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MINUTES - 09192006 - C.23
TO: BOARD OF SUPERVISORS _E �� Contra FROM: MAURICE M. SHN,PUBLIC WORKS DIRECTOR Costa DATE: September 19,2006 °� c�vkr srA-covNtl County SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-09022,for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/5�for Subdivision 05-09022, .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. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Public Works staff has reviewed and processed Subdivision 05-09022 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: SIGNATURE: ^' RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE �frPPROVE OTHER SIGNATURES ACTION OF BO/A ON ti rr7 a� APPROVED AS RECOMMENDED OTHER voT of SUP ISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT)' 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.Ric(313-2363) TR:vz G:\EngSvc\BO\2006\09-19\SD 05-09022 BO-21.doc JOHN CULLS , Clerk of the Board of cc: Public Works—Construction . Current Planning,Community Development Supervisors and County Administrator T—July 12,2006 Windemere BLC Land Company 6121 Bollinger Canyon Road,Suite 500 San Ramon.,CA 94583 . Attn!B.Olin By eputy Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 Attn:Rosa Rivas Liberty Mutual Insurance Company 505 S.Main Street,Suite 830 Orange,CA 92868 Attn:Rosa Rivas THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 19, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, DeSAULNIER. GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR PIEPHO ABSTAIN:NONE �{ RESOLUTION NO. 2006/5 3 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-09022,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: I. Map The final map of Subdivision 05-09022, property located in the San Ramon (Dougherty Valley)area, Supervisorial District III,said map having been certified by the proper officials. II. 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: Originator:public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: T.Ric(313-2363) taken and entered on the minutes of the Board of Supervisors TR:vz on the date shown. G:\EngSvc\E3O\2006\09-19\SD 05-09022 130-21.doc cc: Public Works—Construction Current Planning,Community Development —�- Jury 12,2006 Windemere BLC Land Company ATTESTED:SG ���,6.a y /)F, -04-w G Wi 6121 Bollinger canyon Road,Suite 500 JOHN CULLEN, Jerk of the Board of Supervisors and Sad Ramon.,CA 94583 _ Attn:B.Olin County Administrator Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 Attn:Rosa RivasZ§� Liberty Mutual Insurance Company By ,Deputy 505 S.Main Street,Suite 830 Orange,CA 92868 Attn:Rosa Rivas RESOLUTION NO.2006/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-09022, for project being developed by Windemere BLC Land Company, LLC, San Ramon(Dougherty Valley) area. (District III) DATE: September 19, 2006 PAGE: 2 A. Cash Bond Performance amount: $25,600.00 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 5.020545- Date: June 6, 2006 Performance Amount: $2,53.7,400.00 Labor&Materials Amount: .$1,291,500.00 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 $2,997;000.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Liberty Mutual Insurance Company Bond Number: 024.025 117 Date: July 25,2006 Amount: $2,997,000.00 Principal: Windemere BLC Land Company, LLC, a California Limited Liability Company 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. 20061,5 SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) q t/ ll I, Subdivision: 05 09022-Village 30 _ 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,Shiu,Pu lic Works Director A Delaware limited liability company !Managing Member By: A AZti By:Lennar Homes ofCalifomia,Inc., Managing Member RECOMMENDED FO (signature) (print name&title)Brian G.Olin,Vice-President BT- Engineering Semces,Dikfislo (signature) (print name&title)Erik S.Brown,Asst.Secretary FORM APPROVED: Silvan B.Marched,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-presklent 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 ) i On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for personalty 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 helshe/they executed the same In h!s/hor/their authorized capacity(ies),and that by histherflheir 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) i 1. PARTIES&DATE,Effective on the above date,the County of Contra Costa,California,(hereinafter°County')and theabove-mentioned Subdivider mutually promise and agree as follows conceming 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(hereinaffer"Werk")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. f 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 j 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 shag 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 I the County: I A. For Performance and Guarantee:$ 25,600.00 cash,plus additional security,In the amount of$2,537,400.00 ,which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashiers check. ✓ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdivider guarantees performance underthis Agreementand maintenance of the Work forone yearafter its completion and acceptance againslany defective workmanship or materials or any unsatisfactory performance. i B. For Payment: Security in the amount$ 1,281,500.Q0 which is fifty percent(50°x)of the estimated cost of the Work.Such security is presented in the form of: Cash,certified check,or cashier's check i ✓ Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable Leger of credit. (Rev.9/03) Page 1 of 2 I i I With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the i 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 Sections 944.406 and 944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK.Subdivider guarantees that the Work shall be free from defects in material orworkmanship 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 964.6,"Acceptance,"of the Ordinance Code.Subdivideragrees to correct,repair,or replace,at Subdivider's expense,any detects in said Work. • i 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.Subdivider agrees to perform plant establishment work foriandscapinginstalled under this AgreemenL Said plant establishment work shall j consist of adequately watering plants,replacing unsuitable plants,doing_weed,rodent and other pest control and otherwork determined by the Public Works Department to be necessary ! to ensure 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. i 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect;Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County indicatingthe Work or an art thereof complies with the requirements of this Agreement,or acceptance of the whole or an art of said Work and/or materials,or payments therefor,oran Y p P req 9 P Y P P Y Y � 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 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: I A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and i 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 whetheror not such liability,claim or damage was unforeseeable at any time before County reviewed said Improvement plans or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. i 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. i i D. Non-Conditions.The promise and agreement In this section are notoondlOoned or dependent on whether ornot 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 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;inspedws;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 CommissionerSurveyor;before acceptance of the Work as complete by the Board of Supervisors. i 11. NON-PERFORMANCE AND COSTS.If Subdivider fails to complete the Work within the time specifed ki this Agreement,and subsequerit extensions,or fails to maintain the Work,Counly 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.)Immediately upon demand. i Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even 9 Subdivider subsequently completes the Work Should County sue to compel performance under this Agreement or to recover costs incurred in completing ormaintaining the Work,Subdivider agrees to pay all attorneys fees, staff costs and all other expenses of litigation incurred by County in connection therewith,even 9 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 oris annexed to an existing city,except as provided In this paragraph,County's rights under this Agreementandlor any deposit,bond,or letter of credit securing said rights shall be transferred to the new I or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph 8.A.upon any such incorpora8on or annexation.' 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to fife and record the final map or parcel map for said Subdivision. i 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,91031 H:1FinaWMLWSubAgmt9.03.wpd I i Page 2 of 2 i - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of (,�j (4S� ss. On � before me, DateName and Title of Oflicer(e.g.,"Jane DdV,Notary Public") personally appeared bad47 17. a'l Gid fak—f , Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) •ielare subscribed to the within instrument and acknowledged to me that tael` }e/they executed the same in 44ieA"*/their authorized capacity(ies), and that by ,gieA;eer/their RUTH Mcm BISHOP signature(s) on the instrument the person(s), or commimw 7610361 the entity upon behalf of which the person(S) Notary public-Catifom6o acted, executed the instrument. Contra Costo County nth,c«nR+.�,unay 26,201110f WITN S y hand and official seal. Signature of Notary Public — OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above:_ Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•vrvrv+.NationalNotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 0 Q-3 urs Sl o -Yj�wo Us oU wmS �a W aZ �+� dQ d a WH��"z 22 MIS Fad Cz3 �JF� � �� yQ_� Z _ NE3 Z a� v 13 b pLLri a9�CIL"� W ^N Q � W ��O Q�m���� mmq;{���� W Q8 w Z`i �i ac".f X, CD F,m mei c z� zZ�mw�i SW JzF,mDiN€=� z z ewirw Z ��9a0(�^iw4 in Z o� �Z d >WF-ZZ � Z ��07 }"W� � W �Z O y�yWSS rr� 2 ~ ZZ N V 0 6 d 2 N Z } SIH a ►may o$la$m � cia � Qa a is � m m d m N CJ Q 4 } r m m m i zm it o w se 04 q� as q 6a�s z �}7yW(ii= LbvSN a ? 8 � G WJ §t;- NH ��� ���� ��� gag ig =w q ssss FS�'lc� F?vt iTrj-o~O �cw�= w#gm 3f mi` Q >m gspp tX- COU zd N a� ?8� xx �_ �o efilr'O oz ow�F o � 9F5 _ pFQQ ��o m j5 o < O •a F 'J ,'t5� W - Q,oda TyW nLr m Np L A. 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S1.LON- �i LAJ ------- - ---- 'Xiis -T- N o 00 U:) CA �o- C4 CN r ra < 11.0 1 \ C14 46 P,2 9qxp C14 Lo N p CNr tp C1N65526 1A 47r*, 47 nO - C,11 z 04 C*4 IIH 00.IV Cno Io'�L 21 ffi«Gv,iv.ION co 00 0 f7viP 1-0 CIA 2 C14 co CID CN 3nd 00 6 1 LD -611 Olt, to 1-1 -4 p;, 2:2: to VgSL90N in Jj.z— C"N14 J1.z&po 89) LAJ 11. 12,11, m V) C14 . 4 61,jg� C14 89,el LLJ i-n (Yo,l \4 n " 2 .6eq�.Ol, ,009£!V919 L90N 11Q-1 k ---L L4j U-) f- 3.90.6t.60N V) QQ a J.U,R£.5N bl 00 00.0 01 U') Ln C) '9161 OIN CQ Q'i 16 3.-19,9 L 9ON KQ 133Hs 33S COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER 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 S Sales Tax 100300 0637 54.08 Sale of Prints 004530 9931 REV 6GO085 106.40 Sate of Prints I J 6A0026 416.95 Sale of Plans &Specs 004500 16AO196 137.42 Corner Records 3925-3930 000651 9660 6LO88D 60.00 Premium Billing 9105 1 6LO85C 960.00 US 900141 Map Ck Overage 9660 1 61_0069 ' 462.17 CDD App Cost over 003520 5B0034 166.61 Plan Ck Over 6L0073 556.6: Hydrology Consult 007505 9895 6F8275 270.0( Sub 8992 Monument Fee 000651 9660 6LO81D 2,640.0( CDD Comp Ck 003520 5BO60C 1,000.01 3 Base map Ck 004528 9931 161<0�30 3,700.01 Sub 05-09020 Civil light Fee' _007475-9895 1,540.01 Sub 05-09020 Base Map Fee, 004528 9931 REV 6K 30 27050.0' Sub 05-09020 Monument Fee 000651 9660 6LO81D 1 1,560.0 EXPLANATION: TOTAL $ Acctng: G1202445-G1202492 DEPOSIT 1,152,131.9 i Deposit consists of the following items Eng Svcs: G1201455-134201500 &G1202551-G1202563 c61N and CURRENCY $ 120.2 ji Records: 131202256-131202271 Void 131202260 CHECKS,M.o.,ETC. $ 1,151,011.7 Invoices:912 87,912200,912185,912196,912183,912189,912202,912215, BANK DEPOSITS $ 912121,912210,912216,912218,912219,912228,912226,912181,912182, FOR AUDITOR-CONTROLLER USE ONLY 950591,912154,•912159,912157, BA'S 28083,31243,28512,28386,16776, DEPOSIT 15919,23994,26710,25596,.28680, 30485,28984,31508 31195,29190, PERMIT DP 29252,29535,31882,31898,27016, 31776,27285, 14562,30329, NUMBER t ,.` ', }. {_: .r .:•;< :; . { p DATE j Ss r59� (+60 ASSIGNED The amount of ffioney described above is for Treasurer's receipt of above amount Is Receipt of above amount is hereby acknowledged. -deposit into the County Treasury (rte. df rZO if Date E, pp >S" . Signed: {V ! Signed: T'iMle (F I�EKT. `t �"t Deputy County{Audit orF, DeputX county Treasurer D-34 Rev.(7-93) 0649-9665 / 112300: 61201495, $80,000.00, Sub 0670893T, Major Subdivisions9c Improvement Inspection, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd:, Suite 500,San Ramon, CA 94583 �p:--' 0649-9665 / 112300: G1201500, $80,000.00, Sub 06,-08932,Major Subdivisions Improvementlnspection, Windemere, BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon, CA 94583 0649-9665 / 112300: G1202468, $1,741.93, M5 05-00002, BA 28984, Discovery Bui lders,Inc.,4061 Port Chicago Hwy,Ste H, Concord, CA 94520 0649-9665 / 112300:~612025.55, $80,000.00, Sub 06{189 Major Subdivisions Improvement Inspection, Windemere BLC Land Company LLC, 6121 Bollinger Canyon !' Rd.,Suite 500,San Ramon, CA 94583 F� 8198004)800: 61201465, $28,870.00, Sub 8992, Cash Bond, Hofmann Land bevelopment Co., 1380 Galaxy Way, Concord, CA 94520 4. 819800-0800: G1201471; $15,200.00, Sub 05-09020, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon,CA 94583 1 8198004)800: &1201472, $26,900.0 Sub 05-09021, Cash Bond, Wi ndemere B L C I Land Company LLC, 6.121Bollinger Canyon Rd.,-Suite 500,San Ramon, CA 94583 ,a 819800-0800: 61201477, $25,600.00, Sub 05-09022, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon, CA 94583 819800-0800: G1201482, $27,200.00, Sub'05-09023, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon, CA 94583 i 819800-0800: G1201487, $11,400.00, Sub 06-08930, Cash Bond, Windemere SLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201492, $26,300.00, Sub 06-6Cash Bond, rte" Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 i N, 819800-0800: G1201497, $31,500.00, Sub 06-089-2, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1202552, $24,900.00, Sub 06-0 `--t (�l �,- Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 829100-0800: G1202453, $6,678.00, Permit#365067, APN# 010-200-010, Additional Traffic Fees, ECCRFFA RS82, 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., Son Dimas, CA 91773 Executed in Duplicate Subdivisi&B 05-09022(x-ref 8508) BondNo.: `SU 5020545 Premium: $253374.00 Any claim under this Bond should be sent to the following address: Arch Insurance- Company 135 N. Los .Robles Ave. , #825 Pasadena, CA IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT,The Principal has executed an agreement with the County of Contra Costa(hereinafter'County)to install and pay for street,drainage and other improvements in Subdivision 9022 'as specified in the Subdivision Agreement,and to complete saidwofk within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in ortr to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers aid materialmen. 2. OBLIGATION. Windermere BLC Land Company,LLC as Principal, and Arch Insurance Company acor ration po organized and existing under the laws of the State of Missouri and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra Costa,California to pay it: (A.Performance and Guarantee)Two Million Five Hundred Thirty-Seven Thousand Four Hundred and 001100 Dollars (S 2.537.400.00 )for itself or any city assignee under the above Subdivision Agreement. (B.Payment) One Million Two Hundred Eighty-One Thousand Five Hundred and 00/100 Dollars ($ 1,281,500.00 )to secure the daims 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)abole is such that if the above bounded Principal,his or its heirs,executors, administrators,successors or assigns,shall in all things stand to and abice 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,ou his of their part,to be kept and performed at the lime and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless the Canty 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,here shall be included casts and reasonable expenses and fees,including reasonable attorney's fees,incurred by the County of Conte Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in anyjudgment rendered. B. The condition of this obligation,as to Section 2.(B)above,is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,lab;,rrs,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 Actwilh respect to this work or labor,and that the Surety will pay the same in an act 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 expenses and fees,including reasonatie 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,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 Cafe,so as to give a light of action to them or their assigns in any suit brought upon this bond. Should the condi ton of this bond be fully performed,then this obligation shall become nul and void;othervrise 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 specitcaltons of said work,agreed to by the Principal and the County of Contra Costa(a city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given to make such change,extensionof time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civt(Code Section 2819 and holds itself bound without regard to and independently Of any action against the Principal whenever taken. SIGNED AND SEALED on 'Tune 6 2006 Pdndpal:Windemere BLC Land Company, LLC surety: Arch Insurance Company Address. Address: 135 N. Los Robles ,Ave. , #825 zip: Pasadena, CA zips 91101 By, See Attached Signature Block By: �� Print Name: Print Name: Rosa E. Rivas _ Tale: Title:Attorney in Fact INole:Ali signatures must be acknowledged. For corwralions,two officers must sign. The firs(signature must be that of the chairman of he board,presdenl,or vire-presidenu the , second signature must be that of the secretary,assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code.§313.)1 Fou Approved by County Course! IRev.1106j H:1FinahPW11 mp5,caond.106.wpa i. �t �. `� `� -�= :. Y .. r�. ''� � �'; Bond No. SU 5020545 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: G %L Erik S. Brown,Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California &ORCD ss. County of /� On � ' �(O� l�Q� before me, ��'�" DateName and Title of Officer(e.g.."Jane Doe,Wary Public") personally appeared Brim 6. i Df. liV& ink S. BmVri Narne(s)of Signer(s) [(personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that hefshe/they executed the same in dns>'trerJtheir authorized All capacity(ies), and that by *s�heiitheir /►�► ttU1M ELLEN 91SHOp signature(s) on the instrument the person(s), or Commies"*1670361 the entity upon behalf of which the person(s) Notary public-Cattlomia acted, executed the instrument. g Corltra Coats CamN MyC�.Exg*esMay 26,201 WITN SS rpy hand and official seal. Signature of Notary fulaft OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact 1 ❑ Trustee 1 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-24D2•www.NationalNotary.org Prod.No.5907 Reorder:Call Tall-Free 1-800-876-6827 ._�.,. ��s� -s=� {fi �},�.. f CALIFORNIA ALL-PURPOSE ASOWLEDGMENT • No.5907 State of California County of Orange On June 6, 2006 before me, J. Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rosa E.Rivas 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 J. 16 MRAGAN signature(s) on the instrument the person(s), or the entity upon Commission#1635125 behalf of which the person(s) acted, executed the instrument. Notary Public-California Orange County Comm.Expires Jon 5,2010@. my WIT�It �&S-1 .Aand 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(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.Q.Box 7184•Canoga Park,CA 91309-7184 N �Qapk & ) t264ammo � \ 4 b0-OOCIU9 rVoll ` © GR;mEm£m oyr 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,MrssOuc+. 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. OOML0013 00 03 03 - - Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the C;,MNuny has caN WM this i.^.�#ry �r±LU ba signed and its corporate seal to be affixed by their authorized officers,this, 9th day of_May —2006 Arch Insurance Company Attested and Certified nnce CORPORATE SEAL 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 fres aKvoluntary act said corporation and as their own free and voluntary acts for the uses andpp urposes therein set forth. PETER J.CALLED,ESQ. Notary Public,State of New York NO.02CA6109336 VA-� - — Ot:Iified in New York County PeIVr7SNota'qPuRc Commission Expires May 3, 2008 My commis 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 TESTIMONYWHEREOF, I have herel!.ntoL subscribed my'name and affi d the corporatr;se 1 of the Arch Insurance Company on this 6th day of June . 20 06 -•� � r�G Martin J. Nilst, Secretary This,Power of.Attorney limits the acts of those named therein to the bonds and undertakings specifically named th<-!-_.:. 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& Developers Group 135 N.Robles Ave.,Ste.825 Pasadena, CA 91101 SERI•`" � ' OOMLOO13 00 03 03 is+earl, Page 2 of 2i ;" Printed in U.S.A. SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) Subdivision: 05-09022-Village 30 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,Shiu,Public Works Director A Delaware limited liability company ,Managing Member By: By:Lennar Homes of California,Inc., Managing Member RECOMMENDED FOR APPROVAL: I (signature) (print name&title)Brian G.Olin,Vice-President j BT_ (� X i Engineering erv;ces. ors on � (signature) ( (print name&title)Erik.S.Brown,Asst.Secretary FORM APPROVED: Slvano B.Marches[,County CounselNOTE:All signatures must be acknowled ed.if SubdiJ der is into ... ( g rpomted,theconhacl" 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 j ; 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 perso(s)whose name(s)Islare subscribed to the within instrument and acknowledged to me thal heisheithey executed the same In hislhedtheir authorized capacity(ies),and that by hWhedtheir 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 (NotarySeal) l i 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.Sutxfivideragrees to Instal certain road improvements(both public and private),drainage Improvements,signs,street rights,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,inducting future amendments thereto (hereinafter'Orlinance Code'). j Subdlvldershali complete said Improvements(herelnafter'WoW)within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. ? Code,§§66410 el.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 Coble i 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 f 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordnance Code,provide as security to. I the County: A. For Performance and Guarantee:$ 25,600.00 cash,plus additional security,in the amount oft;2,53 7,400.00 ,which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of i Cash,certified check or cashier's check. ✓ Acceptable corporate surety bond. Acceptable irrevocable letter of credit ( ; With this security,Subdividerguaranteas performance underthisAgreement and maintenance of[he Work for one yearafter its completion and acceptance against any defective i workmanship or materials or any unsatisfactory performance. B, For Payme it:Security in the amount$ 1.281,500.00 which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the form of: Cash;certified check,or cashier's check i J Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit (Rev.9/031 Page 1 of 2 i i i With this security,Subdivider guarantees payment to the contraaor,to its s ibcontractors and to persons renting equipment or furnishing labor or materials to them or to the l Subdivider. t 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 94A.406 and 944,408 of the Ordinance Code. 4, GUARANTEE AND WARRANTY OF WORK Subdivider guarantees that the Work shaft 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 f 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. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant establishmentwork forlandscaping installed under this Agreement Said plant establishment work shag j consist of adequately watering plants,replacing unsuitable:plants;doing weed,rodent and other pest control and otherwork determined by the Public Works Department to be necessary to ensure establishment of plants. Said plant establishment work shag be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. i 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work andlor.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 compiles with the requirements of this Agreement,or acceptance of the whole or any pad of said Work and/or materials,orpayments therefor,or any I combinaffon or all of these acts,shag not relieve the Subdivider of its obligation to fulfi6 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; ' I A. The Indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and I employees. I B. The fablfties 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 arty suit(s),action(s),or other pfoceeding(s)concerning said liabilities and claims. i 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. i D. Non-Conditbns.The promise and agreement In this section are notcordfloned or dependenton whetherornDt any Incleminitee has prepared,supplied,orapproved any plan(s)or specification(s)in connection with this Work or Subdivision,or has insurance orother indemnification covering any of these matters,or that the alleged damageresuhed partly from any negligent or willful misconduct of any indemnitee. I 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 othercosts Incurred by County staffadsing from or related to the Work,and pdorto 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 CommsslonerSuiveyor before acceptance of the Work as complete by the Board of Supervisors. I 11. 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.)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 i Should County sue to compel performance under this Agreement or to recover costs incurred in completing ormaintaining the WorK Subdivider agrees to pay all attorney's fees, j staff costs and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsegaentlyproceeds to complete the Work 1. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision Is induded in territory incorporated as a city oris annexed to an existing city,except as provided in this paragraph,County's rights under this Agreementandlor any deposit,bond,or laWrof credit securing said rights shall be transferred to the new I or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph 8A.upon any such incorporation or annexation. II 13. RECORD MAP.In consideration hereof,County shag 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 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-performance of this Agreement by Subdivkier,completion and/or maintenance of the Work. i Form Approved by County Counsel l [Rev.91031 1 H:IFinahPWILWSubAgmt9.03.wpd ? 1 i Page 2 of 2 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /) ss. County of (, On j�r before me, Uzi, !� w—d"t AW Date Name and Title of Ofliew(e.g.,'Jane DdV,Notary Publicl personally appeared bfyd,N 11. 04'x,a"d fq Lf- A9rX)-19L Name(s)o1 Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4&/are subscribed to the within instrument and acknowledged to me that helis►e/they executed the same in 44a4ter/their authorized capacity(ies), and that by kslr RUTH MEN BISiiOP signatureon on the instrument the person(s), or Corm 1670361 the entity upon behalf of which the person(s) -� teary PUNIC"Collforrdo acted, executed the instrument. Contra Coda County My COMM.Exdres May 26,201 WIT N S y hand and official seal. Signature of Notary Public — OPTIONAL Though the information below is not required by faw,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: I Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402-w NationalNolary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876.6827 � s Vbl4D AFT1E g 25`06t 7/11/06 FATCO$42.00 8508 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 Costa Russell V.Watts Martinez,California 94553 Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX "1 Tax Operations Supervisor WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL ► FIRST AMERICAN TITLE COMPANY s' -cU Date: 7/1112006 BY: -- 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. 8508 9020 9022 SAN RAMON 66393 9021 9023 Parcel#: 223-010-006-3 223-010-007-1 223-100-054-4 223-100-055-4 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, $2,997,000.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is 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, Treas e a oil or By: Executed In Duplicate Bond No. 024025117 PRINCIPAL Premium:$32,967.00 Windemere BLC Land Company, LLC. 6121 Bollinger Canyon Road, Suite 500 San Ramon, CA 94583 WE HEREBY CERTIFY THIS TO BE A T Attn: Cathy Taylor AND CORRECT COPY OF THE ORIGIN; ._ Phone: (925)242-0811 FIRST AMERICAN TITLE COMPANY TITLE COMPANY First American Title Company BY: 6683 Owens Drive Pleasanton, CA 94588 Attention: Barbara Pinto Phone: (925)738-4042 Order Number: 2226398, 2245704, 2246108, 2246142 &2246175 SURETY Name: Liberty Mutual Insurance Company Address: 505 S. Main St. . Ste. 830 DATE: i Orange. "CA 92868 BOND REVI WED AND APPROVED Phone#: 714-542-9583 CONTRA COSTtk COUNTY TREA 8 T COLLECTOR BY: 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 Two Million Nine Hundred Ninety Seven Thousand Dollars($2,997,000.00), 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 25th 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 Subdivision 8508, 9020, 9021, 9022 and 9023 (Windemere Phase 3) 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. Windemere BLC Land Company, LLC, a California Limited Liability Company Liberty Mutual Insurance Company By: LEN-OBS Windemere, LLC., a Delaware Limited Liability Company, its Managing Member Surety By: Lennar Homes of California; Inc,, a California By: ��� Corporation, its Managing Member Rosa E. Rivas, Attorney-In-Fact By: f3Q�,�„i G, oma.,✓ - �icc: �Ros�aCa.T By: sec'f/111-/Y Principal(s) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � c ct crcr c�el ecrer�e c cc�rc�cc cS ct c<cc execccaGc>cc ec e�cc e�eget o y; 1 State of California 1 ss. County of I O ' before me k Z,% Zaa6 / fh �ll�►���h�, fly �,1�" n , Date Nme aand Idle of e. Irk Office,I 9�'1ane Doe. olery Publics ` personally appeared JJf% ,�) �� • 0�'f^ �9 �/� -r• �j/�4�"�' Name(s)of Signer(s) I impersonally known to mei Ih ❑ proved to me on the basis of satisfactory evidence S to be the person(s) whose name(s) ie/are subscribed to the within instrument and acknowledged to me that ho/e4e/they executed the same in hie,<fier/their authorized capacity(ies), and that by bis>w/their s Rulm ELLEN 9iS1iOP signature(s) on the instrument the person(s), or COIYgtdS*M# 1670361 the entity upon behalf of which the person(s) Notary Public-California acted, executed the instrument. i r Contra Costa Count *,MY COMM.EvYesmay 26,201 r WITS S hand and official seal. '., Signature of Notary Public �'t C, OPTIONAL t Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent f fraudulent removal and reattachment of this form to another document- Description of Attached Document Title or Type of Document: �Irh: Document Date: Number of Pages: Z Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer t: Signer's Name: R ❑ Individual Top of thumb here i ❑ Corporate Officer—Title(s): �l ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ii ❑ Trustee i ❑ Guardian or Conservator ?I ❑ Other: iA* Signer Is Representing: ®1999 National Notary Association•9350 De Solo Ave..P.O.Boz 2402•Chatsworth.CA 91 31 3-240 2•www.NationalNolery.org Prod.No.5907 Reorder.Call Toll-Free I.800-876-6827 STATE OF California )SS COUNTY OF Orange ) On July 25, 2006 before me, J. Barragan, Notary Public Notary Public, personally appeared Rosa E. Rivas personally known to me (or pFoued-teFne er+t4�f3asiw5 ef-sa45fa-etet:tevidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that tge/she/they-executed the same in+is/her/H r& authorized capacity(ies) and that by4iis/her/t-h&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. J. BARRAGAN Commission# 1635125 <@my Notary Public-California Orange County Signature ., Comm.Expires Jan 5,2010 I �7 My Commis$i Expires: anuary 5, 2010 This area for official notarial seal Notary Name: J. Barragan Notary Phone: 949-608-6345 Notary Registration Number: 1635125 County of Principal Place of Business: Orange ' THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1870160 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,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,seat,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertaki is,bond#4retognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED SEVENTY FIVE MILLION AND 00/100 DOLLARS($_175;000,000.00 )each,and the, execution of such undertakings, bonds; recognizances andother 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 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 0signature and execution of any such instruments and to attach thereto the seal of the Company: When so executed such instruments shall be CL d as binding as if signed by the president and attested by the secretary. .o Ad By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: co 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 'C deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. i to U w 7 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. 0 C d > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of r Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 12th day of January d 2006 a o t�0 y LIBERTY MUTUAL INSURANCE COMPANY d O L 3 O By/—, � A/_ C C cep •,; Garnet W.Elliott,Assistant Secretary rn COMMONWEALTH OF PENNSYLVANIA ss s" ,rs COUNTY OF MONTGOMERY C COn this 12th day of January 2006 ,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 0i Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. ro .0 M .O IN TESTIMONY WH .�, unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year M V first above written. t3NYsr carFtnt>aNWEALTH OF PENN YLVANIA E O `7 OF Teresa PEuteta,rdoiary Plbl. by Z Fr* f r,p.,Mangcmero Ter sa Pastella,Notary Public Ti YLdf' �} Me-met.Pun6yfvenia A-SmAi tian of Natallee F CERTIFICATERy 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 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 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 25th day of July 2006 rI' 1 By David M.Carey,Ass' nt Secretary From:000 TAX COLLECTOR 925+957+2898 07/13/2006 06:45 #012 P.001/001 f V 7111106 FATCO$42.00 8508 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 Martinet,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646.4122 County Joslyn Mitchell ` (925)646-4135 FAX Tax Operations Supervisor Date: 7111/2006 i IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (RBST CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# city T.R.A. 8508 9020 9022 SAN RAMON 66393 9021 8023 Parcel#: 223-010-006-3 223.010-007-1 223-100-054-4 223.100.055-4 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 $2,997,000.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is 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 approvar of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treas aoil or ey: I c