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HomeMy WebLinkAboutMINUTES - 09192006 - C.24 C TO: BOARD OF SUPERVISORS .•ti_sEt- Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa +S:auBA '® IZ DATE: September 19, 2006 9°°s -' T Gr~,4 County SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-09023,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/_,6;74�.for Subdivision 05-09023, 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 05-09023 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: „COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _rAPPROVE OTHER r SIGNATURES ACTION OF B ON / APPROVED AS RECOMMENDED OTHER VOF SUPERVISORS UNANIMOUS(ABSENT ) I hereby certify that this is a true and correct V AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the Originator:Public Works(ES) date Shown. Contact: T.Rie(3I3-2363) G:\EnoSvc\BO\2006\09-19\SD 05-09023 130-21.doc , TR:vz cc: Public Works—Construction � � Current Planning,Conanuttity.Development ATTESTED���`Y 1A q?qAV io T—July 12,2006 Windemere BLC Land company,LLC JOHN CULLEN, Clerk of the Board of 6121 Bollinger Canyon Road,mice soo San Ramon,CA 94583 Supervisors and County Administrator Arch Insurance Company 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 Attn:Rosa Rivas By , Deputy Liberty Mutual Insurance Company 505 S.Main Street,Suite 630 Orange,CA 92868 Attn:Rosa Rivas J 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, G10IA NONE: NONE ABSENT: SUPERVISOR PIEPHO ABSTAIN:NONE RESOLUTION NO. 2006/,-5,74/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-09023,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 05-09023,,'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(GS) 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 G:\EngSvc\60\2006\09-19\SD 05-09023 BO-21.doc on the date shown. rR:vz cc: Public Works—Construction Current Planning,Community Development T—July 12,2006 Windemere BLC Land Company,LLC ATTESTED: 6121 Bollinger canyon Read,suite Soo JOHN CULLEN, 6erk of the Board of Supervisors and San Ramon,CA 94583 Arch Insurance Company County Administrator 135 N.Los Robles Avenue,#825 Pasadena,CA 91101 Attn:Rosa Rivas Liberty Mutual Insurance Company 505 S.Main Street,Suite 830' By Deputy Orange,CA 92868 Attn:Rosa Rivas RESOLUTION NO.2006/ �_ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 05-09023, 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: $27,200.00 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 5020546 Date: June 6, 2006 Performance Amount: $2,687,800.00 Labor&Materials Amount: $1,357,500.00 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. 20061-6 SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) �� O� Subdivision: 05-09023-Village 31 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 i CONTRA COSTA COUNTY SUBDIVIDER By:LEN-OBS Windemere,LLC, Maurice M.Shiu,Public Works Director A Delaware limited liability company v' Managing Member By: EA ;By:Lennar Homes ofCalifornia. Inc., j RECOMMENDED FOR AP Managing Member (signature) �i�/ (print name&title)Brian G.Olin,Vice-President G�lit/ By: i ngmeenng a ice nasion (signature) _(print name&title)Erik S.Brown,Asst:Secretary FORM APPROVED: Silvano B.Marchesi,County Counsel NOTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the I 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 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 persons)whose name(s)islare subscribed to the within instrument and acknowledged to me lhathe/shelthey executed the same In hisiher/theirauthodzed capaaty(ies),and that by hLAerAhelr slgnature(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 Seaq 1 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'Ceunty')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 bghts,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'►. Subdividershali complete said improvements(herelnafter'Workl 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 Ordnance 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: I A. For Performance and Guarantee:$ 27,200.00 cash,plus additional security,in the amount of$2,687,800.00 which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of Cash,cedified check or cashier's check. 1 ✓ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdivider guarantees performance under this Agreement and maintenance of the Work forone yearafterits compl e0on and acceptance against any defective workmanship or materials or any unsatisfactory performance. i B. For Payment:Security in the amount$ 1,357,500.00 which is fifty percent(5096)of the estimated cost of the Work.Such security is presented in the i form of: Cash,.certified check,or cashier's check i ✓ Acceptable corporate surety bond, Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.9/03) Page 1 of 2 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 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 94-4,405 and 94-4,408 of the Ordinance Code, i 4. GUARANTEE AND WARRANTY OF WORK SubdMder guarantees that the Work shag 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 96-4.6,"Acceptance,"of the Ordinance Code.Subdivider agrees to i correct,repair,or replace,at Subdivider's expense,any defects 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 ESTABUSHMENT WORK,Subdivider agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants;replacing unsuitable plants;doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to 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 prginised 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 WAfVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County Indicating the Work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said Work and/or materials,or payments therefor;or any 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 bringingan action for 9 9 P ty Y PP Y i damages arising from Ute tallure to comply with any of the terms and conditions hereof. B. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: + A. The indemnitees benefitted and protected by this promise are the Countyand its special districts,elective and appointive boards,commissions,officers,agents and employees. 8, 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 a including personal Injury,death,property damage,inverse condemnation or any combination of these,and regardless ofwhetheror not such liability,claim or damage was unforeseeable i at any time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them D. Non-CondifIons.The promise and agreement in this section are not conditioned or dependenton whether or not any indernnitee 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 parlly 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 utififies required thereby;inspections;material I checks and tests;and other costs incurred by Countystaffarising from or related to the Work,and priorto 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 satfsfaclon of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. j It. NON-PERFORMANCE AND COSTS. If Subdivider fags to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the I 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 Should County sue to compel performance under this Agreement or to recovercosts incurred In completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, 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 of8upervisors 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 Agreement andlor any deposit,bond,or letter ofcredit searing said rights shall be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shag continue to apply in favor of the Indemnitees rested in paragraph 8.A,upon any such incorporation or annexation. 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 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 andfor maintenance of the Work. i Form Approved by County Counsel (Rev.91031 H:1FinaftPWlLW-SubAgmL9.03.wpd Page 2 M 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CdnN Cosmo ss. On Ju4v, &, before me, Data Q� Nam and rtle of Officer(e.g.,"Jane Doe,Notary Public") personally appeared FIEF,• 67' ���` � [ h- Narni of Signers) (personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -ie/are subscribed to the within instrument and acknowledged to me that,4e4s4iiie/they executed the same in #i_R +er,'their authorized capacity(ies), and that by 4ieftrer/their RUTH ELLEN BISHOP signature(s)on the instrument the person(s),or Comml 10 1670361 the entity upon behalf of which the person(s) •`� Notary ft"Ic-California acted, executed the instrument. Contra Costa County - M1rComm.Ex0ftMay 26,201 WITNE S y hGGand?Lad official seal. G� 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. 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T-L9---- OD•y9 .fF'l9ZM.ZOS£f&Nnom'+ > kN64'10'J27ER a 59.49 _L9_ 9Js" LO W z w rnO Wcs \�t=L•00' D`ry� �� �' CD N t�— W o o is M M ~ Q CO W z z WW a N U V CD:�;zd$ 9,19lZ'6l ,S6'46 ,OZ'49 ��'L� Q ,L9'09 M.11,60.sBN ,51'601 M.90,L0.99N '�� z M � � m ZCC) �� M b_ Ln CY) 9 133HS 33S C°, ' �°" COUNTY OF CONTRA COSTA r_N DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ; MARTINEZ, CALIFORNIA ; TO THE TREASURER: V 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 6G0085 106.40 Sale of Prints 6AO026 416.95 Sale of Plans &Specs 004500 6AO196 137.42 Corner Records 3925-3930 000651 96601 1 6LO88D 60.00 Premium Billing 9105 6LO85C 960.00 ,MS 900141 Map Ck Overage IF 9660 6L0069 462.17 CDD App Cost over 003520 1 5B0034 166.61 IF Plan Ck Over 6L0073 556.6: Hydrology Consult 007505 9895 16F8275 270.0( Sub 8992 Monument Fee 000651 96601 6LO81D 2,640.0( CDD Comp Ck 003520 5BO60C 1,000.0( 3 Base map Ck 004528 9931 61<0�30 3,700.01 Sub 05-09020 Civil-light Fees _0.07475-=9895 1,540.01 Sub 05-09020 Base Map Fee 004528 9931 REV 6K, 30 2,050.0, Sub 05-09020 Monument Fee 000651 9660 61_081D 1,560.0 EXPLANATION: TOTAL $ j Acctng: 131202445-131202492 DEPOSIT 1,152,131.9 i Deposit consists of the following items Eng Svcs: 131201455-131201500 & G1202551-131202563 COIN and CURRENCY $ 120.2 Records: G1202256-G1202271 Void G1202260 CHECKS,M.O.,ETC. $ 1,152,011.7 1 Invoices: 9121#87,912200,912185,912196, 912183, 912189,912202,912295, 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, 31508 31195,29190, PERMIT DP' 29252,29535,31882, 31898,27016, 31776,27285, 14562,30329, NUMBER { DATE (fSJ �sqq 1360 ASSIGNED } 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 Sygrf�ed' r � •�-+!'r�' 'Datq` �/._l f/ �,I�� �� :, Signed: `! a. Signed: Td1e.. {t- •EXT,. `� �.,f Deputy Coun Auditor D.puty DeputyCounty Treasurer D-34 Rev.(7-93) �. �J r3 c t Gam.✓�S�l 1. IZA% I(/_„ J�U�SSD 0649-9665 / 112300: 61201495, $80,000.00, Sub 06708931", Major Subdivisions 9C- Improvement Inspection, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd:,Suite 500,San Ramon, CA 94583 c� 0649-9665 / 112300: G1201500, $80,000.00, Sub 06-9�, Major Subdivisions Improvement Inspection, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon, CA 94583 0649-9665 / 112300: 61202468, $1,741.93, MS 05-00002, BA 28984, Discovery Builders,Inc.,4061 Port Chicago Hwy,Ste H, Concord, CA 94520 a T2,`C 0649-9665 / 112300: 61202555, $80,000.00, Sub 06-Q893r3, Major Subdivisions Improvement Inspection, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon, CA 94583 I 819800-0800: G1201465, $28,870.00, Sub 8992, Cash Bond, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 i; 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 819800-0800: 61201472, $26,900.00, Sub 054W21, Cash Bond, WindemereBLC Land Company LLC, 6121 Bollinger Canyon Rd.,Suite 500,San Ramon, CA 94583 819800-0800: G1201477, $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 a I I I I- t 819800-0800: 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: G1201492, $26,300.00, Sub 06¢ Cnsh Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201497, $31,500.00, Sub 06-0.8Rn, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon,.CA 94583 819800-0800: G1202552, $24,900.00, Sub 06-0.89S_3_, Cash Bond, Windemere BLC Land Company LLC, 6121, Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 829100-0800: G1202453, $6,678.00,.Permit#3-65067, 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 Executed in Duplicate • ouB (x-ref 05-09023( f 8508 $UbdIVISI ) Bond No.: Sia 5020546 Premium: $26,878.00 Any claim under this Bond should be sent to the following address: Arch Insurance Company 135 N. Los Robles Ave. , 4825 Pasadena, CA 91101 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT.The Principal has executed an agreement with the County of Contra Costa(hereinafter'County')to install and pay for street,drainage and other improvements in Subdivision 9023 as specified in the Subdivision Agreenent,and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and materialmen. 2. OBLIGATION. Windemere BLC Land Company,LLC as Principal, and Arch Insurance Company a corporation organized and existing under the laws of the State of Missouri and authorized to transact surety business in California,as Surely,hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra Costa,California to pay it: (A. Performance and Guarantee)Two Million Six Hundred Eighty-Seven Thousand Eight Hundred and 00/100 Dollars ($ 2,687,800.00 )for itself or any city assignee under the above Subdivision Agreement. (B. Payment) One Million Three Hundred Fifty-Seven Thousand Five Hundred and 00/100 Dollars ($ 1.357.500.00 )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. `s. CONDITION. This obligation is subject to the following condition. A The condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal,his or its heirs,executors, administrators,successors or assigns,shall in ali things stand to and abide by,and we..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 t shall be and remain in full force and died As pail 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 city 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 expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,to be awarded and fixed by the court,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 entilled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to hem or their assigns in any suit brought upon this bond. Should the conddon of this bond be fully performed,then this obligafon shall become null 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 wilhoutregard to and independently d any action against the Principal whenever taken. SIGNED AND SEALEDon June 6 ,2006 Principa(: Wind emere BLC Land Company, LLCsurety: Arch Insurance Company Address: Address: 135 N. Los Robles Ave. , #825 zip: Pasadena, CA zip: 91101 BV�See Attached Signature Block Print Name: Print Name: Rosa E. Rivas 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,pres8enf,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.)) _ Form Approved by County Counsel (Rev.11061 H:1F in a nPM m oS a ceond.106.wpd i 0 Bond No. SU 5020546 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: �itJ Brian G. Olin,Vice-President By: 4 l Erik S. Brown,Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of iy On before me, Date Name and Title of Officer(.e.g.,"Ane Doe,Notary ubllc") / personally appeared �ri,_f' RrOWI-7 a4ld BY/&n tet. 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) .flare subscribed to the within instrument and acknowledged to me that Hefshhe/they executed the same in 4iio er/their authorized capacity(ies), and that by hai�their RUTH EILEN BISHOP � signature(s) on the instrument the person(s), or Commission# T67036T the entity upon behalf of which the person(s) Notary public-CaRforft acted, executed the instrument. Contra Costa County j My Comm.6piresMay 26 201WIT S y han 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•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 •CALIFORNIA ALL-PURPOSE AVOWLEDGMENT • 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. =RAGAN signature(s) on the instrument the person(s), or the entity upon Commission# 1635125 behalf of which the person(s) acted, executed the instrument. 6my Notary Public-CaliforniaOrange County Comm.Expires Jan 5,201 O WITNI� nd and ial seal. NATURE 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 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 � � � ,. . � . � . . ,��_�� � .�������� � � . . . � } ��m4ew �y�\ ( . c 2aF %��mm9 mxR s ( � � � $ £��9 , y�;9&� ƒ���)\ . ��9 ��q �%^ ��`\ . ori$�E�:�.m�S� � . ������rp��������\ 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,..Missoun. 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, thG Comnpany has mus--d tv u0 signed and its corporate seal to be affixed by their authorized officers,this, 9th day of_May 2006 Arch Insurance Company Attested and Certified once ' Cokpo"Tf Martin J. Nilse 0ecretary Edward M.Ti us 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 aMvoluntary act said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J.CALLEO,ESQ. Notary Public,State of New York No.02CA6109336 Ot'allfied in New York County. Pe r J. Nota ublic Commission Expires May 3,2008 My commis expVes 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 WHEREOF, I have hereunto subscribed my name and afifi d the corporat se I of the Arch Insurance Company on this 6th day of_ June 20. 06 ' .r ry. G c Martin J. Nilscx , 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',& Developers Group 135 N.Robles Ave.,Ste.825 Pasadena,CA 91101 V g�Yonce 0 CORPORATE 1171 i OOMLOO13 00 03 03 -�iaioarl Page 2 of 2 ,ro.` Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Cehf Com Ss. On &j before me, Date Q,,,` p� NLm and aIle of ONicer(e.g.,"Jane Doe,Notary Public") personally appeared _Y�Gt'u 67' U��' � �T h- Name(s)of Signers) )(personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +sl'are subscribed to the within instrument and acknowledged to me that4ef /they executed the same in tae+errtheir authorized capacity(ies), and that by ka97h /their RUTH ELLEN signature(s) on the instrument the person(s), or Cmnrnls M# 1670361 r the entity upon behalf of which the person(s) Notary Public-Cotitornta acted, executed the instrument. Contra Costa County - MyCOr".EM*w"26,20101 WITNE S y hand a 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(les) 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: 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-Free 1-800-876-8827 VOfQ AFTER 8%25/Q6fi 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 Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX "1 Tax Operations Supervisor WE HEREBY CERTIFY TH18 TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL FIRST AMERICAN TITLE COMPANY �- Date: 7/11/2006 8Y: IF THIS TRACT ISNOT 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 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 r4 Attn: Cathy Taylor Phone: (925)242-0811 WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL TITLE COMPANY FIRST AMERICAN TITLE COMPANY First American Title Company 6683 Owens Drive Pleasanton, CA 94588 BY. Attention: Barbara Pinto Phone: (925)738-4042 Order Number: 2226398, 2245704, 2246108, 2246142 & 2246175 SURETY Name: Liberty Mutual Insurance Company / f Address: 505 S. Main St. . Ste. 830 DATE: Orange. CA 92868 BOND REVI WED AND APPROVED Phone #: 714-542-9583 CONTRA"COST COUNTY TREA � R T COLLECTOR BY: r • Tax Year 2006/2007 . BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT, Wind'emere 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: - elcz By: C��k �. 1Q/uwti AU SCfil`11117 Principal(s) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c�e�ecr c<c<crcrcce�e�e�c< ?crc�c�?cs c� c�crc�c�ceK>c�r c� ih State of Californias ss. County of i I,IGJ On before me, 4# P� Date Q Na a and Title of Officer(e.g.."Jane Doe, otary Public') r personally appeared �/� �� ,7 9,Ih Name(s)of Signer(s) personally known to me s T: ❑ proved to me on the basis of satisfactory i evidence ' to be the person(s) whose name(s) as/are subscribed to the within instrument and 9 acknowledged to me that hers /they executed i the same in NeAier/their authorized capacity(ies), and that by bieA /their Oji RUTH ELLEN BISHOP signature(s) on the instrument the person(s), or Cortxrisffon#t 1670361 the entity upon behalf of which the person(s) i Notary Pubft-Ca lfornla _ acted, executed the instrument. Contra Costa County My Comm.EVMesMay 26,201 WITS S hand and official seal. t 51 Signature of Notary PublicI �I OPTIONAL ' Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent r fraudulent removal and reattachment of this form to another document. ls' Description of Attached Document lis �hh Title or Type of Document: Document Date: Number of Pages: ' Signer(s) Other Than"Named Above: 2: 'rh Capacity(ies) Claimed by Signer Z Signer's Name: ❑ Individual Top of thumb here < ❑ Corporate Officer—Title(s): ' ❑ Partner—❑Limited ❑General ?� ❑ Attorney-in-Facts ❑ Trustee i 16 ❑ Guardian or Conservator 31 i ❑ Other: Zi Signer Is Representing: i 01999 National Notary Association-9350 De Soto Ave..P.O.Box 2402•Chatswonh,CA 91313-2402-—NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6627 STATE OF California )SS COUNTY OF Oranje ) On July 25, 2006 , before me, J. Barragan, Notary Public Notary Public, personally appeared Rosa E. Rivas personally known to me (or-pFoved-te FAe-&R-th -basisTef.sat isf teFf-&tideme to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-he/she/th&-executed the same in-kris/her/Ni& authorized capacity(ies) and that by+ris/her/d:tet signature(s) on the instrument the persons) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. J. 6ARRAGAN Commission# 1635125 Z @. ,My Notary Public-California � Orange County — Signature ' Comm.Expires Jan 5,2010 My Commis5i Expires: anuary 5, 2010 This area for official notarial seal My CommisF�/� 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,seal,acknowledge and deliver,for and on its behalf as suretyand as its act and.deed, any..and all.undertakings, bonds, recognizances.and other..suretyobItgations+n the penal sum not exceeding ONE HUNDRD SEVENTY FIVE MILLION AND 00/100** ************#'*..-'DOLLAR$($ 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 y attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their psignature and.execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be t2 W as binding as if signed by the president and attested by the secretary. V bi CBy the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: 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 _ deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. 7 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. O— C IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of is Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 12th day of January A = 2006 Q A c CO i LIBERTY MUTUAL INSURANCE COMPANY 027 i,✓_ a C 24 COMMONWEALTH Garnet W.Elliott,Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss '=� ttM d COUNTY OF MONTGOMERY 'C On this 12th day of January 2006 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged O 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 GPower of Attorney and affixed thee corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH P aV unto subscribed my name and affixed my notarial seat at Plymouth Meeting, Pennsylvania,on fhe day and year t b v first above written. �sNi .. �' Gph4MON)Y*{ai F PENN YLVANIA i Past* a16aa1 • p � OF TerDS&Pasteka.N,3;ary•P By O z PyMouthf.Va..M-�ptmen COLM i MyCanuW nE)OmsWar 28.20M Ter sa Pastella,Notary Public v sYt.� ®J M myet.Pvnn4yfvenia Assocstlon of Motadee CERTIFICATE `r I,the undersigned,Assistan ecretary of Liberty Mutual In Company,do hereby certify that the original powerof 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 specialty 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 seat of the said company,this 25th day of July 2006 By David M.Carey,Assiptgt Secretary From:000 TAX COLLECTOR 925+957+2898 07/13/2006 06:45 #012 P.001/001 :V 7111106 FATCO$42.00 8508 Tex Collector's Office William J.Pollacelt 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 Tax Operations Supervisor Date: 7111/2006 i 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. 8S08 9020 9022 SAN RAMON 66393 9021 8029 Parcel#: 223-010-006-3 223-010.007-1 223-100-054-4 223-100.055-4 i and have determined from the official tox records that there are no unpaid County taxes heretofore i 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, i Treas a oil or By: a ( i