate seals of Companies and duly attested by the Companies'Secretary,hereby ratifying and conte all that the said'Aftomy(*in-Faet may do in the premiss. This power of'attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full farce and effect This power of attorney is signed and sealed under the authority of the foilowing Resolutiu adopted by the Board of Directors of each of the Companies at a meeting duly tatted and held,or by written consent,on the 19th day of Mardi 1995,and said Resolution has not been amended or repealed; SOLVED,that the signature of any Vice-Ptesident,Assistant Secretary,and ResidentAssistant Secretary of the Companies, and tate seal of the Companies may be affixed or printed on any power of attorney,on any,revocation of any power of attorney, or on any certificaterelating thereto,by facsimile,and any power of attorney,any,revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shalt be valid'and binding upon the Companies:' IN WITNESS WTWJLEOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 30 day of_ January 2 E101 iEMAN'S FINS?INSURANCE+COWANY °�+ . .•• .. t . . NATIONAL SU RL"I'Y CORPORATION AMERICAN�CYt.Swrtt', ,� o + ` rNF E s►t. THAMERICANINS ANS.+I' COMPANY ASSOCIATE��lyy�I;hWff CUIt.FC3I�tA�fIox AMERIC �`�p ( ,�' .i.„4r\::. C< A�' (4 •r � �OKE 3I�MMANCE COMPANY STATE OF CALIFORNIASS. B t �►.-� COUN'Y`Y OF lvl� y We-ftesidnt On this3. 0 day of January 2 0 0 1,before me personally caste Donn R Kol.becR to tine known,wlm,being by rate duly sworn,did depose and say:that he is a Vice-Pt+estdent of each company,'described:in and which executed the above instrument*that he knows the seals of the said Companies:that the seals affixed tet the said jastrutnent are such company stats,that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS'WTIEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRISTINA,GAZZ tt t C COMM.t<124 Nori y��t*0 wtA 0 STATE OF CALIFORNIA "t3 COUNTY OF MA121N' SS' CLRTIF[CAItE I, the undersigned, Resident Assistant Secretary of eachcompany, DO ABY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in hell force and Inas not been rcvoked;acrd furtfxermorer that Article VII ofthe+By-laws of each company,and the Resolution Of,the Board Of Directors;set forth in the Power of Attorney,are now in force. Signed and staled at the County of Mann, bated the 12th day of February 2002 r: •.x...• 'acs c+a� �x 'a+ 'tarts M'' Zgidmt A,4t-at s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of ciclS'i3�' On 3 before me, 1 Date Name and Tette of Officer(e.g., Jane Doe,Nota Pubtic") personally appeared pct Naffs;Signer(s) ' 6t personalty known to me--OR ❑proved to me on the basis of satisfactory evidence to be the persona} whose name(e)is/afe subscribed to the within instrument and acknowledged to me that heAs#9A4ey executed the D BR -HERWD�OD same in his!#��their authorized capacityoes},and that by CclMNL*1313W his/ r ftF signature(*on the instrument the person(s}, NOTARY PUBUC-CAUFORNtAO or the entity upon behalf of which the persons) acted, CONTRA COSTA COUNTY 0 ` COMM.W.JULY)d,7005 executed the instrument'. WITNESS my hand and'.otficial s a1, f Signature of Notary Publ c OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signer(s); Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner'—❑ Limited ❑General ❑ Partner:--❑ Limited ❑General ❑ Attorney-in-f=act ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee' ❑ Guardian or Conservator . ` a ❑ Guardian or Conservator + . ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing:' Signer Is Representing; ) i' 01995 National Notary Associabon+8236 Rernmet Ave.,P.O.Box 7184+Canoga Park,GA 91308-7184 Prod,No.5907 Reorder:Cafl T60-Free 14800.878.6827 Tax Collector's Office William J.Potlacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 Joseph L.Martinez Martinez,Califomia 94553 Costa Assistant Tax Collector 0063 (925)6446-4122 CountJoslyn Mitchell County (925)646-4135 FAX "1 Tax Operations Supervisor Date: 1118/2002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION! (R&T CODE 2608) THIS LETTER IS VOID.' This will certify'that I''have examined the map of the proposed subdivision entitled: Tract l MS#' City T.R.A. 8150 SAN RAMON 66383 Parcel#: 206-050-008-5 206-050-009.3 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 2001-2002 tax lien has been paid in full. Our estimate of the 2002-20013 tax lien, which became a lien on the first day of January, 2002 is $3,188,300.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original,principal to calculate a segregation is Brad Mills of Muni Financial at 800-755-6864 The amount calculated is void 30 days from the date of this letter. 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. THE SECURITY MAY COVER TRACTS 8149, 8150, 8151, 8152, 8154,8157,8158 WILLI J,_PO Tr r r-T olie or t !. �.` RERLOPAL Tl't C1,,�1'eL1sfiV S l m Windemere.BLC Land Goth ratav,LLC First American' itlMae AA"rte&n IusuaUce,GMany 313r8 Crow Canvn„n Pt c ite 310 ms's Wil Sw-WaY#100, 5 Peters Canyon Road San Ramon., CA 94583 Concord CA 94520 Irvine. CA 92646 AM DonLarson Attu: Sharon ones Attn: Miriam Moss Phone: 9251242-0811 ' Phone:925/355=7025 Phone: 714/368-6000 Bond No. 111 2750 7207 Premium: $14,648,00 YONOWN ALL AEN BY THESE PPLESENM That Windemere BLC Land Company, LLC as principal AnA (Surctyj The American Insurance Company a corporation organized and existed under the laws ofthe`State of Nebraska 04 auti or'sred to transact surety busiaes3 in California as surety art held and firmly bound unto the`Coun y of Contra Costa,Stattof California,its tate penal sum of Four Million One Hundred;Eighty Five l ousand One Hundred and 001100 Aallars (S 41,185,100,(kGt f,tc be paid to said County of Contra Costa,for payment of which will and truly be made,we and each of us bind ourselves,our heirs,executors,adrain strators and successors,jointly and^ severally,firmly by these prtsents. Scaled urith our Seals and dated this 8th day of January 22102' . The conditions of the above obligation is such that VIUBMAS,the above bonded principal is about to file a map entitled Tract Numbers: 8149, 8150, 8151;8152<815C; 8157, 8158 and covering a subdivision at a tract of land its said County of Contra COMA,and tbt~re are certain tuns for taxes and special assem cents Collected as taxes,against the said tract of land covered by said.map,Which taxes and special assessments oollected as taxes,are not yet due or payable. NOW,THEREFORE,if the said Windemere BLC Land Company,LL hall lacy all of ibe tastes and special assessments collected as taxes which are a lien against said lrac1 of land coverts by said map,at the nesse of the filing of said map of said tract,then this obligation shall be void and of no effect,otherwise it shall remain its full:force and effect (Approval St ZM) UA.TE: tWindeumere BLC Land Company, LLC., $pMb -^-- By: Le"nnar domes of California, Inc. C IM15t't`g WIKD AND AP'1r� VXD its manager TR B' �A 00t71�t`1tP` =%gnnt! 2�1t 1'nttcit3al (Antc4Acttxsowlcdgerrcttt The American Insurance Compam by Pri=ipsi) : Surety (Attack Ackaowiedaemont Patricia Bsaebner, Attorney-in-Fact by surety) SON CALIFORNIA ALL'-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On Januaa 9. 2002 before me, Sheila K. McDonald,,�Nota!y Public, personally appeared David Evans, 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: �+►.�• :�.. . LeS. MC DONALD Comn►Won#126 83 W Coram.r)cpir€S A0r?6.2Eaf3a,' OPTIONAL Though the data below is not required bylaw, 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 L.ennar Hames of California' Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Bond Against Taxes Number 111 2750 7207 Number of Pages: Cine t1� Date of Document: January 8 2002 Signers (other than those named above) Patricia Brebner 4ZALIF RNIA ALL-PURPOSE A ' OWLEDGMENT No 6907 State of Califuniia County of Orange On January 8, 2002 before me, Alexis H.Bryan.,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC- personally personally appeared Patricia Brebner NAMES)OF',SIGNEWS> personally known to me-OR- El proved to me on the bass of satisfactory evidence to be the person(s) whose name(s),is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized'capacity(ies),',and that by 'his/her/their signature(s)on the instrument the persons) or the entity upon behalf of which the person(s) acted,;.executed the Instrument. ALEXIS H.8RYAN WITNESS m hand and official seal. Gomrnission#1306738 72 .� Notary Public-California orange County My Comm.Expires Jun 1,2W-5T SIGNATUFM OF NOT Y ip OPTIONAL Though the data below is not required by laver, 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 TfTLI:(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT [l TRUSTEE(S) Q GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER; SIGNER IS REPRESENTING:`' DATE OF DOCUMENT NAND OF PERSON($)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S40871GEEP 2198 01993 NATIONAL NOTARY ASSOMTION•8230 Remmet Ave.,P.O.Box 7184•Canoga Pak CA 91309-7484 } INSUWM OOM PA14Y THE AMMUW INSURANCE tg)MPANY AltiERIGAN A OMOBiLE MSMUNC$COMM GENERAL PO's OP AMR= KNOW ALL MEN BY IBM PRESEWS.That MUM'$FUND T*VWCE CONTANY. a CaUomia corporadctt, NATIONAL SURETY CORPORATION,it IliiDoh corporatison,TIM jWMCA INSMANC E COWANY.a New Jearsa corer BIt.$ omesdestad Is Nebtssstca, ASSOCIATED Il�tDEtvlt�tt I'Y CORPORA a Califs twit c�poration, and A1+ IlCAN t7TWMANCE CC)WANY,a)&now1 corporation,(lrmm co lecdvely anted'"the Com ")does tacit haeby appoint Patricia Bre finer bf Coma Mesa, CA their true and lawful Attorrney(s)-ia fact, with Brit power of authority bereby con€eaM in their Mame, plus and stead, to execute,te, $04 acknowledge and deliver any and all bonds,undertakings, or+ether writhe obligations in the nature ilzrxoot- _-- and m bWd the Companies theaaeby as frrl�y and to the MW extentas ff such bolds'were sigao t by ft President,ses)W with the corpotatc x�k�rise Corr€rprntes and duly attested by tt Omgm lie s'Se tAL7,hereby>rad ging and confumhig all drat the said Awmey(s)4 Fact may doin do; P"l m This we r of attorney is granted under and by dcsuduority of article VII of the 1Cy-laws of each of the Companies which pmvisi n s am now I.lrylforoe and effect, This Iowa of atm oey is signed and seed slider the authority of the following Resotufi ted by Boatel of Dirarra ec of each of the Companies ata meeting dirty called and held,air by written coosenk on the 19111 day of 0the 5,and aid Resoltfim his rase bees amendW or MRSOLVED,that dse sipst um of any Vioe-President Assistant SeKaretary,and Restdcw Assistmt Secretary of the Got pattrtes. snit dw real of dw Compaides maty be afted or i an any power of attMICN on any revocation of any power of aa6ortaey or oa'arty cea'tiftw ting thereto,blr facsimile.ssa3sd any poiwcr of att+omepy,.any, tcrocatim►Of any po9rex of attat�esY.at e�ert?stfYCc ate bearing such facsimile s gnatrrre or€mild a seal shall be valid tad binding aupgn the Cbmpanteas." IN WITmss wHMMP the companies Have caused threw presents to be Zjjfted by their Vic o-i'reskkut,and their corp Xata se&t tcs b6 haftm 4 affixed&h 30 dayof iyAr`±era*'�y , FMMA N'S F[3'M INSURANCE,COWANY ,'�;."+� +�' « • NATIONAL SURIMY C"ARPCIiRATICkIY THEMMUCANINSURANM C MI"ANY ASSOCIATEDOM1Y CIDAPOPAUON +,,...... •. b' " +r s,a'' AMERI71UTOMOBILB Njbj�t�DMPANY'COUM cSTME OF `' SS. >�yVW94rasldaat On ddg -3-0 da�r of 7 ua ,..420-01.befr�me pasonsay r us pons R. IColb!tck to �woo,being biy tare duly sworn,a id deposo and 69s•y:that he is a`Ytce-Frssldent of a companN described ire � the above inskunwi st; he lm ows the scats of the said Co tea,;that the seals emoted to dee said iustr'umeat oras such company moils;got' ttatcy we m so axed by eord�er of the liarrst of I3ir+et tors of sairarpaaies and brat M signed his nine dMeto y lusts otdx 0 WTrHM WIMnoF.I have hereunto sect my hand sial sffurad toy offrrlal seat,the stay and year herein first above.*-dtteaa. xm*A.GAZM CSa.a><t My exmn &*w A0*aoae Of STATE OFCAt..l MMA SS. t 1"tpt+CAT1 COLTM OP MAS L the atigttcd, R siteleu►t Assitasaot Secretary of eacte cotnparty. l �Y C:ErRTEFY ttut the foregoing aaut POWMt OF A'I't't3t EY reemaiaa In€rsrd force ami has eat bexs revatt+ed and fttrthetmc►re tt►at Article VIt r►f'the p!y-tt►ws of each company►sad the Raaalutio✓t of Board of Direas; x fill ttra I'ovrnr of Amy', ► finrca' Signed'&ndz seated art the Comty of Mark. I?a�ted to &y of Jane �2002 Ii/;as►Q ; ` a s w L .,.... a �`�•..«...�' a ���' ltsssiea�t J1ardwat SUBDIVISION AGREEMENT (Government Code§66462 and§66453) Subdivision: SUB 8150 Principal: Windemere BLC Land Company.LLC Effective bate; Completion Period: 1 year DEV ELOPER:W INDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY F CIPAL A Delaware limited liability company Managing Member Maurice M.Shiu,Public Works Director y:Lennar ornia,Inc., ng I r ! r B �) (Signature) (Print name at t[tte) Richard PeEerson Mice t R�f,�(3MlVlENI3EI7 FOR APPROVAL By,° (Signature) Engm ervices`Divisi (Print name&title) Don Larson Chief Financial Officer 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.) i. PAR'T'IES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Principal,mutually promise and agree as follows concerning this,subdivision: 2. jMPROVEMF,NTS. 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 in 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. IME OVEMENT 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 Per€armance and Guarantee: $ $.100.00 cash,plus additional security,in the amount:S 805,400.00 which together total one hundred percent(100°70)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit: With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$405,800.00,which is fifty percent(50alnj ofthe estimated cast ofthe work. Suchsecurity is presented in the form aft Cash,certified check,or cashier's check X Acceptable corporate'surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board'of Supervisors and upon request of Principal,the amount securities may 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 perforin 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 road improvements for private roads,which are not to be accepted into the County road system. 5. 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 deterrrdned 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. IMPROVEMENT 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. 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,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER 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 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 indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property amage inverse con emna ion,or any coin m ion o ese an reg less 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 pToceeding(s)concerning said liabilities and claims. C. The actions causing 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 ofth em; 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 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. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. 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. NON-PERFORMANCE 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. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even 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. INCORPORATION/ANNEXATION. 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 anydeposit,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. 13. RECORD MAP, In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL-.JD-W C,1GrpData\BngSvckW=,enl2002Vwnmwy\SUB 8150 AG-30-doc Rev. October25,2001 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT- State of i�a !c r r ►< County of On =� before me„ Y �) S1)C-11 a)- Data ' ff Name and Title of Officer(a.%,'JAne Ctoe,Notary-uble) personally appeared Names)of Signer(e) 5 Xpersonally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose names)im(are subscribed to the within instrument and acknowledged to that hek refthey executed the same in,hiasf+wftheir authorized capacity(les),and that by r C3E81 A.SMtKI(VUV-K I fsrJtheir signature(s)on the instrument the person(s),, COMM.#1313582 OTARY PUBLIC-CAuFoeNiAID or the entity upon behalf of which the person(s) acted, CONTRA COSTA COUNTY executed the instrument. COMM.EXP.JULY 16,2W5 A WITNESS my hand and official seal. Signature R Notary Publi OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Cate: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Individual C] Individual 0 Corporate Officer 0 Corporate Officer Title(s): Title(s): 0 Partner--0 Limited ❑General G3 Partner---L Limited ❑General Attorney-in-Pact CD Attorney-in-fact Q Trustee 0 Trustee n Guardian or Conservator ❑ Guardian or Conservator - - Other: Tap of thumb here' ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01 A95 National Notary Association-8236 Rernmet Ave.,P.O.Box 7184.Canoga Park,CA 91309-7184 Plod,No,5907 Reorder:Call Toll-Free i-800-876-6827 . t✓i ,C THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 19,2002,by the following vote: AYES: SUpERUISORS UIU(EMA, GERBER, DESAULNIER GLOVER,and GIOTA NOES: NONE ABSENT': NONE ABSTAIN:NONE RESOLUTION NO. 2002/149 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8151,being developed by Windemere BLC Land Company,LLC,San Ramon area(District 111). The following documents were presented for Board approval this date: T. Map The final map of Subdivision 8151, property located in the San Ramon area, Supervisorial District IIT,said map having been certified by the proper officials. H. Subdivision Agreement,, A subdivisionagreement with Winde ere BLC Land Company LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. originator-Public Works(ES) Contact: Teri Rie(313-2363) O.NGrpDatalEngSvc%Oo 2002\3-19-021SUB$151 130-21.doc WLAad ATTESTED: cc: Public Works-R.Bruno,Construction Current Planning,Community Development JOHN SWEETEN,Clerk-of the Board of Supervisors and T-1-19-03Administrator 3130 Wind+en cre BLC Land ConVanyCounty ,LLC 3130 Crow Canyon Rd.,#310 San Ratmn,CA 94593 The Arne rwan in mace Cnrr4)any 5 rears Canyon Road By ,Deputy Irunrt CA 42606 RESOLUTION .2oov 149 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8151, being' developed by Windemere BLC Land Company,LLC,'San Ramon area(District II1). DATE: March 19, 2002 PAGE 2 A. Cash Band Performance'amount: $3,800.00 Auditor's Deposit Permit No. 381790 Date: February 19, 2002' Submitted by: Windemere BLC Land Company LLC Tax ID Number: 94-369-15-16 B. Surety Bond/Letter of Credit Bond Company: The American Insurance Company Bond Number: 11127507579 Date: February 12,'2002' Performance Amount: $372,100.00 Labor&Materials'Amount: $189,000.00 Principal: Windemere BLC Land Company LLC 111, 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 and that the 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January 2002, is estimated to be $2,806,200.00, with security guaranteeing payment of said tax lien as follows: +' Tax Surety Bond Company: The American Insurance Company Bond Number: 11127507207 Date: January 8, 2002 Amount: $4,185,100.00 Principal: Windemere BLC Land Company, LLC NOW, TBEREFORE, 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. COUNTY Of CONTRA COSTA DEPOSIT'PERM T OFFICE OF COUNTY AUDITOR-CONTROLLER, TO THE TREASURER: MART.MZ,CALIFORNIA RECEIVED FROM 1,2 zfi •��' ORGANIZATION NUMBER Imo) rl- Z1. f 'ci y -`/ S (For Gash Collection Procedures we CountyAdminishator's Bulletin 105.) DESCRIPTION FUND/ORG ACCI TASK OPTION ACTIVITY AMOUNT t t L' t �'": �+5 �►- �`�'�"l s �/ '�Flo o�� -� �o�t► t t: I '3, C,0 -moo - EXPLAl!JA,TION. TOTAL $ r DEPOSIT 5 O t 3 Deposit consists of the following items -74" *. CONY and CURRENCY $ _ c CHECKS.MQ,ETC $ �, y 6: 'r _ 7 l; ' �c - S' `' } ' �i., s �'o "SANK DEPOSITS $' FOR AUDITOR-CONTROLLER USE ONLY [r DEPOSIT PERMIT �P �i'/'o:,�+:✓ .:�G-'�' �f''ry',G>G.'�r .r� ..M 'r�G�C� is' :�t' �,• �✓ NUMBER r DATE 381790 F/EB 1.=91,0'2 ASSIGNED The amount of money described d above is her Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deopsit into the Cpwty Treasury odwowWged y .Date � s — Treasurer EXT, Y ,31'REV(7-'➢3) Subdivision: SU$ 81.51 Bond No-t 111 2750 7579 Premium: $1,302.00 IMPROVEMENT StCtW TY BOND ron SII$'btvmsm AGREEMENT (Performance,Guarantee and Payment) (California Govertuncnt Cade§§W99-66499.10) RFcI A4L of SttB_Divt�t(3rt At R1� mANT: The developer(principal)bas executed a subdivision agreement with the County cif Contra Costa to install and pay for street. drainage and other'improvements in Subdivision----$�.�._,'as specified its 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 lags and rulings thereunder in order to satisfy;;conditions for filing of final map or parcel Chap for said subdivision. 2. ONL.tGAk7`#E N: Windemere BLC Land Company, LLC as principal and The American :insurance Company . a corporation organized and existing under the laws of the State of Nebraska 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. PerforrmgncG and Guarantee: red Seven Two Thous tine Hundred Dollars U0,W)for Contra Costa County car any city assignee under the above County Subdivision Agreement R. Payment: tie'Hundred Eighty EigbI Thousand Dollars (S I M29 —M to secure,.the claims to which reference is made in Title XV(commencing with Section 3082)ofPart 4 ofDivision M of the Civil Code of the State of California. 3. -C.QNL)L13M: A. The Condition ofthis obligation as to Section(2.A.)above is such that ifthe above bondcd principal, or tincipal's heirs,executors,administrators,successors or assigns,shall'in all things stand to and abide by and well and truly keep and perforin the covenants.conditions and previsions 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 manger therein specified and in all respects according to their true. intent and meaning and shall indemn.ify',and save harmless the County of Contra Crista (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 pail 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 attorneys fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing'such obligation, all to be taxed as casts and included in any judgement rendered. $., The condition of this obligation. as to Section (2.13.) 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,la►borem.material inert and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials fui-ddshed,labor of any kind,or for amounts due under the Unmployment 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 bro gi►t 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(cotnmencing with ecticsr� 3082)of Part 4 of Division 3 of'the Civil Code.so as to give a right of action to them or their assigns inany shit brought upon this bend: Should the work under conditions of this band be fullyperformed,them this obligation shall become' mull and void; otherwise it shall be and remain in full force and effect C. No alteration of said subdivision agreement or any plan 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 make such alteration without further notice to or consentby the surety, and the surety hereby waives the provisions of California Civil Code Section 2819 and bolds itself bound without regard to and independently of any action agaitist the principal whenever taken_ SIGNED AN0 SEALED on February 12, 2002 WINDEMERE BLC LAND COMPANY, LLC By: Lennar Homes of California, Inc. PRINCIPAL. its manager SURETY: THE, AMERICAN INSURANCE CC?MPA Address: 3130 Crow. Canyon Place Ste 310 Address: 5 Peters Canyon Ci ,an Ra Zi 9 +58 _ City: Ii CA zip: 92606 By: By: - print Name: Richard A. Petersen ''Tint Name: Patricia Brebner Title: vice President Title: Attorney-in-Fact wx.10 0 G DttaeVlstrmL2Va2 Febmm VAUR 91$7 B14-12 dM t�ta. :�v CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 Mate of California County of C}range: On February 12, '2002 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G "JANE DOE,NOTARY PUBLIC" personally appeared Patricia 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) 'is/are subscribed to the within instrument and. acknowledged to me that he/she/they executed the sante in his/her/their authorized capacity(ies), and that by his/herftheir signature(s) on the instrument the persons) or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS IL 8RYrtN WITNESS m hand and official seal. _. Commission#1306738 y Notary Public-California a Orange county r MyCornrr Expires Jun 1,2DD5 SIGNATURE OF TARP OPTIONAL. Though the data ibelow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this€orm. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ !. INDIVIDUALr ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE{S ❑ PARTNER(S) LIMITED HGENERAL ATTORNEY-IN-FACT ❑ TRUSTE (S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES F] OTHER: SIGNER IS REPRESENTING; DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236`RemmetAve.,P.O Box 7184•Canoga Park,CA 91309-7184 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURD Y CORPORATION ASSOCIATED INDEMNITY Coltpomna THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMORME INSURANCE COMPANY GENERAL POWER OFATr0RNHY KNOW ALL MEN BY TIi SE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANX a California corporation, NATIONAL SURETY CORPORATION'an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in X Nebraska, ASSOCIATED INDECORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies')does each hereby appoint Patricia Brebner of Costa Mesa, CA their true and lawful Attorney(s)-in-Fact with fullpower,of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------ and ---- --- ..--.and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President;sealed with the mate seals of the Companies and drily attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attcaney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions ars now in full'force;and effect This power of attorney is signed and sealed under the authority of the following Resolaticrp adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of Matrix, 1995,and said Resolution has not been amended or repealed 'RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Cnrupanies, and the seal of the Got snares may be abed or printed on any power of at y,onany revocation of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies: IN V TTNESSc.WTIEREOR the Companies have caused these presents to be signed by their Vico-President,and their corporate seals to be hereunto affixed this 30 day of January 24301 PHU24AN' FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ae►r xvM �"+ ` " t ll,t K z THE AMERICAN INSURANCE COMPANY ASSOCIIA'I'ED MEA?INrly CORPORAnC?N u _+,.><..• �'krt '�` `s'are yb+�` ' eo syp' AMERI �U"I'OMOBILEINSURANCE OOMRANY STATE CIF CALIFORNIA SS. By CIOUNTY OF hL YNCt- taau On this 3�0 day of Jgnxaary ,--2-0 01,before me�rsoiyally came� Donn R. Kotbeck ur rile trnown,who,being by me+duly sworn,diel dep€ssa and say.that he is a Vlce-Pce$td+ratt of each coml►atry,described in and which executed the above instrument;that he knows the stab of the said Companies;that the seals affixed to the said instrument are such company seals,that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,tEOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. ,. KRISTIN A.GAZZOU comm.iii t. wos uiir Pusuc-ALIFxwuA �c� 0 My Om.60M Apt 2%.2W - . STATE OF CAL*DRMASS. N COUNTY OF l ctTcAT> I. the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF A'I't'O NEY remains in full force and has not been revoked;and furthermore that Article VII of the By-lays of each company,and the Resolution Of the Board.of Directors,set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 12th day of February. 2002 61 �t �Y i1 :.r,•a.aru+r+' kC't « �`'rA7f���gvF�� ,ij ,�., Resident Assistant s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 1 s rC1t'f1 i;cr�y County of _,. Cno fr y o S On_",I AYU r'3 L 1Z)0 before me �t� � ,1 Qx -`J r 'l Lk ii,c Date Name and Tina of Officer a g.."Jana Dae;,"ry Public") personally appearede- r Name(s)of Signer(s) 4personally known to me–OR–El proved to me on the basis of satisfactory evidence to be the persons) whose names)is/are subscribed to the within instrument and acknowledged to me that he%fey executed the same in his/#er�#h&authorized ca act y p tY(+�}�and that b to # t his/tieH*i&signature{soon the instrument the person(4 or the entity upon behalf of which the person(ms) acted, '. executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent' fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document bate. Number of Pages: Signer(s) Other Than famed Above:: Capaeityiies) Maimed by Signer(s) Signer's Name: Signer's Name: 0 Individual Cl Individual El Corporate Officer ❑ Corporate Officer Title(s): Title(s): 0 Partner—©'Limited Q General 0 'Partner—11'Limited 0 General` 0 Attorney-in-Pact D :Attorney-in-Fact • Trustee Ci Trustee • Guardian or Conservator - ' © Guardian or Conservator w • Other: Top of thumb here 0 '{ether: Tap of thumb here Signer Is;Representing: Signer Is Representing; ,1 01995 National Notary Association•8238 Remmet Ave.,PCD,Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call toll"Prea 1-800-87"827 Tax Collector'sOffice William J.Pollaeek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 1003 Joseph L.Martinez }- P.o.Bax 631 Costa Martinez,;California 94553- Assistant Tax Collector 0063 chell (925)646-4122 County Tax O r tions (925)646-4135 FAX Sax Operations Supervisor u Date: 1118/2002' IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled. Tract I MS# Ci T.R.A. 8151 SAN RAMON 66383 Parcel#: 246-054-449-3 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 2001-2002 tax lien has been paid in full.' Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is :$2,846,244.4{} This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a,segregation is Brad Mills of Muni Financial at 800-755- 864 The amount calculated is void 30 clays from the date of this letter. Subdivision band 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. THE SECURITY/VIA`(COVER TRACTS 8149, 8150, 8151, 8152, 8154, 8157, 8158 WILL M J. POLLACE Trea ur - olle r By: i h. Windemere-BLC Lan C0masn ,LLC First American Title The ican Insurance Gxrmaany 3130 Crow CanPlace Suite 310 355 Willow Kay #1Q0 -5 Peters Canon !toad San Ramon:, CA 94583 Concord, CA 94520 Irvine. CA 92605 Attn: Don Largon Attn: Sharon Jones Atin: Miriam Mose Phone: 925/242-68,11 Phone: 9251356 7025 Phone: 714/368-6000 Bond No.. til 2750 7207 Premium: $14,648.00 BONS AGA4NST TARE l-NOWN ALL MEN BY THESE PAESENTS:' T1tst Windemere BLC Land Company, LLC as principal And {SuretyI The American Insurance Company .a corporation organized and existed under tate laws of the Mate of New,braska atu!8uliotiztd to wansact'sway bush ou in California as surety art held and firmly!sound unto lha`County of Contra costa,State of California,in tha pznai sum of Four Million One HundredEigbty Five Thousand One Hundred and 001100 I"lilllars (S 4,185,100.,04" ),to be paid to said County of Contra Costa,for payment ofwhich will and truly be made,we and each of us bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by'hese presents. Sealed with our Sects and dated this 8th day of January 2002' , The conditions of the abovo obligation is such that WFIMRRAS,the above houndett principal is about to file a map Mitled Tract Numbers: 8149, 8150, 8151,8152<8154; 8157; 8158" and covering a subdivision of a tract of laud in said County of Contra Costa,and There art certain liens for taxes and special a"essments collected as taxes,against the said tract of land covered by said map,wbich Taxes and special assessments`collected as taxes,are not yet due or payable, NOW,THEUFORE,if the said Windemere;BLC Land Company,LL hail pay;all of this taxes and special assessments'collected as taxes which are a iter against said tract ofland covered by said snap,at the ti€tte of the filing of said trap of said tract,Then thin obligation shall be void and of no effect,otherwise it shall remain in full'force and affect: (AFprOV31 Stamp) DATit: '41&511�2d Windemere BLG Land Company, LLC. BOND R�yq By: Leanar Homes' of California, Inc. CC71V1'RA AND AMOVg1 its manager GUWTr TEN BY R Pttttcltt3l (Arrack xclosowltdgetnent _The American Insurance Company by Pzincipul) S et!y (ATt4th a ckaowled¢ttsxnt Patricia Vkebner, Attorney-in-Fact by Suraty) r CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On Janualy,9. 2002 before me, Sheila K. McDonald. Notary Public, personally appeared David Evans, personally known to me to be the personwhose 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.. . –�—=-----� S. NAC DONALD Commission#1260483 orange Gouniy QMyCCrnmExplresApr1S,20D4; 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 ' L.ennar Homes of California 'Inc. DESCRIPTON'OF ATTACHED DOCUMENT Type of Document. Bond Against Taxes Number 1112750 7207 Number of Pages: One(1) Date of Document: January 8, 2002 Signers'(other than those named above): Patricia Brebner ,ZALIFQRNIA-ALL-PURPOSE A OWLEDGMENT No.6907 State of California County of Orange On January8. 2002 ;before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' , personally'appeared Patricia Brebner NAMES)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) 's/are 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 persons) or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXISH.BRYAN :Commission#1306738 t WITNESS m hand and official seal Notary Public-California L Z Orange County W 0. V 4 1. my comm.Fxpires Jun 1,2005 - TOM OF NOT Y 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 forth. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED'DOCUMENT ❑' INDIVIDUAL ❑' CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑', PARTNER(S) 8 LIMITED GENERAL ' ATTORNEY-IN-FACT TRUSTEE(S) ❑' GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 5-4087/GEEF 2198 01'993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Bola 7184•Canoga Park,CA 91309-7184 .► •> EMAN'S FUND INSURANCE COMPANY NATIONAL R M CORPOR NTION`. ASSOCIATED INDEX CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOB LB INSURANCE 00 ANT GENERAL POWER flip ATTORM KNOW ALL MW BY TIMM PRESENTS,That f9W4AIsI'S FUND INSURANCE COMPANY, a Californis corporation, NATIONAL SURETY CORPORATIf}N,an Illinois corporation,THE AMESUCANINSURANCE COMPANY,a New NexseyTtion red ornestkatt d In Nebtaska, ASSOCIATED 1NDE1�+INIT�t' C©RP6RATION, a' California corporation, and AMEItlCAN A MC18II,E'INSURANCE COMPANY,a Missowi corporation,(hexon collectively called"tit Companies")does each hereby appoint Patricia Brebner Of Costa Mesa, CA their true and lawful Attorney(s}in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal. acknowledge and deliver any and all bonds,undemddngs recognizances'or other written obligations in the nature thereof---------- and to bind the Companies tray as fully and to the same extent as if such bonds wort Aped by the Wit;wabd with fire seals etif lbs' Compaulrai and duly attested by the Companies's'SftTetaYy,hereby'ramifying and confirming all that the said Attmney(s}'&FjA may in the preaAll es. This power of attorney is granted under and by the authority of Article VII of the By-laves of each of the Companies which provisions,erre now in W force and tBect. This power of anonnray is signed and sealed under the authority of the followlag Resofudcq adopted by the Board of Directors of each of the Companies at a meeting duly called and held,at by written,consent,on the 191 day of Mas*I"SS,and said ResolMion'has not bees=ended or moodeet: "RMLYED,that tha signature of any Vux-President,Assistant Se= ,and Resident Assistant Se crewlr of tie Companies, and the seal of the Commpp may be Axed or printed'on any power Wormy,on any revocation of any power of anorney, or on any cer0cate a€e1a�g t'h.&W,by facsimile;sand any power of attorney..Any moeatiou of any power of attornoy"este cxrdficate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies," IN Wr1NESS'9Vl IIrrRFeJJF,the Companies have caused mese presents to be st ed by their Vice-Freside nt,and their corporate seals to be hereunto affixed this O day of January FWKWS FUND INSURANCE COWAN i UTOM NATIONAL SURETY CORPORATM gm THEA IERICANMURA C O ANY ASS "ED MENINIij CORPOR 114�7i7 It`NSURAN'CB C€7ii9I'ANY STATE OF CALWORhliACO3UNTY OF MA" 5S« Y3dmr on" 310e of January 0 01,before me p�oully came Donn R. 1Col,becic to ren imown,who.being y me duly sworn,did' 0 aaad say.;that he is a Yui-Prestderat of each b company,described In and w e xecated the sheave insert;the he lmows the seas of flue surd Co see,that 1e SWSL affixed to the said instrument are such oompsny seals;that they were to affixed by order of the Board of Directors of said companies and that he sigrnw Zeit name thereto by 1t`lrm w&w.. IN Wrt ms'WVl~TiEt OP,I have hereunto set my hand and affixed my official seal,the day and year hemin n first above written. 4:CyAAt6 ti aoaF,raerr WWff 4 tfir e;ornn Ibpk�Ape AML * =t A ` STATE OF CANt"i LI ?1A CCit.Tbtl'Y OF MAIM SS' CERTINCATE I, tho undersigned, Residenit Assistant Secretary of each company, DCS MMY CI WIFY that the:.foregoing and a4mbed POVM OFATT'f RI► remains La flint force and bar not been revoked;and furthermore that Mete VII of the By-laws of each company,and the RWWution of the Board of Directors;set forth in the Power of httarremy,mm tiow in(orce Signed and sealed at the Connty oflvtarin« heated tidy h day of January 2002 save • • • NSA L n x`•+w..a' "� � '� 1t�ldeat Assbfaat SUBDMSION AGREEMENT (Government Code§66462 and§65463) Subdivision,: SUB 8151 Principal: Windernel„e BLC Land Company.LLC Effective Date; Completion Period: 1 year DEVELOPEIt:WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: A California limited liability Company By: ,EN-OBS Windemere,LLC, CONTRA COSTA COUI*1TY PRINCIPAL A Delaware limited liability company Maurice M.Shiu,Public Works Director Managing Member By:Lennar Homes of California,'Inc., ag' By. d Z'j, {signature} 'chard Peterson vice P ident RE (?MMENDE OR APPROVAL y._ By; (signature) Engi � ename title)Division {Print natitle} Don ars Chief Financial Officer FORM APPROVED: 'Victor J.Westma 1,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"Coup 'and the above-mentioned Principalmutually promise and agree as follows concerning this subdivision: 2. 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 in the improvement plaits 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. 1MPROY ENT 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: S j3Q0.00 cash,plus additional security,in the amount-$372.100A 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. 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. F r Eavinent: Security in the amount:$188.000.00,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 X Acceptable corporate surety bond. Acceptable irrevocable letter of credit: With this security,Principal guarantees payment to the contractor,subcontractors and to:persons'renting equipment or furnishing labor or, materials to them or to Principal.Upon,acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities maybe reduced in accordance with§94-4.406 and§944.408 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 road improvements for private roads,which are not to be accepted into the County road system_ 5. 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 controland other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT 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. 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,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER 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 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 indemnities benefited and protected by this promise are County and County's special district;elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination ofthese 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 causing 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. Non-crrnditions: 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. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby; 10. SURVEYS. 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. NON-PERFORMANCE AND COSTS''1f 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: Principal hereby consents to entry on the subdivision property by County and County forces,including,contractors,in the event County proceeds to complete and/or maintain She work. 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 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 ifPrincipal subsequently proceeds to> complete the work. 12. INCORPORATION/ANNEXATION. 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. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map,for said subdivision. wGud GAGfpDataTngSvt\F6mw\AG WOMAG-30.doc' Rev. October 25,2001 ..::x.....,::,..:::::::::=s•.::::;::. ..x.:a:;a:;:::;ar:::a::a;:::::....:::;:.•..::.:. CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of oalif 'tnjd-/ County of On t 1 before me", Date Name and ftteof Officer(e. g., "Jane LS6a.Nota PubNc"T personally appeared ha M�, P -&n Name(s)of Signer(s) '' personally known to me-'OR-C1 proved to me on the basis of satisfactory:evidence to be the person(s) whose name(s)Ware subscribed to the within instrument and acknowledged to me that i4efthey executed the DEBRA A.SHERv+lOOD same in*is/�/their authorized capacity(ies),and that by {� COMM.*1313582 NOTARY PUuC-CAttFORNFA - �ltheir signature(s)tan the instrument the ?@rSC?n(s) CONTRA COSTA COUNTY 0 or the entity upon behalf of which the person(s) acted, COMM.EXP.JULY aa,coos-' executed the instrutent. WITNESS my han d official seal. Signature of Notary Public OP71ONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: ;l Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 7 • Individual 0 Individual • Corporate Officer 0 Corporate Officer Title(s): Title(s): Cl Partner—Cl Limited 0 General 0 Partner---'0 Limited ❑General • Attorney-in-Pact ❑ Attorney-in-Fact • Trustee 0 Trustee , 0 Guardian or ConservatorUM 0 Guardian or Conservator T ED Other: Top of thumb here 0 Other: Top of thumb here Signer Is representing: Signer is Representing: l 01995 National Notary Association•'$236 Rernmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 ' Prod No.5907 Reorder:Gall 1614-Free 1-800-676-6827