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Home My WebLink AboutRESOLUTIONS - 01042005 - 2005-028 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 4, 2005,by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, GLOVER AND UILKEMA NOTES: NONE ABSENT: SUPERVISOR MARK DESAUONIER ABSTAIN: NONE RESOLUTION NO. 2005/ 28 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08780, being developed by Lennar Homes of California, Inc., San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: I. Map The final reap of Subdivision 04-08780, property located in the San .Ramon (Dougherty Valley)area,Supervisorial District III,said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Lennar Homes of California,Inc.,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Public Works(ES) Contact: Teri Rie(313.2363) I hereby certify that this is a true and correct copy of an action G:1Gty17ata1Eng5vi:SO12005t01-04G5A 04-08780 BO-2l.doc LT:rm taken and entered on the minutes of the Board of Supervisors cc: Public Works—T.Bell,Construction on the gate Shown. Current Planning,Comimunity Development T—November 4,2005 Lennar,Homes of California,Inc. 3130 Crow Canyon Place,#310 JANUARY 04 2005 San Ramon,CA 94583 ATTESTED. s Art,:Brian Company of America ari Olin Safeco InsuraJOHN � SWEETEN Clerk of the Board of Supervisors and 330 North Bran Blvd.,Suite 1000 County Administrator Glendale,CA 91203 Ann:Patricia Ti.Bmbncr Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 By ,Deputy Attn:Patricia H.Brcbner RESOLUTION NO.20o5/ 28 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 04-08780, being developed by Lennar Homes of California, Inc., San Ramon(Dougherty Valley)area. (District II) DATE: January 4, 2005 PAGE: 2 A. Cash Bond Performance amount: $11,870.00 Aud'itor's Deposit Permit No. 433047 Date: October 18, 2004 Submitted by: Lennar Homes of California, Inc. Tax ID Number: 93-1223261 B. Surety Band Bond Company: Safeco Insurance Company of America Bond Number: 6243526 Date: October 6, 2004 Performance Amount: $1,175,130.00 Labor&Materials Amount: $593,500.00 Principal: Lennar Homes of California, Inc. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $5,714,700.00, with security guaranteeing payment of said tax lien as follows: « Tax Surety Bond Company: Liberty Mutual Insurance Company Bond Number. 24004181 Date: August 20, 2004 Amount: $5,714,700.00 Submitted by: Windemere BLC Land Company, L.L.C. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2005/28 HIM$$ it Awln -all oil H M� r r RooCIOtzi z 1;!ij:jjj V N W � t3 ?moi a m ll is cn 4i �2 t d �9vq � pggp�� •- � 2$� o m a m m a m 10M Ono WIN Sig � C 0.r V�7 � � � �C/i � W � �� t� N W �� R•-0. ` �� l a AH ON-1 Hal i � � � �y yam/� d o R a p j aye y� W � �6LELij jp N v tn ro tj 15 L,8� +i � N �� <w. y��q�' ,� Yom• *�2 ` t VE.,IbL Vs %0--gXn . @ ya b , IL Qpu�t €a N S FV V1 g4.r..� J.. ft 4G1 3 ttSSe u m 4(4y CQ r cry--,F 19,co F F j N n T K l F Ole" � !E'g, ep •y N t•.'.'13 M 1N` �• _ ziNn 'c A P�J• N 5 ice.cc Lo 04 CIO !7 co AVA UR f17 3 13]vd Fn M1 }_CO uq`~ µms,• F !•. 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Q ! co S �i TI- g C$ CJ f cC► S i ! ,94'OL 3.8t.iZOBN i C�f CLC per. } Idl, � X00,005L 6 I 3,91,109N I 3.Bb,1Z.09N ILn $f 6?f u 315/3d1/`.Yd.00'6 AO'SL I f 3."JZ.OSN 3.9t,t NN f ! g co v ;$ _ iC! rt t�SL m I 3.2*,IZ.09N $ 3.84<ibOBN It $i `d in to i� AasL ,tZOQN f i 3.9►.czo9N 9 133HS 33S 2 a°`d SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) Subdivision: 87EQ Effective Date: Subdivider: LeNnjAft i{atAss tp CLtt.+r=oAWjA., INC. Completion Period: i YC-AP- THESE SIGNATURES ATTEST TO THE PARTIES'AGR EMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maudce M.Shiu,Public Works Di r e ctor r �-f I ::& By' 5L Print Name DW LAR,Jii" RECOMMr--NDED F AP OVAL.: Print Tide By: Print Na ,Ilii e"A Y -Engineering ServicesDivision,' ,- Print Title FORM APPROVE=D: Silvan B.Marchesi,County Counsel NOTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice,president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of ) On the data written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within Instrument and acknowledged to me that helshetthey executed the same In hislherAheir autharfzed capacity(ies),and that by hialher/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument WITNESS my hand and official seal. Dated: Notary Public (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,Callfomia,(herainafter"County")and the above-mentioned Subdivider mutually promisee and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping and such other Improvements(Including appurtenant equipment)as required in the Improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hersinstter'Ordinance Code'). Subdividershall complete said Improvements(herainatter'Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at.seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement pians,the Conditions of Approval and the Ordinance Code,the stricter requirements shalt govem. 3. IMPROVEMENTS SECURITY, Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee:$ 11, °� cash,plus additional security,in the amount of$ tri 74 tom•°= ,which together total one hundred percent(100%)of the estitnated cost of the Work. Such additional 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,Subdividerguarantees performance under this Agreement and maintenance of the Work forone yearefter its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment Security in the amount:$ 5593,IM-SQ ,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. Foran Approved by County Counsel Acceptable irrevocable letter of credit. [Rev.9103] Page 1 of 2 Subdivider.With this security,Subdivider guarantees payment to the contractor,to it subcontractors and to persons renting equipment or furnishing tabor or materials to them or to the Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 94.4.406 and 94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete In accordance with Article 96.4.6,"Acceptance,'of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in sold Work. The guarantee period does not apply to road Improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK-Suitt/€vfderagrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishmentwork shall consist of adaquatelq watering plan4 dsb ants,doing weed,rodent and other pest control and other work detecrnlned by the Public Works Departmant to be necessary to an sure establishment of plants. Sold piad�esfa�btrstiment work shall be performed for a period of one(f)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdividerwarranfs the Improvement plans for the Work are adequate to aocompiish 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 the 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 andfor materials,or payments therefor,or any combination or all of Chase acts,shall not refleve the SubdivkWr of its obligation to fulfrti this Agreement as prescribed;nor shall the County be thereby 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 defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indamnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The Idabliities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal Injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement pians or accepted the Work as complete,and Including the defense of any suft(s),acion(s),or other proceading(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 Subdivider;contractor,subcontractor,or any officer,agent,or employee of one or more of them. 0. Non-Conditions.The prornise and agreement in this section are not conditioned ordependent on whether or notany indemnitee has prepared,supplied,or approved any plan(s)orspeci ication(s)in connection with this Work or Subdivision,or has insurance orother indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or wilful misconduct of any indemnitee. 9. COSTS,Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections,materia! checks and tests;and other costs incurred by County staff arising from or related to the Work,and prior to acceptance of the Work as complete orexpiration of any applicable warranty periods: whichever is later. 10. SURVEYS.Subdivider shall set and establish survey monuments in accordance with the fled map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. if. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the Work within the time specified In this Agreement,and subsequent extensions,or fails to maintain the Work,County may proceed to complete andfor maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by 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, staff costs and all other expenses of IaGgatlon Incurred by County in connection therewith,even 9 Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION/ANNEXATION. If,before the Hoard of Supervisors accepts the Work as complete,the Subdivision Is Included in territory incorporated as a city oris annexed to an existing city,except as provided In this paragraph,County's fights under this Agreamentand/or any deposit,bond,or letter of crud securing said rights shall be transferred to the new or annexing city,Such city shall have all the this 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.The provisions of paragraph 8(indemnity)shag continue to apply In favor of the indemnitees listed in paragraph 8.A,upon any such incorporation or annexation. 13. RECORD MAP. in consideration hereof,County shall allow Subdivider to fide and record the final map or parcel map for said Subdivision. 14, RIGHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhich Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performanoa of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel 'Rev.9/03) H:iFinshPMLW-SubAgmt.9.03.wpd Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California /1 ,tet ss, County of On �s�1 I Q OV4 before me, Mm L Date Name and Title of Cfllcer te.g "Jane Dna,Notary Public") personally appeared •t L CSL(dt l Pav[6 1; 1 &L—k-4 1 cae—pefim=ee Names of Sgneria) OKpersonally 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 KAREN Ll� acknowledged to me that�/#hey executed Gorman#1378927 the same in r/their authorized Notary PutNc -CaNt!ornia capacity(ies), and that by his)'1}er/their Contra Costa County [[� signature(s) on the instrument the person(s),or MY Comm.Expires Oct 7,20061 the entity upon behalf of which the persons) -a acted, executed the instrument. ;;;E4Smyand a off' iseal, 5lgnature of Not. 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)Cather Than Named Above: Capacity(ies) Claimed by Signer i Signer's Name: 'ILI WIT-3=1111111111; El Individual Top of thumb here L3 Corporate Officer—Title(s): ❑ Partner—O Limited ❑General Attorney-in-Pact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 Nationei Notary Association•9350 Da Sato Ave.,P.C.Box 2402•Chatsworth,CA 91313-2402•mm.nationsinotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800.876-6827 COUNTY CSF CONTRA COSTADEPOSIrPERM } OFFICE OF COUNTY AUDITOR-CONTROLLER' . MARTINEZ,CALIFORNIA TO'THl!'TREASURER. RECEIM FROM Uf Ah11 4'CrON NUMBER ci ,4 , .... tFar.Cash Collection Procedures we County mrvinisfrotor's Btdietin 105:) DESCR1P IW:M EtJNDJt�RG SUB TASK= AICTIx."- AMOUNT ACCT. >. - {.' j -------------- 61 113 f ! 21 � '�! �- �,� �' " ,( ��. � r � •�;7 f_«✓ Jdr�,�/".1 f '- TOTAL { EPLANATI�N',"C ` f fix. [ r'�- —; ✓f cr 1 1 DEPOSIT ' t o'=t o f,the� following:h m CMNandCURRENC $ , r�/a`f! { CKA )..EC R AUDT *C0NTRCWUSEONLY DEPOStr t C. PERMIT DP NUMBER ALIL 4336 ASSGNED V 11 O . `J The amourWof.money described abwe:is for Treasure ceipt of above omouht.0:.Ppraved.'• RecpiPt of above amount is-hereby deposWinto the County Trmosury. Signed rite,r monad: t --� Signed: uty- uty County Treasurer .Title: ff7'f• ',+r` ./ .. EXT, y. "i` -'�.,• ' ,...,. R,,,,, .. D-34 REV.l7-931 1 649-9665/ 831000: 61140486, $27,850.00, RA1170, Greystone Homes (for Lennar Domes), Bay Area Division, 3130 Crow Canyon Place, Ste 300, San Ramon, Ca. 94583 819800-0800: G1140488,411,870.00, Sub 8780, Greystone Homes (for Lennar Homes), Bay Area Division, 3130 Crow Canyon Place, Ste 300, San Raman, Ca. 94583 649-9665/ 831000: 61140491, $56,920.00, Sub 8780, Greystone Homes )for Lennar Domes), Bay Area Division, 3130 Crow Canyon Place, Ste 300, San Ramon, Ca. 94583 0649-9665 / 8AQ00: G1140496, $500.00, 852951, Jose L. Reynoso, 108 Augustine Dr., Martinez, Ca. 94553 0649-9665 / 831000: G1140497, 5013.00, 852952, Eric M. Ryer, 5240 Mount Alifan Dr., San Diego, Ca. 92111 Subdivision: SUB 8780 Bored No.: 6244526 Premium: $5,876..04 Executed in Duplicate IMPROVEMENT SECURITY BOND FOR SVBI?IV sm AGREEmENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL op SUBDIVISION AgReEMLNT: The developer(principal)has executed a subdivision agreement with the County of Centra Costa to install and pay for street, drainage and other improvements in Subdivision 8780 ,as specified in the subdivision agreement and to complete said work within the time specified for completion iii the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: Lennar Domes of California,Inc. as principal and Safee_c. I surance Q anj�ofe America , a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows. A. Performance and Guarantee: One Million One Hundred Seventy Five Thousand One Hundred Thirty and 001100 Dollars(S_ 1,125,130.40 )f or ContraCosra.County or any city assignee under the above County Subdivision,Agreement. B. Payment: Five Hundred Ninety Three Thousand Five Hundred and 001100 Dollars ($ 593,500.00 } to secure the claims to which, reference is made in Title XV (commencing with Section 3082) of Part 4 of Division TTI 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 indernnify 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 (23.) 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 subdivision agreement and referred to in the aforesaid Civil. Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond, will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 ofDivision 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 281.9 and holds itselfbound without regard to and independently of any action against the principal whenever taken. SICNF,D AND SEALED on October 6, 2004 LENNAR HOMES OF CALIFORNIA, INC. PRINCIPAL: a California corporation SURETY: SAFECO INSURANCE COMPANY OF AMERICA Address: 25 Enter ri a Address:. 330 North Brand Blvd., Suite 1000 City. Ali 'o Viejo, Zip: 92656 City: Glen le, CA Zip: 91203 By: By:I z� -'11' U 4-IJ -� Print Nam Marc Chasman Print Name: Patricia H. Brebner Title Senior Vice President Title: Attorney-in-Fact d17:Kuw:rpp G:�{"i*pLlantEn Sva�Fanne:ON[wORL�.B�i.t2.dcc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 8. 2004 before me, Dina Printv, personally appeared Marc Chasman, 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. _ Commission#1453610 Notary Public _Cdlitomla g ,�; •,."'" orange County -' ^P of,,ty Comm.Expires Nov 28,2007 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: Senior Vice President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 6243526 Number of Pages: Two (2) Date of document: October 6, 2004 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A IOWLEDGMENT No.5907 State of California County of Orange On October 6, 2004 before me, Ashley K.Ward,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC, personally appeared Patricia H.Brebner NAME(S)OF SIGNER(S) personally known to me-OR- (❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their -�-+ signature(s) on the instrument the person(s), or the entity upon Asl�L�y K.wARi3 behalf of which the person(s) acted, executed the instrument. Commission#1483685 p Notary Public-California Orange County Omy Comm.Expires Apr 16,2006 WITNESS my hand and official seal. r\ SIGNATURE OF 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 ATTACHER DOCUMENT ❑ INDIVIDUAL ❑ 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 8-40871GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184 6 Canoga Park,CA 91309-7184 SAFECO INSURANCE COMPANY OF CA S A r E C �w+/a POWER GENERAL.INSURANCE COMPANY OF AMERICA FAA {�,,j OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 9875 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 **********RHONDA C.ABEL;JERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT;JANE KEPNER;STANLEY C.LYNN;NANETTE MARIELLA-MYERS; MIKE PARIZINO;JAMES A.SCHALLER,ALEXIS BRYAN;LEIGH MCDONOUGH;Costs Mesa C�Cifi7mi w*www*******w**www*******ww*wwwww***wwww*w***ww*www***w**w* Its true and lawful attomay(s)-in-fact,with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 10th day of January 2002 -a? /t4; �4- G� R.A.PIERSON,SECRETARY MIKE M GAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Moe President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-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 seat,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 validity 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, (1) The provisions of Article V,Section 13 of the By-Laws,and (11) A copy of the power-of-attorney appointment,exec pursuant thereto,and (fit) 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." 1,R.A.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these 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 ars still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 6th day of October 2004 CM19Ef SEAL SEAL .. '., 195 " t 9% `Glf iy rof R.A.PIERSON,SECRETARY S-0974/SAEF 2101 0 A registered trademark of SAFECO Corporation 1/10/02 PDF e-sp " 00 1t1d; n (' rXf tt3iftt 1t1{ t'1 � � ►� .Tnur.. Inst, h INy i t : a :'Y' t E t t if ft ul 11t :forHhl ;tht3it" t rrtm�it:lt��t�ld�� teed by c�rt��tf�Cts;�f t�t��1�r��that' :. i . t Jt�ci i1 3 :b la :�tsur t p t►y pr xidir the bood..ThaAot fer +rl t Latsos;bh,�Mw de all of it,:b6nds 94y, lbbio tv N, X00. fi? r :d eS # a�rf i �n :t t aril P00abft this f ,th ,r iyin .,# m goktrafltsedy th4n+ tat t s aver rr fl `t r; Qf tip bdhd cit arty. nefOy a li t"t edlbs 6f 16W. 'fit els t9fr�� i��tmlut�;:�h�r��r�gultlr►�i�rgrrt tails��#. VOID AFTER 12/31/04 1113104 FATCO$42 #3 3 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P. O. Box 631 /� {- Russell V.Watts Martinez, California 94553- Casty Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date. 1113!2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER 1S VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract t MS# City T.R.A. 8780 SAN RAMON 66383 Parcel #: 223-090-006-6 222-090-007-4 223-100-057-7 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $5,714,700.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Brad Mills of Muni Financial at 800-755-6864 The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. Security for this tract will be covered by the bond for tract 8549 WILLIAM J. POLLACEK., Treasurer-Ta C 'lector By: RIDER To be attached to and form part of. Bond Number 24004181 dated 8/20/2004 issued by the _LIBERTY MUTUAL INSURANCE COMPANY in the amount of $5,714,700.00 on behalf of WINDEMERE BLC LAND COMPANY LLC (Principal) and in favor of CONTRA COSTA COUNTY (Obligee) Now therefore, it is agreed that in consideration of the premium charged, the attached bond shall be amended as follows: The Bond is amended to included the following tracts: Tract 8509,Windemere,Phase IV Tract 8773,Windemere Tract 8774,Windemere Tract 8775,Windermere Tract 8776,Windemere DATE- Tract 8777,Windemere BOND REVIEWED AND APPROVED Tract 8778,Windemere CONTRA COSTA CQ1TT , Tract 8779,Windemere '`' ` B - MOLLF Y: Tract 8780,Windemere =1 It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This Rider is to be Effective this 4th day of November, 2004 . Signed, Sealed&Dated this 4th day of November, 2004 . WINDEMERE BLC LAND COMPANY,LLC, a California limited liability company By: LEN-OBS WINDEMERE, LLC, a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA,INC., a California Corporation, its Managing Member By: (Principal) David Evans, Vice President LIBERTY MUTUAL INSURANCE COMPANY(Surety) Rhonda C.Abel, Attorney-in�-Fact �u CALIFORNIA ALL-PURPOSE ACKNit? NM.ED±GEMENT State of California County of Orange On November 5_2004 before me, Dina Printy, 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.--- r r asaor r r v •rciiies Nr_>v28,2007y 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: Rider for Surety Bond No. 24004181 Number of Pages: One f1A- Date }Date of Document: November 4, 2004 Signers (other than those named above): Rhonda C. Abel `CALIFORNIA ALL-PURPOSE AC 'OWLEDGMENT No.5907 State of California County of Orange On November 4 2004 before me, Ashley K.Ward,:Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rhonda C.Abel NAME(S)OF SIGNER(S) personally known to me -OR - 7 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 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ASHD K.war,a �' { ) OCommission# 14883685 Notary Public -Ca#!forma Orange County Commm.EExpires Apr 16,2008 V WITNESS my hand and official seal. SIGNATURE OF 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 ❑ 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(]ES) SIGNER(S)OTHER THAN NAMED ABOVE S-4087/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Perk,CA 91309-7984 THIS POWER OF ATTORNEY IS NOT VALID&,viLESS IT IS PRINTED ON RED BACKGROUND. 1450865 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint RHONDA C.ABEL,NANETTE MARIELLA-MYERS,JAMES A. SCHALLER,JANE KEPNER, MICHAEL D. PARIZINO, JERI APODACA,PATRICIA H. BREBNER, LEIGH MCDONOUGH,ALEXIS H.BRYAN, RACHELLE RHEAULT,ALL OF THE CITYOF IRVINE,STATE OF CALIFORNIA............................................................................................................................. ,each individually if there be more than one named,its true and lawful aftorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed, any�and all undenakinis, bonds, recognizances and other surety obliggations in the penal sum not exceeding ONE HUNDRED SEVENTY-FIVE MILLION AND 00/100«« ««««««««« DOLLARS($ 175 000 000.0(?*« «« }each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ! ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. --i Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'a attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their G0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be c as binding as if signed by the president and attested by the secretary. 'n By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: j .0 C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, is hereby ! ,.: authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and to deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. v l 0 0 W That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W I- > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seat of I- � Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 22nd day of January +a 2004 0� +a LIBERTY MUTUAL INSURANCE COMPANY f.'C3 0 qq V ByLL C ti\ Garnet W.Elliott,Assistant Secretary rs COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY 0 Imy On this 22nd day of January 2004 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above LE Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year le 0 first above written. ONS' � �m Ftrriilc �!� � p y CO B (�Q,,r„J ,{,(,/L,J Ter somas#elle,Notary Public Cs r+emnr:' 06 uf,nsyvaaniaAacc lak,u. �f�ot£ti :. C ' CERTIFICATE 1,the undersigned,Assistan ecretary of Liberty Mutual Insurance Company,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 officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article X11 I,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsirnile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of aiiy assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds,shall be valid and binding upon the company with the same farce and effect as though manualiy affixed. IN TESTIn#ON WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company,this 4th day of November _ X004 By � Da4M. ey,Ass 't Secretary a.- NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2042 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company„); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LNEC-6539 2103