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MINUTES - 09122006 - C.11 (2)
C'. ti TO: BOARD OF SUPERVISORS •%- ��-`- Conir' a FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR n' ;i...;.; .. Costa DATE: September 26, 2006 � vni— County SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 06-08930,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMNIL•NDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ��" ADOPT Resolution No. 2006/ 4W for Subdivision 06-08930, approving the Final Map and Subdivision Agreement, for project being developed by Windemere BLC Land Company,LLC, San Ramon(Dougherty Valley) area. (District III) FISCAL IMPACT: None. 13ACKGROUND/REASON(S) FOR RECOMMENDATION(S): Public Works staff has reviewed and processed Subdivision 06-08930 and has determined that all applicable conditions of approval for Final Map approval have been satisfied. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Agreement will not be approved. Continued on Attachment: v' SIGNATURE: �►✓� _ ECOMMENDATION OF COUNTY ADMINISTRATOR / _RECOMMENDATION OF BOARD COMMITTEE --ArFVkOVE OTHER SIGNATURE S ACTION OF BOR ON 6 APPROVED AS RECOMMENDED OTHER VOT F SUPERVISORS �/ I hereby certify that this is a true and correct UNANIMOUS(ABSENT /'�� c� ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. Originator:Public Works(ES) Contact: T.Rie(313-2363) ATTESTED- e��vs' -4:� 09"�L LL:vz / G:\EngSve,Bo\2006\09-26,.SD 06-8930 130-21.doc JOHN CULLEN, Clerk of the Board of cc.: Public Works—Construction Current Planning,Community Development Supervisors and County Administrator T—July 28,2008 Windemere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94582 Arch Insurance Company By , Deputy 135 N.Los Robles Avenue,Suite 825 Pasadena,CA 91 101 Liberty Mutual Insurance Company 5050 S.Main Street,Suite 830 Orange,CA 92868 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 26, 2006 by the following vote: AYES: Uilkema, Piepho, DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ �D SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 06-08930,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 06-08930, property located in the San Ramon (Dougherty Valley)area, Supervisorial District III,said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within two years from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action Originator:Public Works(LS) taken and entered on the minutes of the Board of Supervisors Contact: T.Rie(313-2363) LL:%7 on the date shown. G:\L-ngSvc\130\2006\09-26\SD 06-8930 130-2 Ldoc cc: Public Works—Construction Current Planning,Community Development T-July 28,2008 ATTESTED: 64 aani �� Win lcntcre BLC Land Company,LLC f 6121 Bollinger Canyon Road,Suite 500 JOHN CULLEN, Clerk of the Board of Supervisors and San Ramon,CA 94582 Arch Insurance Company County Administrator 135 N.Los Robles Avcnuc,Suite 825 Pasadena,CA 91101 Liberty Mutual Insurance Company 5050 S.Main Street,Suite 830 By ,Deputy Orange,CA 92868 41 V RESOLUTION NO.2006/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 06-08930, for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: September 26, 2006 PAGE: 2 A. Cash Bond Performance amount: $11,400.00 Auditor's Deposit Permit No. 466458 Date: June 29, 2006 Submitted by: Windemere BLC Land Company, LLC Tax ID Number: 94-3291516 B. Surety Bond Bond Company: Arch Insurance Company Bond Number: SU 5020552 Date: June 13, 2006 Performance Amount: $1,127,600.00 Labor&Materials Amount: $569,500.00 Principal: Windemere BLC Land Company, LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2005-2006 tax lien has been paid in full and the 2006-2007 tax lien,which became a lien on the first day of January 2006, is estimated to be $5,065,000.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Liberty Mutual Insurance Company Bond Number: 024025118 Date: July 27, 2006 Amount: $5,065,000.00 Submitted by: Windemere BLC Land Company, LLC 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. 2000/ 0 N Z N L F N o 2 W Or QY r Z o W 6 6cr 040 p�s W jN S. 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N29S202ER 90.00'p o�X411 "30'40'31 I �Q� •I. .�°r, m��„ 1 .909013.91,1Z.Z6N '- M � � � � iOYN 1 �.o•o'Fa. _ �-v,a' (� foo'c'i a o� W IJd 5 � NWS C� P16 LO Ie C�3I 3 E'207'Ot"ER z 5' 433.01'19-F 98.25' I N I a -{•-----�.- � 1 ,£O'lot 3„SI,lZ.Z6N �� z o � IDE � T. 1 �z u o , WIN E 1 N33"5301"E_,o o N33'S301E • 156�µ�Pl) z g 74:16tµ_p�) o J U7e SEE SHEET 4 � I T Q SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) Subdivision: 06-08930-Village 46 Effective Date: Subdivider: Windemere BLC Land Company,LLC Completion Period: 2 Years ! THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY,LLC A California limited liability company CONTRA COSTA COUNTY SUBDIVIDER By:LEN-OBS Windemere,LLC, Maurice M lu,1 rks Director A Delaware limited liability company Managing Member ! By. By:Lennar Homes of Califomia,Inc., Managinh;Member RECOMM DED FOR APPROVAL: (signature) ` (print name 3 titl Brian G.Olin,Vice-President 66 (signature) By. (print name&tate)Erik S.Brown,Asst. Secretary nghneenng ervhces h n I FORM APPROVED: Sllvano B.Marches!,County CounselN( OTE: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, I assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and I Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT I State of California ) ss. County of ) On the dale 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)!stare subscribed to the within instrument and acknowledged to me that he/she/they executed the same In hist her/their authorized capatdty(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. I Dated: Notary Public (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'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,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 (hereinafter'Ordinance Code'). i Subdivider shall complete said Improvements(hereinafter'Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 et.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 plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. i 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: $ 11,400.00 cash,plus additional security,In the amount of$ 1,127,600.00 ,which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashiers check. ✓ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,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:$ 569,500.00 which is fifty percent(500h)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. Form Approved by County Counsel Acceptable irrevocable letter of credit. [Rev.9/03] i i Pagel of 2 ----.-...------------ --— - ---- -- ....- —... -- - - ----...-- . .. -... -- — --- --...--- -- -I With this security,Subdivider guarantees payment to the wwractor,'o its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 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 i Sections 94-4.406 and 94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shag 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 said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. I 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shag 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 en sure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.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 I 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 andlor materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County I 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 i combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for i damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and indemnity the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,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 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 j 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 1 Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. Non-Conditlons.The promise and agreement in this section are not conditioned or dependenton 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 I from any negligent or willful 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;material 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 or expiration of any applicable warranty periods, whichever is later. 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 the Work as complete by the Board of Supervisors. i It. 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 and/or 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.)immediatety 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 recovercosts incurred in completing or maintaining theWork,Subdivider agrees to pay all attorney's lees, staff costs and all other expenses of litigation incurred by County in connection therewith,even if 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,except as provided in this paragraph,County's rights under this Agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with I the city originally.The provislons of paragraph 8(Indemnity)shall continue to apply In favor of the Indemnitees listed in paragraph B.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file 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 over which 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-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel [Rev.9/03] H:1FinaWV1ALW-SubAgmt9.03.wpd Page 2 of 2 . .. ..... . _._....__._............... . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��e� cFeK� `c� � �T� � �e�c ,cY��yel3cccc cc�`<cc `cS'cY'cS>�sCeo ' State of California ss. County of On before me, �In 7tiGl-- �►1r�Zfp /ld�� z" Date Q Name and Title of Office ( .g.,'Jane Doe, Lary Public") �,II personally appeared �J2tQ,k 6.7. 01l , � f-17 X B 1-.l✓11 i Name(s)of Signer(s) %S f' kpersonally known to me f ❑ proved to me on the basis of satisfactory evidence ' to be the person(s) whose name(s) i64are subscribed to the within instrument and acknowledged to me that h@44eithey executed the same in UiaA+en'their authorized capacity(ies), and that by .hi GA•ter/their 1 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) h RUTH ELLEN BISHOP acted, executed the instrument. l,1 SYS Commission# 1670361 y5 z qP1MY Notary Public-Calitomia WITNES my and a d official sea.Contra Costa County Camm.ExPkw May 26.201 IN` NPRI11111, Signature of Notary Public f' "J OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent .X fraudulent removal and reattachment of this form to another document. Description of Attached Document ,,,, Title or Type of Document: f' Document Date: Number of Pages: 2� Signer(s)Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: s Z ❑ Individual Top of thumb here I L Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General I ❑ Attorney-in-Fact C Trustee ( ❑ Guardian or Conservator ❑ Other: : Signer Is Representing: 9 P 9 c4•` . ti`�Gi`E%Z:���S `�t:'�.`�XS.J_ .v •_';`etS��t�s:�^�`,C�' :`�'CZiL��'�%'<'^C�`Cis'GY:'�k,�`�Z.�^�'�t•T 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 Toll.Pree 1.800876.6827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ' i MARTINEZ, CALIFORNIA �- �, . TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 (For Cash Collection Procedures See County Administrator's Bulletin 105. DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT $ Sales Tax 100300 0637 54.08 Sale of Prints 004530 9931 REV 6GO085 106.40 Sale of Prints 6AO026 416.95 Sale of Plans &Specs 004500 6A0196 137.42 Corner Records 3925-3930 00,651 19660 6LO88D 60.00 Premium Billing 9105 6LO85C 960.00 MS 900141 Map Ck Overage 96601 1 6L0069 462.17 CDD App Cost over 003520 5BO034 166.61 Plan Ck Over 6L0073 556.6: Hydrology Consult 007505 9895 6F8275 270.0( Sub 8992 Monument Fee 000651 96601 6LO81D 2,640.0( CDD Comp Ck 003520 15BO60C 1,000.0( i Base map Ck 004528 9931 61<0�30 3,700.01 Sub 05-09020 Civil-light Fee' 0074.75 9895 1,540.01 Sub 05-09020 Base Map Fee 004528 9931 REV 6K430 2,050.0, Sub 05-09020 Monument Fee 000651 9660 6LO81D 1,560.0 EXPLANATION: TOTAL $ Acctng: G1202445-G1202492 DEPOSIT 1,152,131.9 Deposit consists of the following items Eng Svcs: G1201455-G1201500& G1202551-G1202563 COIN and CURRENCY $ 120.2 I Records: G1202256-G1202271 Void G1202260 CHECKS,M.o.,ETC. $ 1,152,011.7 Invoices: 9121$87,912200,912185, 912196, 912183, 912189,912202, 912215, BANK DEPOSITS $ 912221,912210,912216,912218,912219,912228,912226,912181,912182, FOR AUDITOR-CONTROLLER USE ONLY 950591, 912154, 912159, 912157, BA'S 28083, 31243,28512,28386, 16776, DEPOSIT 15919,23994,26710,25596,28680, 30485,28984, 31506 31195,29190, PERMIT DP 29252,29535,31882, 31898,27016, 31776,27285, 14562, 30329, NUMBER DATE ,5.� �iSgq G60 ASSIGNED41,6 The amount of rhoney described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. - deposit into the County Treasury S, W& .,. :r Date- 1. _ Signed: s� Signed:�� Ttf.W,� EMT. Deputy County Auditor 3puty County Treasurer D-34 Rev.(7-93) L-t7A` K aA v 19800-0800: G1201487, $11,400.00, Sub 06-08930, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: 61201492, $26,300.00, Sub 06 Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201497, $31,500.00, Sub 06-0.892, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1202552, $24,900.00, Sub 06-0893-3-, Cash . Bond, Windemere BLC Land Company LLC, 6121. Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 829100-0800: 61202453, $6,678.00, Permit#365067, APN# 010-200-010, Additional Traffic Fees, ECCRFFA R582, Dennis .T. & Claudia J. Von Zamroy, 4209 Spaulding St., Antioch,-CA 94509 0682-9755: G1202457, $12,250.00, Inv 912182, Water Valve Cover Adjustments, Golden State Water Company, 630 East Foothill Blvd., San- Dimas, CA 91773 0649-9665 112300: G1201495, $80,000.00, Sub 06708931", Major Subdivisions'S' Improvement Inspection, Winclemere BLC Land Company LLC, 6121 Bollinger Canyon Rd:, Suite 500,San Ramon, CA 94583 C" 0649-9665 / 112300: G1201500, $80,000.00, Sub 067QB932',- Major Subdivisions ImprovementImpection, Winclememe BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon, CA 94583 0649-9665 / 112300: G1202468 $1,741.93, MS 05-00002, BA 28984, Discovery Builders,Inc.,4061 Port Chicago Hwy,Ste H, Concord, CA 94520 0649-9665 / 112300; 61202555, $80,000.00, Sub 064933, Major Subdivisions Improvement Inspection, Winclemere RLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon, CA 94583 819800-0800: G1201465, $28,870.00, Sub 8992, Cash Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1201471, $15,200.00, Sub 05-09020, Cash Bond, Windemerr- BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon, CA 94583 819800-0800: 61201472, $26,900.00, Sub 05-09021, Cash Bond, Winclemere BLC Land Company LLC, 6121 Ballinger Canyon.Rd.,Suite 500,San Ramon, CA 94583 819800-0800: G1201477, $25,600.00, Sub 05-09022, Cash Bond, Winclemere BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 5OD,San Ramon, CA 94583 819800-0800: 61201482, $27,200.00, Sub 05-M23, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon,CA 94583 Executed in Duplicate Subdivision: SUB 06-08930{; ,7} Bond No.: SU 5020552 Premium: $11,276.00 Any claim under this Bond should be sent to the following address: 135 North Robles Ave. Suite 825 Pasadena, CA 91101 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinafter'County")to install and pay for street,drainage and other improvements in Subdivision 8930 as specified in the Subdivision Agreement,and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement, Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and materialmen. 2. OBLIGATION. Windemere BLC Land Company, LLC as Principal, and Arch Insurance Company a corporation organized and existing under the laws of the State of Missouri 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 One Hundred Twenty-Seven Thousand Six Hundred and 00/100 Dollars (s 1,127,600.00 ) for itself or any city assignee under the above Subdivision Agreement. (B. Payment) Five Hundred Sixty-Nine Thousand Five Hundred and 00/100 Dollars (s 569,500.00 ]to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part4 of Division III of the Civil Code of the State of California. 3. CONDITION. This obligation is subject to the following condition. A. The condition of this obligation as to Section 2.(A)abo%e 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 his or their 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 therefor,there shall be included costs and reasonable expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any judgment rendered. B. The condition of this obligation,as to Section 2.(B)above,is such that said Principal and the undersigned as corporate suety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor,and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay, in addition to the face amount thereof, costs and reasonable expanses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)n successfully enforcing such obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment 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 Cade,so as to give a right 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 ndl and void;otherwise it shall be and remain in full force and effect. C. No change, extension of time, alteration, or addition to the terms of said Subdivision Agreement or the work to be performed thereunder orany plan or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the Principal whenever taken. SIGNED AND SEALEDon June 13th .20 06 Principal: Windemere BLC Land Company, LLC Surety: Arch Insurance Company Address: 6121 Bollinger Canyon Rd., Suite 500 Address: 135 N. Los Robles Ave., Suite 825 San Ramon, CA Zip:94582 Pasadena, CA Zip:91101 By: i Print Name: Print Name: Jeri Apodaca Title: Title: Attorney in fact [Note:All signatures must be acknowledged. For corporations,two officers must sign. The first signature must be that of the chairman of he board,presdent,or vine-president; second signature must be that of the secretary,assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)] Form Approved byCounty Counsel [Rev.1106] H:1FinanPw1ImpSec13ond 106 wpc Bond No. SU5020552 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 Brian G. Olin, Vice-President By: X� Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .-�t�cs•�,crcr.��,crti-�.�;r�.c��cr�<e�.er,�.�r�,er.�cc��c��r:�<er<�.�.�,.eF<c��.Ecccc-.r.� f� State of California ss. County of On,�u/ i /Il,�Q� before me, � f r Dale Narne nd Title of OY.irer(e.g.. Jane Doe.Not[ Public') personally appeared B�eWn Nan1e(s)of Signer(s) IX Ypersonally known to me L-1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)–+a/are subscribed to the within instrument and acknowledged to me that laefbh /they executed the same in -WeA-vT/their authorized capacity(ies), and that by--Hsffter/their 01 signature(s) on the instrument the person(s), or 0 RUIN ELLEN BXNOP the entity upon behalf of which the person(s) .11 ? COmMISston* 1670361 [ acted, executed the instrument. . �N RA*c-Catitorft fh Conlro Costa C omty WITNEand and offici4seal. y5 t' My Comm&Pk"May 26,201 'S Signature of Notary Publ; i OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent I fraudulent removal and reattachment of this form to another document., YJ ` Description of Attached Document Title or Type of Document: AI Document Date:_ Number of Pages: IS Signer(s)Other Than Named Above: t . I I Capacity(ies) Claimed by Signer Signer's Name: J Individual Top of I.`1urrlb here x J Corporate Officer—Title(s): J Partner—C Limited ❑General ? C Attorney-in-Fact 'I Trustee l 1 Guardian or Conservator i. J Other: 11 Signer Is Representing: I L'V���I�.^V���N�!.�I•�f V�V��I��W��!.YW WAV.:�V�`--•Y`V�N��V`-V.�.�V�V��-!>\l��V WV�.�!.V�W.`�-.V�V��I W V�V:J _1999 National Notary Assor-iat;on•9350 De Solo Ave..P.O.Box 2402-Chatsworth,CA 91313-2402-www.NattonalNotary.org Prod.No.5907 Reorder:Call Toll Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On June 13, 2006 before me, T. England, Notary Public DATE NAME.TITLE OF OFFICER-E.G.."JANE DOE.NOTARY PUBLIC" personally appeared Jeri Apodaca_ 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 T ENGLAND his/her/their authorized capacity(ies), and that by his/her/their Commission# 1657153 signature(s) on the instrument the person(s), or the entity upon -r; Notary Public-California ¢z behalf of which the person(s) acted, executed the instrument. Orange County My Comm.Expires Apr 9,2010 WITNESS my hand and official seal. �ZfL _ 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(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Box 7184•Canoga Park,CA 91309-7184 FRP POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Rhonda C.Abel,Jeri Apodaca,Jane Kepner, Nanette Myers, Mike Parizino,James A. Schaller, Rachelle Rheault,Ashley Ward, Grace Reza and Rosa E. Rivas of Irvine, CA(EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City,.Missnun. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00MI-0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the C:,,�lruny has c ;:ccM t!:Es ;^str:.�; e.^.t to uc signed and its corporate seal to be affixed by their authorized officers, this. 9th day of_May , 20 06 Arch Insurance Company Attested and Certified ance ORPORATE j �4 ? Martin J. Nilse ecretary Edward M.Titus ice President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free voluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J.CALLEo,ESO. Notary Public, State of New York No.02CA6109336 Lh;lified In New York County Pe r J. Nota ublic commission Expires May 3, 2008 My commiss expires 5-03-2008 CERTIFICATION 1, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY%NIHER'EOF, I have hereunto subscribed my name and of d the corporate se I of the Arch Insurance Company on this 13th day of_ June 20Q�__ / Zti✓ � �` �-L 6"<-- Martin J. Nilsrf, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors 8L Developers Group 135 N.Robles Ave.,Ste. 825 Pasadena,CA 91101 g�raanceC r CC!11v TE o�'O u SEA: 01 19i1 {� OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. NO ID iWT,ER: 9/10%06. 7/27/06 66,383.00 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- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX County Tax Operations Supervisor SE L p•, ;iiisrgi,,_ `S r'�COUT3� Date: 7/27/2006 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/ MS# City T.R.A. 8930 SAN RAMON 66383 Parcel #: 223-100-056-9 223-400-016-0 223-400-040-0 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 2005-2006 tax lien has been paid in full. Our estimate of the 2006-2007 tax lien, which became a lien on the first day of January, 2006 is $5,065,000.00 This tract is not subject to a 1915 Act Bond. 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. Bond covering Tract#8957 will be guarantee for this tract. WILLIAM J. POLLACEK, Treasurer-Tax Colleetor By: From:000 TAX COLLECTOR 925+957+2898 07/27/2006 06:47 #044 P.002/005 V)[pA1 TERM==F1 fQlt?:6 7/27/06 66,383.00 8957 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Flnence Building,Room 100 P. O.Box 631 }- Russell V.Watts Martinez.Califomia 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)6464122 Co u n ty Joslyn Mitchell (925)6464135 FAX "'11 Tax Operations Supervisor b. O• L Tp•• C1 Date:7/27/2006 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# city T.R.A. 8930 SAN RAMON 66383 Parcel#: 223-100-056-9 223-400.016-0 223-400-040-0 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 2005-2006 tax lien has been paid in full Our estimate of the 2006-2007 tax lien, which became a lien on the first day of January, 2006 is $5,065,000.00 This tract is not subject to a 1915 Act Bond. 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. Bond covering Tract#8957 will be guarantee for this tract. WILLIAM J. POLLACEK, Treasurer-Tax oll for By: ,� i 1 i From= TAX COLLECTOR 925+957+2898 07/27/2006 06:47 #044 P.004/005 3J :II3A TEi _91tDZD.Cx 7127106 66,383.00 8957 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- Costa Chief Deputy Treasurer-Tax Collector OD63 (925)646.4122 County Joslyn Mitchell (925)646-4135 FAX "! Tax Operations Supervisor •'r 'rr ch Date:7/27/2006 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8932 SAN RAMON 66383 Parcel#: 223-100-056-9 223400-016-0 223-400-040-0 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 2005-2006 tax lien has been paid in full. Our estimate of the 2006-2007 tax lien, which became a lien on the first day of January, 2006 is $5,065,000.00 This tract is not subject to a 1915 Act Bond. 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. Bond covering Tract#8957 will be guarantee for this tract. WILLIAM J. POLLACEK, Treasurer-Tax of for B y: / i From:000 TAX COLLECTOR 925+957+2898 07/27/2006 06:47 #044 P.003/005 _1LO11ATFR 19(97Afi 7127106 66,383.00 8957 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- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)6464135 FAX Tax Operations Supervisor V: i O' t4 C6ii• Date:7/27/2006 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8931 SAN RAMON 66383 Parcel#: 223-100-056-9 223400-016-0 223400.040-0 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 2005-2006 tax lien has been paid in full.. Our estimate of the 2006-2007 tax lien, which became a lien on the first day of January, 2006 is $5,065,000.00 This tract is not subject to a 1915 Act Bond. 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. Bond covering Traci#8957 will be guarantee for this tract. WILLIAM J. POLLACEK, Treasurer-Tax Coll c or By: ,� ;� From:C C TAX COLLECTOR 925+957+2898 07/27/2006 06:46 #044 P.001/005 _Uf5U-9FTE US 7/26/06 7/26/06 66,383.00 8057 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- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 y CountJoslyn Mitchell (925)646-4135 FAX "1 Tax Operations Supervisor 1 pyp C - r �. Date:7/26/2006 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8957 SAN RAMON 66383 Parcel#: 223.100-056-9 223-400-016-0 223-400-040-0 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 2005-2006 tax lien has been paid in full. Our estimate of the 2006-2007 tax lien, which became a lien on the first day of January, 2006 is $5,065,000.00 This tract Is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is 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. WILLIAM J. POLLACEK, Treasure C Ile t r i By: i I I Executed in Duplicate WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL RIDER FIRSTA RICAN TITLE COMPANY To be attached to and form part of: BY: Bond Number 024025118 dated 7/27/2006 issued by the LIBERTY MUTUAL INSURANCE COMPANY in the amount of $5,065,000.00 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: This bond is amended to reflect the replacements of the Subdivision File Numbers due to an error in the initial assigned numbers by Contra Costa County. Subdivision 8957; 8930; 8931; 8932 are replaced by Subdivision 8957; 8930; 9142; 9143; 9144. 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 27th day of July, 2006. Signed, Sealed & Dated this 11th day of August, 2006. WINDEMERE BLC LAND COMPANY, LLC DATE: BOND REV EWED AND APPRO.",F By: . (see attached signature block) CONTRA COSTA ril UNTY (Principal) TREA R R LEC'.N) BY: LIBERTY MUTUAL INSURANCE COMPANY (surety) Rosa E. Rivas , Attorney-in-Fact Bond No. 024025118 (Rider) 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: G Brian G. Olin,Vice-President By: GSI✓ Erik S. Brown, Asst. Secretary ACKNOWLEDGEMENT State of California County of Orange On August 11, 2006 before me, J. Barragan,Notary Public (here insert name and title of the officer) personally appeared Rosa E. Rivas 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 acknowledge 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. J• BARRAGAN lip Commission# 1635125 WITNESS my hand and official seal. iNotary Public-California Orange County Signature 7 My Comm.Expires Jan 5,20101 /.��v�, J. Barragan (Seal) 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(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GE 1/06 FRP 1870166 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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 KEPN.ER,MICHAEL D.PARIZINO,JERI APODACA,RACHELLE"RHEAULT, ROSA E.RIVAS,GRACE REZA,ALL OFTHE CITY OF IRVINE,STATE OF CALIFORNIA each individually if there be more than one named, its true and lawful attorney-in-fact to..make, execute, seal,acknowledge and deliver,for and on its behalf as suretyand as its act and deed,any and all undertakings, bonds, recognizances and other.surety obligations in the penal sum not exceeding ONE HUNDRD SEVENTY FIVE MILLION AND 00/100*******************.*DOLLARS($ 175,000,000.00***** )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. 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 V N attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their N O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be to CL ry. O as binding as if signed by the president and attested by the secreta 13N .19 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys in fact: M A .O C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby O to authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal, acknowledge and O 'G deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O i 01 VH 3 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W O— C E IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 12th day of JanuarV .,o 2006 Q M too LIBERTY MUTUAL INSURANCE COMPANY 0'C tti L 3 E C l�io '`�.✓,/ Garnet W. Elliott,Assistant Secretary N o COMMONWEALTH OF PENNSYLVANIA ss y COUNTY OF MONTGOMERYG 0 C t= On this 12th day of January 2006 , before me,a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged d 0-5 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 _5 3 Ea Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. R 0 i IN TESTIMONY WHEREQF R aVehereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year t le first above written_ U �oNw ¢f 04 COMMONWEALTH oF F NNsvUV:NIA. E N i P:atami Say! � Cl) O OF TsrocaPaltN:�y?ub By O aD Z V I plyi M=9—ti C—iY: . O O q� MyCwirn!ssiafExoiw.Wer.28.2 Ter sa Pastella,Notary Public v � SY4<`l� to Mwa;er.Ponnaytvania Assodation of Notaries F T CERTIFICATE b®. I,the undersigned,Assistant 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..l.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 XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile 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 any 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 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 11th day of August 2006 By David M.Carey,Assotgt Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rcc'.ccsc�`�^�'-e�'•c�>-e�>cY`�:`-c�'.c�`�'•cY`-e�`<enc`,�cccc�>,�c',�c`�`,c�?,e�',e�`,ece�?ti-�^,c�'-c�>ti�'1,�,e�'.��'-cY`�'.e�'.e�-e�`-o.'y'. 5 State of California ! ss. County of r�jh t 141 l � l On before me, I�1N � Blsh `I►� � �I r D to _.• 'I Name and Title of Officer(e.g.,'Jane Doe.N ary Public') personally appeared �ri AiVI 6. OOU:, l*S& Er' k- S • errawh— Name(s)of Signer(s) rIh: �I_personally known to me i 2:. D. proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .is/are subscribed to the within instrument and acknowledged to me that I*i' /they executed the same in I�/their authorized >' capacity(ies), and that by —ter/their 5 signature(s) on the instrument the person(s), or RUTH ELLEN 094op the entity upon behalf of which the person(s) ConM118bq#167061 acted, executed the instrument. �h5 may Rftc-Cafomla r: Contra Cafe Counter WITNE S m hand and official seal. M ConYn.EamesMv26,ml ' Signature of Notary P bloc 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 I� Title or Type of Document: S 2:. Document Date: Number of Pages: h Signer(s)Other Than Named Above: r -S Capacity(ies) Claimed by Signer Signer's Name: 5 ❑ Individual loo of thumb here h' El Corporate Officer—Title(s): ❑ Partner—D Limited ❑General CI Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: i Signer Is Representing: "t 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 91313 2402•www.NationalNoiary.org Prod.No.5907 Reorder:Call Toll-Fret)1-800-8766827 Executed in Duplicate PRINCIPAL Windemere BLC, Land Company Bond No. 024025118 Attn: Cathy Taylor Premium:$55,715.00 6121 Bollinger Canyon Road, #500 San Ramon, CA 94583 Phone: (925)242-0811 WE HEREBY CERTIFY THIS TO BE A TRUE TITLE COMPANY AND CORRECT COPY OF THE ORIGINAL First American Title Company FIRST AMERICAN TITLE COMPANY 6683 Owens Drive Pleasanton, CA 94588Barbara Pinto Attention: Barbara Pinto Phone: (925)738-4042 8y: Order Number: 0192-2226442; 2255147; 2255154; 2255170 SURETY Name: Liberty Mutual Insurance Company Address: 505 S. Main St. Suite 830 Orange, CA 92868 Phone #: 714-542-9583 Tax Year 2006/2007 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT, Windemere BLC Land Company, LLC, a California Limited Liability Company, as principal and (Surety) Liberty Mutual Insurance Company , a corporation organized and existing under the laws of the State of Massachusetts , and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa . State of California, in the penal sum of Five Million Sixty Five Thousand Dollars ($5,065,000.00), to be paid to said County of Contra Costa, for the payment of which will and truly be made, we and each of us bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. Sealed with our Seals and dated this 27th day of July 2006. The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Subd. 8957: 8930; 8931: 8932 and covering a subdivision of a tract of land in said County of Contra Costa and there are certain liens for taxes and special assessments collected as taxes, against the said tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal, shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said tract, then this obligation shall be void and of no effect, otherwise it shall remain in full force and effect. DATE: ;'t' "O t. BOND REVIEIWD AND APPROVED CONTRA COSTA TY TR B 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: see attached signature block By: Liberty Mutual Insurance Company _ Principal Surety STATE OF California )ss By: Rosa E. Rivas, Attorney—In—Fact COUNTY OF Change ) On 7/2706 beforeme, J. Barragan Notary Public,personally appeared —Kosa E. Rivas personally known to me(or-pluv tv mevn-tie-b3Sis7Dt -satisfacic�q c+vi6ece)to be the person(,&)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Wsfher/Flash authorized capacity(aes)and that by bisfher/heir signature(s)on the instrument the person(e-)or the entity upon behalf of which the person(51 acted,executed the instrument. WITNESS my hand and official seal. J. BARRAGAN Commission# 1635125 -� Notary Public-California Sig �- Orange County My Comm.Expires Jan 5,2010 My Commission Expires: January 5, 2010 This area for ofcial notarial seal Notary Name: J. Barragan NotaryPhone: 949-608-6345 Notary Registration Number: 1635125 County of Principal Place of Business: Orange Bond#024025118 (Tax Bond) 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: Brian G. Olin,Vice-President By: Gam✓`/� Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California '`�1 ,-,- ,� ss. County of 004y-el- On ILI& ( a o before me, aye-e NI"-4y_Z Dateame and Title of Officer(e.g.,"JankDoe,Notary Public") personally appeared E1iz.� Y k. V, g' �Y 1CA-Y-1 d ►�, Name(s)of Signer(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-isfare subscribed MARCE MAR1M to the within instrument and acknowledged to me that Xon01614317 44e�s4e/they executed the same in 4ie�/their No"V Abec-�°f01I0 authorized capacity(ies), and that by #is�/their CoraCo likew 1111. signature(s) on the instrument theperson(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature o 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(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General _ ❑ Partner—❑ Limited ❑ General ❑ Attorneyin Fact 26 ❑ Attorney in Fact ' Top of thumb here Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ®2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876.6827 : 1870163 THIS POWER OF ATTORNEY IS NOT VALID UNLESS:IT.-IS PRINTED ON RED BACKGROUND. This Power.flf Attorney limits the acts of.those named herein,and they have no authority to bind the Company except inthe: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.1 name,constitute-and appoint. :R.HONDA:.C..ABEL,NANETTE MARIELLA-MYERS;JAMES A;.SCHALLER,JANE.:KEPNER;MICHAEL:D. PARIZINO;JERI. .. APODACA,RACHELLE"fiHEAULT,ROSA E.RIVAS, RACE'REZA,ALL.OFTHE CIT1f:OF IRVINE;STATE OF:CALIFORNIA Each.individually if there be more..than one.narrmed, lts:true:and lawful attorney in-fact to make, execute,sea[;.acknoitiledge and deliver, for and:on its ....behaff:.as s u rely and as its.act and:deed;any:and all undertakings.; bonds;recognizances:and other.surely obli ations:in:the penal.sum.not exceeding ONE HUNDRED SEVENTY FIVE MILLION'AND:06/1'00***`********'*'****.D.OLL-ARS(s 175;000,00.0: 0****...':::::... :.. .: .):each,and the. .. execution:of:such undertakings, bonds;.recognizances:and:other surety obligations, in:.'pursuariee.::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 byauthority of:the.-following B.y=law and Authorization; ARTICLE XIII-Execution of.Contracts:.Section 5.Surety Bonds and Undertakings. Anyofficer of.the Cbmpany.authorized for that purpose in.writing b the:chairman or.the resident, and subject to such limitations.as.the P rP. 9 Y. P J chairman or the president may prescribe,shall appoint such attorrie s-in-fact;as.ma :be.necessa to act:in behalf of the Coni an 'to make, _ . . .. ... Y Y rY.: P. Y a execute, .seal, acknowledge and deliver as .surety..any and all undertakings, bonds., .recognizances and other.surety obligations. .Such _ attorne s=in fact, subject to the limitations set.forth i.n.tfieir.respectiVe owers of.attorne shall:have full power to,bind the Company b their Y 1Y Po . P Y .Y 0.:..::. signature.and execution.:of any:such instruments and to attach hereto he seal of the Company:: When so.:executed such instruments shall be a a�... : as'binding as if signed by the president antl.attested bythe.secretary. C u. he.y. :B..y:the following instrument the chairman orthe president:has:authorized the officer or other-official named therein:to:.Appoint attorneys-in=fact: C C.y �..:C..:. Pursuant to Article:.XIII, Section 5.of.the.By-Laws, Garnet W. Elliott,:Assistant..Secretary of.Liberty Mutual.Insurance Company, is hereby .. a authorized to appoint such attorne s=in-fact as may e necessary to.act in.behalf of.the Company.to,rhake, execute,seal, acknowledge and Y Yb.- ry. 9 z �.�. deliver as.surety any and all.undertakings,bonds,recogriizances:avd other surety.obligations.. .: v. ai:.That the.8y-law and the Authorization set forth above true copies.thereof and are.now in.full force:and effect: >+V w::7 d.LL IN.WITNESS WHEREOF, this Power.:of Attorney has.been-subscribed b an authorized officer or.official.of.the Company and the corporate seal.of L -•. Y Y P Y P p .t �. Liberty.Mutual Insurance Company has been affixed thereto in Plymouth Meeting,.Pennsyivania this 12tH. day of.. ...January ;,.e ..•2006 . Q C, N ta:y LIBERTY MUTUAL:INSURANCE:COMPANY 0 T d..0 O:I: ..:�;: o.... . ;. By a R C..Ri Garnet.W. Elliott,Assistant.Secretary y c "•` .COMMONWEALTH OF PENNSYLVANIA ss. t.0 .COUNTY OF MONTGOMERY w c to L O C . :On this 12th day of January 2006. , before me,.a Notary Public,personally came Garnet W. Elliott,to me known, and acknowledged a that..:he..is an Assistant:Secretaryof:Liberty Mutual.Insurance.Gompahy;.that-he.knows the.seal of.said.corporation; and that he:executed.the above vvw.."0::Power-of Attomey.and affixed the.corporate seal of Liberty Mutual Insurance Company thereto:with the authority and:atthe.&ection.of said corporation, ca.s .p Cc0. � IN TESTIMONY WH unto unto subscribed my name and affixed my notarial seal at Plymouth Meeting Pennsylvania,on he day and year: �:a ..c�....fiirstabove:wr'itten: COhfMOhMtEALTA OF PENIN YkVANiA. E.n ..L Cr • C: O F.-.•.:: TeresaPaste�s,N •FL:ifi3's.:...::• CCC Z:V l PtyraczithTT ,hiov— C-*..:.• .0 P _ Ter sa;Pastella,..Notary.Pur �`ySYI.��� Aanns'veneAfaoc n�af Naha. C.:�. CERTIFICATE ` .....Y�._. S. I-�.r ......... . : :I;the:undersigned,Assistant. ecretary of Liberty::Mutual.Insurance Gompa..ny.;.do hereby:certify.that::tfi2: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 ceitificate and.l do further certify.hat the:officer;or official.who ezebuted:the said power.of attorneyis an Assistant Secreta: s"eciall authorized.b the.chair van or.:the: residerit:.to.:a ofrtt atiorne s-in-fact as in Article rY- P - Y. Y P PP Y. P Xlll,:Section.5 of the By-laws of Liberty.Mutual.insurarice.Company. This certificate and.he above power.of attorney ma be sig ned b .facsimile.or mechanically..reproduce d signatures under and'by authority of the. Y. . 9. Y. .. 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 an assistant secreta of the company,' wherever.appearing:u on.a P 9. Y secretary . .. P: . 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 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 27th day of Julv. . 2.006 vid M.Carey,Ass nt Secretary .