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HomeMy WebLinkAboutMINUTES - 05062003 - C15-C19 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on May 6, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/263 SUBJECT: Approve the Second Extension of the Subdivision Agreement for Minor Subdivision 4-95, Rodeo area. (District II) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Richard Spencer and the County for construction of certain improvements in Minor Subdivision 4-95, in the Rodeo area, through April 12,2004; ♦ APPROXIMATE PERCENTAGE OF WORK.COMPLETE: 20% ♦ ANTICIPATED DATE OF COMPLETION: October 2004 ♦ REASON FOR EXTENSION: Attempting to sell lots to finance improvements. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken c:\GrpDatalEngsve\BO\2003\5-06-03vus 4-95 BO-1 l.doc and entered on the minutes of the Board of Supervisors on the date PE:tm shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) ATTESTED: MAY 06, 2003 cc: Public Works-T.Be1F,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—2/8/21304 Richard Spencer Spencer Construction Company 1104 Dennis Court Rodeo,CA 94572 By ,Deputy RESOLUTION NO.2003/ 263 CONTRA COSTA COUNTY SUBDIVISON AGREEMENT EXTENSION Development Number: Minor Subdivision 4-95 Developer: Richard Spencer Original Agreement Date: September 12,2000 2nd Extension New Termination Date: April 12,2004 Improvement Security Security Tyne Security Amount Cash: $21,700.00(Performance) $ 10,850.00(Labor& Material) The Developer desires this Agreement to be extended through the above date;and Contra Costa County hereby agrees thereto and acknowledges same. , } Dated: I .3 Dated: t C FOR.CONTRA COSTA COUNTY Maurice M. Shiu,Public — j2� Woks D to Developer Signatu s By: Cl Printed RECOMME PP OVAL: Address By: ng Services Division) Surety or Financial Institution Address (NOTE: Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Attorney in Facts Signature FORM APPROVED:Vim J.W.mism Conmy Cownsd Printed After Approval Return to Clerk ofthe Board _. _ _ { CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofCa 0 f6 r-r,i q OPTIONAL SECTION County of r "moi Y Y'n CAPACITY CLAIMED BY SIGNER On 1+-:b d�_- before me,�t�Xr QPfNIEe r1r"11SCC ;`\j o tt- ry' PLA-6111 Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.,"SANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to personally appeared Q3,C t"� fit?Y7 G e_t"' persons relying on the document NAME(y)OF SIGNER ❑ ❑ INDIVIDUAL personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(f)whose name(*)is/are subscnbed TITLE(S) to the within instrument and acknowledged to DA71A RENEE TREMBLE me that he/sh&Wwy executed the same in O ❑ PARTNER(S) ❑ 0 LIMITED Commission# 1381962 his/lrw."r authorized capacity(i*L),and that by ❑ ❑ GENERAL his/hwAWWr signatureN on the instrument the NOficiry l�tabiiC Calitomid person(k)or the entity upon behalf of which the ❑ ❑ TRUSTEATTORN(S) FACT Contra Costa County personN acted,executed the instrument. ❑ ❑ TRUSTEE(S) My Comm.Expae50ct28,2C106 ❑ ❑ GUARDIAN/CONSERVATOR W TTNESS y hand an fiicial seal, 11 13OTHER: f � '��<r'K fl:c SIGNER IS REPRESENTING: Y SIGNA OF NOTAR (NAME OF PERSON(S)OR ENTITY(IES)) 110 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. Il. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. �a)The Chair of the Board b)The President c Any Vice-President GROUP 2. a)The Secretary b)An Assistant Secretary c The Chief Financial Officer ldThe� Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of resolution of the Board of Directors authorizing the person staining 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." THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution:on May 6,2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER ANIS D SAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/ 278 SUBJECT: Approval of Subdivision Agreement (Right-of-Way Landscaping) for PA 0049 (cross-reference SVB 7984) Neighborhood 9 Park, San Ramon. (Dougherty Valley)area. (District III) The following document was presented for Board approval this date for, PA 0009 (cross- reference SUB 7984)Neighborhood 9 Park located in the San Ramon(Dougherty Valley)area. A Subdivision Agreement (Right-of-Way Landscaping) with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Cade, as follows: L Cash Deposit Deposit Amount: $1:9,600.00 Deposit made by: Shapell Industries of Northern California Auditor's Deposit Permit No. and Date. 400971, February 25, 2003 sG:rm I hereby certify that this is a true and correct copy of an G:\Originator. ublic arks(ES) 0009 Bo-]s.doc action taken and entered on the minutes of the Board of E3riginnfor: Pu#sl�c Works{ES) Contact: Teri Rie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T-2-04-c4(PI) ATTESTED: MAY 06, 2003 Shapell Industries of Northern California S.warden and J.Gold JOHN SWEETEN, Clerk of the Board of Supervisors and 104 North Milpitas Blvd. County Administrator Milpitas,CA 43035 National Fire Insurance Company of Hartford Margaret F.Leong 5820 Canoga Avenue,Suite 200 Woodland Bills,CA 41367 By ,Deputy RESOLUTION NO.2003/ 278 SUBJECT: Approval of Subdivision Agreement (Right-of-Way Landscaping) for PA 0009 (cross-reference SUB 7984) Neighborhood 9 Park, San Ramon (Dougherty Valley) area. (District III) DATE: May 6,2003 PAGE 2 II Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929270196, February 19,2003 Performance Amount: $1,939,900.00 Labor&Materials Amount: $979,750.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc., a Delaware Corp. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/278 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: PA 0009(Cross»Ref SUB 7984) Effective Date: V 6. ztms Neighborhood 9 Park Subdivider: Shagatl Industries of Northern California. Completion Period: 1 year a Division of Sha ell Industries. 1'nc. THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA,A DIVISION OF SHAPELL INDUSTRIES, INC. Maurice M. Shiu, Public Works Directcz lzq By: A^ (signature) (ptint name&t e RECOMMENDEDFOR APPROVAL: , � '''� ,fir , ✓'" By: (signature) '` Engineering Services Dl on (print name&titts) SYs AS515,, SZC—n. FORM APPROVED: Victor J.Westman, County Counsel (NOTE:Ali signatures to be acknowtedged. If Subdivider is incorporated,. signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements, signs, strest lights, firetiyrfrants, 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 Costs County Ordinance Code(Including future amendments thereto). Subdivider 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,the Subdivider shall,pursuant to Government Code§66499,and the County i5rdinance Code,provide as security to the County: A. For Performance and Guarantee: $ 19 600.00 cash,plus additional security,in the amount of $ 1939 900.00 which together total one hundred percent(100t/1o)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,the Subdivider 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 of$ 979.750.00 ,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,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. .................. ........ .......-.....I..................... ........ C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK Subdivider guarantees that said work shall be free from defects in material or workmanshlp and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,'Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider 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,Subdivider shall make whatever changes are necessary 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 Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and Its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and includingpersonal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such lailty,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and Including the defense of any suit(s),action(s),or other 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 the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one of more of them', D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)In connection with this work or 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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider 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 Subdivider tails to complete the work within the time specified In this Agreement,and subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work Ty contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation Incurred by County in connection therewith,even it Subdivider 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,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. Awiap G*AGrpData\EnUSvc\Forms\AG WORMAG-30A.doc Rev,May 1&2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California s. County of � 1K L: On C: C before me, _ -- ` ! rt Date Name and Ti#te of Officer(e.g "cane floe:Notary P[biic"} l personally appeared s� ;37_ ~ � 1 1 Name(s)of Signer(s) z ❑personally known to me proved to me on the basis of satisfactory evidence N. I P11 t to be the person( whose name,) +s/are ' £ subscribed to the within instrument and acknowledged to me that M494-te/they executed the same in *ivs/hear/their authorized , ��1E„p capacity ies , and that by herttheir ?2} Awolt� piKtrttlsln#13115823 signature�on the instrument the person, or a the entity upon behalf of which the person, f#a$wnPubltc r Cpeomis tu Clare COU nty acted, executed the instrument. z F*t"Jul30,2G1n5 WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public ✓,� N OPTIONAL Though the information below is not required bylaw it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document ] !�Ji Description of Attached ocument Title or Type of Document: l� Document pate: __Number of Pages: t— Signers)Cather Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual iTap of Thumb here 1 ❑ Corporate Officer—Title(s): ❑ Partner--❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee i ❑ Guardian or Conservator ❑ Other: tj Signer Is Representing: _ �i 01989 National NotaryAssociation•9350 De Soto Ava.,P.D.Box 2402 Chatsworth,CA 91813.2402»www,nationainotary.org Prod.No.5907 Reorder:Call 7011-Free 1-800.878-8827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT -fICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: -MARTINEZ,CALIFORNIA RECEIVED FROM j ORGANIZATION NUMBER 'w✓ ti . {t`lrganinaiicn) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACT TASK OPTION ACTIVITY AMOUNT �:�� 4 { 4� 4wv 1:%• J I f++s 1 JMf 1 �' 1 f f a'`' �.✓� I } ' I T F•f ff' t f .yf C �l i t"J. t Ji {` ! l $ t r C' 1 f 3 !. Ct.f {^ t11 ➢#t 1 � EXPLANATION: TOTAL $ 0a DEPOSIT t - Deposit consists of the Wowing items COIN and CURRENCY $ r CHECKS,M.O.,ETC. $ p m _ BANK DEPOSITS $ £ C) FOR AUDITOR-CONTROLLER USE ONLY E✓ !! DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount*hereby deposit into the County Treasury, ocknowl dged. ' Signed: M 12 Date Title EXT. y Signed: Jigr+ed De t County Au ds r Depufy County Treasurer `t `` C. , ` �t C$�r nL,. ISAks, -- �✓ & U +- RS CC7 t ' i I y � '14+ 3U 4 ?'J t - , z # J } if �•y p J� .r .-y if `i t) ��{�e..ty� i j A�; , 7 000682-9752 / 819200: G1115564, $6,090.00,090.00, Dougherty Road Maintenance- Fee COA, 30 Permits Lots 207-223, 236-253 HOLD RELEASED, Brookfield 1-fomes, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 0001682-9752 / 819200: 01115565, $60,346.00, ECTIA Fee Adjustment 13 Lots Underpaid SUB 8428, Koper Development, 4125 Blackhawk Plaza Circle #203, Danville, CA 94506 000649-9665 / 831000: G1115463, $500.00, RS 2761 Record of Survey Map Check Fee Deposit, Mark Coffrini, 105 Comrose Place, Walnut Creek, CA 94596 000649-9665 / 831000: G1115464, $500.00, RS 2760 Record of Survey Map Check Fee Deposit, Rail Surveyors & Engineers, Inc., 15 Duarte Court, Suite 100, Alameda, CA 94502 000649-9665 / 831000: G1115473, $1,550.00, MS 02-0010, Minor Subdivision Map Check Fee, Jim M. Zygutis, 222 Wayne Avenue, Alamo, CA 94507 000649-9665 / 831000: G1115474, $157,300.00, PA 0009 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 / 831000: G1115485, $6,430.00, SUB 8356 Improvement Plan Check Deposit, Vilma Graves, 4515 Fieldcrest Drive, El Sobrante, CA 94803 000649-9665 / 831000: 01115486, $1,625.00, SUB 8356 Major Subdivision Map Check Fee, Kister, Savio & Rei, Inc., 3095 Richmond Parkway, Suite 214, Richmond, CA 94806 8-19800-0800: G1115474, 19 -600.00, PA 0009 Landscape Improvements Cash' Bond, Shi pefii Industries of Northern California, 1:00 North Milpitas> Blvd., PO Box 361169;Milpitas, CA 95035> PA-4009(Cross Ref SUB 71W), Subdl<v>lsion: Neighborhood 9 Park,Gale Ranch 11 Band No.: 929270196 Premium: $9,700.00 IMPROVEwNT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. RECITAL of SupmyIsioN AGREE1tIEl I t The Principal has executed an agreement with the County to install PA-0009(cross and gay for public right of way landscaping, and other related improvements in Subdivision Ref sua magi. Neigh d s as specified in the Subdivision A (Right ofLandscaping), Sark r�ara�7xrrrhrE l� Agreement hf Way� $ and to complete said work within the time specified for completion in the Subdivision Agreement (Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Shapell Industries of Northern California.A Division of Shapell industries,Inc..a Delaware Doro. ,as Principal,and National Fire Insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT , 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 it: A. Performance and Guarantee: One Million Nine:Hundred Thirty Nine Thousand Nine Hundred Dollars and 001100 Dollars($ 1,939;900.00 )for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Nine Hundred Seven#y Nine Thousand Seven HundredFifty Dollars and 00/100 Dollars($ 979,750.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082)of Part 4 of Division III of the Civil'Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its 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 is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void.,otherwise it shall be and remain in full force and effect. ...................................................... .............................................. .......................................... .......................................... ............................................. As part of the obligation secured hereby and in addition to the face amount specified tberefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(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 firtnty bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials ftimisbed or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as casts and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the bemfit of any and all persons, companies and corporations entitled to file claim under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give aright of action to them or their assigns in any suit brought upon this bond. Should the condition 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 plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on February 19, 2003 Shapell Industries of Northern California,A PRINCIPAL:Division of Shapell Industries, Inc.,a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5820 Canoga Avenue, Suite 200 City. Milpitas 4 42 Zip: 95035 City:Woodland Hills Zip: 91367 By: e" By: Nathan g Print Name: arpell Print Name: 4arg�ret 11'. Ler, Title: President Title: Attorney-in-Fact By: Margaret Leo Print Name and TZ9. Vj e President) MW NWWS1\SHARDATA\Q?Data\EngSvo' 14 X-12A.doe ..................................... ............ NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.40). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES _. The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Hien By These Presents,That CONTINENTAL CASUALTY COMPANY,;an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Margaret F.Leong, lndividugy of- Beverly Hills,California their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on theirbehal€bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 3rd day of June 1 1998 owlCONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY It °v SE.Ai. Marvin J.Cashion Group Vice President State of Illinois,County of.Cook,ss: On this 3rd day of June 19988 , before me personally came Marvin J.Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago, State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument,that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. kr q "01tY P UBLIC My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE 1,Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,.NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force.In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this ..day of CONTINENTAL CASUALTY COMPANY . 'C C;•r ` , � 4.s° � NATIONAL FIRE INSURANCE COMPANY OF HARTFORD CO"PO Arae C+„ �, mar�Ace"ONA1 AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA JULY It ©u SEAL.. � toot .� (Rev.10111!37) Mary A. Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the sea]of the Company thereto. The Chain-tan of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attomey-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved;that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company maybe affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seat of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact subject to the limitations set forth in their respective cen7ficates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seat of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." State of California County of Los Angeles On k L-t / before me, Ain t.'7 orale NAME. TITLEOF OFF:IANE COE.NOT Y PUBLIC- personalty appeared Margaret F. Leong NAME(S)OF SIGNER(S) {x } personalty known to me —OR — (.Y,_) proved to me on the basis of satisfactory evidence to be the person(3t) whose name(l) istzu subscribed to the within instrument and acknowledged to me that M/sheJXIWexecutdd the same in *ez4her/3tMWCauthorized capacityf.". and that by=wherftttwx signature(sj on the instrument the person((), of the entity upon behalf of which the person(o acted, executers the instrument. WtTNES my hand and official seatANN P!E.U11!kNT . : f z' ' ' SIGNATURE OF NOTARY �, y d (,FSa IS r 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 forret. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL { . .) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT {_ .) PARTNER(S) {�..) LIMITED GENERAL NUMBER OF PAGES #�) ATTORNEY-114-FACT. . ( �) TRUSTEE(S) GUARDIAN/CONSERVATOR (�} OTHER DATE OF DOCUMENT SIGNER 13 REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company or arttar SIGNER(S) OTHER THAN NAMED ABOVE CS•r at.zs-e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles on February 19, 2003 before me, Ann Pell ant, Notary Public Date Name and Title of Officer(e.g.."Jane Doe,Notary Pubite") personally appeared Nathan Shapel l and Margaret Leong Narie(s)of Signor(s) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 49/are subscribed to the within instrument and acknowledged to me thatAehs+ie/they executed the same in 44sAw4their authorized �+ capacity(ies), and that by -!'rirs4HWtheir AINN PELIANT signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. MyCX rm,Expires Nm 17,20% WITNESS my hand an ictal_ 1. 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 Date: Number of Pages: Signer(s)other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: J, Individual Top of thumb here Corporate officer—Title(s): E. Partner---❑ Limited ❑General 17 Attorney-in-Fact C Trustee C Guardian or Conservator ❑ other: Signer Is Representing: 0 1499 National Notary Association•9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nafionalnctary.org Prod.No.5907 Reorder:Call Foil-Free 1.800.876-6827 I �I� I II �I IIIA 1 1101 �I I Recorded at the request of: uiC COSTA CO Recorder Office Contra Works County ent STEPHEN L. WEIR, Clerk-Recorder Engineering Services Division DCC-" 2003-0211504-00 Return to: Public works Department Wednesday, MAY 07, 2003 10:23:28 Engineering Services Division FRE $0.00 Ttl Pd $0.0$ Nbr-0061473063 1rc/R9/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on May 6, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, ,GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 20031279 SUBECT: Accepting completion of improvements for the Road Improvement Agreement for Road Acceptance 1112 (cross-reference Subdivision 8429, Unit 3 of Subdivision 8023), and declaring a portion of Bixler Road as a County road, Brentwood area. (District III). The Public Works Director having notified this Board that the improvements for Road Acceptance 1112(cross-reference Subdivision 8429,Unit 3 of Subdivision 8023),the widening of Bixler Road,from the southerly limit of Subdivision 7686 to Regatta Drive,have been completed as provided in the Read Improvement Agreement with Hofrnann Land Development Company heretofore approved by this Board, PE:rm I hereby certify that this is a true and correct copy of an 0:\orpData\EngSvc\BO\2003�s 6-03\lea 1112 B042.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Rich Lierly(313-2348) Supervisors on the date shown. cc: Public Works -Accounting -T.Bell,Construction -Maintenance(w/Plat) -T-May b,2004 ATTESTED: MAY 06, 2003 Recorder(via Clerk),then Records Section CSAA-cartog JOHN SWEETEN, Clerk of the Board of Supervisors CHP,c/o,Al and County Administrator Sheriff-Patrol Div.Commander Hofmann Land Development Company 1380 Galaxy Drive By ,Deputy Concord,CA 94320 The American insurance Company One Market Plaza Spear Street Tower San Francisco,CA 94111 RESOLUTION NO.2oo3t 279 SUBJECT: Accepting completion of improvements for the Road Improvement Agreement for Road Acceptance 1112 (cross-reference Subdivision 8429, Unit 3 of Subdivision 8023), and declaring a portion of Bixler Road as a County road, Brentwood area. (District III). DATE: May 6, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 6,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Road Improvement Agreement: DATE OF AGREEMENT SURETY August 14, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $80,500.00 Bond No. 11141714078 issued by The American Bonding Company be RETAINED for the six month lien guarantee period until November 6, 2003, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening ofBixler Road,from Marsh Creek Road to Regatta Drive, is ACCEPTED and DECLARED to be a County road; the right of way was dedicated for public use on the Parcel Map of Minor Subdivision 39-91 filed December 3 0, 1998 in Book 176 of Parcel Maps at page 14,Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $1600.00 cash deposit(Auditor's Deposit Permit No. 372304 dated July 31, 2001)made by Hofmann Land Development Company and the performance/maintenance surety for $159,400.00,Bond No. 11141714078 issued by The American Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOLUTION NO. 2003/279 .....................................................................I........... ............I..............................................I.........- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on May 6, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKENA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/280 SUBJECT: Approval of Road Improvement Agreement for Phase III Tank Access Road, RA 1131, (Cross-reference SUB 7976), being developed by Windernere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval for Phase III Tank Access Road, road acceptance file RA 1131 (Cross-reference SUB 7976) property located in the San Ramon (Dougherty Valley)area, Supervisorial District III. A Road Improvement Agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement,within one year from the date of said agreement.Improvements generally consist of road and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator Public Works(ES) on the date shown. Contact: T.Rie(313-2363) LT:rrn 0;\Grpl)aU\EngSv"0\2003\5-06-03\RA 1131 BO-15.doc cc: Public.Warks-T.Bell,Construction ATTESTED: MY 06, 2003 Current Planning,Community Development JOHN SWEETEN,Clerk of the Board of Supervisors and T—Feb.8,2004 Windernere BLC Land Company,LLC County Administrator arian Olin 3130 Cmw Canyon Place#310 San Rarnon,CA 94503 Fidelity and Deposit CorMany of Maryland Patricia H.Brebrier By Deputy 225 S.Lake Avenue#700 Pasadena,CA 91101 RESOLUTION NO.2003/ 280 SUBJECT: Approval of Road Improvement Agreement for Phase III Tank Access Road, RA 1131, (Grass-reference SUB 7976), being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: May 6,2003 PAGE: 2 1, Cash Bond Performance Amount: $3,990.00 Auditor's Deposit Permit No.DP 402241 Date: March 18, 2003 Submitted by: Windemere BLC Land Company, LLC Taxpayer identification number: 94-32915-16 IL Surety Bond Bond Company: Fidelity and]deposit Company of Maryland Bond.Number and Date: 0864 1755 March 6,2003 Performance Amount: $395,010.00 Labor&Materials Amount: $199,500.00 Principal: Windemere BLC Land Company,LLC Now, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20031280 &QAD IMERQ)MMENT AGRUM1 NT Developer: W' re BLC Land Comnanv.LLCEffective Dater Development: --& B 79 b Completion Period: WINDEMERE BLC LAND COMPANY LLC, A California linuted liability Company Road: R .1131 I' ro s Ref SUB 7976}_ By:LEN-OBS Windemere,LLC, A Delaware limited liability company THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO. Managing Member BY:Lennar Homes of California,Inc., CONJR A CQS A COt 1N�Y DEVELOPER Managing Member Maurice M.Shiu,Public Works Director (signature} J 1�61 4AA (print name&Title) ri rs ,Vice Prost errt By: RECOMMENDED FOR.APPROV (signature} By: (print name&Title) ynn Toe; Asst.Secretary_ Engineering Se is s [vitt n '- FOBM APPROVED: Victor 1. Westman,County Counsel (NOTE: All signatures to be acknowledged, If Subdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations CodeS313,) I. PARTIES D2&n.A .Effective on the above date,the County of Contra Costa,California,hereinafter called"Couuttv,"and the above-rctenti0ned bevel , mutually promise and agree as follows concerning this development: 2. IMERQYEMlycN Developeragrees to install certain road improuements(both public and private),drainage improvements,signs,streetlights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plants for thisdev doptttent as reviewed and on file withthe ContraCosta CountyPublic Works Departmett and in conformance with the Contra Costa Comity Ordinante Code(incltding futureamendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike[manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement platys and the County Ordinance Code„the stricter requirements shall govern. 3. INV&QVEh EN1 SECL.RITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For PerjarnWce gad Quarantee:$ 1290.00 cash,plus additional security,in the amount of$ 395.010.00 which together total one hundred percent(100°!0)of the estimated cost of the work. Such additional security is presented in the form oft - Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreementand maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pav ent Security in the amount of$ 199,500.00 ,which is fifty percent(501/1o)of the estimated cost,of the work. Such security is presented in the form of Cash,certified cheek,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code, 4. GUARANTEE AND WARI{ANTY OF WORK Developer guarantees that said work shall be free from defects in material rkmanshipand shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 961.6,"Acceptance," of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for privatoads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are*uate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,add improvement plans prove to b inadequate in any respect,Deeloper shall make whatever chages are necessary to accomplish the work as promised. 7. NO WAIVER BY COUN:IY. 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 canplies 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 odhof these acts,shall not relieve the Developer of hiEbligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harmless and indemnify thirndemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The liabilities protected againstare any liability or daim for danage of anykind allegedly sufferal,incurredor threatened becauseof actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combinationof these,and regardlessof whether or not such liability,claim or damage was unforeseeable at any time before the Countgviewedsaid improvementplans or accepted the work as complete,and includingthe 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 the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,ha:s insurance or other indemnificationcovering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 14. NON-PERFORMANCE AND COSTS:IfDeveloper fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Develops hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferredto the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) _ County shall allow Developer to obtain building pen-nits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw \\PWS4\SHARDATA1GrpData\EngSvc\FormslAG WORDWG-24.doc Rev,April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ..� \�� ss. On Q, before me, 1 Dat7jC Name a d Title of icer(e .;"3at;e Doe"lot ry Pubfia") personally appeared Name(o of Signar(s `T(personally known to me ❑ proved to me on the basis of satisfactory evidence y T.AUSTIN_ to be the person(s) whose name(s) Ware Commission# 1378739 subscribed to the within instrument and Notary Public - Callfomiaa acknowledged to me that l9efsh /they executed Contra Costa County the same in his ,e&heir authorized MY Comm,ExpiresO�t7,2t306 capacity(ies), and that by Ws'f#r#their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. nd and oi�icial seal � ignature of Notary Pu +o 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 Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General Attorney-in-Pact ❑ Trustee ❑ Guardian or Conservator r l Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 www.nationalnotary.org Prod.No.5907 Reorder:Call Toli-Free 1-800-878.8827 .... COUNTY OF CONTRA COSTA, DEPOW PERMIT ` FILE OF COUNTY AUDITOR-CONTROLLERr TO THE TREASURER: MARTINEZ,CALIFORNIA V, RECEIVED FROM ORGANIZATION NUMBER -. O D < Jbc hkkk'S (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/C1RG. sm ACCI TASK OPTION ACTIVITY AMOUNT $ i l 6 f ' ve,244 , - : " qq9 ' 1 I 1 V6cy i { i i f i i i t i i Elf TON: TOTAL $ 1 DEPOSITS; a Deposit consists of the fonowmg items COIN and CURRENCY $ r CHECKS,MO,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBEDATER ASSIGt*0 '[ The amount of money described above is for Treasurers receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged Signed; s, Date d l•-' Signed: � '�- f Title. a - tT �a Signed; % X_�._�_�.A.-� w y Audi ° Deputy County Treasurer I1-34 REV.(7-93) "Y 4 i + .," � , C CY, SM, i '.1 {.} 11 '_ " UU+ u 4 14 o (3 c t 30 1 3 .f. `RC1 12- 1 8 r3 4 t4,}{.i 1 �tf '' frl . t)�Jt tf ♦ �r 72Y U Ll 50 UJ -*U 17{}U L;0 + 5 U Ll 00 I Si 49 1 2 1 t V r pro ty L 5 ?{! + 23 - 42 - W7 .1 „ rs2 -W7 > is_ f 1 IU isU + 4 8198-0800 8198001, &11157910:$!34 0,{ , �a� 113I l�ha�e III Tank A'Ceess>::> l sad Civil Improvements, Cash Bond Performance Guarantee, blind.mere..: 8W:LLC:t:: 180 .r.ow::Canyon F #, 310, SawRamon CA 94588 0648-9140 1 812100: 01115782, $297934.84, DA 52C fees for Subdivison 8413, Western Pacific Housing (North Bay) 400 N. Continental Blvd, Suite 100, El Segundo, CA 901245 , 6 0682-9752 / 819200: 61115770, $12180.00, SUB 8150,Dougherty Road Manitence Fee, Greystone Homes, 3130 Crow Canyon PI. Suite 300, San Ramon, CA 94583 0682-9752 / 819200: G1115771, $15834.00, SUB 8154,bougherty Road Manitence Fee, Greystone Homes, 3130 Crow Canyon Pl. Suite 300, Son Raman, CA 94583 0682-9752 / 819200: G1115772, 118676.00, SUB 8152,Dougherty Road Manitence Fee, Greystone Homes, 3130 Crow Canyon Pl. Suite 300, San Ramon, CA 94583 0682-9752 / 819200: G1115773, $8729.130, SUB 8153,boug erty Rood Manitence Fee, Greystone Homes, 3130 Crow Canyon Pl. Suite 300, San Ramon, CA 94583 0649-9665 f 8310130: G1115774, $500.tK►, RA1124, Offer of Dedication Process-Cert of Correction, Along Albion Lot 13, Fairfield San Ramon North llc, 5510 Morehouse Dr., Suite 220, San Diego, CA 92121 0649-9665 / 831000: G1115775, $500.00,RA 1124—Offer of Dedication Process-Cert of Correction, Along Harcourt/Millstream on lot 17, Windemere BLC LLC, 3130 Crow Canyon PI #310, Sun Ramon, CA 94583 0649-9665 / 831000: G 1115776, $500.00,—RA 1124—Offer of Dedication Process-Cert of Correction, Along Watermill on lot 19, Fairfield Son Ramon North 11c, 5510 Morehouse Dr., Suite 220, San Diego, CA 92121 0649-9665 / 831000: G 1115787, 11400.00, Cash deposit for Flood Control Permit 603-03, Mr. Larry La uyade, LFR Lavine Fricke, 1900 Powell St., 12th Floor, Emeryville, CA 94608 0649-9665 / '831000: G1115790, $4325.00, Mayor Subdivision Map Check Fee, Subdivision 8632, Shapell Industries of Northern California, 100 North Milpitas Blvd P.O. Box 361169, Milpitas, CA 95035 _r flood No.. 0864 1755 Developin"t: RA }31Lcfif.. WR Mil Premium: $2,765.00 �MP�o�''�MEN�''SE�tJR.TTY I3QNtt FOR ROAD IMPROVIEMENTAGREEWNT (Performance,4u=ntee,and Pent) (California Goven mem Cade ff 66499 -66499.10) 1. Rxcr rlu.or RoAv IMPROVEMENT AGREEMENT*. The Developer(Principal)has executed an agreement (Road Improvenicut Agreement) with the County to install and pay for street, drainage anti other -improvements on,or aping III to complete said work within the time specified for completion in the Road Improvemca Agreement,all in accordance with State and local laws and ratings. 2. +f OUGATION: Windemere CLsad C C ,aS principal and Fidelity and Deposit ©mvanv.of Mary ad ,a corperadon organic Lander t laws of$c Slate of Mira and ,;,arnd autharind to transact sures bass in California,as Surety,hereby jointly and severally bind ourselves,our heirs,execrators,Administrators.successors and assigns to the County of Coma Costa.California to pay as follows, A. Per'fo m anov., Treekwi j!� 'Nia+ie itve Dgmad +� Dollars ( 39 Qltt }for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payweat: QU Uggdad NiM WU 1hoWndnv_c and Dollars ($-_ 1'2%AW l to secure the claim to which reference is made in Tide 15 §§et sett.of the Civil Code of the State cif Califorrnia. 3. CON11MON: A. The Condition of this obligation as to Section(2.A..)above is such that if the above banded 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 ft 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 th=in specified and in all respects according to their true intent and meaning and shall indemnify andsave harmless the County of Comm Costa or city 4sigme,.its officers, and employees,as therein stipulated,thein this obligation shall became null and void, otherwise it shall be and remain in futl farce and effect. ............................................................... ................................................. ..........I.......................................... ................I........................................... As part of the obligation secured hereby and in addition to the face amount specified therefore,diem 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 judgemem rendered. fi. The condition of this obligation, as to Section (2.11.) above, is such that said Principal and the undersigned as corpor4te surety we hold firmly bound unto The County of Contra Costa and A canu=ors, subcontractors,laborer,material men and other persons employed in the perf4rm=ce of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of any kind,or for amounts due under The Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will my she same M an amount not exceeding the amount herein above set forth and also,incase suit is brou&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 Cona 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 rendewd- IT is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims wider Tide 15(commencing with Section 3082 of Pan 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void;otherwise it shall be and remain in W force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve The Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2919 and holds it!wlf bound without regard to and independently of any acijol i against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on March 6, 2003 WINDEMERE BLC LAND COMPANY, LLC By: Lennar Homes of California, Inc. FIDELITY AND DEPOSIT COMPANY pfUlqCfPAI,- its manager , SUUTY., OF MARYLAND Address: 3130 Crow Canyon, suite 300 Address: 225 S. Lake Avenue #700 City. San Ramon, CA 583 City: _-Paaadenat CA 91101 By: PriwNarne. David Eva4s -Print Name: Patricia H. Brebn1r , Vice President Title: ---Tide: Attorney-in-Fact MW .... ...... ................................ .............. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Patricia H. BREBNER, of Costa Mesa, Califarn" , its true a lawful agent and Attorney-in-Fact, to make, execute,seal and deliver, for, and on its behalf as surety, a its act an : any and all bonds and undertakings and the execution of such bonds or undertakings in pursuant se prese all be as binding upon said Company, as fully and amply,to all intents and purposes,as if they had b y exec d acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in n prope ns. This power of attorney revokes that issued on behalf of Patricia H.BREBNER,dated March 1, 1 The said Assistant Secretary does hereby Certify a extras �rth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and i in force. IN WITNESS WHEREOF, the said V' sident ay4sistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said LITY ,'DEPOSIT COMPANY OF MARYLAND, this 28th day of September,A.D.2001. r ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND UP W � By: T. E.Smith Assistant Secretary M. P. Hammond Vice President State of Maryland County of Baltimore ss: On this 28th day of September, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. mOTAW Carol J Fader Notary Public My Commission Expires: August 1,2004 POA-F 012-5025M ............................................................................................. .......................................................................................................................................... ....................................................................................... EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and 1� binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6th day of March 2003 01 �(dmcj� Assistant Secretary ............... .................... ........ ...................................................................... ''I'll''............................................................................................................... ................................. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orang On March 7. 2003 before me, S. McDonald, Notary 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. IMC WNAM Notoy ice-Cd1koft Com" MVCwnmS**1qxAPr1A.2W4 11-4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Security Bond No. 0864 1755 Number of Pages: Two (2) Date of Document: March 6, 2003 Signers (other than those named above): Patricia H. Brebrier CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Omage On Manch b,2003 before me, Alexis H.Bryan,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- El 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/sheAhey executed the same in hislherltheir authorized capacity(les), 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. r Ext ,Hrt BRYAN WITNESS my hand and official seal. 73, No",N Public ch� 4. VDAonl ( C' a rIcy G=vU^ SIGNATURE QF NOTARY 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 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) 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 S-4067/GEEF 2t98 0 IM NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave„P.O.Box 7184•Canoga Perk,CA 91309-7184 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution can May 6, 2003,by the fallowing vete: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 281 SUBJECT: Approval of .Road Improvement Agreement for Concord Avenue, RA 1140, Brentwood Subdivision 8089, being developed by Pulte Home Corporation, Brentwood area(District III). The fallowing document was presented for Board approval for Concord Avenue, road acceptance file RA 1140 (Brentwood Subdivision 8089) property located in the Brentwood. area, Supervisorial District III. A Road Improvement Agreement with Pulte Home Corporation, principal, whereby said principalagrees to complete all improvements, as required'in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of overlay, road widening,curb, sidewalk and storm drainage. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator Public Works(ES) on the date shown. Contact: Cbris Lau(113-2293) CL-MIATTESTED: MAY 06, 2003 G:1Grpr>ata\En$SectEiOIaO 33 5-06.0318 A 1140 BO-19.&c cc: Public Works-T.Bell,Construction JOHN SWEETEN,Clem of the Board of Supervisors and Current Planning,Corrattt ity Development County Administrator T—V06/04(PI) Puite;HormCorporation Lisa;Erker 772 Centennial Place Brentwood,CA 94513 By ,Deputy Safeco Insurance Company ofArnerica Amy Callahan 2804 W.Higgins Aoad,Suite 1100 Hoffmu Estates,IL 60159 RESOLUTION Na.2003/ 281 -l-,............................................................................................................................................................................. ................................................I..................I...... SUBJECT: Approval of Road Improvement Agreement for Concord Avenue, RA 1140, Brentwood Subdivision 8089,being developed by Pulte Home Corporation, Brentwood area(District III). DATE: May 6, 2003 PAGE: 2 Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: 1. Cash Bond Performance Amount: $18,240.00 Auditor's Deposit Permit No.DP 403009 Date: April 1, 2003 Submitted by: Pulte Home Corporation Taxpayer identification number: 86-0910230 H. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number and Date- 6203458 March 2l, 2003 Performance Amount: $1,805,760.00 Labor&Materials Amount: $912,000.00 Principal: Pulte Home Corporation NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/281 .................. .. .............. ROAD IMPROVEMENT AGREEMENT Developer: ' '�1 UTr c�4 ..t .;-t ',b�T! Effective Date: ( 1 Development: Completion Period i year Road: C+CJt 5021 i � 0 THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUN'T'Y DEVELOPER Maurice M.Shiu,Public Works Director r By: Y 1 M1 (etgflatuTC) F7 (pent rtemt& /4" RECOMMENDED '1PTs`12 VAL, By: (tignature) C4 ��~4 ti'( ✓ , ee g Services Division (print nam�e& ' Jc,k j FO APPROVED: ctor J.Westman,County Counsel (NOTE: All signatures to be acknowledged If Subdivider is incorporated,ssgnahres must conform with the designated representative groups pursuant to Corporatiotts Code 5313.) I. PARTIES&BATE.Effective on the above date,the County of Contra Costa,California,Hereinafter called"County,"and the above-mentioned Developer,mutually promise and agree as follows concerning this development: 2. IMPROVENfENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County.Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: --- A. For Performance and Guarantee: $ %��40,rja cash,plus additional security,in the amount of$ l25 _1(06 6$ _ which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter ofcredit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$Am yop,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 Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.446 and S94-4,408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance,"ofthe Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. ......... ......... ......... ......... ......... ....._... _ ......... ......... ......... ......... ......... ..............._. ............. ......... ......... ......... ......... The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. b. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO 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 Developer of his obligation to fulfill this agreement as prescribed;nor shalt the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County, and its special district, elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causingli'abili£y are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights,of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw G:\GrpData\EngSvc\Fonns\AG wORMAG-24.doc Rev.April 6,2000 ........:�.caxwnooun0000000000wwoanoau<uw.:«;fo>:.a�n+cr:.a,.:.�......:.::.,....w..w...w.....�.....,:......v..w...............,..........x;;.:;::..:.:..:::..�,...v.,...,.::m... :. :::.. :::::::...........::;::...;.:.....;.......:..;::::::::.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. U County of On�r:.- <�S Before me, �I Date Name and Title of Officer(a.g., Jane Doa,Notary Pu is") ro- personally appeared ` •"ri ;.. c; r_1, me{sj of Signer(s) C � personally known to me ❑ 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 same in his/her/their authorized , & capacity(ies), and that by his/her/their KRtsstl L.m signature(s) on the instrument the person(s), or Corrimission Of 1303W2 Z the entity upon behalf of which the person(s) tiotary Put!.jc--California acted, executed the instrument. Contra Costs County tAy Comm.ejcpires Jun 6,2tltl5 WETNESS my hand and off ' {seal Place Notary Seat Above Signa ure f Nota ubli OPTIONAL t Though the information below is not required by lain, 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 ocumen Title or Type of Document: �` !" ! <� -'"i Document Date: ',) (Number of Pages: Signer(s)Other Than Named Above:_ 1� 1�4 i Capacfty(ies) Claimed by Signer Signer's Name: ❑ dividual J Top of thumb here 2 Corporate Officer—Title(s): X ; ❑ Partner—❑Limited ❑General ❑ Attorney in Fact ❑ Trustee I i Guardian or Conservator ❑ Other: I Signer Is Representing: i i i 0 1999 National Notary Association•8350 De Soto Ave.,P.O.Box 2402•Chatswor8t,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 ...............................................................11......I..''.''..'',.................... ................................................... C Prepared by: *01 Tecot -_ &% Nancy H..Oawthrop `�ecared ojwce Ck Pulte Homes,Inc. e) 33 Bloomfield Hills Pkwy.,Ste. 200 Bloomfield Hills,MI 48304-2946 C row $ When Recorded VIA Return To: 16 Z.-J's- S. 's-7 PULTE HOME CORPORATION POWER OF ATTORNEY AND GRANT OF AGENCY KNOW ALL MEN BY THESE PRESENTS, that PULTE HOME CORPORATION (the "Corporation"), a corporation organized and existing under the laws of the State of Michigan, authorized to do business in the State of California, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, constitute and appoint Curtis H. VanHyfte as its true and lawful agent and additional attorney-in-fact in the counties within the Northern California Division, in the State of California, to act for and on behalf of the undersigned corporation in its name, place and stead, and for its use and benefit,in the following respects: (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Corporation of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements, or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the sale by the Corporation of finished condominium, townhouse, or duplex units and any land associated with such finished units; (3) Enter into and execute deeds and/or plats of dedication, subdivision, resubdivision and boundary line. adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and.rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by-the Corporation; re-zoning applications, proffer applications and amendments and proffer. agreements and other similar documents related to the development of real property owned or under pption by the Corporation; and , When Recorded Return To: Curtis H. VanHyfte C/o Pulte Home Corporation 10235 S. 51'�`Street, Suite 100 Phoenix, AZ 85044 PULTE HOMT CORPORATION POWER OF ATTORNEY AND GRANT OF AGENCY KNOW ALL HIEN BY THESE PRESENTS, that PULTE HOME CORPORATION (the "Corporation"), a corporation organized and existing under the laws of the State of Michigan, authorized to do business in the State of California, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, constitute and appoint the following employee(s) Klatt Koart, Jahn L. Johnson, Ray Gonzalez, Steve Kalmbach, Curtis H. VanHyfte, John S. Gallagher, as its true and lawful agents and additional attorneys-in-fact in the State of California, to act for and on behalf of the undersigned corporation in its name, place and stead, and.for its use and benefit,in the following respects: (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Corporation of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however, that except for the sale of any Iot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements, or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with,the sale by the Corporation of finished condominium, townhouse, or duplex units and any land associated with such finished units; (3) Enter into and execute deeds and/or:plats of dedication,,subdivision, resubdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Corporation; re-zoning applications, proffer applications and amendments and proffer agreements and other similar documents related to the development of real property owned or under option by the Corporation; and (4) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of.and on any property owned or under option by the Corporation. This Power of Attorney shall expire at midnight on lune 30, 2006, unless extended or revoked by the Corporation prior to such expiration date. IN WTl"NESS WHEREOF, Pulte Home Corporation has caused its corporate name to be hereunto subscribed by the Authorized Agent, whose signature is acknowledged by two unofficial witnesses, this 12th day of Dece er, 2001. PHONMC ORPORATION Unofficial Witneee Curtis H. VanHyfte ,2 n Authorized Agent Unofficial Witness STATE OF ARIZONA } } S . COUNTY OF t ► a C-b } On tZ !, before me, , a Notary Public in and for said State, personally appeared Curtis H. VanHyfte, personally known to me to be the Authorized Agent of Pulte Home Corporation whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the'entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Name: �FtMG sou - My o scion Ex es: .JANET BREZNAK Plawyf UM late of Arizona MARICaPA COUNTY My Comm.EXOres Sept.30,2003 Prepared by: Nancy H. Gawthrop Pulte Homes, Inc. 33 Bloomfield Hills Pkwy., Ste. 200 Bloomfield Hills,Mt 48304-2946 When Recorded Return RetuuTo: �CAT- � exx . PUL'T'E.HOME CORPORATION POWER OF ATTORNEY AND GRANT OF AGENCY KNOW ALL MEN BY THESE PRESENTS, that PULTE HOME CORPORATION (the "Corporation"), a corporation organized and existing under the laws of the State of Michigan, authorized to do business in the State of California, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, constitute and appoint Curtis H. VanHyfte as its true and lawful agent and additional attorney-in-fact in the counties within the Northern California Division, in the State of California, to act for and on behalf of the undersigned corporation in its name, place and stead, and for its use and benefit, in the following respects: (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Corporation of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements, or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the sale by the Corporation of finished condominium, townhouse, or duplex units and-any land associated with such finished units; (3) Enter into and execute deeds and/or plats of dedication, subdivision, resubdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Corporation; re-zoning applications, proffer applications and amendments and proffer agreements and other similar documents related to the development of real property owned or under option by the Corporation; and (4) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of and on any property owned or under option by the Corporation. This Power of Attorney shall expire at midnight on June 30, 2006, unless extended or revoked by the Corporation prior to such expiration date. IN WITNESS WHEREOF, Pulte Home Corporation has caused its corporate name to be hereunto subscribed by its Vice President and its corporate seal to be hereunto affixed, attested by its Assistant Secretary, this 19th day of July, 2001. ATTEST: PULTE HOME CORPORATION Nancy H.16awthrop Johnt er Assistant Secretary Vice Isident *` - — Pulte Horne Corporation Witness,Carole A. Hacker Seal -Michigan STATE OF MICHIGAN ) SS. COUNTY OF OAKLAND ) On July 19, 2001, before me, Carole A. Hacker, a Notary Public in and for said State, personally appeared John R. Stoller and Nancy H. Gawthrop, personally known to me to be the persons whose names are subscribed to the attached instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. Carole A. Hacker WTV.RY PUCUo 04CU v)Goa,ml Oakland County,MI YCtI' iisSr'�p� Ws My Commission Expires: 09/08/2003 CERTIFIED COPY OF RESOLL7 IONS OF THE BOARD OF DIRECTORS OF PULTE HOTME CORPORATION I, Nancy H. Gawthrop, hereby certify that I am a duly elected and acting Assistant Secretary of Pulte Home Corporation, a corporation authorized and existing under the laws of the State of Michigan; that attached is a true copy of the resolutions adopted by the Board of Directors of the Corporation at a special meeting duly called and held on July 19, 2001, in accordance with the provisions of Section 521 of the Michigan Business Corporation Act; and that such resolutions have not been rescinded or modified, and do not contravene any provisions of the Articles of Incorporation or Bylaws of said Corporation. WHEREAS, Pulte Home Corporation (the "Corporation") desires to authorize, Curtis H. VanHyfte to issue powers of attorney on behalf of the Corporation to various employees of the Northern California Division (the "Division") of the Corporation, which may be filed in a county within the Division. NOW THEREFORE, BE IT THEREBY RESOLVED, that the Corporation hereby appoints Curtis H. VanHyfte as its Authorized Agent for the purpose of issuing specific powers of attorney to employees of the Division,enabling such employees to act for the Corporation's Division, such powers may not be modified in any way from the wording listed below: (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Corporation of finished homes or homes to be finished(together in each instance with the finished lot for the home), provided., however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements, or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the We by the Corporation of finished condominium; townhouse; or duplex units and any land associated,with such finished units; (i) Enter into and execute deeds and/or plats of dedication, subdivision, resubdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Corporation; re-zoning applications, proffer applications and amendments and proffer agreements and other similar documents related to the development of real property owned or under option by the Corporation;and (4) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of and on any property owned or under option by the Corporation. FURTHER RESOLVED, that Mr. VanHyfte has the power to grant or terminate the specific powers of attorney listed above, but he may not authorize any other individual to grant or terminate such powers. FURTHER RESOLVED, that Mr. VanHyfte has the power to terminate existing Powers of Attorney for the Division. FURTHER RESOLVED, this power of attorney is not a statutory power of attorney under California Probate Code §4451. The attorney in fact is granted only the powers specifically set forth above. FURTHER RESOLVED, that any Power of Attorney granted by Mr. VanHyfte shall expire at midnight on June 30, 2006, unless extended or revoked by the CP Corporation prior to such expiration date. IN WITNESS 'WHEREOF, I have hereto set my hand and affixed the seal of Pulte Home Corporation this 19th day of July, 2001. NancyWawthrop, Assistant Secretary Pulte Home Corporation Seal -Michigan STATE OF MICHIGAN COUNTY OF OAKLAND ) On July 19, 2001, before me, Carole A. Hacker, a Notary Public in and for said State, personally appeared Nancy H. Gawthrop, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. Carole A.Hacker My Commission Expires. 9/812003, _. R � When Recorded Return To: Del Webb California Corp. Attn: Legal Department 985 Sun City Laneb " l` �a� t'1I U. Lincoln, CA 95548 By PULTE HOME CORPORATION POWER OF ATTORNEY AND GRANT OF AGENCY KNOW ALL MEN BY THESE PRESENTS, that PULTE HOME CORPORATION (the "Corporation"), a corporation organized and existing under the laws of the State of Michigan, authorized to do business in the State of California, having its principal office at Bloomfield Hills, Michigan, does hereby effective immediately, (1) revoke and rescind and terminate any and all powers of attorney previously issued by the Company to the following employees(s) of the Company recorded in Contra Costa County, California: Al Jeremias and Randy Paul, and (2) constitute and appoint the following employees(s) Igor Noriega, Granville Flagg, Mark E. Kaushagen, Gary 'A. Sorrels and Judy B. Gerry as its true and lawful agents and additional attorneys-in-fact in Contra Costa County, California, to act for and on behalf of the undersigned Company in its name,place and stead, and for its use and benefit, in the following respects: (1) Enter into and execute any contracts, agreements, deeds or any other necessary documents, instruments or papers for the sale by the Company of finished homes or homes to be finished (together in each instance with the finished lot for the home), provided, however, that except for the sale of any lot together with such home, no such Employee shall have any power or authority to sell any land whatsoever; (2) Enter into and execute any and all deeds, agreements, or documents relating to common areas and common facilities, any and all other contracts, deeds or other necessary documents, instruments or papers in connection with the sale by the Company of finished condominium, townhouse, or duplex units and any land associated with such finished units; (3) Enter into and execute deeds and/or plats of dedication, subdivision, resubdivision and boundary line adjustment; owner's consents; declarations of covenants, conditions and restrictions; deeds or vacation of easements, easements and rights-of-way; performance agreements; maintenance agreements for and over any property owned or under option by the Company; re-zoning applications, proffer applications and amendments and proffer agreements and other similar docurnents related to the development of real property owned or under option by the Company; and (4) Enter into and execute development, supplier, subcontract and/or construction agreements for the development and/or construction of and on any property owned or under option by the Company. This Power of Attorney shall expire at midnight on June 30, 2006, unless extended or revoked by the Company prior to such expiration date. IN WITNESS WHEREOF, PULTE HOME CORPORATION has caused its name to be hereunto subscribed by its Authorized Agent for Surnmerset at Brentwood, whose signature is acknowledged by two unofficial witnesses, this <�day of PULTE HOME CORPORATION Unofficial Witness / Jo adwick Authorized Agent un6fficial Witnes' �'' STATE OF ARIZONA ) SS. COUNTY OF 9- OnL C.. G'c r' 1" t ?1 , before me, i�'r� n ;� , a Notary Public in and for said State, personally appeared John Chadwick, personally known to me to be the Authorized Agent of PC/BRE WHITNEY OAKS L.L.C. whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. My Commission Expires: =MARIIC-OPA }iNER Notary of A620M SIMY' tNfTYrch 22.2003 9 REVOCATION OF POWER OF ATTORNEY This revocation of power of attorney is made as of /0/1 2001 by PULTE HOME CORPORATION, a Michigan Corporation(the "Corporation"). WITNESSETH: WHEREAS, on August 25, 2000, the Corporation issued a power of attorney granting power and authority to act on behalf of and for the Corporation to Al Jerernias, such power of attorney being recorded in Contra Costa County, California; and NOW THEREFORE, the Corporation does hereby give notice that the powers of attorney granted to Al Jeremias by the power of attorney'issued on August 25, 2000, filed in the Califomia County of Contra Costa, is rescinded and revoked,effective immediately. WHEREAS, on April 21, 2000, the Corporation issued a power of attorney granting power and authority to act on behalf of and for the Corporation to Randy Paul, such power of attorney being recorded in Contra Costa County, California; and NOW THEREFORE, the Corporation does hereby give notice that the powers of attorney granted to Randy Paul by the power of attorney 'issued on April 21, 2000, filed in the California County of Contra Costa, is rescinded and revoked,effective immediately. IN WITNESS WHEREOF, for and on behalf of Pulte Hoare Corporation, John Chadwick, as Authorized Agent of Summerset at Brentwood, has caused this Revocation of Power of Attorney to be executed and witnessed by two unofficial witnesses. PULTE HOME CORPORATION Unofficial Witness Jo Chadwick AtIthorized Agent U, official Witnes b STATE OF ARIZONA } SS. COUNTY OF_Maa,�_ } q ` 6abefore me, ©n � e r � ), - fv v� v ,, - a Notary Public in and for said State,personally appeared John Chadwick, personally known to me to be the Authorized Agent of'PCBRE WHITNEY MAKS L.L.C. whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signature on the instrument the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Name: My Commission Expires: �rRCAL SM CASS KERSHNER NotarY PUM-SUM of AdZM JAAFUCOPA COUNTY MY Go T t Expire,MW"o 22.2M IlY ?,. INar MT IC-AT The undersiped hereby certifies that he is a duly elected and qualified officer of Pulte Homes,Inc., a Michigan corporation("Company"). The undersiped Anther certifies that the names, titles,and true signatures ofithe employees authorized to sign any applications for letters of credit on behalf of the Company and its subsidiaries in connection with letters of creditfacilities and to sign surety bonds ort behalf of the Company in connection with surety arrangements are as follows; Name Position Suture John R. Stoller Vice President& Secretary .,. Julia T. Corcoran Accounting Manager Vincent J. Frees Vice President&Controller , Maureen E. Thomas Assistant Secretary , Bruce E. Robinson Vice President&Treasurer Calvin R.Boyd Director of Treasury Operations Jame K.Boning Director of Corporate Accounting ���'q..;•_,. / Colette R,Zukoff Director of Taxation Suzanne Tr,ePpa Tax Manager Robert Porter SeniorTreasury Analyst Dated: October 23, 2002 Signature: '— ;"ftCW Pj= Name: Voh--n- R. Stoller Title; Secretary COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM tt ORGANIZATION NUMBER (tor Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT i ms E l) 5 � 5r ' t'1'fi ' L n3 50O 1 CIO -4 E-16 Th#L �- 7/ C� 06 I EX NATt TOTAL LIT $DEPO t r .moi , tai ZI Deposit consists of the following items!� COIN and CURRENCY $�41 7 'r ..5 . CHECKS,M.Ct,ETC. $ .53 7C j 18L� BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY PERMIT DEPOSIT `/ , 2NUMBER DP IL.f U e) DATE ASSIGNE4031 The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged Signe Signed: Signed: T, I,/ c Dep aunty i g Deputy County Treasuror D-34 REV.(7-93) 819800-0800: G 1:1160270:::$18 240.00, RA1140 Guarantee of Performance (cash bored) Pulte Home corporation Summerset Imprest, 6001 R 201 Street, Phoenix, AZ 85016 819800-0800. G 1116028, $3,000.00, RA1143 Guarantee of Performance (cash bond) Pulte Home corporation Summerset Imprest, 6001 N. 24th Street, Phoenix, AZ 85016 0649-9665 / 831000: G1116002, $21,500.00, RA 1131 Phase III Tank Access Road Civil Improvements Road Acceptance Inspection # 2, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Raman, CA 945183 0649-9665 / 831000: G1116019, $1 ,4000.00, Flood Control Permit Application FCP 608-03, Subdivision 6963, Laurel 198, Inc, 18001 Cowan, Suite C, Irvine, CA 92614 0649-9665 / 831000: G1116020, $500.00, Record of Survey Map Check Fee Deposit, R52771, Surveyors Job # 03030, Carolyn Usinger, 4049 Marianne Dr., Lafayette, CA 94549 0649-9665 / 831000: G1116021, $500,00, Record of Survey Map Check Fee Deposit, RS 2770, Surveyors Job # 03016, Thomas P. Steinbrecher. 1230 Monticello Rd., Lafayette, CA 94579-3026 0649-9665 / 831000: G1116022, $943.50, M521-93, Minor Sub Plan Review, Diablo Valley Estate Company, LLC, 101 Ynacio Valley Road, Ste 330, Walnut Creek, CA 94596 0649-9665 / 831000: G 1116023, Stephen Peter Pinto, 1833 Kofman Parkway, Alameda, CA 94502 $4,681.62, MS11-00 Improvement Plan Check $4.074.00, Inspection Deposit $1.542.12, Map Check Deposit 0649-9665 / $31000: G1116027, $85,580.00, Road Acceptance Inspection Deposit, Pulte Nome Corporation Summerset Imprest, 6001 N. 24#x' Street, Phoenix, AZ 85016 P,N tt_ 0649-9665 / 831000: 01116028 $16.667.00,Road Acceptance Inspection Deposit, Pulte Home Corporation Summerset Imprest, 6001 N. 24�h Street, Phoenix, AZ 85016 k rO k43 0648-9140 / 812100: G1116023, $928.00, San Ramon Creek Drainage Mitigation, Stephen Peter Pinto, 1833 Kof man Parkway, Alamed, CA 94502 Bond No.: 6203,58 Development: Subdivision 8089 RA 1140 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499-66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (RoadImprovement Agreement) with the County to install and pay for street, drainage and other improvements on, or along Concord Avenue to complete said work within the time specified for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings. 2. OtLIGATION- Pulte dome Corporation ,asPrincipal and Safeco, Insurance Company of * , a corporation organized under the laws of the State of i.,.-,;,,,+.on and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and_assigns to the County of Contra Costa, California to pay as follows: *America A. Performance: one million eight hundred five thousand seven hundred sixty and 00/1t Dollars($ 1.805.760.00 . -)for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: nine hundred twelve thousand and 00[100 Dollars ($ 912,000.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDITION. A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs, executors, administrators, successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and 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 of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on March 21, 2003 PRINCIPAL: Pulte Home Corporation SURETY. Safeco Insurance Company of America Address 772 Centennial Place Address: 2800 W. HisM ns Road, to 11C City: BrentWood. CA 94513. City: H furan aces L 60159 By: By: Print Name: Bruce E. Robinson Print N6.me: Amy F. Calllahan. Title: Vice President Title: ttamey-in-Fact By: /I/,— Calvin R. Boyd, A s stant Secretary GAG L7ataiSvcTonw\BN WORDtBN-9.doc ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) }ss. COUNTY OF OAKLAND) On this 21st day of March,2003, before me, the undersigned authorized employee, personally appeared Bruce E. Robinson, who acknowledges himself to be Vice President of Pulte Home Corporation, that he as such employee being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 26, 2006 _...j._}�. otary Public,Marcia G. Howard Oakland County, Michigan H:033 ACKNOWLEDGEMENT BY PRINCIPAL STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND) On this 21 st day of March, 2003,before me, the undersigned authorized employee, personally appeared Calvin R. Boyd,who acknowledges himself to be Assistant Secretary of Pulte Home Corporation, that he as such employee being authorized to do so,executed the foregoing instrument for the purposes therein contained by signing the name of the Corporation by himself as such employee. My Commission Expires: March 26,2006 Notary Public, Marcia G. Howard Oakland County,Michigan W033 C V® SAFECO Insurance Company PO Box 34526 F Seattle,WA 96124-1526 ACKNOWLEDGMENT BY SURETY STATE OF Illinois ss. County of Cook On this 21 st day of March 2003 , before me personally appeared Amy E. Callahan , known to, me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICAGENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL. INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY , the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office to the aforesaid County,the day and year in this certificate forst above written. r 14 Notary Public in the State of Illinois (Seal) County of Cook l 1111111"40,144A, S-02301SAEF 10/99 0 A registered trademark of SAFECO Corporation FRP IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies(SAFECO insurance Company of America, General Insurance Company of America,First[National Insurance Company,American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to"surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 909 of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a$100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of this bond,the underlying agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law. At this time there is no premium change resulting from this Act. S-62482/03 SAFECO INSURANCE COMPANY OF AMERICA S`" A F E C � POWER GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. #0845 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint **********WILLIAM P.WEIBLE;WILLIAM CAHILL; PETER S.FORKER MOLLY M.MORAN;ESTHER C.JIMENEZ; THERESA A,SNOW;PATRICIA J.KENIS; PHYLLIS BOYD;AMY E.C;ALLAHAN;West C;hicaga,iliitaois+ww*+w+*ww+*www+www*w++**w++**w*ww*wwww*w*wwww*++w*+*w*ww*wwww**w++*+w*+*ww++*ww*w**+*www+#w***ww***w its true and lawful attorneys)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 29th day of June 2041 --Z—R ar-45; jt� �4— cke-� R.A.PIERS",SECRETARY MIKE MGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA- "Article V, Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant vice President appointed for that purpose by the officer In charge of surety operations,shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the valkdity of any such instrument or undertaking.* Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Articie V,Section 13 of the By-Laws,and (H) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is In full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seat of said corporation this 21st day of March 0 � CC"XQd►p�i SEAL SEAL 197 is VP R.A..PIERSON,SECRETARY S-09741SAEF 2741 0 A registered trademark of SAFECO Corporation 12/13/01 PDF